Senate · Afternoon Sitting

Thursday, 23 February 2023

Session Summary

Senator Mungatana moved the Parliamentary Powers and Privileges (Amendment) Bill, arguing it would give the Senate enforceable authority over government officers by imposing fines or jail terms for failure to implement Senate resolutions within 60 days. He highlighted the current delays and lack of consequences for unimplemented motions, and urged support to strengthen legislative oversight and curb executive overreach. The debate focused on procedural reforms to make Senate resolutions binding and accountable. The afternoon Senate sitting attempted to address statements on re‑introducing bank charges for mobile wallets and the non‑remittance of statutory deductions by counties, while also raising concerns about the employment of newly qualified doctors. Procedural hiccups, absent members and off‑record statements led to delays, prompting points of order and frustration, notably over a pending motion on sanitary towels. Senators called on the Finance Committee to investigate arrears and urged the Ministry of Health to employ graduates to curb brain‑drain. The afternoon Senate sitting was marked by procedural disputes, with the Deputy Speaker repeatedly addressing points of order and clarifying adherence to the Order Paper and standing orders. Senators attempted to raise statements on Kenya’s greenhouse‑gas emission targets, the health sector’s doctor shortages and Cuban doctor influx, and alleged banking fraud, but faced interruptions and procedural clarification.

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The Deputy Speaker (Sen. Kathuri)

From where I sit, I see we have no quorum. That has been confirmed. So, I request the Bell to be rung for five minutes.

[(The Quorum Bell was rung)]

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The Deputy Speaker (Sen. Kathuri)

Ring the Quorum Bell again for five minutes. Majority Whip, approach the Chair with immediate effect. approached the Chair) ) Ring the Quorum Bell for another 10 minutes.

[(The Quorum Bell was rung)]

[(The Senate Majority Whip (Sen. Khalwale)]

[(The Clerk-at-the-Table consulted the Deputy Speaker (Sen. Kathuri)]

[(The Quorum Bell was rung)]

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The Deputy Speaker (Sen. Kathuri)

Okay, now we have quorum. Let us transact business.

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, in the Public Gallery, we have 92 students accompanied by four teachers from Kahawa Garrison Secondary School in Nairobi City County who are in the Senate on an educational tour. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf wish them a fruitful visit. I than…

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Sen. Tabith Mutinda

I thank you, Mr. Deputy Speaker, Sir. Ningependa kuchukua fursa hii kuwakaribisha sana wanafunzi kutoka hii Kaunti yetu nzuri ya Nairobi. Mmefanya jambo la hekima sana kutembea katika Bunge letu la Seneti leo. Tunafurahia kuwa nanyi. Masomo ni kitu ambacho mzazi anaweza kukupa ambacho hakuna yeyote ambaye anaweza kuchukua kutoka kwako. Mafunzo mnayopewa myaweke kwa hali inayofaa. Mambo mengi yame…

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The Deputy Speaker (Sen. Kathuri)

There are few requests, I do not know whether they are on the same matter. Sen. Maanzo, you have the Floor.

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Sen. Maanzo

Thank you, Mr. Deputy Speaker, Sir. It is always a pleasure for students to learn from us, to be role modelled by us. Every time we have visitors, we look forward to invite them and welcome them to follow the proceedings. I encourage those young children one day to become Senators. There is a president of the United States of America who became president because when he was a student he visited t…

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The Deputy Speaker (Sen. Kathuri)

Okay. Next Order.

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Sen. (Dr.) Khalwale

Thank you, Mr. Deputy Speaker Sir. I beg to lay the following Paper on the Table of the Senate today, 23rd February, 2023: - Report of the Parliament of Kenya Delegation to the 145th Assembly and Related meetings of the Interparliamentary Union (IPU) held from 11th to 15th October, 2022, in Kigali, Rwanda.

[(Sen. (Dr.) Khalwale, laid the document on the Table)]

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The Deputy Speaker (Sen. Kathuri)

Okay, Vice-Chaiperson, Parliamentary Service Commission.

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Sen. Korir

Thank you very much, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, 23rd February, 2023: - Annual Report of the Parliamentary Service Commission for the financial year 2021/2022.

[(Sen. Korir laid the document on the Table)]

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The Deputy Speaker (Sen. Kathuri)

I thank you. Next Order.

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Sen. Wambua

Thank you, Mr. Deputy Speaker, Sir, for this opportunity to give Notice of Motion. I beg to give notice of the following Motion: - AWARE THAT, Kenya is experiencing the most intense, severe and alarming drought in forty years, as a result of the failure of four consecutive rainy seasons, affecting more than twenty counties in arid and semi-arid lands (ASAL) ; FURTHER AWARE THAT, more than 4.2 mil…

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Sen. Wambua

NOTING THAT, the national and county governments, both local and international development partners and philanthropists have made attempts to respond to the dire situation occasioned by the severe drought; CONCERNED THAT, thousands of children did not attend school during the third term of the academic year 2022 and beginning of 2023 as a result of the ongoing drought; NOW, THEREFORE, the Senate u…

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The Deputy Speaker (Sen. Kathuri)

Next Notice of Motion is by Sen. Kavindu Muthama.

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Sen. Kavindu Muthama

Thank you, Mr. Deputy Speaker, Sir. I beg to give Notice of the following Motion- THAT, AWARE THAT, disaster is defined as an overwhelming event and circumstance that tests the adaptation of responses of a community or individuals beyond their capability and leads momentarily to massive disruption of functions for a community or individual that often exceeds their capacity to cope using existing …

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Sen. Kavindu Muthama

NOW, THEREFORE, the Senate resolves that the Ministry of Foreign Affairs-

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The Deputy Speaker (Sen. Kathuri)

That is enough for now.

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Sen. Kavindu Muthama

Okay, Mr. Deputy Speaker, Sir. This issue has taken 24 years. I pray and plead with you that those responsible take it with seriousness and act on it.

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The Deputy Speaker (Sen. Kathuri)

Thank you, Senator. Next is Sen. Mungatana, MGH with a Notice of Motion.

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Sen. Mungatana, MGH

Mr. Deputy Speaker, Sir, I beg to give Notice of the following Motion- THAT the Senate notes the Record of the Proceedings of the First Ordinary Session of the Sixth Parliament of the Pan-African Parliament (PAP) , held in Gallagher Convention Centre, Midrand, South Africa on 23rd October to 12th November, 2022 laid on the Table of the Senate on Thursday, 16th February, 2023. Thank you, Mr. Deput…

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The Deputy Speaker (Sen. Kathuri)

Thank you. The Senate Majority Whip, Sen. (Dr.) Khalwale, proceed.

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Sen. (Dr.) Khalwale

Thank you, Mr. Deputy Speaker, Sir. I beg to give Notice of the following Motion- THAT, the Senate notes the Report of the Parliament of Kenya Delegation to the 145th Assembly and Related meetings of the Inter- Parliamentary Union (IPU) , held from 11th to 15th October, 2022, in Kigali, Rwanda laid on the Table of the Senate on Thursday, 23rd February, 2023.

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The Deputy Speaker (Sen. Kathuri)

Thank you. Next Order.

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The Deputy Speaker (Sen. Kathuri)

We have a couple of Statements. We will start with Sen. (Prof.) Tom Ojienda, SC, Senator for Kisumu County. If my record is right, you have three Statements.

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Sen. (Prof.) Tom Ojienda, SC

Yes, Mr. Deputy Speaker, Sir. I have three Statements. The first Statement is on the misuse of arms by Kenya Wildlife Service (KWS) officers in Kisumu County.

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The Deputy Speaker (Sen. Kathuri)

For neater work, start with the one on misuse of firearms.

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Sen. (Prof.) Tom Ojienda, SC

Mr. Deputy Speaker, Sir, I rise under Standing Order 53 (1) , to seek a Statement from the Standing Committee on National Security Defence and Foreign Relations regarding the misuse of firearms by officers of Kenya Widlife Service (KWS) in Kisumu County. In the Statement, the Committee should-

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The Deputy Speaker (Hon. Kathuri)

Read the second Statement. STATUS OF CONSTRUCTION OF KORU-SOIN DAM

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Sen. (Prof.) Tom Ojienda, SC

The second Statement is on the construction of Koru-Soin Dam. I rise, pursuant to Standing Order 53 (1) , to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the status of construction of the Koru-Soin Dam following the compulsory acquisition, by the Government of the land for construction of the said dam several years ago. In the Statement, the C…

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Sen. (Prof.) Tom Ojienda, SC

Mr. Deputy Speaker, Sir, my last Statement is on the threat to human life and destruction of farm crops by hippopotamus in paddy fields of West Kano Irrigation Scheme in Kisumu County which is a current menace. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources concerning the threat to human life and destruction of f…

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The Deputy Speaker (Hon. Kathuri)

Thank you. The three Statements to be considered by the relevant Committees. Sen. Sifuna, the Nairobi Senator.

[(Statements referred to relevant Committees)]

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, we have visiting students and teachers from Sabis International School, Nairobi City County, in the Public Gallery. We have 22 students accompanied by eight teachers from the school who are in the Senate on an educational tour. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, …

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Sen. Tabitha Mutinda

I also urge you to continue visiting other schools that might not have the facilities that you have so that you understand what this country offers. You are our future leaders. The Senators you see here; we have walked an education journey. I humbly ask you to shine in your education. I thank you.

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Sen. Tabitha Mutinda

I also urge you to continue visiting other schools that might not have the facilities that you have so that you understand what this country offers. You are our future leaders. The Senators you see here; we have walked an education journey. I humbly ask you to shine in your education. I thank you.

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The Deputy Speaker (Sen. Kathuri)

Kindly proceed, the Senator for Nairobi County.

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Sen. Sifuna

Thank you, Mr. Deputy Speaker, Sir. Probably for the benefit of the students in the gallery, the Nairobi delegation is quite healthy. We have one elected Senator in Nairobi but we have at least five nominated Senators who come from the Nairobi County and therefore, they form part of the delegation. Sen. Tabitha Mutinda who spoke before me is one of the Members of the delegation in Nairobi. If she…

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Sen. M. Kajwang’

On a point of order, Mr. Deputy Speaker, Sir.

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The Deputy Speaker (Sen. Kathuri)

Sen. M. Kajwang’, what is your point of order.

[(Laughter)]

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Sen. M. Kajwang’

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The Deputy Speaker (Sen. Kathuri)

Mr. Deputy Speaker, Sir, as a resident of Kiambu County, I would like to welcome the delegation from Sabis International School, Runda. It is a school that I am very well familiar with because I have previously taken my son there for an interview. In as much as he was admitted to join Sabis International School, we were just not able to afford the fees.

[(Laughter)]

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Sen. M. Kajwang’

Mr. Deputy Speaker, Sir, as a resident of Kiambu County, I would like to welcome the delegation from Sabis International School, Runda. It is a school that I am very well familiar with because I have previously taken my son there for an interview. In as much as he was admitted to join Sabis International School, we were just not able to afford the fees.

[(Laughter)]

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Sen. M. Kajwang’

neighborhood; who are friends of my children including the staff of Sabis International School. Additionally, the entrepreneurs; before coming to this House, I was in the financial services sector and was in a group of companies where Centum was part of it. Mr. Deputy Speaker, Sir, I want to congratulate the entrepreneurs who partnered to bring this world class school to Kenya particularly in Ki…

[(Laughter)]

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The Deputy Speaker (Sen. Kathuri)

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Sen. (Prof.) Tom Ojienda, SC

Hon. Senators, as requested by the Majority Leader and the leadership of the House, there are a few other Statements that I may suspend for a few minutes. Let us dispense off with the business appearing in Order No. 8 on the Order Paper then we will come back to the Statements. We will then proceed in that manner. Next Order.

[(Laughter)]

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, as requested by the Majority Leader and the leadership of the House, there are a few other Statements that I may suspend for a few minutes. Let us dispense off with the business appearing in Order No. 8 on the Order Paper then we will come back to the Statements. We will then proceed in that manner. Next Order.

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The Deputy Speaker (Sen. Kathuri)

the Table of the Senate on Thursday, 16th February, 2023, and that pursuant to Section 17 (7) of the Public Finance Management Act and Standing Order 189 (3), the Senate approves the County Governments Additional Allocations Cash Disbursement Schedule for the Financial Year 2022/2023.

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The Deputy Speaker (Sen. Kathuri)

Where is our technical team? Can you advise us?

[(Clerk-at-the-Table consulted with the Deputy Speaker)]

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The Deputy Speaker (Sen. Kathuri)

Okay. Hon. Senators, this system is not working. Therefore, we will go the manual way and use the roll call. The House leadership can give us Tellers, one each from either side. The Tellers are Sen. Chimera and Sen. Oketch Gicheru. Let us proceed.

[(Voting in progress)]

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

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Sen. Dullo

Senators, you have no powers to vote on behalf of your colleagues.

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

Senators, you have no powers to vote on behalf of your colleagues.

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The Deputy Speaker (Sen. Kathuri)

Draw the Bars and open the doors. Now, let us go to the previous Order again and clear the Statements. Let us get the Statement from Sen. Chute.

[(Resumption of debate on Statements)]

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The Deputy Speaker (Sen. Kathuri)

Draw the Bars and open the doors. Now, let us go to the previous Order again and clear the Statements. Let us get the Statement from Sen. Chute.

[(Resumption of debate on Statements)]

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Sen. Chute

Mr. Deputy Speaker Sir, I rise Pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Labor and Social Welfare on the non-remittance of statutory deductions from the staff of the County Government of Marsabit to the National Hospital Insurance Fund (NHIF) , National Social Security Fund (NSSF) , and the Local Authorities Provident (LAP) Fund by Marsabit County Gov…

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir. I rise, pursuant to Standing Order 53 (1) , to seek a Statement from the Standing Committee on Finance and Budget regarding re-introduction of Bank charges on mobile wallets such as Mpesa, Airtel Money and T-Kash. In the Statement, the Committee should-

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Sen. Kibwana

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Lands Environment and Natural resources on the steps taken to achieve Kenya’s greenhouse gas emissions reduction targets set out in the Nationally Determined Contribution (NDCs) updated in 2020. In the Statement the Committee should-

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The Deputy Speaker (Sen. Kathuri)

Sen. Kibwana, the Statement I have is totally different from what you are reading.

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Sen. Kibwana

I have two Statements. Which one do you have?

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The Deputy Speaker (Sen. Kathuri)

Only one was recorded. You cannot read something I do not have. Otherwise, you can read “mwakenya” in the House.

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Sen. Kibwana

I had two.

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The Deputy Speaker (Sen. Kathuri)

The one which is approved is the influx of Cuban doctors. The other one might be pending. Kindly read this one.

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Sen. Kibwana

I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Health on the crisis of unemployed Kenyan doctors and the influx of Cuban doctors in Kenya’s healthcare system In the Statement, the Committee should –

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Sen. Kibwana

I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Health on the crisis of unemployed Kenyan doctors and the influx of Cuban doctors in Kenya’s healthcare system In the Statement, the Committee should –

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Finance and Budget regarding claims of fraudulent activities involving customer’s accounts at various Kenyan banks. In the Statement, the Committee should-

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Sen. Tabitha Mutinda

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Finance and Budget regarding claims of fraudulent activities involving customer’s accounts at various Kenyan banks. In the Statement, the Committee should-

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The Deputy Speaker (Sen. Kathuri)

Sen. Tabitha Mutinda, you have made your Statement unless any other Member can be able to support.

[(Loud consultations)]

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Sen. Tabitha Mutinda

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The Deputy Speaker (Sen. Kathuri)

I cannot see anybody interested in saying something on that.

[(Loud consultations)]

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Sen. Cheruiyot

Committee on Justice, Legal Affairs and Human Rights on the nominee for the appointment to the position of non-Member of Parliament Commissioner to the Parliamentary Service Commission (PSC). The deadline is next week on Tuesday. Members of the Justice, Legal Affairs and Human Rights Committee need to conclude on that business. I urge the two Select Committees to consider these matters within the…

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Sen. Cheruiyot

to remind you or bring to your attention that there is a particular issue that the Senate should look into. Many times, matters that are brought before us need either the assistance of investigative agencies. I challenge Committee Chairpersons and Members of various Committees that the 60 days provided for by the Standing Orders remain. I hope we can get to a point where if a Kenyan submits their…

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Sen. Cheruiyot

I hope that we can quickly put this matter to rest as we agreed during the Leaders’ meeting that we had this morning. I thank you and hereby lay the Statement on the Table of the Senate.

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Sen. Cheruiyot

I hope that we can quickly put this matter to rest as we agreed during the Leaders’ meeting that we had this morning. I thank you and hereby lay the Statement on the Table of the Senate.

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The Deputy Speaker (Hon. Kathuri)

Thank you, the Senate Majority Leader. All Statements that came under Standing Order No.53 (1) stand committed to their respective Standing Committees of the Senate. Next order. Is the Mover of the Bill, Sen. M. Kajwang’ around? He is not around. So, we will defer that Bill to the next sitting.

[(Statements referred to respective Standing Committees)]

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Sen. Mungatana MGH

Mr Temporary Speaker, Sir, I am the Mover of this Bill and would request that to push it to Tuesday. I underestimated the strength and energy that I was going to require for us to move it.

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Mungatana, the next Order, again, is your Bill. We do not want to presume that you will also be making a similar application, but if you are, let the Chair know about it, so that we are appropriately advised

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Mungatana, the next Order, again, is your Bill. We do not want to presume that you will also be making a similar application, but if you are, let the Chair know about it, so that we are appropriately advised

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Sen. Mungatana MGH

Mr. Temporary Speaker, I will also be making a similar application. I thank you.

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The Temporary Speaker (Sen. Wakili Sigei)

Next Order!

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The Temporary Speaker (Sen. Wakili Sigei)

Next Order!

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The Temporary Speaker (Sen. Wakili Sigei)

Since Sen. Orwoba is not in the House, we shall defer the Motion to the next Sitting. Next Order. What is your point of order, Senator for Kiambu County?

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Sen. Thang’wa

Thank you, Mr. Temporary Speaker, Sir. I am rising to seek indulgence and guidance on the Motion that has just been mentioned about ending period poverty in this country. I remember how that Motion started. There was drama and activism in the Senate. As a result, this Motion was drafted. This is the fourth time this Motion is being deferred. I seek your guidance on what should be done. We do not …

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Thang’wa, it is noted. Remember we had a discussion on Motions that are listed in the Order Paper and the Movers are unavailable in the House. Part of the resolution made was to defer, not to the immediate next Sitting. It is because they will take place of other Orders, which ought to be listed in the Order Paper. We should push it further. In this particular case where you insist on Movin…

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The Temporary Speaker (Sen. Wakili Sigei)

FURTHER AWARE THAT there has been a significant growth in the demand for electricity in Kenya driven by economic growth and increased efforts towards rural electrification while the supply has been constrained due to, among other factors, the overreliance on hydro-electric power generating plants that have been negatively impacted by perennial drought experienced in the country. NOTING THAT the im…

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The Temporary Speaker (Sen. Wakili Sigei)

This is a Motion by Sen. Chute. Are you ready to prosecute your Motion?

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Sen. Chute

Thank you, Mr. Temporary Speaker, Sir, we do not have much time now. Can the Motion be deferred to the next Sitting?

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The Temporary Speaker (Sen. Wakili Sigei)

(Motion deferred)

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The Temporary Speaker (Sen. Wakili Sigei)

(Motion deferred)

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Wamatinga was here, but he seems to have stepped out. We shall also defer the Motion to the next Sitting.

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, there being no other business in the Order Paper, the Senate, therefore, stands adjourned until Tuesday, 28th February, 2023, at 2.30 p.m. The Senate rose at 6.16 p.m.