Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly, ring the Quorum Bell for five minutes. Clerk, do we now have the requisite quorum? Kindly, proceed to call the first Order.

[(The Clerk-at-the-Table consulted the Speaker)]

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46 (3) and (4) , I have received the following Message from the Speaker of the National Assembly regarding the passage by the National Assembly of the Division of Revenue Bill (National Assembly Bills No.9 of 2023) .

Pursuant to the provisions of Standing Order Nos.41 and 142 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly- “WHEREAS the Division of Revenue Bill (National Assembly Bills No.9 of 2023) was published vide Kenya Gazette Supplement No.32 of 20th March, 2023, to provide for the equitable division of revenue raised nationally among the nation…

Since Sen. Cherarkey is not here, the Petition is deferred. Let us move on to the next Order.

[(Petition deferred)]

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 23rd March, 2023- Performance Audit Report of the Auditor-General on implementation of the Kenya Towns Sustainable Water Supply and Sanitation Programme. Report of the Auditor-General on the financial statement of the County Assembly of Meru Staff Car Loan and Housing Scheme Fund for the year ended 30…

Report of the Auditor-General on the financial statement of the County Executive of Isiolo for the year ended 30th June, 2022. Report of the Auditor-General on the financial statement of the County Assembly of Isiolo for the year ended 30th June, 2022. Report of the Auditor-General on the financial statement of the County Executive of Uasin Gishu for the year ended 30th June, 2022. Report of th…

The Chairperson or any Member of the Committee on Justice, Legal Affairs and Human Rights can proceed to lay the Paper.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday 23rd March, 2023-

Report of the Standing Committee on Justice, Legal Affairs and Huma Rights on its consideration of the preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bills No.7 of 2022).

Next Order.

Sen. Tabitha Mutinda, please, proceed.

Mr. Speaker, Sir, I will do that on her behalf. This is a Statement on credibility of courses offered to Kenyan immigrant workers by the National Industrial Training Authority (NITA) . Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education on the credibility of courses offered to Kenyan immigrant workers by NITA. In the Statemen…

Sen. Osotsi, please, proceed. I see you on the dashboard.

For my Statement?

Not for your Statement. If it is for your Statement, you do not need to log on the dashboard. I will call you. I follow the sequence given in the Order Paper. You can proceed to comment.

Mr. Speaker, Sir, I believe we must thank Sen. Tabitha Mutinda for this Statement. This is because training of immigrants is very important. We have had many problems with Kenyans who travel to Saudi Arabia and the Middle East looking for opportunities. Some of them have died in mysterious circumstances, while others have been arrested and locked in. I am sure in this House we have had many Statem…

This is a very important Statement. I ask the relevant Committee, which is the Committee on Labour and Social Welfare, to give it a lot of focus and consideration so that the licensed institutions that conduct these processes, the agencies, together with NITA, need to stick to the regulations especially on matters to do with training. Mr. Speaker, Sir, I support this Statement. I would recommend …

Sen. Cheruiyot, please, proceed.

Mr. Speaker, Sir, a few months ago, you chaired a meeting when we had training for Senate leadership together with I think the Chairpersons of Committees in the United Arabs Emirates (UAE) . We took time to listen to Kenyans who work there. They presented us with very concrete proposals on what they think we can do as a country to take advantage of the labour market that exists in that region. Be…

country, they have undergone this training. The amendment that they want us to do will enforce and ensure that. Each time we see the President visiting different parts of the world. This is something that we can brandish and show them that our workers are fully prepared for the labour market in any part of the world. Therefore, it is my most sincere hope that the Departmental Committee that you …

Sen. Wambua, please, proceed.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to also input into this Statement by Sen. Tabitha Mutinda. A few minutes ago, when I walked into the Chamber, my colleague Sen. Sifuna, was very worried that I was wearing green. He thought I am joining FORD- (K) . However, I gave him the assurance that I am in green today as an outward manifestation of the peace that we stand for in this H…

Proceed, Sen. Mungatana, MGH.

Thank you, Mr. Speaker, Sir, I wish to associate myself with the comments of the hon. Senators who have spoken before me. However, there is an important key word that is missing in all the submissions. It is not general

training. It is credibility of these trainings that this Committee must seek out. It is because from my experience in the courts, the agents who take our children do not give them the real requirements that are necessary for the successful execution of the duties they are going to undertake in the foreign countries. I hope that the Committee captures the real thing in this Statement. They must in…

Hon. Senators, we have spent considerable time on this particular Statement. We will move to next Statement. Proceed, Sen. Wamatinga. Sen. Olekina, under Standing Order No.51, we are only given under one hour to prosecute all the Statements. If we spend more time on just one, we may not make any headway. Proceed, Sen. Wamatinga.

[(Sen. Olekina spoke off record)]

Thank you, Mr. Speaker, Sir. I rise to support this Statement-- -

[(Laughter)]

Sen. Wamatinga, that has been closed.

Pardon, Mr. Speaker, Sir. I am guided.

Thank you, Mr. Speaker, Sir. Yes, I do have time. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Committee on Land, Environment and Natural Resources on irregularities of land acquisition for dams construction projects. In the Statement, the Committee should -

Proceed, Sen. Olekina.

Thank you, Mr. Speaker, Sir. I rise to support the Statement by the distinguished Senator for Nyeri County and the Chairperson of the Standing Committee on Energy and Petroleum. This is a very important Statement because so often, we violate Article 68 (c) (ii) of the Constitution, which is supposed to regulate how land moves from one use to another. Often, you will find that when land is acquired…

This Statement is very important. I hope that the issues I have raised can be included in that Statement so we can on a yearly basis know how much money the Ministry of Lands, Public Works, Housing and Urban Development will use to acquire land for Government projects. I thank you, Mr. Speaker, Sir.

Sen. Cheptumo, you may proceed to contribute to the Statement.

Thank you, Mr. Speaker, Sir. I rise to also support the Statement by the Senator for Nyeri County, Sen. Wamatinga. The construction of dams in our country helps to avail water to our citizens. However, many of these dams have been frustrated because of a number of factors. In my practice of law, I have had cases where there is a conflict between the citizens and the Government because of compensat…

Sen. Mumma, you may proceed.

Thank you, Mr. Speaker, Sir. I rise to support and contribute to this Statement. Beyond the issue of speculation on infrastructure development, the Committee needs to look at the issue of social risk management in infrastructure

development in Kenya. Beyond the compensation of land, we have had many community and Government conflicts over a number of projects that have had to be stopped because communities rose and objected to those projects proceeding for one reason or another. As Sen. Cheptumo has said, this goes to the issue of public participation. Often times, we have had no public participation where allocation is …

Next Statement? Sen. (Dr.) Murango, you may proceed.

Thank you, Mr. Speaker, Sir. I have two Statements.

Mr. Speaker, Sir, in my second Statement, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads and Transportation regarding the status of the project to upgrade the Kutus-Kimbimbi- Kanjini- Piai Road in Kirinyaga County to bitumen standard. In the Statement, the Committee should-

Proceed, Sen. Beth Syengo.

Thank you, Mr. Speaker, Sir. I rise to support the Statement by Sen. (Dr.) Murango of Kirinyaga County. Mr. Speaker, Sir, looking at the establishment of police stations, posts and patrol bases, it is not only in Kirinyaga County as he has indicated, but also in other counties. Sometimes, I wonder when I look at the living conditions and standards of the security personnel. Some of them live unde…

Proceed, Sen. Kisang

Thank you, Mr. Speaker, Sir. I rise to support the Statement by the Senator in terms of increasing the number of police stations, posts and patrol bases. Mr. Speaker, Sir, when you increase the number of police stations, you will increase the number of police officers in different areas. We can propose that every sub- location should have either a police station or a police post, to enhance secur…

About five weeks ago, I requested for a Statement on gazettement of police stations in Elgeyo/Marakwet County and beginning of operations in that region. Up to now, six or so weeks down the line, I have not received feedback for that Statement. Mr. Speaker, Sir, that is why, it is important that the amendments we were discussing yesterday are passed today so that the Cabinet Secretaries (CSs) com…

Proceed, Sen. Ogola.

Mr. Speaker, Sir, thank you for giving me a chance to contribute to the noble Statement that has been brought to the Floor by the Senator for Kirinyaga County, Sen. (Dr.) Murango. Mr. Speaker, Sir, as we talk about the establishment of more police stations, posts and patrol bases in Kirinyaga County, it is only important that the Committee considers equity across the country. This is because the …

On our side as Azimio la Umoja-One Kenya Coalition, we also expected the police officers to protect the protestors and businesses of Kenyans. However, the police officers were in the middle of a conflict. I was one of the demonstrators that day. As we were demonstrating, I saw police officers running after protestors from 8 a.m. up to evening, without water, milk or anything to support themselves…

Next Statement by Sen. Cherarkey. Is Sen. Cherarkey not here? The Statement is deferred.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.57 (1) to present the Statement of the Business of the Senate for the week commencing Tuesday, 28th March, 2023. There are 19 Bills that are before the Senate for consideration at the Second Reading stage. Ten of these Bills are scheduled in today’s Order Paper. Four were read a First Time yesterday and are committed to the respective Standin…

nothing in our Standing Orders that bars debate on Second Reading on any Bill in the absence of a report of a committee. Mr. Speaker, Sir, I have argued before on this Floor that this issue of committee reports and Second Reading is a chicken-and-egg situation. Many are the times when Members read through the committee report, which projects their thinking to a particular direction, yet if you wa…

Just a moment, Senate Majority Leader. What is your point of order, Sen. Olekina?

Mr. Speaker, Sir, I did not want to interrupt the Majority Leader when he was giving his Statement for the upcoming week. However, I got concerned with one statement that we are to debate Bills in this House in the Second Reading without considering the committee reports, yet these reports normally enrich debates. The law requires us, in Article 118 of the Constitution, to consider public particip…

Sen. Olekina, what is out of order with what the Majority Leader said?

Mr. Speaker, Sir, my concern is---

No, I did not ask about your concern. What is out of order?

Mr. Speaker, Sir, if this House adopts a culture of debating Bills in the Second Reading without considering the committee reports, we will be violating Article 118 of the Constitution. That is the issue in terms of public participation.

Sen. Olekina, if that is your persuasion, then you may have to move to amend the Standing Orders. The Standing Orders are very clear that once committed to the committee, the committee has 30 days within which to do all that which you are talking about; public participation and any other acts that ought to be done prior to tabling the report.

Therefore, failure of the Committee cannot be visited upon the House. The Standing Orders are very clear that upon expiry of that period, the House can proceed. It is incumbent upon the committee whose Bill has been committed to, to make sure that they act within the 30-days window. I will give you an example that I had the other day from the Chair of the Committee on Agriculture. A letter was wr…

Mr. Speaker, Sir, my colleague needs to read Standing Order No. 148 (2) . I am concerned that you are treading on dangerous ground where, when I am presenting my Statement, if somebody for one reason or another does not agree with it, then you open it up for debate. That way, I will never be able to do my Statements. I seek your protection. What Sen. Olekina was raising is a point of debate and n…

Wednesday, 29th March, 2023, respectively. The SBC will also schedule any other business as well as Petitions and Statements pursuant to the Standing Orders. I want to end by highlighting that pursuant to the Calendar of the Senate approved on 16th February, 2023, the Senate will proceed on a short recess at the rise of the House on Thursday, 30th March, 2023. It is, therefore, imperative that Bi…

Hon. Senators, before we move to the next Order, I have two communications to make.

Hon. Senators, I would like to acknowledge the presence, in the Speaker's Gallery this afternoon, of Mr. Wesley Abuya, a Hansard Reporter from the County Assembly of Uasin Gishu, who is on a one-week benchmarking visit on Hansard audio-visual solutions in the Senate. Hon. Senators, I request him to stand to be acknowledged in the Senate tradition. On behalf of the Senate and my own behalf, I exte…

[(Applause)]

Again, hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of a visiting delegation from Kondabilet High School in Elgeyo-Marakwet County. The delegation comprises of four teachers and 47 pupils, who are in the Senate for a one-day study tour. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome…

[(Applause)]

Mr. Speaker, Sir, I wish to welcome the two delegations to the Senate today. Kondabilet Secondary School is in Markwet West Constituency of Elgeyo- Markwet County. It is a young school that was started in 2007. That was the first time I vied to be a Member of Parliament (MP) , but did not succeed then. Eventually, I served as the MP for the Constituency for two terms from 2013 to

Let us move on to the next Order.

Next Order.

Hon. Senators, we are deferring business under Order No.9 to the next sitting. Next Order.

Hon. Senators, this debate was interrupted on Tuesday, 21st March, 2023 and Sen. Sifuna was on the Floor. He has four minutes to

complete his contribution. If he is around, he can proceed and utilize his four minutes. If he is not around, we can give a chance to the next contributor. Surprisingly, I do not see any person interested in this debate. Sen. Nyutu, do you want to contribute?

Mr. Deputy Speaker, Sir, we have already sat as a Committee and deliberated on all the provisions of that Bill. It is ready for tabling by Sen. M. Kajwang’ who was the Mover. So, I do not have any contribution to make as of now.

No. This Bill is under debate now. I am opening the Floor for debate.

Mr. Deputy Speaker, Sir, I had not prepared some notes for debate on this because we had deliberated on it as I have said at the committee level. So, we may invite other Senators to make their contributions.

Yes, the Chairperson of the Standing Committee on Education we are very happy because you are one of the chairpersons who has brought a report before the Second Reading of a Bill. I am encouraging other chairpersons to do the same so that Members can debate with information. Thank you very much the Standing Committee on Education for your report.

Thank you for the compliment, Mr. Deputy Speaker, Sir.

If there is no one interested to contribute, I call upon the Mover who is Sen. M. Kajwang’, the owner of this Bill, to reply. If he is not around, then we defer to the next sitting. Next order.

Sen. Tabitha Mutinda, is the Mover. Let her proceed to move the Bill. If she is not present, then we go to the next order. The Bill is deferred.

Sen. Mungatana, you may proceed.

Mr. Deputy Speaker, Sir, this is an important Bill and it should have come yesterday. It is a Bill that proposes to give effect to one of the most important constitutional articles that we passed in the 2010 Constitution. In constitutional law, we first have generation rights. They fought because their rights to life, living without discrimination, live in their own land and the colonialists were…

which is our neighbour, or they will take you to Garissa. Those are not referral hospitals. However, because of the degraded situation of the hospitals, that is the current situation. This Bill seeks to force county governments to treat healthcare as a socio- economic right that must be guaranteed by the counties. It is not only in Tana River, but also in other counties. This Bill will force gove…

Mr. Deputy Speaker, Sir, this Bill talks about the right to be free from hunger and to provide adequate food and in adequate quantities to the people. It is trying to say that there are social and economic rights within the Constitution. It is forcing those rights to be enforced in our counties. Right now, before the rains started, people were going hungry. You would find many children unable to …

Mr. Deputy Speaker, Sir, in various States in the United States of America (USA), they provide for food coupons as part of their social assistance agenda, depending on which State you come from. Food coupons are given to people who are out of work and do not have food, and are literally starving. They are allowed to access coupons, which they can take to - say in our country if you were to locali…

time and having worked across the breadth and length of our nation, we know that there are some areas where there is always rain. We know some counties where there is always food and those which have shortfall of rainfall. We know that there are counties that will not also have rain and they suffer from drought for a long time. The marginalised areas are supposed to be the beneficiaries of this E…

and accountability to every bearer of office. If this Bill is implemented, for the first time, the law will enhance transparency, accountability and availability of services. The national Government has been given obligations. Equally, the county governments have been given obligations under this Bill. The national Government will have to formulate and implement policies, strategies and legislati…

Mr. Deputy Speaker, Sir, it will be an obligation of the national Government to create and put in place adequate infrastructure that would be necessary to meet the obligation of realizing economic and social rights. The national Government will be told that they must put in place infrastructure. They must go into debt or borrowing or investment or whatever they need to do, but they must put the in…

Senate Majority Leader, second the Bill.

Mr. Speaker, Sir, thank you for this chance. I beg to second this Bill that has been brought to us by Sen. Mungatana, a man that is among the many that inspired me to love the work of Parliament. I watched him back then as a university student every afternoon as I engaged. That was in the 10th Parliament. He is one of those people I used to enjoy following their contributions in the House because…

account of them voting in that Constitution. Therefore, that we are gathered here and it is taking a Bill of Parliament to enforce; it is still part of the beauty of democracy. We know that a constitutional provision alone is not enough for our people to enjoy their economic and social rights. It is not enough for their dignity to be preserved. That is why this Bill despite all the challenges and…

Order, Senate Majority Leader. You will have almost 50 minutes because you have one hour to second. So, you will have enough time when this Order resumes.