Senate · Afternoon Sitting

Clerk, kindly confirm whether we have quorum? I am informed that we have quorum. Therefore, we shall begin the Order of the day. Clerk, kindly call the Order.

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

Hon. Members, I wish to acknowledge the presence in the Public Gallery this afternoon, a visiting delegation of members of staff and students from the Kenya Institute of Management (KIM) . The delegation is in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Sena…

Thank you, Mr. Temporary Speaker, Sir, for the privilege. I join you in welcoming our visitors. I notice all of them are young people. I do not know how the lecturers became young and the students are also young. These things do happen. Congratulations for being in your course of study. Welcome to the Senate. The Senate is a unique place as you have heard. Some of the people you normally see on t…

Clerk, call the next Order.

Thank you, Mr. Temporary Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, Thursday, 23rd November, 2023: Report of the Standing Committee on Agriculture, Livestock and Fisheries on its consideration of the Coffee Bill (Senate Bills No. 10 of 2023) .

Vice Chairperson, Committee on Justice, Legal Affairs and Human Rights, Sen. Chimera, proceed.

Thank you, Mr. Temporary Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, Thursday, 23rd November, 2023: Report of the Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No. 37 of 2023) .

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

Next is the Chairperson, Committee on County Public Investments and Special Funds, Sen. Osotsi.

Mr. Temporary Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Thursday, 23rd November, 2023: Report of the Select Committee on County Public Investments and Special Funds on its consideration of the Audit Reports of the following Water Service Providers for the year ended 30th June, 2019:

Hon. Members, that takes us to an opportunity under Standing Order No.238 (2) , for Hon. Senators to comment cumulatively on the Papers which have been laid this afternoon. I will allow a maximum of 30 minutes for your comments on all the Papers laid. Sen. Wafula, proceed.

Bw. Spika wa Muda, asante kwa nafasi hii--- Bw. Spika ana mamlaka ya kuamua kile anataka.

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

Very well. Sen. Wafula, that is noted. These Papers are yet to be ripe for comments. Clerk, call the next Order.

Mr, Temporary Speaker, Sir, I beg to give Notice of the following Motion- THAT, the Senate adopts the Reports of the Select Committee on County Public Investments and Special Funds on its consideration of the Audit Reports for the years ended, 30th June, 2019, 30th June, 2020 and 30th June, 2021 of the following Water Service Providers -

Clerk, call the next Order.

Thank you, Mr. Temporary Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement of topical concern; commemorating the World Day of Remembrance for road traffic victims observed on the third Sunday of November annually. This poignant occasion marks a solemn acknowledgement of the toll that road crashes exert on humanity. Insights gathered from the United Nations Global Road …

However, it is not accurate to imply that the Kenyan driver behaviour is solely to blame for majority of crashes. For example, this week at the roundabout of Dennis Pritt Road just as you are about to descend to Oloitoktok Road, had traffic lights showing green and red at the same time. Of course, we expect that intersection to have cases of human error. It was the free for all. The saying goes f…

Furthermore, raising awareness about sharing the road with individuals with disabilities is imperative for both drivers and pedestrians. The driving school curriculum must emphasise the importance of being mindful of Persons with Disabilities (PWDs) on the road whether visual, hearing or mobility related to help cultivate inclusivity and understanding on the road. Mr. Temporary Speaker, Sir, in J…

Sen. Chute, please proceed.

My Statement today is on the status of completion of Bunge Tower.

[(Applause)]

conversion of grant scholarships to loans funded by the Ford Foundation by the Higher Education Loans Board. In the Statement, the Committee should:

Sen. Lemaletian, please proceed.

Thank you, Mr. Temporary Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the prevalence of throat cancer in Samburu County. In the Statement, the Committee should:

Sen. Shakila Abdalla. Please proceed.

Thank you, Mr. Temporary Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget concerning customs regulations and taxation clearance procedures for travellers returning to Kenya through the Jomo Kenyatta International Airport (JKIA) . In the Statement, the Committee should:

Sen. (Dr.) Lelegwe, please proceed to read your Statement.

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads and Transportation regarding the deplorable state of Kisima Airstrip in Samburu County. In the Statement, the Committee should:

Next is Sen. Cherarkey.

Thank you, Mr. Temporary Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on the harassment and brutality by police officers on business persons Peter Kiplimo and Irene Chemutai at Cheptulu police station in Hamisi Constituency, Vihiga County. In the Statement, the Committee should:

Hon. Members, lastly, we go to Statements pursuant to Standing Order No. 53 (1) . Sen. Omogeni, please proceed.

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health on the acute shortage of anti-tuberculosis drugs countrywide. In the Statement, the Committee should:

Sen. Omogeni, I believe you desire to comment. Once we are done with Statements, I will give you an opportunity for general comments on all the Statements, which have been read this afternoon.

Thank you, Mr. Temporary Speaker, Sir.

Lastly, Statements pursuant to Standing Order No.57 (1) . The Senate Majority Leader, please proceed.

Mr. Temporary Speaker, Sir, pursuant to Standing Order No. 57 (1) , I thank you for giving me this opportunity to present the business for the Senate for the week commencing Tuesday, 28th November,

Hon. Members, the Statement hour is still available. We have consumed 25 minutes thereabouts. I know a number of Members would like to ventilate and comment on the Statements, which have already been tabled. For housekeeping, we have got probably 35 minutes to comment. I will allow Members to ventilate within the 30 minutes available. Let us minimise comments to a maximum of three minutes. From m…

Mr. Temporary Speaker, Sir, I would like to comment on Sen. Cherarkey’s Statement. I am very surprised that there is police brutality in his region yet it is a Kenya Kwanza region. I thought police brutality only happens at Azimio regions.

[(Laughter)]

He was just coming from fetching water with donkeys, and some bullets hit him. Those issues have never been addressed. Through this Statement, it is high time we called the police department to order that there be a way of operation in accordance with the Constitution that no Kenyan should go through any police brutality, but be given a due process in the event you are suspected to have committed…

Proceed, Sen. Kisang.

Thank you, Mr. Temporary Speaker, Sir. I rise to make comments on the reports tabled by the Chair of County Public Investments and Special Funds Committee (CPICSF) . We want to thank Senate, in its own wisdom, when the 11th Parliament came up with the CPICSF Committee. This is because in the last two Senates, the 11th Parliament and the 12th Parliament, CPAIC focused mainly on the executive audit…

independent from the county not knowing that the governors are the CEOs and they are the ones in charge of these water companies. At least we were able to help some of the counties to even dissolve boards, re- advertise and employ board of directors for the water companies and run them professionally because in the past they were not run professionally. We want to bring to the attention of the H…

Hon. Senator, your time is up. Proceed, Sen. Osotsi.

Thank you, Mr. Speaker Temporary, Sir, for this opportunity. Let me comment on the Statement by Sen. Cherarkey regarding the police brutality on two people that is Peter Kiplimo and Irene Chemtai. This police station called Cheptulu Police Station is situated in Vihiga County and these particular two individuals come from Nandi County. However, this police station is one of those police stations …

going to table in the next few days. However, I want to say as the Chair of CPICSF that the issues noted in those reports---

Thank you very much, Mr. Temporary Speaker, Sir. I want to comment on the issues that will be brought to my Committee. Remember I am the Chairman for the Committee on Roads, Transportation and Housing. As we have been doing as a Committee, we will scrutinize the issue of Bunge Tower. If we need to invite the Permanent Secretary (PS) before the Committee, we are going to do so. This is because we …

Thank you. Proceed, Sen. Oketch Gicheru.

Mr. Temporary Speaker, Sir, I wish to very quickly comment about the Statement by Sen. Cherarkey and also put some thoughts on the Statement by the Chair of my CPICSF Committee, Sen. Osotsi. Mr. Temporary Speaker, Sir, to start with; what happened in the police station that Sen. Cherarkey has cited should not have taken place. Our country should do away with police brutality, manipulation, extort…

What is your point of order, Sen. Cherarkey.

Order Sen. Oketch Gicheru!

On a point of order, Mr. Temporary Speaker, Sir, I rise under Standing Order No.98 and No.105. Today, I look like an altar boy. The Senator should be responsible for statement of facts. The allusion that I support police brutality is wrong. I was the Chairperson of the Senate Standing Committee on Justice and Legal Affairs (JLAC) in the last Parliament and I tabled a report on enforcement of disap…

[(Laughter)]

The presence in the Public Gallery this afternoon of a visiting delegation of one lecturer and 16 students from Elgon View

Vocational and Training College, Migori Campus in Migori County. The delegation is in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish a fruitful visit. I thank you. The Senator for Migori County has just walked into the Chamb…

Thank you, Mr. Speaker, Sir. I was looking forward to this moment because I was with the youngsters as they were being screened into the premises of Parliament. It is a privilege to welcome them to this House. This is the House where we debate many laws that affect you and mostly how our counties are run, how they get resources and how they can be better. I hope you will learn from the Members of…

Thank you very much, Sen. Oketch Gicheru. Clerk, call the next Order.

This is your Bill, Sen. Cherarkey, so, please, proceed to reply because the debate on this Bill has concluded.

Thank you, Mr. Temporary Speaker, Sir. From the onset, I thank you and your office, and many Senators who have contributed to the Prevention of Livestock and Produce Theft Bill 2023. I am grateful to your office for the facilitation and the Senate Business Committee (SBC) for scheduling my Bill. Before I reply, I would like to make a few comments. Allow me to recognize several colleague Senators,…

Second, is the issue of compensation for the animals. In the last three years, we had a devastating drought. We need also to compensate owners. We must have animal or livestock insurance coverage. One interesting thing about animals is that it is not like having money in the bank. If you have 100 cows in some part of this country, bandits will strike, and you become poor. You cannot even afford a …

Another aspect that came out is on sensitization of the people about the sad side effects of cattle rustling and banditry that has affected many families. In 2022 alone we lost 279 Kenyans. This was the number released by the Kenya National Bureau of Statistics. It was a light moment when one of the colleagues in this House said that we need to relook at the dowry negotiations because when you wa…

Therefore, it is not the intention of the law to convict every Kenyan. I know the police are doing a police operation order to restore sanity in Elgeyo-Marakwet, Baringo, Moyale, and Marsabit Counties among other areas. The fourth point is on the issue of admissibility. Let me collapse it into two. We need the Maraga Report. You heard what the Deputy President, Hon. Gachagua, said yesterday. I wa…

Sen. Cherarkey, your request to defer putting of the question is accepted, and it will be put in the next sitting of the House. Clerk, you may call the next Order.

[(Putting of the Question on the Bill deferred)]

Hon. Senators, before I call upon Senators to contribute, I have received Communication with regard to a visiting delegation of students from Zetech University, Ruiru Campus in Kiambu County.

[(Interruption of debate on Bill)]

Madam Temporary Speaker, I beg to move pursuant to the provisions of Standing Order No 223 - THAT, the Senate adopts the Report of the Ad-Hoc Committee to investigate the proliferation of religious organisations and circumstances leading to more than 95 deaths in Shakahola, Kilifi County, laid on the Table of the Senate on Thursday, 19th October, 2023. Hon. Members will recall that in a Senate si…

Sen. Mungatana, you will have a balance of 25 minutes to finish moving the Motion.