Senate · Afternoon Sitting

Clerk, do we have a quorum? Serjeant-at-Arms, kindly, ring the Quorum Bell for 10 minutes.

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

[(The Quorum Bell was rung)]

Hon. Senators, kindly take your seats. Commissioner Kinyua, you can hold your meeting after this session. Senate Majority Leader, kindly take your seat. Now, that we have a quorum, we will start our business. Clerk, proceed to call out the first Order.

[(Sen. Kinyua consulted with Sen. Cheruiyot and Sen. Cherarkey)]

[(Several Senators entered the Chamber)]

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Thursday, 25th April, 2024- Sessional Paper No.3 of 2023 on the Kenya Policy on Public Participation.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Thursday, 25th April, 2024- Report of the Auditor-General on Financial Statements of Tana River County Climate Change Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Lamu Water and Sewerage Company Limited for the year ended 30th June, 2023. Report of the Audi…

[(Sen. Cheruiyot laid the documents on the Table)]

The next one is by the Chairperson of the Committee on Finance and Budget. Sen. (Dr.) Khalwale, you may proceed to lay the Paper.

Sorry, Mr. Speaker, Sir. I was consulting when you mentioned my name. It was not being disrespectful. I beg to lay the following Paper on the Table of the Senate, today, Thursday, 25th April, 2024- Report of the Standing Committee on Finance and Budget on its consideration of the Division of Revenue Bill (National Assembly Bills No.14 of 2024) .

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

Let us go to the next Order. Statement pursuant to Standing Order No.53 (1) , Sen. Abdul Haji, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the state of healthcare services at the Garissa County Referral Hospital. In the statement, the committee should-

Yes, Senator, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and

Intergovernmental Relations regarding the state of operations in the office of the County Chief Officers in Garissa County. In the statement, the committee should-

Sen. Cherarkey, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the state of Mombasa Road and the Nairobi Expressway. In the statement, the committee should-

We will proceed to the Statement pursuant to Standing Order No.57 (1) . Senate Majority Leader, you have the Floor.

Mr. Speaker, Sir, pursuant to Standing Order No.57 (1) , I hereby present the business of the Senate for the week commencing Tuesday, 30th April, 2024. By the close of business last week, 34 Bills were pending conclusion in the Senate. On Tuesday, 23rd April, 2024, five Bills underwent Division at the Second Reading stage. Two of the Bills are scheduled in the Order Paper for the Committee of the…

[(Loud consultations)]

Hon. Senators, may the Majority Leader be heard in silence. The Senate Majority Leader (Sen. Cheruiyot) : As hon. Senators are aware, Wednesday, 1st May, 2024 is a public holiday namely, Labour Day - a day to celebrate workers. Consequently, the SBC will not schedule any business for that day. As such, the tentative business for Thursday, 2nd May, 2024, will include The Conflict of Interest Bill…

Proceed, Sen. Olekina.

Proceed, Sen. Olekina.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget, on the status of all Senators, statutory deductions and remittances. In the statement, the committee should-

Sen. Abass, kindly take your seat.

We are scheduled to do Division. I will begin with the Sugar Bill (National Assembly Bills No. 34 of 2022). There was a clause that was not finalised yesterday, that is New Clause 19A. I am going to give Sen. Wamatinga an opportunity.

[(Loud consultations)]

Thank you very much, Madam Temporary Chairperson. Following the discussion that we had in the House, the proposals by the Committee of the New Clause 19A was amended to read in the subsection 2, and I read- “The grower who fulfills the provisions of subsection 1 shall notify the board of the intention to supply cane outside a sugar cane zone.” The rationale behind this is that the wisdom of the …

[(Sen. Veronica Maina)]

[(Loud consultations)]

You may now proceed, Sen. Wamatinga.

Thank you very much, Madam Temporary Chairperson. Indeed, I was trying to explain to Sen. Sifuna the importance of becoming a sugar cane farmer. I beg to move- THAT, the Bill be amended by inserting the following new clauses immediately after Clause 19— Exemption from cane supply restriction. 19A. (1) The Board may exempt a commercial cane grower from the restriction on supply of cane within a s…

[(Loud consultations)]

Thank you very much, Madam Temporary Chairperson. Following the discussion that we had in the House, the proposals by the Committee of the New Clause 19A was amended to read in the subsection 2, and I read- “The grower who fulfills the provisions of subsection 1 shall notify the board of the intention to supply cane outside a sugar cane zone.” The rationale behind this is that the wisdom of the Ho…

Can you now move that the New Clause 19A, be now read a second time?

by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Crystal Asige, Mombasa County; Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. Kavindu Muthama, Ma…

Division will be at the end. We are now proceeding to Division and we will begin with the Sugar Bill (National Assembly Bill No. 34 of 2022) . There is a chair who is in charge of the session. Serjeant-at-Arms, can you ring the Division Bell for three minutes?

[(Loud consultations)]

You may proceed to vote.

by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Crystal Asige, Mombasa County; Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. Kavindu Muthama, Ma…

County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wafula, Bungoma County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

The “Ayes” have it.

Thank you, Madam Temporary Chairperson. I beg to move that the Committee of the Whole do report to the Senate its consideration of the Sugar Bill, (National Assembly Bills No. 34 of 2023) , and its approval thereof with amendments. Thank you. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move that the Committee reports to the Senate its consideration of the County Boundaries, Bill (Senate Bills No.6 of 2023) and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

[[The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

Sen. Chute, Marsabit County; Sen. Crystal Asige, Mombasa County; Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Ki…

Seconder?

I request Sen. Cheruiyot to second

Mr. Temporary Speaker, Sir, I second.

[(Question Proposed)]

[[The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

Sergeant at arms, you can open the Doors and draw the Bars. Temporary Chairperson, please proceed and report.

[(The Doors were opened and Bars drawn)]

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Boundaries Bill (Senate Bills No.6 of 2023) and its approval thereof with amendments.

Mover?

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.

[(Question proposed)]

[(Question put and agreed to)]

Mover of the County Boundaries Bill (Senate Bills No.6 of 2023) ?

Mr. Temporary Speaker, Sir, I beg to move that the County Boundaries Bill (Senate Bills No.6 of 2023) be now read a Third time.

Seconder?

I request Sen. Cheruiyot to second

Mr. Temporary Speaker, Sir, I see the hot consultations. I do not have much to say, but to emphasize this stage in law-making. Yes, especially for the benefit of young Edwin Sifuna, my brother’s son. I want to laud Members of the National Assembly and of this House. The removal in the structure of governance of agriculture of the Sugar Board---

[(Sen. Sifuna spoke off record)]

Sen. (Dr.) Khalwale, can I guide you as you proceed? At this point, we cannot go into the merits or demerits of the Bill.

Chairperson?

allowed to come here with a cockerel from an old woman in Kakamega so that we can partake of the soup. Thank you, hon. Senators.

Division will be at the end. Serjeant-at-Arms, ring the Division Bell for two minutes.

[(The Division Bell was rung)]

[[The Temporary Speaker (Sen. Abdul Haji) left the Chair] [The Temporary Speaker (Sen. Veronica Maina) in the Chair]]

Mr. Temporary, Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Mover?

Mr. Temporary Speaker, Sir, I beg to move that the Sugar Bill (National Assembly Bills No. 34 of 2022) be now read a Third time. I request, Sen. Munyi Mundigi, to second.

Hon. Senators, the results of the Division are as follows-

Mr. Temporary Speaker, Sir, I see the hot consultations. I do not have much to say, but to emphasize this stage in law-making. Yes, especially for the benefit of young Edwin Sifuna, my brother’s son. I want to laud Members of the National Assembly and of this House. The removal in the structure of governance of agriculture of the Sugar Board---

[(Sen. Sifuna spoke off record)]

Sen. (Dr.) Khalwale, can I guide you as you proceed? At this point, we cannot go into the merits or demerits of the Bill.

I am just thanking Members. It has caused farmers a lot of pain. To return the Sugar Board, you have helped farmers in a manner that I can only be

allowed to come here with a cockerel from an old woman in Kakamega so that we can partake of the soup. Thank you, hon. Senators.

Mr. Temporary Speaker, Sir, I support your Statement on appointment of Chief Officers (COs) in Garissa County since August, 2022. Under the Constitution, a county government is complete after appointment of County Executive Committee Members (CECMs) and COs. It is unfortunate because under Section 148 of the Public Finance Management (PFM) Act, a CO is designated as an accounting officer. What is…

[[The Temporary Speaker (Sen. Abdul Haji) left the Chair] [The Temporary Speaker (Sen. Veronica Maina) in the Chair]]

only complete with CECMs, COs and directors in place. There are consequences of violation of Section 148 of the PFM Act. This is a serious Statement; it is not just an ordinary Statement. I would have expected the Committee on Justice, Legal Affairs and Human Rights and the Committee on Devolution and Intergovernmental Relations to immediately invite or summon the Governor of Garissa to explain t…

[(Loud consultations)]

Sen. Olekina, you have the Floor.

The issue of accountability is important. Article 179 of the Constitution defines the executive authority of the county, which is vested in the county executive committee consisting of the Governor, the Deputy Governor and the County Executive Committee Members (CECMs). Article 179(4) says that the governor is the Chief Executive Officer (CEO), and the deputy governor is the deputy CEO. Then you h…

road? These are things we need to understand so that when we ask questions, we can understand how to respond to our people. The floods are affecting many countries. Today, as I was sitting here, I was watching a clip of a gentleman from Tanzania who was arguing that there were no floods, yet you could see the floods next to him. He was saying in Swahili that in the case of mafuriko, if the water…

Mr. Temporary Speaker, Sir, I support your Statement on appointment of Chief Officers (COs) in Garissa County since August, 2022. Under the Constitution, a county government is complete after appointment of County Executive Committee Members (CECMs) and COs. It is unfortunate because under Section 148 of the Public Finance Management (PFM) Act, a CO is designated as an accounting officer. What is…

Proceed, Sen. Wambua.

[(Loud consultations)]

[(Applause)]

Mr. Temporary Speaker, Sir, I would like every Senator to listen to this with a lot of respect. I am speaking with a lot of authority as the Vice- Chairperson of County Public Accounts Committee (CPAC) . Under Article 225 of the Constitution, this House has power to even stop funds because who is the accounting officer of Garissa County Government as at now? There is no CO as provided in Section …

Sen. Olekina, you have the Floor.

Mr. Temporary Speaker, Sir, I rise to make some comments and support the Statement that you made in your capacity as the Senator for Garissa County.

The issue of accountability is important. Article 179 of the Constitution defines the executive authority of the county, which is vested in the county executive committee consisting of the Governor, the Deputy Governor and the County Executive Committee Members (CECMs). Article 179(4) says that the governor is the Chief Executive Officer (CEO), and the deputy governor is the deputy CEO. Then you h…

road? These are things we need to understand so that when we ask questions, we can understand how to respond to our people. The floods are affecting many countries. Today, as I was sitting here, I was watching a clip of a gentleman from Tanzania who was arguing that there were no floods, yet you could see the floods next to him. He was saying in Swahili that in the case of mafuriko, if the water…

Mr. Temporary Speaker, Sir, I beg to move: THAT, the Division of Revenue Bill (National Assembly Bill No.14 of 2024) , be now read a Second Time. Mr. Temporary Speaker, Sir, this is an extremely important Bill. One of the cardinal responsibilities of this House of Parliament is to participate very strongly in the division of revenue raised nationally, between the county and the national Governme…

Thank you, Mr. Temporary Speaker, Sir. I rise to support this Statement by the hon Senator for Garissa County. I wish I were rising to say something in defense of my former colleague, Governor Nathif Jama Adam. It is a sad situation and a serious embarrassment for our region to be told that the governor has not appointed chief officers and has acted in complete disregard of Section 45 of the Count…

Proceed, Sen. Wambua.

Thank you, Mr. Temporary Speaker, Sir. I have known the Senator for Garissa to be a very patient leader. I did not know that the patience would be as much as has been demonstrated today. The Senator for Garissa has persevered with the shame and the rot in the administration of the executive offices of the County Government of Garissa. Mr. Temporary Speaker, Sir, there is very little that anyone c…

[(Applause)]

Thank you, Mr. Temporary Speaker, Sir, for this opportunity to make my valid contributions on the Division of Revenue Bill, 2024. From the onset, I support it, but with amendments that the committee is proposing that the shareable revenue to the counties be Kshs415.9 billion. We cannot be seen to be going against our word. In this House, we passed the BPS and said we would like the share of the c…

Thank you very much, Mr. Temporary Speaker, Sir. I rise to comment on the two Statements by the Senator for Garissa who is now the Chair. On the matter of appointment of chief officers, I not only take it that the governor is lax in his duties, but also the County Assembly of Garissa should be called out for allowing such blatant defiance of the law by the governor. This is by approving the budge…

Mr. Temporary Speaker, Sir, I wish to submit and support the two statements. I thank you.

Thank you very much, Senators. Hon. Senators, we have exceeded the time for contribution to the Statements. I will have to stop it there and call the next Order. Proceed, the Senate Majority Leader.