Senate · Afternoon Sitting

Clerk, kindly, ascertain whether we have quorum?

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

I request the Quorum Bell to be rung for five minutes.

[(The Quorum Bell was rung)]

I have now ascertained that we have quorum, so read out the first Order.

Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Thursday 25th May, 2023.

Thank you, Senate Majority Leader. Let us proceed to the next Order.

Thank you, Mr. Deputy Speaker, Sir. I rise, pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Health on the circumstances that led to the death of Wakili Wachira J.M. at Murang’a Level Four Hospital In the Statement, the Committee should -

Let us have the next Statement by Nominated Senator, Sen. Hamida Kibwana. She has four Statements.

Thank you, Mr. Deputy Speaker, Sir. I rise, pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding early release of inmates convicted of minor offenses. In the Statement, the Committee should -

Before I give a few Members to make their comments, let me make this Communication.

[(Interruption of debate on Statements)]

Thank you, Mr. Deputy Speaker, Sir. Allow me to---

[(Sen. (Dr.) Khalwale spoke off the Record)]

Sen. (Dr.) Khalwale, please, the visitors will be welcome uninterrupted.

Thank you, Mr. Deputy Speaker, Sir, for this moment to welcome the student and teaches from Baringo County. I take this opportunity to thank the school for visiting this House. The students before us today are the leaders of tomorrow. All the Senators present here, at some point, were primarily students. They went to secondary school and university and finally, became leaders of this country. I …

Thank you, Chairman of the Committee on National Security, Defence and Foreign Relations.

Proceed, Senator for Nairobi City County, Sen. Sifuna.

Sen. Cheptumo, proceed.

Mr. Deputy Speaker, Sir, I thank Sen. Kibwana for requesting a Statement on the closure of Kabarnet School for the deaf. Last week, I had a chance to reach out to the Cabinet Secretary in charge of education. The Member of Parliament for Baringo Central did the same too. We were given assurance that the school will be reopened and that Government will facilitate the provision of food and other am…

Let us get the Statement by Sen. Korir.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order 53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism on non-compliance with standard weights and measures in tea marketing affecting smallholder farmers. In the Statement, the Committee should –

Thank you, we will have the Senator for Kisii, Sen. Onyonka present his Statements.

Let us get the Statement by Sen. Korir.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order 53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism on non-compliance with standard weights and measures in tea marketing affecting smallholder farmers. In the Statement, the Committee should –

Thank you, we will have the Senator for Kisii, Sen. Onyonka present his Statements.

Thank you, Mr. Deputy Speaker for giving me this opportunity. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Health regarding the operational status of Kisii Teaching and Referral Hospital. In the Statement, the Committee should –

Sen. Ogola, proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Statement raised by Sen. Kibwana regarding the early release of inmates convicted of minor offences. As a treasurer of the Kenya Women Senators Association (KEWOSA) , I thank our male Senators for contributing and not forgetting our clerks. On the issue of the School in Kabarnet, if that school is closed, where do you think those children …

i) State when this decision for the relocation of the GoK prisons to Ndhiwa was arrived at disclosing the parties who were involved. ii) State when public participation with the residents of Ndhiwa community and stakeholders was conducted, tabling evidence of the consultations, who was involved in the consultations and the basis for the resolutions that were made. iii) State the considerations th…

must rise to the occasion and ensure that contracts entered into protect the marketing, the sale and ring-fence crops such as tea.

Since you are a Professor, let me give you one minute.

[(Laughter)]

Sen. Shakila Abdallah, you may proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Statement by Sen. Ogola on the issue of relocating the prison. We have just been having a discussion on prisons whereby the Government has no capacity to expand the existing prisons. I really wonder how they do have the capacity to relocate an existing prison to a new location. Consultation is key. If the people or the community is not con…

[(Laughter)]

Thank you, Mr. Speaker, Sir. We know that the advent of AFFA repealed several statutes that administer many crops. Since the board of AFFA deals with every crop in this country, it is crucial to every Senator from an agricultural area. Given that agriculture is a devolved function under Schedule Four of the Constitution, we as the Senate should ensure that we ring-fence the administration of AFFA…

attention of Members that the Senate Standing Committee on Health had prioritized visiting that area, but that was postponed. On the issue of the Nduru Hospital, I would like to bring to your attention that hospital has been closed for a while now. Initially, the health officials who are working there were withdrawn after some skirmishes arose, which was because of the transfer of medical equipme…

Let us have the three Statements from Sen. (Dr) Murango.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Statement by the Senator of Kisii County, Sen. Onyonka. I would like to bring to the

attention of Members that the Senate Standing Committee on Health had prioritized visiting that area, but that was postponed. On the issue of the Nduru Hospital, I would like to bring to your attention that hospital has been closed for a while now. Initially, the health officials who are working there were withdrawn after some skirmishes arose, which was because of the transfer of medical equipme…

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Education on the establishment of a public teacher training college in Kirinyaga County. In the Statement, the Committee should-

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement on Standing Committee on Health regarding the amputation of Baby Ridhwan Yasir Noor’s finger at Kerugoya County Referral Hospital in a suspected case of medical negligence. In the Statement, the Committee should-

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Education on the establishment of a public teacher training college in Kirinyaga County. In the Statement, the Committee should-

Thank you. Sen. Ogola, I did not cut you short, but you know we had already done with the Statements by Sen. Onyonka. Now, we are on the Statements by Sen. (Dr.) Murango. Let us have Sen. Methu as the last person contributing to the Statements.

Thank you, Mr Deputy Speaker, Sir. I also rise to comment on the three Statements that have been sought by the Senator for Kirinyaga. I will start with the sad Statement he is seeking about Baby Ridhwan Yasir Noor’s finger. It is very sad. The Standing Committee on Health must pronounce itself on these occurrences in our health facilities. It is not fair that every time a Senator comes here seeki…

[(Sen. Methu’s microphone was switched off)]

management at this hospital. I have seen the Governor of Kisii at some point go to the hospital and purport to close the mortuary and send away staff. In management, there is something called division of labour where workers have duties that they perform. Leadership does not just call for chest thumping and showing who you are. What will this country be if the Head of State were to walk to Kenya…

Thank you. Sen. Ogola, I did not cut you short, but you know we had already done with the Statements by Sen. Onyonka. Now, we are on the Statements by Sen. (Dr.) Murango. Let us have Sen. Methu as the last person contributing to the Statements.

Mr. Deputy Speaker, Sir, medical negligence is on the increase. Therefore, Kerugoya County Referral Hospital should be investigated. As a Member of the Committee on Health, I promise to champion that. I thank you.

Bw. Naibu Spika, nachukua fursa hii kukushukuru kwa kunipa nafasi hii ili niweze kuchangia Taarifa iliyoletwa na Sen. (Dr.) Murango kuhusu mtoto ambaye vidole vyake vilikatwa katika Hospitali ya Referral ya Kerugoya. Inakuwaje mtoto ambaye anaugua ugonjwa wa pumu kukatwa vidole na madaktari wa hospitali hiyo? Tumeelezwa kwamba madakatari hawajapeana ripoti kwa familia ya mtoto huyo. Ni uchungu sa…

[(Sen. Tabitha Mutinda’s microphone was switched off)]

Hospitali ya kufanya uchunguzi inaitwa hospitali ya rufaa. Referral ni rufaa. Next is the Statement pursuant to Standing Order No.57 (1) by the Senate Majority Leader.

Mr. Deputy Speaker, Sir, pursuant to Standing Order No.57 (1) , I hereby present to the Senate the business of the House for the week commencing 30th May, 2023, being a Tuesday. Mr. Deputy Speaker, Sir, before I proceed, let me take this opportunity to welcome hon. Senators back from the short recess. We look forward to a fruitful Session over the next few weeks, until the next recess which is sc…

Sen. (Dr.) Oburu, have a seat so that I can give some directions then you can proceed. Hon. Senators, I wish to reorganise the business pending for today. The business appearing under Order Nos.8, 9, 10 and 11 are deferred. So, we now go to the business under Order No.12. Clerk, read out the order.

Hospitali ya kufanya uchunguzi inaitwa hospitali ya rufaa. Referral ni rufaa. Next is the Statement pursuant to Standing Order No.57 (1) by the Senate Majority Leader.

Mr. Deputy Speaker, Sir, pursuant to Standing Order No.57 (1) , I hereby present to the Senate the business of the House for the week commencing 30th May, 2023, being a Tuesday. Mr. Deputy Speaker, Sir, before I proceed, let me take this opportunity to welcome hon. Senators back from the short recess. We look forward to a fruitful Session over the next few weeks, until the next recess which is sc…

Sen. (Dr.) Oburu, have a seat so that I can give some directions then you can proceed. Hon. Senators, I wish to reorganise the business pending for today. The business appearing under Order Nos.8, 9, 10 and 11 are deferred. So, we now go to the business under Order No.12. Clerk, read out the order.

Hon. Senators, the last time this debate was interrupted. Sen. Kibwana had a balance of 15 minutes. Are you ready to execute the 18 minutes or you were done?

sustainability. Looking at the Millennium Development Goals (MDGs) and Sustainable Development Goals (SDGs), we should look for a way of subsidising production over consumption. That should be the real motivation going into the future. Cotton is a crop that can be grown in various parts of the country and it should be given the necessary attention. I am happy that the Senate has prepared a raft o…

[[The Deputy Speaker (Sen. Kathuri) left the chair] [The Temporary Speaker (Sen. Mumma) in the chair]]

Thank you, Mr. Deputy Speaker, Sir. Yesterday when we wanted to contribute, time had run out. I also welcome the students who are in the Public Gallery. I hope they are following the debate keenly and learning a lot. Mr. Deputy Speaker, Sir, the Cotton Industry Development Bill, 2023 is a very important Bill. We are looking at developing the capacity of farmers. In my County, 80 to 90 per cent of…

sustainability. Looking at the Millennium Development Goals (MDGs) and Sustainable Development Goals (SDGs), we should look for a way of subsidising production over consumption. That should be the real motivation going into the future. Cotton is a crop that can be grown in various parts of the country and it should be given the necessary attention. I am happy that the Senate has prepared a raft o…

[[The Deputy Speaker (Sen. Kathuri) left the chair] [The Temporary Speaker (Sen. Mumma) in the chair]]

Clerk, can you confirm that. It has been reported to me that we do not have quorum. I wish to order that the Quorum Bell be rung for 10 minutes.

Sen. Okiya Omtatah, what is your point of order? You may have the Floor.

I rise on a point of order under Standing Order No. 39 on the quorum of the Senate. Do we have quorum to conduct business?

Clerk, can you confirm that. It has been reported to me that we do not have quorum. I wish to order that the Quorum Bell be rung for 10 minutes.

Thank you, Madam Temporary Speaker. It is important. These are House procedures---

[(Loud consultations)]

Hon. Senators, please sit in silence.

Our students should learn about the issue of quorum. According to Standing Order No. 39, we should have a minimum of 15 Senators in the House to allow business of the House to proceed. I was raising the issue of Clause 23 (1) (d) , on the role of county governments. It states- “Regulate the cutting or destruction of cotton in order to conserve and protect the resources devoted to the cotton indu…

It is not a security issue that people might want to go and uproot cotton from somewhere in Busia, Homabay or Mombasa. It is just like any other crop thus the practicability on the importation of the law will be simple. How many farms can the police walk into when we are doing badly? It is one police officer against more than 3,000 people. In fact, we are not meeting the threshold of the United N…

other night, I saw some hawkers selling shoes to Sen. Sifuna at night. I do not want to imagine Sen. Sifuna is not only active at night. I hope that he is also active during the day. Madam Temporary Speaker, I had only five points to the aspect of revocation of license. My proposal is, it should be easy to give you the license, but hard to revoke it. That should be easier so that you protect the …

Madam Temporary Speaker, I did not know it is my school. Meteitei Boys High School is one of the best schools in Nandi County, of course, after the great Kapsabet Boys where I went. The second and fifth Presidents are my alma mater in Kapsabet Boys. Meteitei Boys High School is one of our best schools. I am happy they came in when I was contributing. They do not doubt the capacity of their Senator…

Hon. Senators, pursuant to Standing Order No. 41, there being no quorum, the Senate stands adjourned until Tuesday, 30th May, 2023 at 2.30 p.m. The Senate rose at 5.35 p.m.