Senate · Afternoon Sitting

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

[(The quorum bell was rung)]

Hon. Senators, we do have quorum now, kindly take your seats. Clerk, you may proceed to call the first Order.

Hon. Senators, I would like to acknowledge the presence in the Speaker's Gallery this afternoon of a visiting delegation from the County Assembly of Makueni, comprising Members of the Committee on County Public Investment and Special Funds Account and its secretariat. The delegation is undertaking a benchmarking visit in the Senate. I request each member of the delegation to stand when called out…

Bw. Spika, mwisho, ningependa kuwaambia hawa ndugu zetu ambao wametoka Bara nzima la Afrika, karibuni sana katika Bunge letu la Seneti. Najua mkifika nyumbani, mtawajulisha ndugu zetu vile mmeona kazi ikiendelea katika Seneti ya Kenya. Karibuni Kenya, ni nchi iko huru. Mnaweza kuzunguka mpaka saa kumi au saa tisa. Kuna mahali kwingi pa kwenda hapa Nairobi. Nairobi ni kwenu. Jisikieni kabisa kwamb…

Sen. Bonny, proceed. Hon. Senators, keep it under one minute.

Thank you, Mr. Speaker, Sir, for this opportunity. I would like to request the delegation from Makueni County to go and deliver our greetings to the Governor of Makueni who has been our colleague in this House for a long time. Do remind him that the high standards he left are still being maintained by Sen. Maanzo. Makueni is a unique place in Parliament because that is the place where we had Sen.…

Mr. Speaker, Sir, I join you and the House to welcome the delegation from the Africa Parliamentarians Network on Climate Change (APNCC) as well as the delegation from Makueni. Allow me also to take this opportunity to wish you a happy birthday.

[(Applause)]

[(Laughter)]

Yesterday, the President of the Republic of Kenya, His Excellency William Ruto, was hosting African Heads of State in New York, in his capacity as the Chairperson of the Heads of State Climate Change Committee. Kenya has always provided leadership on climate change matters. I know at the right time, you will allow me to make a substantive statement on the reason why the MPs are here. Mr. Speaker…

Sen. Maanzo, proceed.

Thank you, Mr. Speaker, Sir. I take the opportunity to welcome the delegation from Makueni County Assembly and also MPs from various countries of Africa. I welcome and wish them well in Kenya. We are doing very well when it comes to matters dealing with climate change. I am sure you will learn a lot more during your stay here. I have been to quite a number of their countries, such as the Congo, w…

Thank you, Mr. Speaker, Sir. I also take the opportunity to welcome our own Makueni Members of County Assembly (MCAs) . I congratulate and urge them to continue doing the good job that they are doing. Ensure you play the mandate given to you by the people of Makueni so that you do not give a hard job to the Senator for Makueni. Ensure also that the Governor uses money allocated by this House for…

Thank you, Mr. Speaker, Sir. I also want to start by wishing you a happy birthday. I also do not remember mine, but it is on a very special day. I was born on Valentine's Day of 1991. I welcome the MCAs and staff from Makueni County Assembly.

I also very quickly welcome the MPs from the 12 nations that are in the Speaker's Gallery. Allow me to reiterate the position that I have mentioned in the past and has been mentioned by the Chair of the caucus, that, parliaments are major players in the space of climate change because the work of preparing budgetary allocations and budget is always a preserve of parliaments in almost all our democ…

The Senate Majority Leader?

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 26th September, 2024- These are the Reports of the Auditor General on the financial statements of the following hospitals for the year ended June 2023- Report of the Auditor General on Financial Statements of Marsabit Level 5 Referral Hospital - County Government of Marsabit for the year ended 30th Ju…

Report of the Auditor General on Financial Statements of Othoro Level 4 Hospital - County Government of Homa Bay for the year ended 30th June, 2023. Report of the Auditor General on Financial Statements of Rachuonyo County Hospital - County Government of Homa Bay for the year ended 30th June, 2023. Report of the Auditor General on Financial Statements of Rangwe Level 4 Hospital - County Governme…

Chairperson of the Standing Committee on Finance and Budget, proceed to lay your report.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 26th September 2024- Report of the Joint Sitting of the National Assembly Departmental Committee on Finance and National Planning and the Senate Standing Committee on Finance and Budget on the approval hearing for Mr. David Kibet Kimei, nominee for the appointment to the position of Director General (DG…

[(Sen. Ali Roba laid the document on the Table)]

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT the Senate adopts the report of the Joint Sitting of the National Assembly Departmental Committee on Finance and National Planning and the Senate Standing Committee on Finance and Budget on the approval hearing of Mr. David Kibet Kemei, nominee for the appointment for the position of Director General of the Competition Authority …

Let us go to the next Order. Hon. Senators, these are Statements pursuant to Standing Order No.52 (1) . Proceed, Sen. M. Kajwang’.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a statement on an issue of general topical concern regarding the pivotal role of parliaments in implementing both international and national climate change commitments in Africa. Between the 1st and 5th September, 2024, the National Assembly of Cote d'Ivoire, in partnership with the African Group of Negotiators for Expert Suppo…

This requires us to be proactive in monitoring the policies and programmes put in place to mitigate and adapt to the impacts of climate change and ensure that they are effective and equitable and that they benefit the most vulnerable in our societies. Furthermore, parliament must lead in the legislative process by enacting strong climate laws that establish clear frameworks for action, allocate a…

also very pleased to see our President lead the African heads of State in New York in his capacity as a Chairperson of the relevant committee. As we look ahead to COP29 in Azerbaijan, Baku, and other upcoming international negotiations, the Abidjan Declaration provides a clear message that Africa must be bold and assertive in advocating for its climate priorities. One of the key messages to the …

You may proceed to the table. Statements pursuant to Standing Order No.53 (1) . Hon. Sen.Tabitha Keroche.

[(Sen. M. Kajwang’ laid the document on the Table)]

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Land, Environment and National Resources regarding the status of compensation for the victims of the Mai Mahiu Flood Tragedy. In the statement, the committee should-

Proceed, Sen. (Dr.) Khalwale.

Thank you, Mr. Speaker, Sir. I rise Pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on health regarding the medical negligence at Vihiga County Referral Hospital. In the statement, the committee should:

Proceed, Sen. Mumma.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to request a statement from the Standing Committee on Justice Legal Affairs and Human Rights (JLAHR) regarding the urgent and concerning issue of the criminalization and re-victimization of survivors of Female Genital Mutilation (FGM) , including minors. In the statement, the committee should:

Sen. Faki, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53

Sen. Wafula, proceed. Those two Statements are dropped.

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 concerning the implementation of the County Aggregation and Industrial Parks (CAIPs) project across the counties. The National Government, through the Ministry of Investment Trade and Industries in partnership with the county governments, private sector partners, development partners and the United Nation Industrial Development Organization (UNIDO), entered into partne…

[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Mumma) in the Chair]]

Sen. Cherarkey, proceed.

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the reduction of tea bonuses in certain regions in Kenya such as Nandi, Kericho, Bomet, Nyamira, Kisii, Trans Nzoia, Bomet, among other counties. In the statement, the committee should-

Sen. Orwoba, proceed.

Madam Temporary Speaker, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Labour and Social Welfare regarding the provision of conducive and easily accessible lactating rooms for breastfeeding mothers in workplaces in Kenya. In the statement, the committee should:

Hon. Senators, we will now open up for Senators to comment on the statements. My apologies, we will move on to the next set of statements pursuant to Standing Order 56 (1) . The Chairperson Standing Committee on Finance and Budget.

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No.56 (1) (a) of the Standing Orders of the Senate to make a statement on the realization of Article 204 of the Constitution and the Status of the Equalization Fund. As you are aware, the Equalisation Fund is established under Article 204 (1) of the Constitution, which requires that 0.5 per cent of all the revenue collected by …

The Fund faced further litigation in 2023, when conservatory orders were issued by the High Court of Kenya at Garissa, restraining the Commission on Revenue Allocation (CRA) from implementing the second marginalization policy. This is due to concerns being raised on lack of public participation and the naming of some beneficiary wards in Wajir County. This matter was eventually settled. Another c…

It is disappointing to note that these arrears have since been removed in the Supplementary Estimates I for financial year 2024/2025 and the current proposed allocation to the fund stands at Kshs8 billion. Madam Temporary Speaker, even the Equalisation Fund Appropriation (No.2) Bill, 2023, currently before this House, has faced a similar fate with a reduction of Ksh790 million from the Kshs2.5 bi…

We proceed to statements pursuant to Standing Order No.56 (1) (b) . The Chairperson of the Standing Committee on Information, Communication, and Technology.

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a statement relating to the activities of the Standing Committee on Information Communication and Technology for the period commencing April to August, 2024. During the period under review, the committee held a total of 20 sittings, during which it considered seven statements …

The Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights, proceed.

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a statement relating to the activities of the Standing Committee on Justice Legal Affairs and Human Rights for the period April to August 2024. During the period under reference, the committee held 31 sittings at which it considered various legislative proposals, Bills, statem…

The Chairperson Standing Committee on Labour and Social Welfare?

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a statement relating to the activities of the Standing Committee on Labour and Social Welfare for the period between April to August, 2024. During the period under review, the committee held a total of 41 sittings during which it considered four legislative proposals, 48 state…

Human Resource matters in the counties; pension payment of terminal dues, unremitted statutory deductions for former councilors; Kenya Railways Corporation Limited; former Kenya Cooperative Creameries Limited workers; county government workers and other institutions; management and development of sports talent in the counties; management of football in the country and labour relations. In conclus…

Thank you, Madam Temporary Speaker. I congratulate Sen. Mariam Omar for what she has done. However, I want to bring to her attention that there is the Cooperatives Bill, 2024, being debated in the National Assembly, which is a much older Bill because it was there in 2021. This time round it is published by hon. Ichungwa. Those days it had been published by the then Leader of Majority. It lapsed be…

with tea in the country. We need solutions, especially where the farmers are organized in cooperatives. I am pleading with Sen. Mariam Omar to liaise with hon. Ichungwa. I believe she will reply today. After she replies, a question will be put and we will go to Third Reading. During the Third Reading, she should have a meeting with hon. Ichungwa so that we can put our heads together. This will ma…

with tea in the country. We need solutions, especially where the farmers are organized in cooperatives. I am pleading with Sen. Mariam Omar to liaise with hon. Ichungwa. I believe she will reply today. After she replies, a question will be put and we will go to Third Reading. During the Third Reading, she should have a meeting with hon. Ichungwa so that we can put our heads together. This will ma…

There is no more requests, so I call on the mover to reply.

Thank you, Madam Temporary Speaker. I appreciate the six Senators that have contributed to this Bill. Cooperative societies are where the economic sector of Kenya lies. When I came up with this Bill, I realized the Bill is outdated and there is a scam in this sector. The last Bill is the Cooperative Society Act No.12 of 1997 and it needs amendments. Therefore, the purpose of the Bill is to amend …

It is so deferred. Next Order. Yes, Sen. Cheptumo.

[(Putting of Question on Bill deferred)]

In addition, there are land boundary disputes, boundary expansion, competition for livestock, pasture, and water which make the raids to continue. Political incitement, facilitation of bandits, ethnic mistrust and hatred are major factors contributing to the ongoing insecurity. Madam Temporary Speaker, there are many reasons for this menace and it keeps on becoming complicated from time to time. …

That the Minister of Interior and National Administration fully ensures that there are community policing initiatives in order to ensure community preparation in security matters in the affected region is implemented. Madam Temporary Speaker, while there is no avenue for compensation for the lost livestock because of insecurity, we recommend that the Director of Criminal Investigation (DCI) carri…

That the Minister of Interior and National Administration fully ensures that there are community policing initiatives in order to ensure community preparation in security matters in the affected region is implemented. Madam Temporary Speaker, while there is no avenue for compensation for the lost livestock because of insecurity, we recommend that the Director of Criminal Investigation (DCI) carri…

Proceed Sen. Nyamu.

Proceed, Sen. Mariam.

Proceed, Sen. Mariam.

Thank you, Madam Temporary Speaker, for giving me this opportunity. I stand to add my voice on the issue of insecurity in Turkana County. Insecurity is not only in Turkana County but generally in northern Kenya. I realised that insecurity arises because of poverty. We are marginalised because of Sessional Paper No.10 of 1963. Now our roads are impassable. That is why people take advantage of inse…

I now call upon the Mover of the Motion to reply because no other Senator is contributing. Sen. Cheptumo, you have the Floor.

Madam Temporary Speaker, I hope you will allow me that pursuant to Standing Order No.66 (3), putting of the question be deferred to another date so that Members can have a moment to ventilate. Many Members have been asking me when I was going to move the Motion. The insecurity issues in this country are a big issue. It will be good that Members of this House can have time to contribute.

Madam Temporary Speaker, I hope you will allow me that pursuant to Standing Order No.66 (3), putting of the question be deferred to another date so that Members can have a moment to ventilate. Many Members have been asking me when I was going to move the Motion. The insecurity issues in this country are a big issue. It will be good that Members of this House can have time to contribute.

It is so deferred. Hon. Members, I also wish to defer the remainder of the Orders on the Order Paper up to Order No.35.

[(Putting of the Question on Motion deferred)]

CONCERNED THAT, despite these efforts, school fees remain unaffordable for many parents and the allocation of bursaries has been plagued by nepotism, favoritism, and political manipulation, lack of transparency and accountability; FURTHER CONCERNED THAT public learning institutions are primarily funded by the Government through the Ministry of Education, and in the financial year 2024/25, approxim…

counties paying teachers in such facilities below the gazetted minimum wage; FURTHER CONCERNED THAT, the Report by the Office of the Controller of Budget on County Governments Budget Implementation Review for the first six months of Financial Year (FY) 2023/24 indicate that allocation to the Education Sector in all the forty-seven (47) counties range between 0.7 percent to 10.3 percent of their to…

Hon. Senators, there being no other Business on the Order Paper, the Senate stands adjourned until Tuesday, 1st October 2024 at 2.30 p.m. The House adjourned at 5.55 p.m.