Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-arms, kindly ring the Quorum Bell for 10 minutes. You may stop the Quorum Bell. I am informed that we now have the requisite quorum.

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

[(The Quorum Bell was rung)]

Hon. Phelister Meso - Vice Chairperson Hon. Edward Ziro - Member Hon. Mbura Ronald - Member Hon. Moris Hinzano - Member Hon. Oscar Wanje - Member Hon. Ray Katana - Member Hon. Rose Baraka - Member Hon. Patricia Sikuku - Member Hon. Haroun Tete - Member Hon. Theophilus Kalama - Member Hon. Lilian Vijenderwa - Member Ms. Sally Kadzo - Hansard Reporter Mr. Rashid Mbeto - Senior Legal Counsel Ms. Rehe…

[(Applause)]

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to the delegation. On behalf of the Senate and on my own behalf, I wish them a fruitful visit.

[(Applause)]

Mr. Speaker, Sir, thank you for according me this opportunity on behalf of the Senator for Kiambu County, Sen. Thang’wa. He is out on duty but just about to join us. I welcome the two delegations who are here, especially those from Kiambu County led by their Speaker, Hon. Charles Thiong’o. Hon. Thiong’o is one of the youngest Speakers in the Republic and he is heading one of the largest county as…

[(Loud consultations)]

Asante, Mheshimiwa Spika, kwa kunipa fursa hii kuwakaribisha wawakilishi Bunge la Kaunti za Kilifi na Kiambu.

Mheshimiwa Spika, wiki iliyokwisha, tulikuwa katika Kaunti ya Kilifi nilipomzindikiza Sen. Mdazayo, kuhutubia Bunge lile. Makaribisho waliotupatia wawakilishi Bunge wa County ya Assembly ya Kilifi yalikuwa murwa sana. Leo nimewakaribisha katika Kamati ya Delegated Legislation ambao ndio wamezuru. Kusema ukweli, ni Wabunge na maafisa ambao wako tayari kusoma kutoka Bunge letu. Mheshimiwa Spika, n…

Next Order.

Mr. Speaker, Sir, I beg to lay the following Papers on Table of the Senate today, 27th April, 2023, the year of our Lord- Report of the Auditor-General on the financial statement of the Municipality of Eldoret for the year ended 30th June, 2022. Report of the Auditor-General on the financial statement of the Municipality of Kathwana for the year ended 30th June, 2022. Report of the Auditor-Gene…

[(Members and Staff)]

Next Order. Hon. Senators, we have a supplementary Order Paper. I would like to assume and hope that you are in receipt of it. It is the Order Paper that we are going to use to transact business today. So, kindly, get a copy of the Supplementary Order Paper because that is what we are going to use in today’s proceedings.

Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion on formation of Ad Hoc Committee to investigate the proliferation of

religious organizations and the circumstances leading to the deaths of more than 95 people in Shakahola, in Kilifi County. AWARE THAT, under the Bill of Rights, the Constitution of Kenya grants every person the right to freedom of conscience, religion, thought, belief and opinion, and that every Kenyan has the right to manifest any religion or belief through worship, practice, teaching or observa…

Clerk, read the Next Order.

Let us have the Statement Pursuant to Standing Order 53 (1) by Sen. Faki.

Asante Mheshimiwa Spika. Nimesimama kwa mujibu wa Kanuni ya Kudumu ya 53 (1) , kuomba Kauli kutoka kwa Kamati ya Kudumu ya Barabara, Uchukuzi na Makao, kuhusu kusimama kwa ujenzi wa barabara ya mzunguko wa Barclays Mombasa hadi makutano ya Jomvu, barabara ya Magongo hadi makutano ya Jomvu na barabara ya makutano ya Jomvu hadi Standard Gauge Railway (SGR) , katika Kaunti ya Mombasa. Katika taarifa…

Sen. Mwaruma, proceed.

Asante, Mheshimiwa Spika, kwa fursa hii ambayo umenipatia ili nichangiae Kauli iliyoletwa na Seneta wa Kaunti ya Mombasa, Sen. Faki, kuhusu barabara ya Jomvu kuelekea SGR. Mheshimiwa Spika, naifahamu barabara hiyo. Ni kweli kuwa barabara hiyo iko vibaya sana. Barabara hiyo ni muhimu kwa sababu inasaidia wasafiri kutoka Magongo na Jomvu kuelekea SGR. Barabara hiyo naifahamu vizuri kwa sababu nime…

Sen. Cheptumo, proceed.

Thank you, Mr. Speaker, Sir. I rise to support this Statement. There are three institutions dealing with matters concerning roads in the country; the Kenya National Highways Authority (KENHA) , the Kenya Rural Roads Authority (KeRRA) and the Kenya Urban Roads Authority (KURA) . This is a timely Statement. We are aware there are very many incomplete roads in the country, today. In my view, this ar…

If you want to respond to attacks by the raiders in those areas, you will be unable to because the roads are in very poor condition and are inaccessible. There is also the issue of poor economic activities because of the road situation. So, the committee should go beyond the situation in Mombasa and come up with solutions in almost every county, particularly in my county of Baringo. In the recent…

We will move to the next Statement. Sen. Dullo, you have the Floor.

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 regarding the chronic delays in disbursement of the Exchequer to counties and reports of hacking of Integrated Financial Management and Information System (IFMIS) . In the Statement, the Committee should -

Sen Mandago, you have the Floor.

Thank you, Mr. Speaker, Sir. I rise in support of the Statement by Sen. Dullo on the alleged hacking of the IFMIS system. I have my reservation about whether the system is being hacked or being interfered with by the officers in the National Treasury. As you are aware, that system is entirely managed by the National Treasury and the national Government. County governments are users. Do not be s…

This interference of IFMIS is not something that just started yesterday. There has been serious interference with IFMIS. Also, IFMIS has been used to deny counties funds by making sure that periodically and when it is convenient, IFMIS is not working. Mr. Speaker, Sir, late payments have been made in IFMIS without any services for goods being rendered because of the interference and the absolute…

Sen. Osotsi, you have the Floor.

Mr. Speaker, Sir, I rise to support the Statement by Sen. Dullo and to say that the hacking of the IFMIS, if proven to be true, is a serious offense under the Computer Misuse and Cyber Crime Act. If these allegations are proven, then the people involved are liable for prosecution. I would request that since this matter is touching on both finance and Information and Communication Technology (ICT)…

adhered to the best practice of an Information Technology (IT) system that is supposed to serve two levels of Government. There was also a suggestion that we needed to have two IFMIS systems, one for the national Government and one for our counties. As the Committee looks at this issue, they also need to tell us how well we will implement this. The other day, the Director of IFMIS appeared befor…

Indeed, this matter is committed to the Senate Standing Committee on Finance and Budget and the Senate Standing Committee on Information, Communication and Technology. Let us move to the next Statement by Sen. Chute.

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

It is so committed. Hon. Senators, before Sen. Sifuna takes the Floor, I have a Communication to make.

Hon. Senators, I wish to acknowledge the presence, in the Speaker’s Gallery this afternoon, of a visiting delegation from the Parliament of Zambia. The delegation comprises Members of the House Business Committee (HBC) and its staff, who are on a benchmarking visit. I request each Member of the delegation to stand when called out, so that you may be acknowledged in the Senate tradition.

[(Applause)]

Mr. Speaker, Sir, I join you in welcoming the delegation from Zambia. Zambia has had a very warm relationship with Kenya. During the period of our founding fathers, we all remember with affection the old man with a handkerchief, H.E. the late Kenneth Kaunda, visiting Kenya; and equally, our President visiting the good Zambia in many occasions. This country has distinguished itself in terms of dev…

We are happy to welcome the delegation here. Let them feel at ease as they are here in Kenya. We welcome them. Please, have a good time while you are here. When you go back, please, take with you our good words and warm heart. Mr. Speaker, Sir, I have a long history of association with Zambia because many times, we have gone there for the Common Market for Eastern and Southern Africa (COMESA) mee…

Mr. Speaker, Sir, I join you and the House to welcome the visiting delegation from the Republic of Zambia. While the Senator for Tana River County was doing a similar feat, he made an appeal on behalf of his sons. Knowing him very well, I believe that appeal must have been personal for a wife from Zambia. Therefore, the delegation should take it as such. Mr. Speaker, Sir, I admire Zambia because …

When we were in school, we were taught about the Tanzania-Zambia Railway (TAZARA). It was about linking and providing access for landlocked countries to ports, other frontiers and the ocean. Kenya, at this particular point in time, is having a conversation on whether our investments in infrastructure are the right ones. Mr. Speaker, Sir, if I get an opportunity to meet the distinguished leader o…

Sen. M. Kajwang’, thank you for your warm welcoming remarks. Kindly proceed to withdraw the fact that Monday is a public holiday.

Mr. Speaker, Sir, Monday is Labour Day. It is a public holiday. Our other ‘public holiday’ will be in the subsequent Monday. Thank you, Mr. Speaker, Sir.

[(Laughter)]

On a point of order Mr. Speaker, Sir.

You cannot raise a point of order when the Senator has already rested. Proceed, Sen. Sifuna.

Mr. Speaker, Sir, allow me to, first, prove my credentials as the Minister of Entertainment and advise my brother, Sen. Mungatana, MGH, that the next time he is in Lusaka, to try a joint called Grandaddys. They have the best meat. The delegation knows what I am talking about. Mr. Speaker, Sir, I rise pursuant ---

On a point of order, Mr. Speaker, Sir.

What is your point of order, Sen. Cherarkey?

Mr. Speaker, Sir, I rise under Standing Order No.105 on relevance. This is a distinguished delegation.

In the structure of the Executive arm of Government, there is no Ministry of Entertainment. Our delegation should not go back to Zambia, imagining that there is a Ministry of Entertainment. It is good to raise it, so that they do not go with the wrong perception. It is the Ministry of Sports Culture and Heritage. Unless the Ministry of Entertainment is on the side of the Minority. Thank you, Mr. …

Sen. Cherarkey, we know what constitutes a Government Ministry. The hon. Sen. M. Kajwang’ was speaking for and on behalf of the Opposition. Therefore, maybe in their shadow Cabinet, there exists a Ministry of Entertainment. Sen. Sifuna, please, proceed.

Mr. Speaker, Sir, Sen. Cherarkey likes to call himself a Kalenjin warrior although, he does not look like one.

Sen. Sifuna, proceed.

We do not object to those things. It is with a light touch.

Mr. Speaker, Sir, I rise, pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Labour and Social Services, regarding the status of operationalization of the Nairobi City County Liquor Licensing Board. In the Statement, the Committee should-

Proceed, Sen. Cherarkey.

Mr. Speaker, Sir, I support the Statement by Sen. Sifuna aka Minister of Entertainment in the shadow Cabinet. I have seen his governor say on many occasions that the revenue has tripled. I do not know what they mean by Own Source Revenue (OSR) . I am aware that the Nairobi City County Government has a pending bill of Kshs100.5 billion. Mr. Speaker, Sir, we have heard many cases in some upmarket …

In addition to that, we would like to know how many liquor stores have been licensed within residential estates. Do they adhere to the Alcoholic Drinks Control Act that was passed by Parliament? Finally, the Governor of Nairobi City County, Gov. Johnson Sakaja, has insisted on several occasions that OSR has highly grown. Does it include the licenses that have been given, especially to liquor stor…

Thank you. That Statement is committed to the Committee of Labour and Social Services. Let us move to Sen. Chute, who had another Statement to request. Did you combine the Statements when you took to the Floor? We shall proceed to Sen. Cherarkey.

[(Sen. Chute consulted loudly)]

Thank you, Mr. Speaker, Sir. Request of the Statement on health services provision in Nandi County. Mr. Speaker, Sir, I rise Pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Health regarding health services provision in Nandi County. In the Statement, the Committee should –

Proceed, Sen. Oketch Gicheru.

Mr. Speaker, Sir, I rise to support the good Statement by the good Senator for Nandi County. He is good once in while, like today. On the issue of the state of health in Nandi County, he has highlighted the most important issues. In places like Nandi and other cruel counties, poor people go to the hospitals in the counties, then, after being diagnosed with any kind of disease, they are asked to g…

actually voted against it. Does it mean that my good friend, Senator for Nandi County, did not read DORA to understand that the money was put there and his County had entitlement to that money? He actually voted against it in this House. My plea is that he should not go and stress another Committee with that issue because it is an issue that the Committee on Finance and Budget dealt with, and he …

Kindly proceed, Sen. Miraj.

Asante, Bw. Spika, kwa kunipa hii fursa ya kuweza kuchangia katika Statement ya Sen. Chererkey. Hata sisi pale Mombasa tuko na hospitali kubwa ya Coast General Referral Hospital (CGRH) , ambayo katika mapendekezo ya County Interegrated Developmet Plan (CIDP) pale Mombasa, tumesikia ya kwamba Gavana anataka kutoza ushuru ingawaje hajajieleza. Hii ni kwa sababu amesema ile hospitali inafanya kazi n…

Sen. Okiya Omtatah, kindly, proceed.

Thank you, Mr. Speaker, Sir. I am in support of the Statement by my friend, the warrior from Nandi, Sen.Cherarkey.

[(Applause)]

Secondly, if you have to go as matters stand now, whereby, through political machinations, clinical medical care was devolved. Then, we should ask ourselves, why is the big budget for medicine still with the national Government? When the Statement will be answered, the Committee should provide us information on what percentage of devolved functions are not funded and how much of the money left in…

[(Applause)]

Sen. Okiya Omtatah, under our Standing Orders, you are supposed to refer to your colleagues as Hon. Senators.

Hon. Sen. Cherarkey, Senator of the Republic of Kenya, elected by the people of Nandi and the Senate Majority Whip, is he?

[(Laughter)]

Sen. Okiya Omtatah, thank you for your comments. Statement by Sen. (Dr.) Murango. Sen. (Dr.) Murango had three Statements. They have been deferred.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (a) of the Senate Standing Orders to make a Statement relating to the urgent need for a review of the devolved sector laws that should be aligned to the Constitution of Kenya 2010, that is laws that are contributing to the claw-back on the implementation of devolution. Standing Order No.228 (3) as read with the Fourth Sche…

[(the guardian angel of devolution)]

By dint of its mandate, the Devolution and Inter-Governmental Relations Committee resolved to initiate an audit of all laws existing before the promulgation of the 2010 constitution to identify those that require to be amended to align with the Constitution. As a result of the initial audit, we have found that there are many laws that existed prior to the Constitution of Kenya 2010 yet to be alig…

Asante Bw. Spika, kwa kunipa fursa hii. Katika Seneti iliyopita nilikua mwenyekiti wa Ugatuzi.

Ni ukweli sheria alizozitaja ni zile ambazo zinapaswa kurekebishwa. Nashukuru kamati hiyo kwa kazi nzuri walioifanya wakiongozwa na Sen. Abbas na naibu wake. Ni vizuri maana hiyo kamati haijaketi tu bali pia wameangalia kile ambacho kinaleta uzuizi katika gatuzi zetu. Sheria hizi zikibadilishwa, ugatuzi utaendelea vizuri. Kazi kubwa ya Seneti hii ni kufanya gatuzi zetu ziendelee kua na nguvu na k…

Sen. M. Kajwang’ are you also on the same queue?

No, Mr. Speaker, Sir. I am usually very precise. I do not make those kinds of errors. I was the Chairperson of the Committee on Devolution and Intergovernmental Relations after Sen. Kinyua, Senator for Laikipia. I inherited a job well done and when I handed over to Sen. Abbas, I can see they are doing even a greater job than Sen. Kinyua, Sen. Murkomen and I did, as founding chairpersons of that C…

Fisheries Authority. I know that there is a livestock Bill that should again take seed livestock matters from AFA. If we were to go with the matrix that Sen. Mumma and Sen. Abass have presented to this House, this House will be busy, we will be dealing with the right things. We will ensure that when Sen. Chute is asking about boreholes in his county and pushing his governor to drill boreholes, kn…

Thank you, Mr. Speaker, Sir, for this opportunity. In my formative months in this House, I served in that Committee as a Member before I later joined the Standing Committee on Tourism, Trade and Industrialization. I commend the work that is being spearheaded by the Committee's Chairperson, Sen. Abass, and his Vice Chairperson, Sen. Mumma. I implore that as a Senate, we need to support that Commit…

Thank you, Mr. Speaker, Sir, for giving me an opportunity. I would like to first congratulate the Committee on Devolution and Intergovernmental Relations for fishing out the laws that need to be amended to comply with the new Constitution. This Constitution was supposed to do practical things, but unless we have enabling laws and policies, it is very difficult. We are very fortunate that this is …

It is no surprise that the agriculture, livestock and fisheries sector have the largest number of laws that need amendment. It is no wonder that we have not been able to devolve agriculture properly and yet in the Constitution everything has been devolved except policy. The same thing is in the Ministry of Health (MOH). The Ministry has 25 laws which need to be aligned to the Constitution. The th…

We now move to Statements pursuant to Standing Order No.57 (1) . This is a Statement by the Senate Majority Leader.

Thank you, Mr. Speaker, Sir. I rise to make a Statement, on behalf of the Senate Majority Leader, on the Business of the Senate for the week commencing Tuesday, 2nd May, 2023, pursuant to Standing Order No. 57 (1) . There are 27 Bills which have been published in the Senate. Out of these Bills, 17 are due for Second Reading Stage and four are at the Committee of the Whole Stage. A further five Bi…

Fund for utilization by counties in financial year 2022/2023. I therefore urge the party whips to mobilize the requisite number of Senators for the voting process at the conclusion of debate today. Mr. Speaker, Sir, with regard to Petitions, the Senate has so far received 13, which have been committed to respective Standing Committees pursuant to Standing Order No. 238(1). Five Petitions are alre…

Next Order.

I beg to move the following Motion under Standing Order No. 62 in an amended form- THAT, AWARE THAT under the Bill of Rights, the Constitution of Kenya grants every person the right to freedom of conscience, religion, thought, belief and opinion, and that every Kenyan has the right to manifest any religion or belief through worship, practice, teaching or observance, including observance of a day …

Do not give us a report that will suggest, in any way, selective justice. If “Yesu wa Tongaren” in my home is the problem, come for him. If you are coming for “Yesu wa Tongaren”, this is the time. Speaking for this Senate that I am privileged to serve in, we are only 47 elected and 20 nominated, there are millions of Kenyans who would love to be here today. Due to this privilege, I now want to st…

[(Applause)]

[(Applause)]

Yes! Toboa!

[(Applause)]

[(Applause)]

days as holy as Easter where we fast; that fast should not be extended to children. We should only allow fasting for adults who make a choice. Children should go and play football, makola, shicholo or itiolo and not be locked in rooms so that they lose their lives. Suppose I had been suffocated, who would be advocating for the poor today? Suppose Sen. (Dr.) Oburu was suffocated to death--- The ma…

Sen. (Dr.) Khalwale, you are supposed to move the Motion in its amended form and beg the permission of the Chair to do so.

Thank you, Mr. Speaker, Sir. I am so guided. I thought when I opened with that remark at the beginning, I moved. I move this Motion under Standing Order No.63 and I beg the Speaker to oblige.

Are you moving the amended Motion under Standing Order No.52?

Mr. Speaker, Sir, it is under Standing Order No.62. The amended.

Okay. Sen. Madzayo, please proceed. The Senate Minority Leader (Sen. Madzayo) :

Asante, Bw. Spika. Ninaunga

Hon. Senators, the Floor is now open for debate. Sen. Tabitha Keroche, proceed.

On a point of order, Mr. Speaker, Sir.

Sen. Mwaruma, are you seeking clarification or you are rising on a point of order.

Thank you, Mr. Speaker, Sir. I have observed today and I want your guidance. Today, we had strangers and students from a particular school in the House and they were neither recognized nor welcomed. Again, I can see strangers in the Public Gallery. Our tradition has it that they need to be recognized. I need your guidance because we are just seeing strangers in the House and that is against the t…

Thank you. Before we proceed with the debate, you will allow me to make communication.

Thank you. Before we proceed with the debate, you will allow me to make communication.