Senate · Afternoon Sitting

Clerk, do we have quorum? Proceed to call the first Order, please.

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

Mr. Speaker, Sir, this is a Statement by the Senate Majority Leader on the Business of the Senate for the week commencing Tuesday, 3rd October, 2023, pursuant to Standing Order No.57 (1) . Mr. Speaker, Sir, pursuant to Standing Order No.57 (1) , I hereby present the Business of the Senate for the week commencing Tuesday, 3rd October, 2023. Before I proceed with the Statement, I take this opportu…

I believe that while here, we have interacted with the residents of Turkana County and devised mechanisms to provide solutions to challenges that we have encountered. The interventions that we will make will go a long way to have a positive impact on the devolution and the great people of this County. I would like to also take this opportunity to thank the hon. Senators for their contributions to…

Question No.053 to the Cabinet Secretary for Youth, Sports and Arts by Sen. Cherarkey on Team Kenya's participation in the World Athletic Championship in Budapest; and, Question No.055 to the Cabinet Secretary for Defence by Sen. Chute on participation of Kenya in the African Union Mission to Somalia (AMISOM). I am aware that there are some challenges in the implementation of Question Time, part…

to thank for speaking up on the issue of energy crisis in this county and ensuring that it is resolved. I know that colleagues have noted various things that they will seek to address in their various committees as we return to Nairobi, to ensure that the meaningful impact of our visit is felt for years down the line and people will appreciate that it was not just in vain that we came to the Coun…

Thank you. We will now move to the Statements pursuant to Standing Order No.52 (1) . Proceed, Sen. Wafula.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement of a matter of general topical concern, namely, the plight of five Kenyans who are stranded in Malaysia. The five Kenyans, namely; Sospeter Ngahu from Bungoma County, Dickson Amin and David Nyamanga from Kisumu County, Geoffrey Maina from Kiambu County and Charles Gitonga from Nairobi City County travelle…

After the two months, when they decided to ask for payment from their Chinese employer, they were told that they could not be paid because they had been bought and should be ready to work for three years before a decision on whether they should be paid could be made. After another two months while working during a night shift, the five were thrown out by the employer without any compensation for t…

Thank you, Sen. Wafula. Senator, that Statement could have been raised appropriately under Standing Order No.53 (1) , so that we can commit it to the relevant committee. However, I will invoke my discretion pursuant to Standing Order No.1 and commit that Statement, so that the situation is probed and the five Kenyans get justice. I thank you.

[(Loud Consultations)]

Mr. Speaker, Sir, I have listened to Sen. Wafula and he has asked whether he can commit to the Standing Committee on Labour and Social Welfare, but that matter is not within Kenya. I thought it was supposed to be committed to the Standing Committee on National Security and Foreign Relations. Just a point of clarification.

Sure! It shall be committed to the relevant committee. He has listed a number of committees, including that of foreign affairs. The

lead committee should be the Standing Committee on National Security and Foreign Relations. I do not see the host Senator here. He had a Statement to make under that Standing Order. We shall defer that Statement.

Nominated Senator, Sen. Mumma is also not present. She left yesterday. Are you holding brief for Sen. Mumma?

Yes, Mr. Speaker, Sir.

Proceed.

Thank you, Mr. Speaker, Sir. I am holding brief for Sen. Mumma. I rise, pursuant to Standing Order No.52 (1) , to make a statement on a matter of county-wide and general topical concern, namely; the sustainable exploitation of natural resources in Turkana County. Mr. Speaker, Sir, Articles 69 (1) (a) and (h) of the Constitution require the State to ensure sustainable exploitation, utilisation, m…

neighbouring communities and cross-border issues with South Sudan, Uganda and Ethiopia. These internal and external security issues have affected activities in Turkana, such as fishing, pastoralism, and mining resulting---

Order, Senators. Senator for Lamu County, I could hear you yelling. Kindly allow the Senator to make her Statement in silence.

These internal and external issues have affected activities in Turkana such as fishing, pastoralism and mining resulting in limited development in the county despite the abundance of resources. Mr. Speaker, Sir, without affirmative measures and programs to increase investment for sustainable exploitation of these natural resources, Turkana County will remain a marginalised area with limited devel…

Statements pursuant to Standing Order No.53 (1) . Sen. Wamatinga.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to request a Statement on the regulation of the scrap metal industry in Kenya. In the Statement, the Committee should-

Further, Mr. Speaker, Sir, I rise, pursuant to Standing Order 53 (1) , to seek a Statement from the Standing Committee on Education concerning the death of Master Caleb Odanga, a 7-year-old student from Green Angels Academy in Kiambu, during a school trip. In the Statement, the Committee should-

Mr. Speaker, Sir, I rise, pursuant to Standing Order 53 (1) , to seek a Statement from the Standing Committee on Health on the institution of measures to safeguard families of patients in brain stem death conditions. In the Statement, the Committee should -

Thank you. I will allow limited comments on the three Statements. Sen. Munyi Mundigi, proceed.

[(Sen. Munyi Mundigi spoke off record)]

Okay. Sen. Oketch Gicheru, you have the Floor.

Mr. Speaker, Sir, I will make few comments on the Statement by the Senator for Bungoma, Sen. Wafula. It is saddening to learn from the Floor of this House that Kenyans can be treated like slaves. They were taken out of this country and, in whichever manner, shared their

plight in Malaysia with a Member of this House. It seems like the Cabinet Secretary in charge of this country’s foreign affairs is completely unaware. This is unfortunate because by the time information is shared from Malaysia to this House, I would imagine that numerous efforts would have been made in various places to make sure that those Kenyans are treated like human beings. This shows how la…

Sen. Kinyua, proceed.

Asante, Bw. Spika kwa kunipa fursa hii. Ni jambo la kuvunja moyo sana kwamba wakenya wametoka nchini kutafuta ajira kwenye nchi za ng’ambo na wanakumbwa na mashaka. Hata hivyo, Serikali ya Kenya Kwanza tayari inajaribu kuangazia mambo haya. Kwa mfano, Serikali tayari imeajiri wauguzi wa nyanjani zaidi ya 100,000. Vile vile, Serikali imepeana pembejeo ndiposa wakulima wetu wapate afueni. Kamati i…

Hon. Senators, for the convenience of the House, pursuant to Standing Order 45 (2) , you will allow me to rearrange the sequence of today’s Order Paper. We will prosecute a Bill in the Committee of the Whole in Order No.9.

Time allowing, we may prosecute the two Bills that are ready to be committed to the Committee of the Whole. We will straightaway move to handle Order Nos.9 and 8. Once we are done with those two, we will come back and flow with the Order Paper as presented today. (The Clerk-at-the-Table consulted the Speaker) Proceed to call Order No.9.

Madam Temporary Chairperson, I beg to move that Committee do report to the Senate its consideration of the Primary Health Care Bill (Senate Bills No.44 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]]

Hon. Senators, I call upon the Chairperson of the Committee to report.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Primary Health Care Bill (Senate Bills No. 44 of 2023) and its approval thereof with amendments.

Mover, kindly proceed.

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

Mr. Temporary Speaker, Sir, I second.

Mover, kindly proceed.

Mr. Temporary Speaker, Sir, I beg to move that the Primary Health Care Bill (Senate Bills No.44 of 2023) be now read a Third Time. I request the Senator for Kitui County, the Senate Deputy Minority Leader, Sen. Wambua, to second.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

Serjeant-at-Arms, lock the doors

Turkana County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Omar, Mandera County; Sen. Osotsi, Vihiga Cou…

Hon. Senators, the results of the Division are as follow:-

I now order that the Doors be opened and the Bars undrawn.

[(The doors were opened and bars drawn)]

Hon. Senators, we are going to defer the following Orders. Order No.8, 10, 11, 12, 13 and 14.

On a point of Order, Mr. Temporary Speaker, Sir.

What is your point of order?

Mr. Temporary Speaker, Sir, I rise under Standing Order No.41. Noticing that there is no quorum, I seek your indulgence whether indeed the House sitting is as should be constituted.