Senate · Afternoon Sitting

Thursday, 2 March 2023

Session Summary

Senators discussed a resource‑benefit sharing Bill, urging effective mechanisms to ensure local communities profit from natural resource extraction and receive capacity‑building support. The debate then shifted to a motion on the Supreme Court’s ruling recognizing LGBTQ association rights, with a senator vehemently opposing the decision on moral and religious grounds. Senators raised alarm over the departure of nurses to the United States and the low remuneration of clinicians, urging the Salaries and Remuneration Commission to review health sector salaries. They called for parliamentary oversight, including summoning the Health Cabinet Secretary, and highlighted related issues such as clinical officer qualifications, CHV pay, and the effects of devolution on service delivery. The debate blended criticism of current policies with constructive proposals for reform. The Senate addressed several matters, including a commitment by Sen. Methu to act within seven days on human‑wildlife conflict in Makueni, and Sen. Tabitha Keroche’s request for a statement on the resettlement of informal settlers in Kasarani and Elburgon. A notable portion of the sitting involved a point‑of‑order debate over Senator Chimera’s attire, with the Speaker ultimately ruling the dress acceptable. The session also featured procedural reminders and brief remarks supporting the statements.

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The Speaker (Hon. Kingi)

Serjeant-at-Arms, kindly ring the Quorum Bell for five minutes. We do not have quorum. Serjeant-at-Arms, you may stop the Bell. I am informed that we now have quorum. Clerk, first Order.

[(The Quorum Bell was rung)]

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Sen. Cheptumo

Yes, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

Kindly take the Floor and make your welcoming remarks to the Delegation from Baringo County.

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Sen. Cheptumo

Thank you, Mr. Speaker, Sir. This is the second time Members of the County Assembly (MCAs) of Baringo have a chance to visit the House. I sincerely thank the Members of the Budget and Appropriations Committee of the Baringo County Assembly and welcome them to this upper House. I will repeat what I said last time. Baringo is known in this country as a County that has stood firm in upholding democr…

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Sen. Cheptumo

. business as the Senate. As the Senator for Baringo County, being a Member of this House, we will work together to ensure that democracy and devolution, which are the only ways we can take more resources to our people, are upheld. We are now in the process of making our budget; the budget cycle. We passed a law in December to have more money going to counties. In that law, Baringo County is set …

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The Speaker (Hon. Kingi)

Hon. Senators, I have a further Communication. In the public gallery this afternoon, we have 58 students accompanied by teachers from Uwalimo Secondary School in Nairobi City County who are in the Senate on an education tour. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and, on behalf of the Senate and on my own behalf, wish them a frui…

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Sen. Tabitha Mutinda

Thank you, Mr. Speaker Sir, for that opportunity. I take this good opportunity this afternoon to welcome the students in this beautiful county of Nairobi City. As leaders of this country, we are happy to see you in the education system. Mine is to urge you, as the younger generation, to pursue your educational goals. As I have always stated and encouraged, education is what your parents can give …

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Sen. Tabitha Mutinda

. that we set these laws for, to take up the role and follow what is good. Take what is right that can positively open your future goals to what you want to pursue. Politics is a career. I encourage you to follow suit. We are here; we started from far. I started from being a pharmaceutical student. I am a pharmaceutical student who is currently pursuing Ph.D. at the University of Nairobi (UoN). E…

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The Speaker (Hon. Kingi)

Next Order!

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Sen. Wambua

On a point of order Mr. Speaker Sir.

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The Speaker (Hon. Kingi)

What is your point of order Sen Wambua?

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Sen. Wambua

Thank you, Mr. Speaker, Sir. I rise on a point of order pursuant to Standing Order No.37 to seek leave of the Senate to adjourn to discuss a definite matter of urgent national importance namely; the decision of the Supreme Court of Kenya in Non-governmental Organisations (NGOs) Coordination Board verses Eric Gitari and five others, in Petition No.16 of 2019, which declared discrimination against L…

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Hon. Senators, I have, indeed, confirmed that the requisite threshold has been attained. I direct that the Senate will adjourn at 5.30.p.m to discuss the said Motion. Thank you.

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The Speaker (Hon. Kingi)

. Next Order.

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Sen. Cheruiyot

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No.57 (1) , I hereby present the business of the Senate for the week commencing Tuesday, 7th March, 2023. Mr. Speaker Sir, the status of legislative business is beginning to get heavy. There are 13 Bills, which are at the Second Reading stage. Four of these Bills are scheduled in today’s Order Paper at Order Nos. 11, 12, 13 and 14 while the …

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Sen. Cheruiyot

. In fact, if we can reach an agreement without having the Supreme Court issuing a determination - because we could not agree among the two Houses - then the country will have won. I hope that we shall conclude that process. I know that we still have a few days to run after the meeting that we had in attendance of the Senate Minority Leader, yourself, the team from the National Assembly and mysel…

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Maanzo?

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Sen. Maanzo

Mr. Speaker, Sir, with your kind permission, two months ago I made a request for a Statement in relation to human-wildlife conflict in Makueni County. Unfortunately, I have not been called by the relevant Committee to make a presentation or received an answer on the same.

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Sen. Maanzo

. Yesterday, an elephant killed somebody in Kibwezi East and wananchi refused to release the body until this afternoon when the Kenya Wildlife Society (KWS), together with the police officers, went there and teargassed them. Mr. Speaker, Sir, I look forward to an answer from the Committee, the Cabinet Secretary (CS) in charge of Tourism and Wildlife, the Directorate of Criminal Investigations (D…

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The Speaker (Hon. Kingi)

The Chairman of the Standing Committee on Lands, Environment and Natural Resources can we have an indication to when that matter will be laid to rest due to its urgency.

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Sen. Kinyua

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

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The Speaker (Hon. Kingi)

what is your point of order, Sen. Kinyua?

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Sen. Kinyua

Asante Bw. Spika. Ni ukweli kuwa wanyama wamekuwa wanasumbua watu huko Laikipia. Tumeandika taarifa tukiuliza hayo maswali. Ukitembelea sehemu za Sironi unapata watu wameshambuliwa na ndovu na kuuawa. Mimea yetu yote imeharibiwa na ndovu. Katika sehemu ya Manguo viboko wanashambulia watu. Mwenyekiti ambaye ni Seneta kutoka Kaunti ya Nyandarua, Sen. Methu, nimemskiza katika mikutano mingi akisema k…

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Cherarkey?

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Sen. Cherarkey

Mr. Speaker, Sir, I rise under Standing Order No.1. I note with concern and I did register with your office that sometimes there are issues which are of importance and very urgent. Is there a way through your office, you can give an order

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Sen. Cherarkey

. where if we have an urgent matter such as what Sen. Maanzo and Sen. Kinyua are putting across; the chairpersons of those specific committees can give progress reports? I do not know whether the Deputy Speaker is the chairperson of the Committee on Liaison. For example, if an urgent matter comes before the House today on Thursday, is there a way through your office and secretariat, a progress rep…

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The Speaker (Hon. Kingi)

Very well Sen. Cherarkey. That is a very noble issue that you have raised. It shall be discussed at the Senate Business Committee (SBC) . Direction shall be given and it shall also be communicated to the Committee on Liaison. Proceed, Sen. Methu.

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Sen. Methu

Thank you, Mr. Speaker, Sir. First and foremost, allow me to condole with the family from Kibwezi that was mentioned by the Senator for Makueni who lost their loved one from human-wildlife conflict. I can confirm to him, Sen. Kinyua together will all the Senators here, that I serve in the Committee that deals with wildlife. Our Committee is broad. We also deal with the forests and the animals that…

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Sen. Methu

. Wildlife Service (KWS) done something what happened yesterday would not have occurred. They should work towards becoming proactive rather than paying claims and accepting liabilities. I commit that we shall deal with this matter in not more than seven days. This is just one of the many Statements that are raised in this House everyday including today. If you look at the Order Paper, you will s…

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Sen. Faki

Kwa hoja la nidhamu, Bw. Spika. Nimesimama kulingana na kanuni zako hususan Kanuni Namba Tano kuhusu mavazi ambayo Maseneta wanastahili kuvaa wakiwa katika Bunge hili. Seneta mwanaume anafaa kuvaa koti, shati, tai, suruali ndefu, soksi na viatu, nguo za huduma ama nguo za kidini. Nimemuona ndugu yangu Sen. Chimera pale amevaa vazi ambalo sidhani lina ruhusiwa katika Bunge hili. Kwa hivyo, ningepen…

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Kinyua?

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Sen. Kinyua

Bw. Spika nimemskia Sen. Faki akitaja mavazi ambayo yanafaa kuvaliwa lakini nikimuangalia Sen. Chimera amevaa mavazi ambayo yanakubalika katika Bunge hili. Amevaa “Kaunda suit” ambayo nimekuwa nikimuona Seneta kutoka Kaunti ya Kisii akivaa kila wakati. Tunaweza kumkubalia ndugu yangu Sen. Faki kwamba pengine haoni vizuri kwa vile amevaa miwani. Mimi niko karibu na Sen. Chimera na naona amevaa vili…

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Sen. Kinyua

.

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The Speaker (Hon. Kingi)

I will rule on a point of order. What exactly is out of order in that dressing, so that I understand you? You have indeed read Speaker’s Rule No.5. However, what exactly is Sen. Chimera breeching in that particular rule.

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Sen. Faki

Bw. Spika, hakuna koti la mikono mifupi.

[(Laughter)]

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The Speaker (Hon. Kingi)

Sen. Faki, please proceed with your explanation.

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Sen. Faki

Lile vazi alilovaa Sen. Chimera sio vazi ambalo linakubalika kulingana na Kanuni zako. Kama lingekuwa ni vazi la kienyeji, tungeweza kumsamehe. Suti ya Kaunda sio vazi la Kiafrika.

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The Speaker (Hon. Kingi)

Hon. Senators, the Speaker’s Rules on dressing are very clear especially if you look at Rule No.5. It goes to define what we are supposed to wear as we come to this House. For avoidance of doubt, let me also read it out to all of us- “Senators are required not to enter the Chamber, lounge or dining room without being properly dressed. This means that a male Senator will be dressed in a coat, coll…

[(Applause)]

[(Applause)]

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The Speaker (Hon. Kingi)

. In any event, as a Speaker, I have the power from time to time to determine what a descent dress is. Using that power as a Speaker, I rule that indeed Sen. Chimera is decently dressed. Sen. Tabitha Keroche, please proceed.

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Sen. Tabitha Keroche

Thank you Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 to seek a Statement from the Standing Committee on Lands, Environment and Natural Resources regarding the status of resettlement of the informal settlers residing in Kasarani and Elburgon areas in Molo Sub-County, Nakuru City County. In the Statement, the Committee should-

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Sen. Cherarkey

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

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The Speaker (Hon. Kingi)

Senator, before you proceed with your Statement, the two Statements by Sen. Tabitha Keroche are committed to the relevant Committees in the usual manner. Sen. Cherarkey, proceed.

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Sen. Cherarkey

Mr. Speaker, Sir, I request your indulgence so that I read the two Statements concurrently to make it easy for colleagues who want to raise any comments on both of them. I hope you will allow me to read the two Statements concurrently.

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The Speaker (Hon. Kingi)

.

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The Speaker (Hon. Kingi)

.

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The Speaker (Hon. Kingi)

Hon. Senators, we will defer Order Nos.9, 10 and 11 to Tuesday when we shall proceed to take a vote on those three items.

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The Speaker (Hon. Kingi)

We shall now proceed with Order No. 12, which is the resumption of the debate interrupted on Wednesday, 1st March, 2023. Sen. Cheptumo, are you the one to second this Bill? Kindly proceed.

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The Speaker (Hon. Kingi)

.

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The Temporary Speaker (Sen. Veronicah Maina)

Hon. Senators, it is now 6.32