Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Order, hon. Senators! I am informed that we now do have quorum. Clerk, proceed to call the first Order. Senator for Nandi, kindly take your seat, so that I pass this Communication. You are out of order, Senator for Nandi.

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

[(The Quorum Bell was rung)]

[(Sen. Cherarkey crossed the aisle)]

Thank you, Mr. Speaker, Sir. On behalf of my colleagues in the Senate, I welcome the Tumaini team that is visiting us. They are aware that we are in the process of concluding on a Motion that was moved here by the Senator for Machakos, Sen. Agnes Kavindu. They have made tremendous progress with regard to securing their compensation and trying to find ways within which we can make sure that we at …

Next Order. Proceed, Senate Majority Leader.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Thursday, 2nd May, 2024- The Valuers (Amendment) Rules, Legal Notice No.69 of 2024. The Survey (Amendment) Regulations, Legal Notice No.70 of 2024. The Survey (Amendment) Regulations, Legal Notice No.71 of 2024. The Physical and Land Use Planning (Planning Fees) (Amendment) Regulations, Legal Notice No.72 …

[(Forms and Fees)]

[(Electronic Cadastre Transactions)]

The Land Registration (General) (Amendment) Regulations, Legal Notice No.77 of 2024.

The Chairperson of the Standing Committee on Education.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 2nd May, 2024- Report of the Standing Committee on Education on its consideration of the Early Childhood Education (Amendment) Bill (Senate Bills No. 54 of 2023) . The Chairperson Ad hoc Committee on the Compensation to the Kenyan Victims of the 1908 Bombing of the United States of America Embassy in Nairobi.

[(Sen. Joe Nyutu laid the document on the Table)]

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, 2nd May, 2024- Progress report of the Ad hoc Committee on the Compensation to the Kenyan Victims of the 1998 Bombing of the United States of America Embassy in Nairobi. I beg to lay.

[(Sen. Chute laid the document on the Table)]

Next Order, Clerk.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of national and general topical concern, namely, the Mai Mahiu and other tragedies that led to the death of 180 Kenyans as of this morning because of the ongoing floods. On Monday, we received shocking news from Mai Mahiu in Naivasha, Nakuru County, of Kenyans having been swept away by floods …

The responsible Cabinet Secretary seems to be getting his priorities wrong. Instead of addressing pertinent issues facing Kenyans, he is politicking while the roads and airports, like Jomo Kenyatta International Airport (JKIA), are in a deplorable condition, with leaking roofs and flooding everywhere being the order of the day. I pray that no other Kenyan shall lose their life due to circumstance…

Next is the Senator for Lamu.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the completion status of Lamu Technical Training Institute (TTI) in Lamu County. In the Statement, the Committee should-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the reconstitution of the Lamu County Lands Control Board. In the Statement, the Committee should-

The Statement by Sen. Gloria Orwoba is deferred pursuant to the Senator’s request.

Next is the Senator for Nandi.

Mr. Speaker, Sir, I have two Statements. I request that I read both.

Proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding mismanagement and financial impropriety in the sports sector. In the Statement, the Committee should-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads and Transportation on the state of the Nairobi Western Bypass, with specific reference to non-compliance with construction plans for interchanges. In the Statement, the Committee should–

Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget concerning the lack of necessary frameworks in Nairobi and Mombasa Counties to receive climate action funding under the Financing Locally-Led Climate Action (FLLoCA) programme. In the Statement, the Committee should-

Proceed, Senator.

Thank you, Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the alleged physical assault and arrest of Simona Lemomo, a visually impaired human rights advocate at the Ongata Rongai police station. In this Statement the Committee should-

Let us move to Statement pursuant to Standing Order No.57 (1) by the Senate Majority Leader. We will revisit it. Statement pursuant to Standing Order No.58. The Senator of Nandi County, please, proceed,

Thank you, Speaker, Sir. My apologies, I thought it was coming tomorrow.

Senator for Nandi County, you are supposed to read the Statement as approved by the Speaker. So, proceed to withdraw the element that was not contained in the approved Statement.

Okay, Mr. Speaker, Sir, I withdraw that part of the Statement and I stand guided.

Which part are you withdrawing?

Mr. Speaker, Sir, the one of “international celebrity” and replace it with ‘village celebrity’.

[(Laughter)]

Proceed, Sen. Cherarkey.

Mr. Speaker, Sir, I know Bishop is happy. I have an important channel of engagement between myself and the public. These malicious actions violate my freedom of speech and set a dangerous precedent. The inability to access a platform for which communication services were paid disproportionately affects those of us in African nations. The lack of an accessible response mechanism exposes prejudice …

Senate Majority Leader, proceed to make your Statement pursuant to Standing Order No.57.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.57 (1) to present the business of the Senate for the week commencing Tuesday, 7th May, 2024.

As indicated on today's Order Paper, at Order No.8, the Division of Revenue (National Assembly Bill. No.14 of 2024) has been listed for consideration at the Committee of the Whole Stage. I wish to remind Members of the timelines that we mentioned last week on the need to conclude this business today. I humbly request that even as I conclude my Statement, the Whips from both sides of the House, Se…

Hon. Senators, before I call Order No.8, allow me to make the following Communications.

Thank you, Mr. Speaker, Sir. I take this opportunity to thank the team from the Kajiado County Assembly who are on a benchmarking mission to Bunge SACCO, as indicated by the Speaker, to learn more about the operations and management of the SACCO within Parliament. I welcome you to this Chamber, where we have Senators from all 47 counties. In our county, we have two delegates, Sen. Betty Montet an…

The Senator for Siaya, avoid the kind of speech that the Senator for Kajiado has made. Give your speech in under one minute.

[(Laughter)]

Thank you, Mr. Speaker, Sir, for the opportunity to welcome the delegation from the three counties of Bungoma, Siaya and Mandera. You have made a good choice to come to the Senate. This Senate is meant to defend and represent counties, and you will not regret your presence here. This is the ‘Upper House’ of Parliament, and we are very grateful to you for having chosen to come to our Senate to lis…

Proceed, Senator Chute.

Thank you very much, Mr. Speaker, Sir. Let me also join you in welcoming teachers and students from Cavalleria Girls School. This school is situated in Karare, South Saku Constituency. This school is doing very well in Marsabit. It is a girls' school, which is among the top performers. I congratulate them together with the teachers and ask them to do even much better. Let me take this opportunity …

Next Order, Clerk

The Schedule The Temporary Chairperson (Sen. Wakili Sigei): It is at this point that I call upon the Chairperson of the Standing Committee on Finance and Budget to move.

Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by deleting the schedule and substituting therefore with the following Schedule -

On a point of order, Mr. Temporary Chairman, Sir. (The Temporary Chairperson (

Hon. Senators, we now move to consider The County Governments (Amendment) Bill (Senate Bills No.25 of 2023) .

On a point of order, Mr. Temporary Chairman, Sir. It is just a matter of procedure. You had called the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) , and after consultation with the Senate Majority Leader, a decision has been made that you suspend that. You should go on record that that Bill will have to be suspended for now. He had called it. It is on record that he had calle…

Hon. Members, we have concluded on these two Bills; the Division of Revenue Bill (National Assembly Bills No.14 of 2024, which had amendments and the County Governments (Amendment) Bill (Senate Bills No.25 of 2023) , which did not have any amendment. We are proceeding to Division. Serjeant-at-Arms, ring the Division Bell for 10 minutes. (The Division Bell was rung) The Temporary Chairperson (

Serjeant-at-Arms, let the Bell be rung for another 10 minutes. (The Division Bell was rung) The Temporary Chairperson (

The Temporary Chairperson (Sen. Wakili Sigei): These are the results of the Revenue Bill (National Assembly Bills No. 14 of 2024) on all Clauses-

The Temporary Chairperson (

The Temporary Chairperson (Sen. Wakili Sigei): Hon. Senators, these are the results of the Division on the Bill:

AYES: Sen. Abass, Wajir County; Sen. Ali Roba, Mandera County; Sen. Dullo, Isiolo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakameg…

The Temporary Chairperson (

Hon. Senators, we are on reporting of the Division of the Revenue Bill (National Assembly Bills No. 14 of 2024). The Chairperson?

The Temporary Chairperson (

Mr. Deputy Speaker, Sir, I beg to move that the Division of Revenue Bill, (National Assembly Bills No.14 of 2024) , be now Read a Third Time. I request the Senator for Lamu to second.

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the Division of Revenue Bill (National Assembly Bills No. 14 of 2024) and its approval thereof with amendments. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

[(Loud consultations)]

I now call upon the Mover of the County Governments (Amendment) Bill (Senate Bills No. 25 of 2023) to move.

Thank you, Mr. Temporary Chairman, Sir. I beg to move that the Senate do agree with the Committee of the Whole in the said Report, and request

Thank you very much, Mr. Deputy Speaker, Sir. I beg to report that the Committee of the Whole has considered the County Governments (Amendment) Bill, (Senate Bills No.25 of 2023) and its approval thereof, without amendments.

Sorry, Mr. Temporary Chairperson, Sir, can I take it again? The Temporary Chairperson (

Mr. Deputy Speaker, Sir, I beg to move that the Senate do agree with the Committee of the Whole in the said report. I request Senator Osotsi to second.

Mr. Temporary Chairperson, Sir, I beg to move that the Committee of the Whole do report to the Senate its consideration of the County Governments (Amendment) Bill (Senate Bills No.25 of 2023) and its approval thereof without amendment. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Proceed, Mover.

[[The Deputy Speaker (Sen. Kathuri) in the Chair]]

Proceed, Sen. Beatrice Akinyi Ogola.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Division of Revenue Bill (National Assembly Bill No.14 of 2024) and its approval thereof with amendments.

Thank you. Proceed, Senate Majority Leader.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Senator for Makueni to second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Deputy Speaker, Sir, I beg to move that the Division of Revenue Bill, (National Assembly Bills No.14 of 2024) , be now Read a Third Time. I request the Senator for Lamu to second.

Mr. Deputy Speaker, Sir, I second.

Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. Ogola, Homa Bay County; Sen. Okiya Omtatah, Busia County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. (Prof.) Tom Ojienda Odhia…

[(Loud consultations)]

Hon. Senators, I want to reorganize the Order Paper this afternoon. We shall skip Order Nos. 11, 12, 13, 14, 15, 16, 17, 18, and 19 and go to Order No.20. Clerk, please call out the Order.

Thank you very much, Mr. Deputy Speaker, Sir. I beg to report that the Committee of the Whole has considered the County Governments (Amendment) Bill, (Senate Bills No.25 of 2023) and its approval thereof, without amendments.

Mr. Deputy Speaker, Sir, I beg to move that the Senate do agree with the Committee of the Whole in the said report. I request Senator Osotsi to second.

Sen. Osotsi, do the needful.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

This happened in Machakos County one time. Quite a number of businessmen who Machakos County owed money have done fantastic work in quite a number of projects in Machakos. The County Government of Machakos was not able to pay them. Similarly, in the County Government of Makueni, there are quite a number of bills which have been pending for years and have been carried forward to the current govern…

Sen. Methu, you can utilize your balance of 10 minutes.

Mr. Deputy Speaker, Sir, I had already made part of my contribution. Before I stopped, I was painting an image as a Member of the County Public Accounts Committee (CPAC) and my Vice-Chairperson is here. I wanted to show how county governments end up with holes in their budgets. I was pointing to this scenario which is uniform among all our counties when it comes to own source revenue. Even if we …

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

Hon. Senators, I see no interest on this. We can now go to Division. We will start with the first one, the Division of Revenue Bill (National Assembly Bills No.14 of 2023) . Question put and hon. Senators proceeded to vote. If you have logged in, proceed to vote.

[(Electronic voting in progress)]

Thank you, Mr. Deputy Speaker, Sir. I support this Motion on pending bill brought by one of my lustrous Members of the Committee. I was taking notes literally, impressed with the grasp of the issues. I thank you because there are people in Nandi, Nyandarua, and Meru counties, and across the country who are dead or taking diabetic and blood pressure medications because their mistake was to supply …

Hon. Senators, the results of the Division are as follows-.

Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. Ogola, Homa Bay County; Sen. Okiya Omtatah, Busia County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. (Prof.) Tom Ojienda Odhia…

also ask counties to raise their own source revenue. For instance, Nandi has the potential of raising Kshs630 million from own source revenue. Therefore, even as we go into the future, we must agree as a nation that payment of pending bills should be a priority in all aspects. Mr. Deputy Speaker, Sir, even as the country goes through many challenges, this must be settled. During COVID-19 pandemic…

Hon. Senators, I want to reorganize the Order Paper this afternoon. We shall skip Order Nos. 11, 12, 13, 14, 15, 16, 17, 18, and 19 and go to Order No.20. Clerk, please call out the Order.

Thank you very much, Mr. Deputy Speaker, Sir, for the honour to welcome to the Senate the visiting delegation from Bomet County. I extend my warm welcome to you here this afternoon even though it is a very rainy afternoon. We are very happy and honoured that you decided to choose the Senate as a place where you want to come, learn and experience what we do here as Senators of the Republic of Keny…

Proceed, Sen. Osotsi.

[(Resumption of debate on Motion)]

This happened in Machakos County one time. Quite a number of businessmen who Machakos County owed money have done fantastic work in quite a number of projects in Machakos. The County Government of Machakos was not able to pay them. Similarly, in the County Government of Makueni, there are quite a number of bills which have been pending for years and have been carried forward to the current govern…

that are made to her based on the budget that she has, we would not have this challenge of pending bills. We have this problem of pending bills - Apart from corruption, we lack discipline in our system. I have sat in this House and every afternoon; I hear Members raising statements on the issue of pending bills. I have also raised a statement on pending bills in my county. They appear before the …

Mr. Deputy Speaker, Sir, I had already made part of my contribution. Before I stopped, I was painting an image as a Member of the County Public Accounts Committee (CPAC) and my Vice-Chairperson is here. I wanted to show how county governments end up with holes in their budgets. I was pointing to this scenario which is uniform among all our counties when it comes to own source revenue. Even if we …

bills for recurrent. You only find pending bills for development. Therefore, county governments must take it very seriously, especially when it comes to their own source revenue. Finally, when I last stood here, I said that governments have perpetuity. Some counties have had two or more governors. For example, Nyeri and Kiambu counties have had more than three while Nyandarua has had three govern…

was at the university has not been paid. Now auditors are being asked to verify whether the grass was planted on that stadium in 2015. What are we doing to our counties? What are we doing to our resources? If the people of Nyandarua County have never had an opportunity to use Ol Kalou stadium, where is prudence in the usage of the resources? How do we say that the people of Nyandarua County are be…

Bw. Naibu Spika, naunga mkono Seneta wa Kaunti ya Narok. Kuna mambo ambayo yanafaa kuangaliwa. Kenya ina kaunti 47 na kila mojawapo ina shida zake. Katika ulimwengu huu, miti haitoshani. Magavana walipochaguliwa katika kipindi cha kwanza na cha pili, waliajiri wafanyikazi waliokuwa na uhusiano nao. Wengine walikuwa wezi na walaghai. Magavana waliochaguliwa 2022 wanajaribu kusaidia ugatuzi. Watu w…

ndipo makosa yalifanyika. Hatukufikiria sababu ambazo magavana ambao ni wasomi walikuwa nazo wakati walipoitisha pesa hizo. Ni lazima tuangazie mambo ya pending bills na wage bill. Sio lazima iwe vita kila wakati. Ndio maana tumepitisha kuwa wapewe Kshs415 billion. The Salaries and Remuneration Commission (SRC) imependekeza wapewe Kshs405 billion. Tunataka kuona kama watafanya hiyo kazi yote tuki…

of the County Assembly (MCAs) to Kaimosi the other day. He told them that the county could not develop in this financial year because of pending bills amounting to Kshs850 million. However, when you look at this schedule, Nandi County had pending bills amounting to Kshs306,553,678 as of June last year. Governors are taking advantage. The reality on the ground, as they say, 'vitu kwa ground, ni tof…

They had only devolved three or four functions. Yours truly, the current Cabinet Secretary of Interior and National Administration, our brother, Senate Majority Leader emeritus Sen. (Prof.) Kindiki, ruled from where you are sitting and declared NMS an illegal criminal enterprise. They owe this nation Kshs14.5 billion. It had only three functions. Where is the money and who ate it? This matter shou…

also ask counties to raise their own source revenue. For instance, Nandi has the potential of raising Kshs630 million from own source revenue. Therefore, even as we go into the future, we must agree as a nation that payment of pending bills should be a priority in all aspects. Mr. Deputy Speaker, Sir, even as the country goes through many challenges, this must be settled. During COVID-19 pandemic…

Thank you, Madam Temporary Speaker. I had moved that the Maternal, Newborn and Child Health Bill (Senate Bills No.17 of 2023) be read a Second Time.

It is worth noticing that I move this Bill against the ongoing medics strike who are the custodians of healthcare. This Bill seeks to put in place a framework for the wellbeing of pregnant mothers, new-born babies and children as well. In this Bill, the age of children goes up to 12 years. Madam Temporary Speaker, mothers continue to die while trying to secure the continuity of our future generat…

Senator, you can proceed to invite the Seconder.

We should not allow our mothers to continue dying while in the process of securing continuity of our future generations. Madam Temporary, Speaker, I request Sen. Crystal Asige to second this Bill. I thank you.

Thank you, Madam Temporary Speaker, for this opportunity to second this Bill; the Maternal, Newborn and Child Health Bill, 2023. I feel privileged to stand here to second this Bill because I am a person who will be assisted when a time comes for me to make a decision to have a child and build a family. I am not a mother yet. The Mover of this Bill is one of my biggest encouragers to start a famil…

A salient feature of this Bill is that it highlights the importance of access to quality health care and education by the public. Paying special attention to minorities, at risk people, marginalised communities and people with special needs. This demographic has historically had extenuating challenges in accessing quality and non-discriminatory maternal health care. Madam Temporary Speaker, addit…

That as you can imagine, require a very different health service delivery approach along side other specially trained medical workers who understand the needs of women and girls with disabilities. This is in addition to ensuring well trained medical workers in the care of women and girls with disabilities. I also wish to see the Sponsor add to the Bill, a strict requirement that, these maternity …

other economic activities owing to the destruction and/or closure of educational, health and other institutions; FURTHER CONCERNED THAT, the people living in the affected regions have been denied the enjoyment of their social, economic and political rights as guaranteed to them under the Bill of Rights as enshrined in Chapter Four of the Constitution; NOW THEREFORE, the Senate resolves that the …

Thank you, Madam Temporary Speaker. Next in the proposed provisions in the Maternal, Newborn and Child Health Bill is on birth attendants, and I note the focus on healthcare providers and trained birth attendants. Unfortunately, this for me excludes the traditional birth attendants in our homes and villages in Kenya who operate without medical licenses, but whose expertise and experiences are nee…

Can you second?

Oh yes, I thank you and I second.

Thank you, Sen. Asige. The Bill is now ready to be debated. I will invite Sen. Danson Mungatana. Before we do that, I will need to propose the question.

Bi. Spika wa Muda, asante sana kwa kunipa nafasi nitoe maoni yangu kuhusu Mswada huu ambao ni sheria mpya inayoletwa na Seneta Beatrice Ogola. Namshukuru sana kwa sababu katika sheria hii, ataweka jina lake katika maktaba ya Seneti, Bunge na Kenya mzima miaka itakayokuja kwamba alipitisha sheria ambayo ilipatia kinga ya kutosha kwa akina mama na watoto wanaokuja katika inchi hii ya Kenya. Ningep…

Hon. Senators, it is now 6.30

Sen. Mungatana, when we resume, you will have a balance of 13 minutes. I want to read out Orders that have been deferred, but they will be rescheduled by the SBC. They are Order Nos. 9, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26 and

Second Reading

Kiambu, Kitui, Marsabit, Narok, Nyamira, Trans Nzoia, West Pokot and Murang’a County Assemblies for the financial year 2019/2020 laid on the table of the Senate on Thursday, 7th March, 2024. (Motion deferred)

other economic activities owing to the destruction and/or closure of educational, health and other institutions; FURTHER CONCERNED THAT, the people living in the affected regions have been denied the enjoyment of their social, economic and political rights as guaranteed to them under the Bill of Rights as enshrined in Chapter Four of the Constitution; NOW THEREFORE, the Senate resolves that the …