Senate · Afternoon Sitting

Thursday, 2 November 2023

Session Summary

The Senate afternoon sitting was marked by procedural clashes between Senators Keroche and Oketch Gicheru, after which Senator Khalwale raised concerns about the soaring county and national wage bills and alleged wasteful spending, including a controversial gold‑throne reference. The debate then shifted to Senator Abass’s strong advocacy for granting city status to Eldoret, highlighting its economic potential and infrastructure needs. The session combined criticism of fiscal management with constructive discussion on urban development. Senators debated a bill imposing harsh penalties on cattle rustlers, financiers and illegal livestock transporters, emphasizing the need to curb organized theft. They highlighted the devastating social and economic impact on pastoral families, especially children, and called for infrastructure, education and development to address the root causes of insecurity. The discussion combined strong condemnation of criminal activity with constructive proposals for long‑term solutions. Sen. Crystal Asige highlighted the persistent injustices of livestock theft and land grabbing, commending the new Bill for giving farmers and investors a voice and urging swift legal mechanisms such as 72‑hour release of seized animals. She advocated for modern branding, RFID/chip tracking and better permit and tax arrangements for nomadic herders, especially during droughts, while warning against any misuse that could encourage animal cruelty.

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The Deputy Speaker (Sen. Kathuri)

Serjeant-at-Arms, ring the Quorum Bell for 10 minutes. I can confirm that we now have quorum. Clerk, please proceed to call the first Order.

[(The Quorum Bell was rung)]

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Sen. Cheruiyot

Mr. Deputy Speaker, Sir, I beg to move- THAT, notwithstanding the resolutions of the Senate made on the 16th February, 2023, and on the 29th March, 2023, pursuant to Standing Order No.32, on the approval of Senate Calendar Regular Sessions for the Second Session 2023 and pursuant to Standing Order No.34 (4) (b) , the Senate resolves to alter its hours of meeting on Tuesday, 7th November, 2023 and…

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The Deputy Speaker (Sen. Kathuri)

Senate Minority Leader, you now have permission to second. I had not given you. Proceed. The Senate Minority Leader (Sen. Madzayo) : I thank you, Mr. Deputy Speaker, Sir, for the guidance. I do agree with what my brother, Sen. Cheruiyot has said. Sen. (Dr.) Khalwale, the Senate Majority Whip.

[(Question proposed)]

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Sen. Madzayo) :

Thank you, Mr. Deputy Speaker, Sir. I do agree with the Senate Majority Leader that we should alter the hours of the House because this is a very important matter. Please allow me to use this opportunity to tell the people of Meru that there should be no confusion. The Committee of the Whole House in Plenary is just as good as the sitting of a Special Committee. I appeal to them at a personal lev…

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Sen. (Dr.) Khalwale

Thank you, Mr. Deputy Speaker, Sir. I do agree with the Senate Majority Leader that we should alter the hours of the House because this is a very important matter. Please allow me to use this opportunity to tell the people of Meru that there should be no confusion. The Committee of the Whole House in Plenary is just as good as the sitting of a Special Committee. I appeal to them at a personal lev…

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The Deputy Speaker (Sen. Kathuri)

Mr. Deputy Speaker, Sir, is the Senate Majority Whip in order to revisit a debate which was closed on Tuesday, this week, as to whether we go Plenary or Committee? A resolution of the House was made that we go the Plenary way and there is no need to revisit the issue. He is making the matter sub judice because he is getting calls from Meru over an issue that is pending before the House.

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Sen. Faki

Mr. Deputy Speaker, Sir, is the Senate Majority Whip in order to revisit a debate which was closed on Tuesday, this week, as to whether we go Plenary or Committee? A resolution of the House was made that we go the Plenary way and there is no need to revisit the issue. He is making the matter sub judice because he is getting calls from Meru over an issue that is pending before the House.

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The Deputy Speaker (Sen. Kathuri)

Sen. (Dr.) Khalwale, in the Communication from the Chair on that day, he advised Members not go into the substance of that Motion before it gets to the day appointed for that discussion.

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Sen. (Dr.) Khalwale

Indeed, Mr. Deputy Speaker, Sir, it does not require any gainsaying to do so. You would be preaching to the choir. As far as the point of order is concerned, I would urge the Senator for Mombasa to learn from people who are more experienced. I, therefore, assure the people of Meru that we are up to the task. This is a serious matter and we shall dispense justice.

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The Deputy Speaker (Sen. Kathuri)

Sen. Tabitha Mutinda.

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Sen. Tabitha Mutinda

Thank you, Mr. Deputy Speaker, Sir. I do confirm that all the 67 Senators will have an opportunity to give these issues the fair justice they deserve. As women, we have said that it is going to give us a clear indication if it is women, leadership or incompetence issues and whatever else comes across. I also emphasize on what the Senate Majority Leader has said, that we should all avail ourselves…

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The Deputy Speaker (Sen. Kathuri)

Sen. Wafula.

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Sen. Wafula

Asante, Bw. Naibu wa Spika. Nashukuru kwa nafasi hii kwamba mhusika mkuu katika mchakato wa kubanduliwa nje ya kiti apewe nafasi hii kujieleza wazi, Wakenya wakisikiza. Vile vile, madai ambayo viongozi wa wadi wako nayo, waje wajieleze na stakabadhi zinazoweza kudhibitishwa na Seneti. Halafu, kama ni kunyolewa, watu waandae maji, sabuni na haki itendeke kwa yeyote ambaye atakuwa na makosa. Iwapo h…

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The Deputy Speaker (Sen. Kathuri)

Okay. Let me test the mood. Hon. Senators, the mood in this House is that Members want to close this debate. I want to put the question whether you agree with that position, so that we have democracy in this House. I will, therefore, put the question.

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The Deputy Speaker (Sen. Kathuri)

Okay. Let me test the mood. Hon. Senators, the mood in this House is that Members want to close this debate. I want to put the question whether you agree with that position, so that we have democracy in this House. I will, therefore, put the question.

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Sen. Tabitha Keroche

Madam Temporary Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 2nd November, 2022- Report of the Auditor General on the financial statements of the Kombewa County Hospital, County Government of Kisumu for the year ended 30th June, 2022.

[(Sen. Tabitha Keroche laid the document on the Table)]

[(Laughter)]

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The Temporary Speaker (Sen. Veronica Maina)

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Sen. (Dr.) Murango

You cannot use ‘Madam Temporary Speaker’ and ‘Sir’ in the same sentence. Sen. (Dr.) Murango: I am sorry. It is confusion from Senator---

[(Laughter)]

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The Temporary Speaker (Sen. Veronica Maina)

You cannot use ‘Madam Temporary Speaker’ and ‘Sir’ in the same sentence.

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Sen. (Dr.) Murango:

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Sen. (Dr.) Murango:

Sen. (Dr.) Murango, while I might not demand an apology, I will caution you to be sensitive to the gender of the Speaker who is chairing the House at any one time and refer to the correct terminology.

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, Madam Temporary Speaker. I apologise for that. However, Sen. Oketch Gicheru, these days seems to be a terrorist in this House.

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Sen. Oketch Gicheru

Sen. (Dr.) Murango, do not use unparliamentary language. Please withdraw the use of the word ‘terrorist’ against the Hon. Senator.

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The Temporary Speaker (Sen. Veronica Maina)

Madam Temporary Speaker, I withdraw.

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Sen. (Dr.) Murango

What is your point of order, Sen. Mandago.

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The Temporary Speaker (Sen. Veronica Maina)

Madam Temporary Speaker, I have a problem with the gadgets in this House because it is letting us down. If you press a button, you will wait here and keep coming to this Senate, yet you will not get the opportunity to contribute to any business of the House. The Senate should do something about it. I wanted to comment on the Buxton Report and I pressed the button, but I do not know what is happeni…

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Sen. (Dr.) Murango

Clerk’s desk, can you note the technical issues that are appearing in the system on different desks and make sure that they are rectified in order to avoid cutting off Senators who want to contribute to important Motions in this House? Sen. Mandago, the technical team should owe you an apology for that mishap. Next Order.

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The Temporary Speaker (Sen. Veronica Maina)

What is your point of order, Sen. Mandago.

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Sen. Mandago

Thank you, Madam Temporary Speaker. on a light note, I empathise with my Chair, Sen. Mandago. I know what it feels to wait because our

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The Temporary Speaker (Sen. Veronica Maina)

Clerk’s desk, can you note the technical issues that are appearing in the system on different desks and make sure that they are rectified in order to avoid cutting off Senators who want to contribute to important Motions in this House? Sen. Mandago, the technical team should owe you an apology for that mishap. Next Order.

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Sen. Okenyuri

Thank you, Madam Temporary Speaker. on a light note, I empathise with my Chair, Sen. Mandago. I know what it feels to wait because our

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Sen. Okenyuri

Committee is rushing to catch a flight at 5 p.m. So, I feel his frustration. We are going for county health visits in Kisii County. I rise pursuant to Standing Order No.52(1) to make a Statement on a matter of national and general topical concern, namely, the four-day State visit to Kenya by King Charles III and Queen Camilla to Kenya. Madam Temporary Speaker, King Charles III and Queen Camilla …

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Sen. Okenyuri

occupation such as Mekatilili wa Menza of the Mijikenda, Field Marshal Muthoni wa Kirima of the Agikuyu, Koitalel arap Samoei of the Kalenjin, Moraa Ngiti of the Abagusii and others. Repatriation of historical artefacts held in British museums back to their rightful owners should also be on the table in addressing fractures areas in our past, even as we keep eye on the more beneficial areas of ou…

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The Temporary Speaker (Sen. Veronica Maina)

Thank you. Senator for Bungoma, Sen. Wafula, Statements under Standing Order No. 53 (1) .

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Sen. Wafula

Asante, Bi. Spika wa Muda. Ningependa kuanza na ya kwanza. Nimesimama kwa mujibu wa Kanuni ya Kudumu Nambari 53 (1) kuomba Kauli kutoka kwa Kamati ya Kudumu ya Elimu, kuhusu ongezeko la visa vya mimba za mapema kwa wanafunzi wa shule za upili katika Kaunti ya Bungoma. Katika kauli hiyo, Kamati iangazie yafuatayo -

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The Temporary Speaker (Sen. Veronica Maina)

What is your point of order, Sen. (Dr.) Khalwale?

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Sen. Oketch Gicheru

Madam Temporary Speaker, even as I comment on this Statement, I notice that it is addressed to “Mr. Speaker, Sir”. Next time this Statement should have “Mr./Mrs./Ms.” or “Madam Speaker.” It is my Statement, yes, but it is approved by the Speaker’s office. I take this gender thing very seriously even in how things are addressed in this House. On that note, I rise pursuant to Standing Order No. 53 …

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Sen. (Dr.) Khalwale

On a point of order, Madam Temporary Speaker.

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The Temporary Speaker (Sen. Veronica Maina)

What is your point of order, Sen. (Dr.) Khalwale?

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Sen. (Dr.) Khalwale

It is true that from time to time, we find members of the feminine orientation, but you are not Speakers. You are members of the Speakers Panel. Is he in order to mislead the country that we have got a female Speaker in the Senate?

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The Temporary Speaker (Sen. Veronica Maina)

Sen. (Dr.) Khalwale, I am persuaded to uphold your position that the substantive holder of the Speakers seat is a man. However, I am also obliged to advise that when Statements are being read, it is important for the Senators who are presenting anything before the House to always note whether the person representing the Speaker is a man or a woman and adjust the language accordingly, so that we do…

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Sen. (Dr.) Khalwale

Thank you, Madam Temporary Speaker for educating the Senator for Kakamega County. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the position of advisor in the Public Service. In the Statement, the Committee should-

[(Loud consultations)]

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Sen. (Dr.) Khalwale

Hon. Members, can you consult in lower tones. The hon. Senator should be heard with a bit of regard to what he is presenting before the House.

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The Temporary Speaker (Sen. Veronica Maina)

I am reading a very serious statement. The last point was, in the Statement, the Committee should -

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Sen. Oketch Gicheru

Thank you, Senator. Senator for Marsabit County, Sen. Chute proceed.

[(Loud consultations)]

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Members, can you consult in lower tones. The hon. Senator should be heard with a bit of regard to what he is presenting before the House.

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Sen. Oketch Gicheru

I am reading a very serious statement. The last point was, in the Statement, the Committee should -

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, Senator. Senator for Marsabit County, Sen. Chute proceed.

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Sen. Chute

Thank you, Madam Temporary Speaker for giving me this opportunity. I have four Statements. I will start with the first one in regards to an upgrade to bitumen standards of the Odda-Bute-Danaba Road in Wajir and Marsabit Counties. I rise, pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the upgrade to bitumen sta…

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Sen. Chute

sale by the National Housing Corporation (NHC) of affordable housing units under the Marsabit Housing Project in Marsabit County. In the Statement, the Committee should-

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, Senator. The next Statements are by the Chairperson Standing Committee on Roads, Transportation and Housing. I do not see Sen. Thang’wa. These Statements are deferred to the next Session; next week on Tuesday.

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The Temporary Speaker (Sen. Veronica Maina)

Next Order.

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The Temporary Speaker (Sen. Veronica Maina)

I will now call upon the Mover of this Motion to reply. Sen. Abass, please proceed.

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Sen. Abass

Madam Temporary Speaker, I rise to reply to the Motion of adoption of the report of the Standing Committee on Devolution and Intergovernmental Relations on the application for conferment of city status to the Municipality of Eldoret, which was laid on the Table of the Senate on Wednesday, September 20, 2023 and pursuant to Section 8 (6) of the Urban Areas and Cities Act, 2011.

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Sen. Abass

I wish to start by expressing my sincere appreciation to all the Senators who rose to support this very important Motion. It is clear that this Motion was supported by both sides of the House. This is a clear statement of determination to empower our devolved units to grow economically and develop into sustainable and self-sufficient entities. As you are aware, urbanization is one of the powerful…

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Sen. Abass

Lastly, I also wish to thank the stakeholders and citizens of Eldoret Municipality who appeared before the Committee and presented their submissions regarding the conferment of city status to the Municipality of Eldoret. The Governor of Uasin Gishu County and the committee that was formed for the conferment of the municipality has done a wonderful job and allowed us to see the beautiful city of c…

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The Temporary Speaker (Sen. Veronica Maina)

The division is deferred under Standing Order No. 66 (3) and will be done during the next session of Senate, that is next week on Tuesday. We are also going to re arrange the Order Paper to enable us conduct the business that is to be conducted in view of the Members who are in the Senate today. Clerk, please call out order No. 19.

[(Putting of the Question on the Motion deferred)]

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Chute, when the House resumes, you will have a balance of five minutes for you to conclude on your contributions to this particular Bill. Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until Tuesday, 7th November, 2023 at 9.00 a.m. The Senate rose at 6.30 p.m.