Senate · Afternoon Sitting

Serjeant-at-Arms, kindly ring the Quorum Bell for five minutes. Ring again for five more minutes. We have not yet achieved the threshold. Hon. Senators, we now have the requisite quorum. Clerk, let us proceed.

[(The Quorum Bell was rung)]

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon, of a visiting delegation from the Parliament of Uganda. The delegation comprises parliamentary officers 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)]

Sen. Cherarkey has a Petition to present. Since he is not around, the Petition is deferred. Let us go to the next Order.

[(Petition deferred)]

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 30th March, 2023- Report on the Mung Beans Bill (Senate Bills No.13 of 2022)

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

Proceed, Chairperson of the Committee on Labour and Social Welfare.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to make this Statement. This is a request for Statement on the grabbing of land---

Chairperson, Committee on Labour and Social Welfare, there is a Paper that you are supposed to lay. Kindly, approach the Clerks-at-the-Table because we are not yet on Statements. You are ahead of time.

[(Sen. Murgor consulted with the Clerk-at-the-Table)]

Sorry. Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 30th March, 2023- Report on the Employment (Amendment) Bill (Senate Bills No.11 of 2022)

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

Let us go to the next Order. The Chair of Committee on National Security, Defence and Foreign Relations, Sen. Cheptumo.

Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion -

AWARE THAT, Kenya is a multi-ethnic country with a rich diversity of cultures, languages and traditions; FURTHER AWARE THAT, ethnic minorities and marginalized communities face significant social, economic and political challenges including discrimination, marginalization and exclusion; ACKNOWLEDGING THAT Articles 10 (2) b, 21(3), 27, 56, 91(1)(c), 100, 174(e), 177(1)(c), 204(3)(b), 216(4) and the…

disruption of educational programs and 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 THE…

Thank you. Let us go to the next Order. We have two or three Statements. Hon. Senators, you will realize that we spend a lot of time on Statements and Members wishing to make comments on them. We are on the Statements hour and it should be followed strictly. If we save time, we can get to the Motions. Many Members who have Motions on the Order Paper approach the Chair every time requesting wheth…

Thank you Mr. Deputy Speaker, Sir, for giving me this opportunity to make this Statement. Mr. Deputy 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 on grabbing of land belonging to Kanyarkwat Group Ranch in West Pokot County. In the Statement, the Committee should-

The next one by Sen. Abass.

Mr. Deputy Speaker, Sir, I rise, pursuant to Standing Order No.53

Let us get to the Statement by the Chair of the Committee on Justice, Legal Affairs and Human Rights (JLAHRC) under Standing Order No.56 (1) .

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to issue a Statement on the activities of the

Standing Committee on Justice, Legal Affairs and Human Rights for the period 13th October, 2022 to 29th March, 2023. The Standing Committee on Justice, Legal Affairs and Human Rights is established under Standing Order No. 228 (3) of the Senate Standing Orders and is mandated inter alia to consider all matters relating to; constitutional affairs in the organisation, administration of law and just…

Thank you, the Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights (JLACHR) . I thank you for showing that direction. In the Liaison Committee, we unanimously agreed that we need to have Quarterly Reports from the Chairpersons. A request will be in the Senate Business Committee (SBC) next week, so that Chairpersons can get an opportunity to come and brief the House on…

Mr. Deputy Speaker, Sir, it is because of the side where I am sitting. I am not used to it. I commend the good work that the Chairperson has done with his Committee. I know that one and the Senate Majority Leader will confirm that previously, that was done. After every three months, the Chairperson would come and give the Report of his Committee.

However, I have listened to one Petition that if my memory serves me right, was brought by Sen. Sang now Governor of Nandi County concerning a certain community in Nandi. I do not know whether it is Talai. It was brought and the Senate Majority Leader would confirm because he was there. It was brought by Governor Sang and again by Sen. Cherarkey. My worry is this, are we just doing some investiga…

That is a valid concern. However, now maybe the owner of the Petition is not aware that the Petition was executed by another Senator sometimes back. Therefore, the Chairperson of the Committee will work on it to know whether for sure they need to go back there or whether there is any report which was tabled here. If there is any other report, then the Secretariat can advise you accordingly and you…

Thank you, Mr. Deputy Speaker, Sir. Pursuant to Standing Order 57 (1) , I hereby present the business of the Senate for the week commencing Tuesday, 11th April 2023. As you are aware, the Senate will proceed on a one-week recess at the rise of the House today until Monday, 10th April, 2023. Regular Sittings of the Senate will resume on 11th April 2023. There are twenty two (22) Bills that have b…

Concerning Bills that are under consideration by respective Standing Committees, I urge the Committees to expeditiously conclude this process and to table reports pursuant to Standing Order No. 148 (1). On this matter, I implore the Chairperson of the Liaison Committee to intervene, so that reports on these Bills are tabled within the stipulated timelines With respect to Petitions, the Senate has…

Let us use these religious occasions to undertake an introspection, reconnect with our creator and emerge stronger servants of the people and even reflect on the challenges our country faces. Mr. Deputy Speaker, Sir, you may have keenly noted that our colleagues – mostly from the Minority side – are not with us this afternoon. I have been informed that most of them are out in the streets protesti…

supporters to terrorise them. They thought that would be the end of politics and the beginning of nation building. In conclusion, I wish to urge our colleagues in the Minority side to come back to their senses and stop blackmail and economic terrorism that they are ravaging and running on the people of Kenya. There is no better way to describe what you are doing to your country. You cannot wish t…

Thank you, Senate Majority Leader. Hon. Senators, I want to re-arrange the order of business. Business appearing as Orders No.8, 9 and 10 stand deferred.

Let us now go to Order No.11.

The last Sitting is not indicated. Sen. Mungatana moved the Bill and was seconded by the Senate Majority Leader, but he still has a balance of 51 minutes. Therefore, you either utilise the 51 minutes and discourage other Senators to sit and wait for you or maybe, spend some few minutes and then other Senators can---

Mr. Deputy Speaker, Sir, I can assure the Senators in the House that I have no intention of doing 51 minutes. I will be brief because I had said many of the things that I had wanted to say that afternoon. Nonetheless, here is something that I just want to conclude on, having read through Bill. Mr. Deputy Speaker, Sir, for purposes of reference, the Bill seeks to give life to Article 43 of our Con…

itself, they have found solace in visiting Kenyans who live in the informal settlements. Of course, many of them live there because of the challenges of life. Perhaps even on a Monday afternoon, you will find them at home because of lack of a working opportunity. Mr. Deputy Speaker, Sir, we have affordable housing as a key pillar under the manifesto of the Kenya Kwanza administration. One of the …

intends to put more than 400,000 hectares under irrigation; where investors will come and book portions. Mr. Deputy Speaker, Sir, the first lot of 20,000 hectares is ready in Galana Kulalu as we speak today. A company known as Twiga Feeds is planting maize. That will ensure that unlike the current situation where due to weather conditions and abolishment of the fertilizer subsidy programme in the…

which the only way to cut and ensure you have a sustainable life, is guaranteeing this right. Mr. Deputy Speaker, Sir, the same can be said on education, medical treatment and so on and so forth. These are the social rights that are spoken about in Article 43. Sen. Mungatana is guiding us and providing an avenue and a council. When this council is set up, they will tick and see through every Gove…

Thank you, Senate Majority Leader. Hon. Senators, this is now the time for you to make your contributions to this Bill. Sen. Tabitha Mutinda had made a request to speak on this Bill but she is not in the House. Sen. Veronica Maina, kindly proceed.

[(Question proposed)]

Mr. Deputy Speaker, Sir, we have considered this Bill from the Committee on Justice, Legal Affairs and Human Rights and made certain observations on what has been presented here today.

[[The Deputy Speaker (Sen. Kathuri) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

Mr. Temporary Speaker, Sir, the Bill is timely. This is because it brings into fore or legislates upon very useful social and economic rights which have not been legislated upon. Article 21(1) and (2) of the Constitution impose a duty on the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms provided for in the Constitution. The State…

on Human Rights (KNCHR) and the National Gender and Equality Commission (NGEC). The Bill gives some of the mandate to only one of the commissions while the two commissions have the mandate concerning economic and social rights. The Bill needs to clarify between the two commissions. How do you distinguish the functions of KNCHR and NGEC? It needs to be clear. Distinct functions need to be assigne…

Mr. Temporary Speaker, Sir, the Committee also felt that the Bill did not address instances such as insecurity contributed by non-realization of economic and social rights either as a cause or effect of such insecurity and the interventions to be taken to ensure that citizens residing in such areas enjoys the economic and social right as enshrined in the Constitution. Mr. Temporary Speaker, Sir a…

since this Constitution came into force, there has not been an attempt to start consolidating and implementing or monitoring the realisation of social and economic rights. Though the Government has been doing quite a bit in this area, there then needs to be an accountable legislative framework that then calls that Article into some form of order or into some form of accountability insofar as its …

Sen. Veronica Maina, there is an intervention from Sen. Kavindu Muthama.

Point of order, Mr. Temporary Speaker, Sir. We have no quorum for this Senate sitting. We have no quorum in the House.

Sen. Kavindu Muthama, I believe you are notifying the Temporary Speaker, under Standing Order No.41. Hon. Senators, I am asking the Clerk under the provisions of Standing Order No.41 to ring the Division Bell for five minutes.

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

[(The Division Bell was rung)]