Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

Serjeant-at-Arms I am informed we now have quorum. Kindly stop the bell. Order, hon. Senators, let us take our seats and transact our business. Clerk, you may proceed to call the first order.

Sen. Cheptumo, you are holding us. Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon, a visiting delegation from the United States of America (USA) with interest in the economic and

political sector. The delegation is in the Senate on a courtesy call to the Senator for Nairobi City County, Sen. Sifuna. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit.

[(Applause)]

Thank you, Mr. Speaker, Sir, for the opportunity to greet the delegation and welcome them to the Senate this afternoon. This, of course, is the “Upper House” of Parliament. We are 47 elected and 20 nominated Senators that sit here every week. I hope their stay and visit is successful. We hope to meet even on the corridor downstairs throughout the afternoon or after the sitting. Enjoy your time. I…

Next Order.

I wish to report to the Senate, that pursuant to Standing Order No.46 (3) and (4) , I have received the following Message from the Speaker of the National Assembly regarding the decision, by the National Assembly, on the Senate amendments to the County Governments Additional Allocations Bill (National Assembly Bill No.23 of 2023) . The Message, dated Tuesday, 28th November, 2023 was received in t…

convey the said decision of the National Assembly to the Senate and seek the appointment of Senators to the Mediation Committee on the Bill.’’ Hon. Senators, The Speaker of the National Assembly, consequent to the said decision, appointed the following Members of the National Assembly to the Mediation Committee to consider the Bill, in accordance with Article 113 of the Constitution -

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.52 (1) to make a Statement of general topical concern. It concerns the urgent need to discontinue the curfew in major towns and centres in Aroo Sub-county, Turkana County. I address this Statement with a matter of urgency and importance that directly affects the livelihoods, security and well-being of our constituents in Aroo Sub-…

Sen. Nyamu, kindly take your seat.

Mr. Speaker, Sir, the primary purpose of a curfew in insecurity prone areas is typically to enhance security and protect citizens from potential threats during certain hours. If it is observed that the curfew is not effectively achieving these goals, its continuation may be questionable, since security officers seem to be selectively allowing some vehicles and persons to move during exceptional ti…

this matter seriously and collaborate to find solutions that will enhance security without unduly impacting the lives and livelihoods of our people. Thank you, Mr. Speaker, Sir.

Sen. Madzayo.

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

What is your point of order, Sen. Kinyua?

Mr. Speaker, Sir, I wanted your guidance because the same Statement was sought yesterday by Sen. Crystal Asige. I just want your clarification.

Proceed,

Thank you, Mr. Speaker, Sir. The KNEC erroneously awarded some candidates wrong marks and assigned grades and subjects candidates did not sit at all for. Noticeable errors that emerged from various students were the awarding of marks for the Kenyan Sign Language (KSL) subject yet students had not sat for the said subject; and grades in Science and Social Studies and Religious Education were trunca…

Sen. Madzayo, you have another Statement to make under Standing Order No.52 (1) .

Mr. Speaker, Sir, I would, therefore, like call to upon this honorable House, through the Standing Committee on Roads, Transportation and Housing and the Standing Committee of Finance and Budget, to liaise with the counterpart committees at the National Assembly, to pursue the matter to stop any further deductions from Kenyans, and come up with a clear plan on how the Kenya Revenue Authority (KRA)…

Statements pursuant to Standing Order No.53 (1) . Proceed, Sen. Mbugua.

I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Lands, Environment and Natural Resources regarding the illegal dealings at the Ministry of Lands, Public Works, Housing and Urban Development. In the Statement, the Committee should-

Proceed, Sen. Osotsi. Is anyone holding brief for Sen. Osotsi? Statement is deferred.

Proceed, Sen. Nyamu.

Thank you, Mr. 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 on the upsurge of a popular trend known as “Aluta” in Nairobi City and its environs, involving the sale of alcohol and other substances beyond the recommended hours. In the Statement, the Committee should-

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

Sen. (Dr.) Khalwale, you can only rise on a point of order when another Senator is on their feet. By the time you stood on a point of order, Sen. Nyamu had completed making her request for that Statement.

Mr. Speaker, Sir, please indulge me under Standing Order No.1. The debate in this House is not just for our consumption, it is meant for the public. Majority of the Members here are good speakers of the English language. Sen. Nyamu spoke of something called Aluta. I do not know what that means in the English language. Mr. Speaker, Sir, pursuant to Standing Order No.105, I request that you allow S…

Sen. Nyamu, kindly explain what Aluta is.

Mr. Speaker, Sir, the trend I am talking about involves the consumption of alcohol, partying and clubbing on a continuous mode. For instance, you could choose to party from Friday evening and remain in the club until Monday morning.

The youth, in the age bracket of 19 to 40 years are exposed to a partying mood on autopilot mode, nonstop.

[(Applause)]

[(Loud Consultations)]

Order, Members!

Mr. Speaker, Sir, my friend was beautiful and bright. We schooled together at the University of Nairobi, Law School. We were exposed to an environment where our parents were not in campus. We had to make our choices on whether to drink and party non-stop. We lost my friend some years back because of the exposure. I had a doting father who kept checking my every step.

Sen. Nyamu, have your seat.

Mr. Speaker, Sir, I am just trying to demonstrate the effects of---

Sen. Nyamu, please take your seat.

[(Loud Consultations)]

Mr. Speaker, Sir, if you put it that way, someone might assume that this person is partying during normal partying hours. For instance, one might assume that the person is partying from evening to 6 a.m., and then they go home and party again the next day.

[(Sen. Kinyua consulted loudly)]

Order! Sen. Kinyua, do you partake of these parties?

[(Laughter)]

Mr. Speaker, Sir, there are about seven notorious night clubs in Nairobi. I will take you round, if you want, on Sunday morning.

[(Laughter)]

Order! Hon. Senators! Can the Senator be heard in silence? Sen. Nyamu, you can only take me around churches in Nairobi. Please conclude.

Mr. Speaker, Sir, as other people are going to church on Sunday morning, you will see another different type of church. At some point when they are very drunk, they will break into gospel songs, and the Disc Jockey (DJ) will lead them into a mock service in the club. When you see the videos of these parties, you will be very sad because of the age group involved. I would not be very concerned if i…

[(Loud consultations)]

These children do not have a source of income; most of them live with their parents. We should do case studies to find out where the money used for non- stop partying comes from. We could find out that the partying is funded by the popular wababas, taking advantage of our girls. Mr. Speaker, Sir, this trend---

Sen. Nyamu, we have understood what you meant. Let us leave it at that.

Thank you, Mr. Speaker, Sir.

Sen. Lemaletian, please proceed to make your Statement.

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 state of waste management in Samburu County. In the Statement, the Committee should-

Sen. Miraj, please proceed.

Thank you, Mr. 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 unsafe measures and protocols by employees of the County Government of Mombasa, responding to floods disaster in the County. In the Statement, the Committee should-

Thank you, Mr. Speaker Sir. I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the need for construction of feeder roads in the bandit-prone North Rift counties of Turkana, Samburu, Baringo and West Pokot with a view to open up the area and boost security operations. In the Statement, the Committee should-

Proceed, Sen. Chimera.

Mr. 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 recent violent attack on tourists at the Pinewood Beach Resort and Spa in Diani, Kwale County. In the Statement, the Committee should-

Sen. Osotsi, your Statement was called earlier and it was dropped because you were not in the Chamber. However, having explained your absence to the satisfaction of the Chair, you may now proceed to make the Statement.

Thank you, Mr. Speaker, Sir, for giving me an opportunity. I was still chairing the meeting of the County Public Investments and Special Funds Committee (CPIC) .

Proceed, Sen. Mutinda.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding relaying of erroneous results for the 2023 Kenya Certificate of Primary Examination (KCPE) examinations by the Kenya National Examination Council (KNEC) . In the Statement, the Committee should-

Hon. Senators before we move to the Statements by Committee Chairpersons, allow me to make the following Communication- Hon. Senators, as you may recall, at the sitting of the Senate held on Thursday, 5th October, 2023, the Temporary Speaker, Sen. Abdul Haji, MP, directed the Senator for Vihiga County, Sen. Godfrey Osotsi, MP, to substantiate utterances made in the course of debate. The directio…

on the Floor of the House that there are border clashes in Serem and Vihiga? This has not been recorded in any police station.” A reading of the HANSARD indicates that the statement that Sen. Godfrey Osotsi, MP, was called upon to substantiate states as follows - “We have had issues even recently in my county, in the boundary between Vihiga and Aldai at a place near Serem. This was very recent, …

Mr. Speaker, Sir, I have listened to your ruling very carefully. I provided documents and I am not willing to withdraw because I know the event happened. The documents I provided were the documents I have as the evidence. The truth of the matter is that the clashes happened. Even the Kenyans who are watching me today from that region know it happened. I am willing to withdraw from the Chamber.

[(Sen. Osotsi walked out of the Chamber)]

Order! Hon. Senators, I have another Communication to make. What is your point of order, Sen. Kathuri?

On a point of order, Mr. Speaker, Sir. Sen. Osotsi should wait for you to make the ruling because that is the order. I also saw last week that Sen. Sifuna also decided to get out of the Chamber without your ruling. This trend is not really the best practice. The Senator should wait so that you make your ruling because he is chasing himself out of the Chamber.

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

What is your point of order?

Mr. Speaker, Sir, this is not a very light matter as some want just to portray and wish it away. A trend is emerging and if you do not nip it in the bud, you may lose control over this House. You are constitutionally mandated to run this House and bring order. It has become a habit for a number of Senators because they think the Speaker is sending me away. What is that after all? That is why even…

Proceed, Sen. Wambua.

Thank you, Mr. Speaker, Sir. I would have requested Sen. Cheruiyot to substantiate when he says that a trend is being set by a few Senators who are known, but I will not go in that direction. The direction I want to take will be that you gave Sen. Osotsi two options. One was to either withdraw and apologize or walk out of the Chamber.

[(Several Senators consulted loudly)]

Order, hon. Senators. May the Senator be heard in silence.

If you listen, then you benefit. If you do not listen then if it is your turn to speak, you do not benefit. Sen. Osotsi opted for the option of leaving the Chamber. After that, we moved to the next order. On our side as leadership of the Minority, we are also finding it very difficult to reconcile ourselves with the growing trend where Members seated in the Chamber want

to take up the role of the Speaker and direct the Speaker on how to conduct the business of this House. As leadership of this side, we take great exception to that trend. I thank you.

Hon. Senators, let us not spend more time on this particular matter because on both sides - as you speak - you are basically trying to tell the Speaker that you had better run this House in this manner. Now let me go straight to the case at hand. The case of Sen. Osotsi, having read the ruling, the first option given was for the Senator to withdraw and apologize. I stated that if he was unable to…

Hon. Senators, I have the following Communication. As you may recall, during the morning sitting of the Senate held on Wednesday, 22nd November, 2023, the Temporary Speaker, Sen. Abdul Haji, MP, directed Sen. Samson Cherarkey, MP, to withdraw from the precincts of the Senate for disorderly conduct, pursuant to Standing Order No.98 (4) . Standing Order No. 98 (4) states that- “The Speaker shall or…

It is on this basis that the then Temporary Speaker, Sen. Abdul Haji, MP, ordered Sen. Cherarkey to withdraw from the precincts of the Senate as Sen. Cherarkey was creating disorder by unnecessarily interrupting the proceedings and consulting in a disruptive manner. Honourable Senators, you will also recall that at the sitting of the Senate held on Tuesday, 28th November, 2023, the Senator for Ka…

We will proceed to Statements pursuant to Standing Order No.56 (1) . These are the Statements by Committee Chairpersons. Chairperson Standing Committee on Agriculture Livestock and Fisheries, proceed. We will now move to the Statement by the Chairperson Standing Committee on Health. The first Statement by the Chairperson on Agriculture, Livestock and Fisheries is deferred.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Oder No. 56 (1) (b) to make a Statement relating to the activities on Standing Committee on ICT for the period between 1st July, 2023 to 30th November, 2023. Mr. Speaker, Sir, during the period under review, the Committee held a total of 18 sittings, during which it considered one legislative proposal, nine statements and three inquiries. …

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

The next Statement is by the Chairperson of the Committee on Justice, Legal Affairs and Human Rights

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No. 56 (1) (b) to make a Statement on the activities of the Standing Committee on Labour and Social Welfare for the period commencing 1st July, 2023 to 30th November, 2023. During the period under review, the Committee held a total of 63 sittings, considered two Bills, six Petitions and 64 Statements. The Committee also considered two leg…

Thank you. Next is Statement under Standing Order No. 57 (1) . The Senate Majority Leader. Sen. Methu, you are out of order. I can see you are on an intervention for a point of order. What is your point of order?

[(Sen. Cheruiyot consulted with Sen. Methu)]

Mr. Deputy Speaker, Sir, that one needs mentorship.

[(Laughter)]

Senate Majority Leader, you have the Floor.

Thank you, Madam Temporary Speaker. I beg to move that the Water (Amendment) Bill (National Assembly Bills No.33 of 2023) be now read a Second Time. This Bill was published in the Kenya Gazette Supplementary No.108 of 2023 dated 4th July, 2023. It was considered by the National Assembly and passed on the 25th of August. After that, the Bill was referred to us for consideration. The principal obj…

Sen. Mungatana, you have the Floor.

Madam Temporary Speaker, I thank you for giving me the opportunity to make my contribution to the Water (Amendment) Bill, that has just been very ably moved by the Senate Majority Leader, Senator for Kericho County, Sen. Aron Cheruiyot. I congratulate the Mover of the Bill. This is because he has pointed out to a few but very important issues that we are facing around water within the counties. …

[(Sen. Tabitha Mutinda and Sen. Oketch Gicheru consulted loudly)]

Madam Temporary Speaker, can I be protected from the Senators?

Sen. Tabitha Mutinda and Sen. Oketch Gicheru, kindly, consult in low tones.

Madam Temporary Speaker, imagine if a private person was a partner to TAWASCO and a shareholder, he or she would look for all these requirements. He or she would turn hell and heaven to make sure they access the grants. That person would go to any length, even to commercial banks, to make sure that they get the best equipment and personnel to carry out the works. Even the kind of charging system …

employment and skills development in that area considering there are people who specialize in that area. Madam Temporary Speaker, the other day, we sat as the Senate Committee on Energy and talked with suppliers of electricity meters. We discovered that the suppliers of electricity meters were only six and their biggest customer is Kenya Power. Those are the ones who can manufacture and most of t…

legislation that will mirror policy frameworks, so that our people can have the full benefit of an administration that is responsible. For this time, the State House occupant at this time, His Excellency the President has taken time to make sure that what he is talking about and what was done in the campaign trail, that some people have sat down to think about the policy framework and the legisla…

Sen. Tabitha Mutinda.

Thank you, Madam Temporary Speaker. I start by saying that water is a key basic commodity for each and every household. Each and every woman, youth and man need water. I am coming from a point of being a Member of the County Public Investments and Special Funds Committee (CPIC) . Madam Temporary Speaker, as Members of this Committee, we have been privileged. I am happy that Sen. Mungatana has had…

We came across non-revenue water, which according to the WASREP Regulations, should be about 25 percent. The water loss percentages that were indicated across most of them ranged as high as even 50 percent. Most of them blamed the COVID-19 pandemic that occurred in 2020 and 2021. The water losses ranged from the physical and commercial water loss perspectives. The other issue was the going concer…

because Article 175 of the Constitution of Kenya, 2010, states that they are the CEOs of these different counties. For us to ensure we improve on the water service provision for the different counties, then there should be much more support to the water companies by the governors in different counties, which some counties have done. For some, it has been also political and chaotic whereby some ag…

Sen. Oketch Gicheru, please proceed.

Thank you, Madam Temporary Speaker. I know that the Majority Leader perhaps is within the premise of the Chambers. I wish that he could listen in on some of the feedback that we want to give on this particular Bill. I believe that this Bill is critical as it affects one of the most essential functions of governance that is fully devolved. Water is unlike any other function that is fully devolved. …

healthcare, especially when you get into a situation where you have terminal diseases, it becomes the hardest thing you can ever experience. That is what we are facing with water in this country. To the extent that if water was fully commercialized and commercial viability becomes the only angle with which you want to get water in this country, then it becomes a commodity that will be out of reac…

For instance, Clause Four of the Bill proposes the amendment of Section 68 of the Act to provide for additional functions of Water Works Development Agencies. I am a Member of the County Public Investments and Special Funds Committee. This entire year, one thing that I have been doing together with my colleagues, and under the leadership of our able Chairperson, the Senator for Vihiga County, Sen.…

sheets, but on the other side, the servicing of vehicles, the equipment and every single infrastructure that are used for water provision in those counties are left to the water service providers. This is straining governors and the counties. You can imagine where we have serious delays like now, in exchequer releases where counties are trying to get money to be able to run different functions. W…

Our biggest problem in this Committee is the response by WASREB to those kinds of problems. To them, the issue becomes the tariffs. If there is non-revenue water in any region, WASREB will review, impose or keep regulating the tariffs. Madam Temporary Speaker, we do not need WASREB. If the issue is about safe and good water for people to consume, give governors power to take control of standards …

Sen. Oketch Gicheru, you will have a balance of two minutes, when debate on this Bill resumes.