Senate · Afternoon Sitting

Thursday, 3 August 2023

Session Summary

Senators debated the chronic land‑related grievances in Kenya, urging the creation of an ad‑hoc committee to address historical injustices and illegal land grabs. The discussion featured sharp criticism of the government’s terminology and actions, alongside proposals for geo‑spatial planning, mediation centres, and stricter enforcement against unlawful acquisitions. Procedural interruptions and occasional levity punctuated the otherwise contentious exchange. Sen. Sifuna highlighted several challenges in Nairobi City County, including the need to expand ICU capacity, the limited reach of the public‑school feeding programme, and the poor condition of sports facilities despite allocated funds. He criticised delayed resource disbursements and unfulfilled promises to host the African Cup of Nations, urging truthful leadership and better allocation of county resources. Senators debated a draft Equalisation Fund Bill, warning that its provisions may breach constitutional devolution rules and create parallel structures that undermine county functions. They called for clearer mechanisms, extended fund duration, and a lean advisory board, while also seeking statements on electricity connections in Marsabit and the World Coin cryptocurrency project.

T
The Speaker (Hon. Kingi)

Clerk, do we have quorum? We have quorum. Kindly proceed to call the first Order.

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

T
The Speaker (Hon. Kingi)

Proceed, Sen. Okiya Omtatah. Any Senator holding brief for the hon. Senator? Secretariat, this is the second time this Petition is coming up. When it came up yesterday, I dropped it. I have not received any letter seeking to have it reinstated. How did it find itself back to the Order Paper? That Petition stands dropped. Hon. Senators, I have the following Petition to present.

[(Petition dropped)]

T
The Speaker (Hon. Kingi)

I would like to acknowledge the presence in the Public Gallery this afternoon, of visiting teachers and students from Teresia’s Schools, Gilgil, Nakuru County. The group comprises four teachers and 28 students, who are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf…

T
The Speaker (Hon. Kingi)

I would also like to acknowledge the presence in the Public Gallery this afternoon, of visiting teachers and students from Milimani Primary School, Nairobi City County. The group comprises five teachers and 229 students, who are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them.…

T
The Speaker (Hon. Kingi)

Lastly, in the Public Gallery, we have five students accompanied by three teachers from Sabis International School, Nairobi County, who are in the Senate on an educational tour.

T
The Speaker (Hon. Kingi)

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. I will allow the Senator for Nairobi, on behalf of the Senate, to under one minute, to welcome the three delegations.

S
Sen. Sifuna

Thank you, Mr. Speaker, Sir, for giving me an opportunity to welcome the students from the three schools; two from Nairobi and one from Nakuru. On behalf of my colleague, the Senator for Nakuru, who is not in here, I welcome you all to the Senate this afternoon. I hope that you will get an opportunity to learn one or two things during your tour. Mr. Speaker, Sir, I was in Moi Forces Academy this …

T
The Speaker (Hon. Kingi)

The Chairperson Standing Committee on Education can now present their Report. The Senate Minority Leader (Sen. Madzayo) : On a point of order, Mr. Speaker, Sir.

S
Sen. Madzayo) :

Sen. Madzayo, you cannot stand on a point of order on the issue you have shared with me, unless you have a different matter. Hon. Senators, you will recall that sometimes last week, the Senate Minority Leader rose to seek a Statement on the security of the Senators on the Minority side, pursuant to the withdrawal of their security. That matter is urgent. I implore upon the Committee on Defence, …

[(Resumption of debate on Petitions)]

T
The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir. I beg to lay the following Petition Report on the Table of the Senate, today, 3rd August, 2023: Report of the Committee on Education on the Petition concerning payment of pension to teachers who retired between 1997 and 2007.

S
Sen. Seki

Mr. Speaker, Sir, in summary, this Petition is on matters concerning teachers who retired between 1997 and 2007. I thank the Petitioner who brought this matter before the Committee, Mr. Philip K. Too. As a Committee, we deliberated on the issue and involved all the stakeholders. The stakeholders include the Kenya National Union of Teachers (KNUT), the Kenya Union of Primary Education Teachers (KU…

S
Sen. Seki

Mr. Speaker, Sir, in summary, this Petition is on matters concerning teachers who retired between 1997 and 2007. I thank the Petitioner who brought this matter before the Committee, Mr. Philip K. Too. As a Committee, we deliberated on the issue and involved all the stakeholders. The stakeholders include the Kenya National Union of Teachers (KNUT), the Kenya Union of Primary Education Teachers (KU…

T
The Speaker (Hon. Kingi)

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

S
Sen. Cherarkey

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

T
The Speaker (Hon. Kingi)

Mr. Speaker Sir, I beg to lay the following Papers on the Table of the Senate, today, 3rd August, 2023: Kabeere Springs Catchment Protection Area Order, Legal Notice No.104 of 2023. Kajulu Hills Catchment Protection Area Order, Legal Notice No.105 of 2023 Manguo Swamp Groundwater Conservation Area Order, Legal Notice No.106 of

T
The Speaker (Hon. Kingi)

Hon. Senators, before we prosecute that Order, pursuant to Standing Order No.45 (2) , I wish to move to rearrange the sequence of today’s Order Paper. If you look at today’s Order Paper, Order No.9 and 11 are very urgent. We need to pass this Motion and also push Order No.11 to Division, so that we be able to undertake Division on it next week before we proceed on recess. Therefore, I seek to re…

[(Statements and Questions deferred)]

T
The Speaker (Hon. Kingi)

members of the branch. Therefore, Membership is open to all members of the Senate and the National Assembly on payment of the applicable subscription fee. The affairs of each branch are managed by the Executive Committee. Members of Parliament (MPs), who wish to become members of the CPA are required to pay a subscription free of Kshs4,000 for life membership and Kshs1,000 for annual membership b…

T
The Speaker (Hon. Kingi)

members of the branch. Therefore, Membership is open to all members of the Senate and the National Assembly on payment of the applicable subscription fee. The affairs of each branch are managed by the Executive Committee. Members of Parliament (MPs), who wish to become members of the CPA are required to pay a subscription free of Kshs4,000 for life membership and Kshs1,000 for annual membership b…

T
The Speaker (Hon. Kingi)

T
The Temporary Speaker (Sen. Wakili Sigei)

Sen. Mumma, when this House adjourned, you had a balance of 16 minutes to make your contributions. You may proceed.

S
Sen. Mumma

Thank you, Mr. Temporary Speaker. This is a very important Bill. Before we adjourned last time, I had made a point that the law we are making, must align with the Constitution. The key issue that I had mentioned is that we must make this

S
Sen. Mumma

law in a manner that reflects our responsibilities in Article 96 of the Constitution. We know that the Senate’s role is to represent counties and protect the interest of counties. This law must be drafted in such a way that it does not violate the provisions of the Constitution in as far as devolution is concerned. After we adjourned, I read this law. I feel that it may not have captured the basi…

S
Sen. Mumma

One minute? Are you sure? Okay. So, to the Members of the Committee, I will be happy to give my detailed view on some of the clauses. I thank you, Mr. Temporary, Speaker, Sir.

S
Sen. Mumma

Mr. Temporary Speaker, Sir, this law will need to also take into account the fact that this Fund was supposed to last 20 years and it has not been operationalised. I suggest that the Fund will still be relevant twenty years from when it is being implemented. I suggest that we have a Clause that can speak to those issues to ensure that the time is extended. I suggest that the Clauses establishing …

T
The Temporary Speaker (Sen. Wakili Sigei)

One minute, Sen. Mumma.

S
Sen. Mumma

One minute? Are you sure? Okay. So, to the Members of the Committee, I will be happy to give my detailed view on some of the clauses. I thank you, Mr. Temporary, Speaker, Sir.

T
The Temporary Speaker (Sen. Wakili Sigei)

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order 53(1) to seek a Statement from the Standing Committee on Energy on the status of electricity connections in various parts of Marsabit County. In the Statement the Committee should:

S
Sen. Chute

Thank you, Mr. Temporary Speaker, Sir. I am glad you have added 15 minutes for this very important Statement. I will now proceed and read my Statement. I am requesting for a Statement on the status of electricity connection in Marsabit County

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

S
Sen. Chute

S
Sen. Chesang

Thank you Mr. Temporary Speaker. Standing Order 56 (1) (a) provides that a chairperson of a committee may make a Statement relating to a matter for which the committee is responsible. I rise to make a Statement on the matter of the cryptocurrency project world coin currently under consideration by the Standing Committee on Information, Communication and Technology. We all witnessed the long que…

S
Sen. Chesang

In the past, we have witnessed cryptocurrencies being associated with scams and fraudulent schemes. It is essential to implement stringent regulatory measures and protect our citizens from falling victims to fraud activities.

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

T
The Temporary Speaker (Sen. Mumma)

Hon. Members, I wish to guide the House that when we resume debate, we will go back to Order No.11 because we still have Senators who wanted to contribute.

T
The Temporary Speaker (Sen. Mumma)

Hon. Senators, it is now past 6.30