Senate · Afternoon Sitting

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

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

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of visiting officials and interns from the Institute of Economic Affairs, Kenya. Two of the interns are undergraduate students at the American University in Washington DC and one at the Univeristy of Passau in Germany. They are on a one day study tour in the Senate. Hon. Senators, in our usual traditio…

Thank you, Mr. Speaker, Sir. On behalf of the senate, I would like to welcome the visiting interns from the Institute of Economic Affairs, one of the most distinguished and decorated think tanks that we have in this Republic. Mr. Speaker, Sir, you will struggle to find their peers, both locally, regionally and even globally. Despite the fact that they may not have the stature in terms of a brand …

with the direction that the Government was taking. They would give substantive reasoning behind their points of departure. There are not many such institutions in our country. Mr. Speaker, Sir, for us to get a visit by these distinguished members, who work in that particular institution, is a great honour. I believe that in the course of their visit, they will interact with the various Committees…

Thank you, Mr. Speaker, Sir. On behalf of the Senator for Kitui County, Sen. Wambua, I welcome the team from Kitui County. Recently, we went to there with Sen. Wambua, when he was making his address to the county, with quite a number of Senators, including Sen. Tabitha Mutinda, who is originally from Kitui County. She is part of Nairobi and Meru team. We were treated very well. I hope Members wil…

Next Order. Sen. Maanzo, I did not get you.

Mr. Speaker, Sir, with your permission, I pleaded with you to also allow, Sen. Tabitha Mutinda who comes from the same county where we were recently welcomed. As I said, she is also from Nairobi and Meru counties. So, I was seeking to donate a minute to her. Thank you, Mr. Speaker, Sir.

Sen. Maanzo, you had a minute which you utilised fully. Which another minute is this that you are donating?

Mr. Speaker, Sir, I just seek your indulgence, with your permission.

Sen. Tabitha Mutinda, I give you one minute.

Thank you, Mr. Speaker, Sir. I am humbled for giving me this opportunity. I am not feeling well today, but I am happy to see my motherland delegation, which is Kitui County. We visited Kitui County and they welcomed us with the Eastern Delegation well. I offer the same and welcome them to the ‘Upper’ House of this Parliament, the Senate. As you go back to our people and my motherland, Kitui Count…

Clerk, proceed to the next Order.

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No. 232 (1) (b) , I hereby present to the Senate a Petition submitted by the Kajiado Municipality Clothes Market Traders who are citizens of the Republic of Kenya and residents of Kajiado County. As you are aware, under Article 119 (1) of the Constitution, I quote- “Every person has a right to Petition Parliament to consider any matter withi…

Senators, kindly, resume your seats. Hon. Senators, pursuant to Standing Order 237, I shall now allow comments, observations or clarifications in relation to the Petition for not more than 30 minutes. The Floor is now open. Proceed, Sen. Beatrice.

[(Sen. Cherarkey and Sen. Kavindu took their seats)]

Thank you, Mr. Speaker, Sir, for giving me the chance. I rise to support the petition by Ann Gitau on behalf of Kajiado Municipality Clothes Market Traders concerning the refurbishment and expansion of Kajiado Municipality. Mr. Speaker, Sir, the Urban Areas and Cities Act provided for the creation of municipalities in our counties. The municipalities as they were, are supposed to be points of gro…

Proceed, Sen. Cherarkey.

Mr. Speaker, Sir, I rise to support this Petition. I thank Sen. Seki, the Senator of Kajiado County. I also welcome my brother, Kevin Katisya, the Speaker of Kitui County Assembly, and his team to the Senate. Speaker Katisya is a very good friend of mine and he knows that I am one of the best champions of MCAs in the country at the moment. Mr. Speaker, Sir, I support this petition because markets…

We must agree that the dilapidated and pathetic state of markets is the cause of most of these diseases. The other day, I saw there was an outbreak of cholera. If you go to Gikomba and across many markets very early in the morning, you find women, men and young people waking up as early as 4 a.m. to use those markets. Most of these markets are very dirty with no running water. The sad state of af…

On a point of information.

Sen. Cherarkey, would you wish to be informed?

Is it a point of order or information?

Okay. He can inform me today only.

Mr. Speaker, Sir, I would like to inform the Senator for Nandi that Mombasa has a storey market. Kongowea Market has a storey facility. So, there is no problem in Mombasa.

Sen. Cherarkey, please, proceed.

Thank you, Sen. Faki, for that information. Mr. Speaker, Sir, I was Sen. Faki’s Chair and I can see he is learning quickly.

Just proceed.

Mr. Speaker, Sir, it was on a light note. As much as we have Kongowea Market, we can still add others because Mombasa is a city. In conclusion, Kapsabet Market is in a pathetic condition. There is no running water and electricity and workers have no way of collecting garbage. Can you imagine the market was built during pre-colonial times? I know most of the markets across the country, including …

Sen. Orwoba, proceed.

Mr. Speaker, Sir, I rise to support the Statement on the Kajiado Municipality Clothes Market.

[(Sen. Ali Roba crossed the Floor without bowing to the Chair)]

On a point of order, Mr. Speaker, Sir. Did you see what the Senator for Mandera County did? He crossed from that side to this side looking at you. When he heard me requesting for a point of order, he went to the Bar. Can you warn the Senator for Mandera to behave in a manner that suggests that he is a senior leader in this House?

Sen. Ali Roba, you stand cautioned for the day. Proceed, Sen. Orwoba.

Mr. Speaker, Sir, I rise to support the Petition on Kajiado Municipality Clothes Market. My contribution towards this mainly is to point out that while we are striving to ensure that we have market places for our traders, there has been a common theme; that once the tender has been put out and awarded, there are always delays in execution of construction in different parts of the country. At one …

Sen. Wambua, you have the Floor.

Thank you, Mr. Speaker, Sir, for this opportunity to also make a comment on this Petition. First, I thank the petitioners for choosing to bring this matter to the Floor of the Senate. That is in itself a manifestation of the faith and confidence that the people of Kajiado have in this Senate. They believe that this matter will be better canvassed here. Without going into the details of this Petit…

Proceed. You have one minute.

Mr. Speaker, Sir, I would like to take this opportunity to warmly welcome the visiting delegation from Kitui County lead by our able Speaker, Hon. Kinengo. For the information of this House, Hon. Kinengo is the youngest Speaker in the county assemblies in Kenya. He is doing a good job with his team. I take this opportunity to warmly welcome them to the Senate to see the Floor on which their Senat…

Hon. Senators, having utilised fully the 30 minutes allowable under Standing Order No.237, I will proceed to make the following directives. Sen. (Dr.) Khalwale, Sen. Cherarkey and Sen. Wambua, kindly have your seats. Hon. Senators, pursuant to Standing Order No.238 (1) , the Petition should be committed to the relevant Standing Committee for its consideration. In this case, I direct that the …

[(Sen. (Dr.) Khalwale, Sen. Cherarkey and Sen. Wambua sat at their places)]

Devolution and Intergovernmental Relations) Before, the Clerk calls the Next Order---

Hon. Senators, before the Clerks call out the next Order, pursuant to Standing Order No.45 (2) , I will proceed to arrange the sequence of today’s business. We will proceed with Order Nos.11 and 12 and then, we will resume the normal business as outlined in today’s Order Paper. Clerk, kindly, proceed to call that Order.

Serjeant-at-Arms, kindly, ring the Division Bell for five minutes.

[(Division Bell was rung)]

Serjeant-at-Arms, kindly, close the doors and draw that bar.

[(The Bar was drawn and doors were closed)]

[(Loud consultation)]

[(Laughter)]

She has no vote. So, Hon. Senators, you can now proceed to vote by either pressing yes, no or abstain. Kindly, proceed to vote. Clerk! Hon. Senators, the technology has failed us today. Therefore, we shall proceed manually in these two divisions, but we may end up taking a while. To save time, I will put the question for the second Division, so that when your name is called, you vote twice. Firs…

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

(Question put)

Let us proceed and appoint tellers for the ‘noes’ and ‘ayes.’ Is the teller for the noes Sen. Chimera or Sen. Kibwana? So, Sen. Kibwana is the teller for the noes and Sen. Orwoba is the teller for the ayes.

Clerk, you can proceed to call the names.

[(Voting in progress)]

Clerk, can you provide the wireless microphones? When I rise, I wish to see the Head of Information, Communication and Technology (ICT) . This cannot be tolerated.

[(Voting in progress)]

Hon. Senators, to save time, just say ‘I vote yes for the Bill and the Report’.

[(Voting in progress)]

Gataya Mo Fire, Tharaka-Nithi County; Sen. Kathuri, Meru County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo-Marakwet; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Methu, Nyandarua County; Sen. (Dr.) Murango, Kirinyaga County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicher…

Sen. Munyi Mundigi, Embu County and Sen. Mwaruma, Taita-Taveta County.

Hon. Senators, the voting is now complete and the results are as follows:

Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka-Nithi County; Sen. Kathuri, Meru County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo-Marakwet; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Methu, Nyandarua County; Sen. …

Sen. Munyi Mundigi, Embu County. Teller of the Noes: Sen. Kibwana.

The results on the Division are as follows:

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 4th May, 2023- Report on the Auditor General on the Financial Statement of the Kiambu County Education Bursary Fund for the year ended 30th June, 2022 Report of the Auditor General of the Financial Statements of the Limuru Water and Sewerage Company Limited for the year ended 30th June, 2022

The Chairperson Standing Committee on Trade, Industrialization and Tourism, kindly proceed to lay your Paper

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 4th May, 2023:

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

Next Order!

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 52 (1) to make a Statement on a matter of general topical concern, namely; Neglected Tropical Diseases (NTDs) that affect over one billion people globally and are responsible for significant morbidity and mortality. The Constitution of Kenya under Article 43 (1) (a) and Section 5 of the Health Act provide for the right to the highest …

and morbidity vary substantially from one place to another because of diverse local factors, such as prevention measures in place, access to health services, economic status and socio-cultural aspects of the affected communities. Mr. Speaker, Sir, approximately 25 million Kenyans suffer from at least one NTD (mostly the poor and vulnerable), Kenya has yet to eliminate NTDs because 17 of the 20 co…

The next Statement is pursuant to Standing Order 53 (1) . Sen. Okenyuri, you have the Floor.

Mr. Speaker, Sir, I rise pursuant to Standing Order 53 (1) , to seek a Statement from the Standing Committee on Education regarding payment of teachers who invigilated and marked the 2022 KCPE and KCSE examinations. In the Statement, the Committee should –

Sen. Onyonka had requested to speak, but he is not in the Chamber. Why do Senators log in and walk out? Sen. Wafula, proceed.

Asante, Bw. Spika, kwa nafasi hii. Ningependa kuchangia Taarifa ya Sen. Okenyuri kwamba walimu wa nchi wanachekwa na jamii. Ukiangalia jinsi taasisi inayohusika na maswala ya walimu huharakisha na walimu hawapati nafasi kufanya kazi zao za ziada ili kuongeza kipato. Ukiangalia jinsi walimu hawa wamekuwa wakisahihisha mitihani hii na mchakato mzima, inastahili Serikali iwe imetenga fedha za kuwali…

Thank you, Mr. Speaker, Sir. I rise to support the Statement by Sen. Okenyuri. Some of us have been teachers so we know the role teachers play in the invigilation and marking of exams. It is unfortunate that the results are already celebrated nationally and a number of people are excited by the results they got. However, failure to pay these invigilators shows lack of gratitude to the teachers t…

Bw. Spika, naunga mkono Sen. Okenyuri kwa kuangazia mambo ya walimu. Mtu anayefaa kuheshimika Kenya hii ni mwalimu, kwa sababu anafanya kazi yote. Walimu vile vile hufunza kuanzia madarasa ya chekechea hadi shule za upili. Shule zinapofungwa, walimu husimamia na kusahihisha mitihani angalau wapate marupurupu. Vile vile, husimamia uchaguzi. Ni jambo la kushtusha kwamba Serikali ya Kenya haijawalip…

Mr. Speaker, Sir, there is a saying that goes; ‘what is good for the goose, is good for the gander.’ When any Government institution is owed money, they rush into charging penalties and interests. That situation should be the same when it comes to the issue of paying teachers who take their time to go through papers and mark them. In this case, it is even tougher because students pay to do the exa…

Sometimes, when we look at Statements, we may invite the Cabinet Secretary for Education and ask him why the KNEC is dilly-dallying when it comes to paying teachers who have worked. In order to have finality on this issue, the most logical way is to peg this with the amount of money that is paid by the candidates for them to do those examinations. However, candidates do not sit examinations for fr…

Let us move to the next Statement by Sen. Kathuri.

Mr. Speaker, Sir, I support Sen. Kathuri for this wonderful Statement. The issue of miraa is critical because it is one of the cash crops grown by the Meru Community. It is unfortunate because of the harassment when people use the SGR to take goods and services in order to offset the loan that was taken through Exim Bank and China, famously known as the ‘Road to Shanghai’. We have had cases of t…

We move to the next Statement by Sen. Munyi Mundigi.

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 construction of a bridge on Tana River at Kiromboko-crossing in Kiambeere Ward, Embu County, connecting to Kitui County. In the Statement, the Committee should: -

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

The next Statement is by Sen. Gataya Mo Fire.

Thank you, Mr. Deputy Speaker, Sir. I rise to request a Statement on the state of electricity and connectivity in Tharaka-Nithi County. I rise, pursuant to Standing Order 53 (1) , to seek a Statement from the Standing Committee on Energy regarding the connectivity of electricity in Tharaka Nithi County. In the Statement, the Committee should-

The next Statement is by Sen. Kibwana.

Mr. Deputy Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Energy regarding the fuel subsidy programme by the national Government. In the Statement, the Committee should-

Thank you, Sen. Cherarkey. Senator of Kajiado County, Sen. Seki, please, proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Senate Standing Committee on Agriculture, Livestock and Fisheries regarding the impact of recent drought on the livestock industry in Kenya. In the Statement, the Committee should-

Thank you, Mr. Deputy Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Health regarding medical staff working in more than one hospital in Nairobi County. In the Statement, the Committee should:

The next Statement is by Sen. Ogola.

Thank you. Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy regarding the large number of faulty transformers in Homa Bay County. In the Statement, the Committee should:

Thank you very much, Mr. Deputy Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Health regarding the status of the medical insurance scheme for workers in the County Government of Kiambu, specifically, those working in the county executive. In the Statement, the Committee should:

Thank you, Mr. Deputy Speaker, Sir. As the Chairperson of the Standing Committee on Roads, Transportation and Housing, I wish to make the following Statement under Standing Order. No. (56) (1) on the Status of the consideration of three Statements. Standing Order No.56 (1) (a) provides that the Chairperson of a Committee may make a Statement relating to the legislative business before the Committ…

Thank you, Chairperson Committee on Roads, Transportation and Housing. Let us now go to the other Statement pursuant to Standing Order No.57 (1) by the Senate Majority Leader.

Thank you, Mr. Deputy Speaker, Sir. Pursuant to Standing Order No. 57 (1) , I hereby present the business of the Senate, for the week commencing Tuesday, 23rd May, 2023. As hon. Senators will recall, the Senate Standing Orders were amended to provide for the appearance of Cabinet Secretaries at Plenary to respond to Questions filed by Senators. So far, we have had two sittings on Questions. Given…

24th May, 2023 during the morning sitting. The summary of the Questions and the Cabinet Secretaries to appear on that day are as follows-

Thank you, Senate Majority Whip. Let us go to the next Order.

Hon. Senators, we concluded business under Order Nos. 11 and 12. Let us now go to Order Nos.13.

Hon. Members, according to my record, this Motion was concluded. Therefore, I will put the question. Hon. Senators, I defer Order Nos. 14, 15, 16, 17, 18, 19, 20 and 21.

[(Question put and agreed to)]

two to three block radius, and with reverberations being felt in most parts of Nairobi that resulted in 213 Kenyans and 12 Americans killed and over 5000 citizens of both countries being seriously injured. NOTING THAT, US Allies, including Kenya, have endured the great burden of death, and long-term and in many instances permanent, physical and psychological injury. FURTHER NOTING THAT, the United…

(Motion deferred)

Millennium Development Goals to SDGs and the mainstreaming of the SDGs at both the National and County Governments; CONCERNED THAT, the implementation of the 2030 agenda for sustainable Development in Kenya has been affected negatively by shocks such as continued drought since 2019 in Kenya and around the world, serious invasion by desert locusts, the COVID-19 pandemic and other public health cala…

Let us go to Order No.22. Sen. Kibwana, kindly move the Motion.

Mr. Deputy Speaker, Sir, I beg to move the following Motion- AWARE THAT, police officers are usually first responders and are often exposed to traumatic scenes and chronic stressors such as, dangerous situations, injuries and violence coupled with the need to report and testify about psychologically stressful scenes; COGNIZANT OF, a survey done by the National Police Service Commission in 2022 whi…

May we get a seconder?

I request Sen. (Dr.) Khalwale to second the Motion.

Thank you, Mr. Deputy Speaker, Sir. I would second any Motion that speaks to matters of health, any time in this House. I would like to second this Motion as moved and congratulate the originator of the Motion Sen. Kibwana for being mindful of mental health matters. This is a very serious issue. I am persuaded professionally that the tragedy---

Sen. (Dr.) Khalwale, there is an intervention from Sen. Ogola that I am interpreting as a point of order.

Yes, Sen. Ogola.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order 41. From my observation, we are only five Members. Therefore, I propose that we move for adjournment.

The Chair has no eyes. I was not aware that you were only five. I thought you were full House. Kindly ring the Quorum Bell for five minutes. Ring the Quorum Bell for another five minutes.

[(Quorum Bell was rung for five minutes)]

[(Quorum Bell was rung)]

Order Senators. Sen. (Dr.) Khalwale, you have 19 minutes to continue seconding the Motion under Order No.22.