Senate · Afternoon Sitting

Thursday, 7 December 2023

Session Summary

Senator Cherarkey highlighted a range of governance challenges in county administrations, including difficulties staffing internal audit committees, inadequate disclosure of contingent liabilities, soaring legal fees and unchecked wage bills, and stalled infrastructure projects that exceed budget caps. He also raised concerns about excessive revenue allocations to county assemblies, large pending bills and pension liabilities, and weak human‑resource governance, while urging reforms such as better remuneration, use of ADR, stricter financial controls, and legislative amendments to improve accountability. Sen. Osotsi presented a report highlighting challenges with county public investment and special funds, including non‑submission of financial reports and unchecked proliferation of funds, and announced a February stakeholder engagement on water matters. Senator Cheruiyot noted the procedural suspension of the afternoon sitting and moved to adjourn, while also reviewing the Senate's legislative output, petitions, motions, and questions, praising improved bipartisan cooperation and the Mashinani programme. Senators debated Kenya's foreign policy challenges, notably the status of Somaliland and the need for an embassy in Morocco, while questioning the conduct of Principal Secretary Dr. Abraham SingOei. The chamber also discussed the proposed shift to centralised procurement of school learning materials, highlighting practical concerns from teachers. The tone combined constructive policy scrutiny with pointed criticism of officials.

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The Speaker (Hon. Kingi)

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)]

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The Speaker (Hon. Kingi)

Serjeant-at-Arms, I am informed we now have Quorum. Stop the Bell. Clerk, proceed to call the first Order.

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The Speaker (Hon. Kingi)

Hon. Senators I have received three Messages from the National Assembly. I will proceed to report.

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The Speaker (Hon. Kingi)

passage, by the National Assembly, of the National Construction Authority (Amendment) Bill (National Assembly Bill No.59 of 2022). The Message dated Wednesday, 6th December, 2023, was received on the same day in the Office of the Clerk of the Senate. Pursuant to the said Standing Order, I now report the Message. Pursuant to the provisions of Standing Orders No. 41(1) and 142 of the National Asse…

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The Speaker (Hon. Kingi)

I also wish to report to the Senate that, pursuant to Standing Order No.46 (3) and (4) , I received the following Message from the Speaker of the National Assembly regarding the passage by the National Assembly of the Public Service Values and Principles (Amendment) Bill (National Assembly Bill No.46 of 2022) . The Message, dated Wednesday, 6th December, 2023, was received on the same day in the …

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The Speaker (Hon. Kingi)

NOW THEREFORE, in accordance with provisions of Article 110(4) of the Constitution and Standing Orders No.41 and 142 of the National Assembly Standing Orders, I hereby refer the Bill to the Senate for consideration. Hon. Senators, pursuant to Standing Order No.163 which requires that a Bill which originates in the National Assembly be proceeded with by the Senate in the manner as a Bill introduce…

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The Speaker (Hon. Kingi)

I also wish to report to the Senate, that pursuant to Standing Order No. 46 (3) and (4) , I received the following Message from the Speaker of the National Assembly regarding the passage, by the National Assembly, of the Statutory Instruments (Amendment) Bill (National Assembly Bill No.2 of 2023) . The Message, dated Wednesday, 6th December, 2023, was received on the same day in the Office of the…

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The Speaker (Hon. Kingi)

Order No. 144, I will, at an appropriate time, direct the Clerk to read a First Time, the Statutory Instruments (Amendment) Bill (National Assembly Bill No. 2 of 2023). I thank you. Next Order, Clerk.

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The Speaker (Hon. Kingi)

Let us have the Chairperson or any Member of the Committee on Education.

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Sen. Joe Nyutu

Thank you, Mr. Speaker, Sir. I beg to lay the following Petition Report on the Table of the Senate today, Thursday, 6th December, 2023. Report on the Petition concerning payment of 1996 to 2010 arrears for P1 teachers with A Level academic qualification.

[(Sen. Joe Nyutu laid the documents on the Table)]

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The Speaker (Hon. Kingi)

Chairperson, Standing Committee on Labour.

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Sen. Murgor

Mr. Speaker, Sir. I beg to lay the Report on the Petition concerning mismanagement of football in the country. The Standing Committee on Labour and Social Welfare has concluded its consideration of the Petition concerning mismanagement of football in the country by Football Kenya Federation (FKF) . Next Order.

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

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The Speaker (Hon. Kingi)

Senate Majority Leader, proceed.

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Sen. Cheruiyot

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, Thursday, 7th December, 2023- Report of the Ethics and Anti-Corruption Commission on the activities and financial statements for the Financial Year 2021/2022. Thank you.

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

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The Speaker (Hon. Kingi)

The Chairperson, Committee on Agriculture, Livestock and Fisheries.

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Sen. (Dr.) Lelegwe Ltumbesi

Mr. Speaker, Sir, on behalf of the Chairperson of the Committee on Agriculture, Livestock and Fisheries, I beg to lay the following Paper on the Table of the Senate, today, Thursday, 7th December, 2023- Report of the Standing Committee on Agriculture, Livestock and Fisheries on the Tea (Amendment) Bill (Senate Bills No.1 of 2023) .

[(Sen. (Dr.) Lelegwe Ltumbesi laid the document on the Table)]

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The Speaker (Hon. Kingi)

There is a Paper on the International Conference on Great Lakes Region (ICGLR) . Sen. Ali Roba or Sen. Lemaletian to proceed to lay that Paper. In fact, the Senate Majority Leader can lay this Paper.

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Sen. Cheruiyot

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 7th December, 2023. Report of the Parliament of Kenya Delegation to the 13th Plenary Assembly of the Forum of Parliaments of the Member States of the International Conference on the Great Lakes Region (FP-ICGLR) , held in Juba, South Sudan, from March 27th to 1st April,

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The Speaker (Hon. Kingi)

Next Order, Clerk.

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The Speaker (Hon. Kingi)

Sen. Munyi Mundigi, proceed! Mr. Mundigi is not in the Chamber. The Statement is dropped.

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Sen. Okenyuri

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Labour and Social Welfare regarding delay in the operationalisation of the Social Assistance Act, 2013. In the Statement, the Committee should-

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Sen. Okenyuri

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 escalation in ticket prices for flights operating from Mandera County. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Oketch Gicheru.

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Sen. Oketch Gicheru

Thank you, Mr. Speaker, Sir, and a very good morning given the decision taken today. 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 diplomatic relations between Kenya and the Kingdom of Morocco. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Orwoba, kindly proceed.

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Sen. Orwoba

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding identification and nurturing of football talent at the grassroot level. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Tabitha Mutinda, proceed.

[(Loud Consultations)]

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Sen. Tabitha Mutinda

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding the assault of a female passenger by a matatu conductor along Thika Road. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Thang’wa, proceed.

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Sen. Thang’wa

Thank you, 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 rising fatalities resulting from hyena attacks in Witeithie Ward in Juja Sub-county, Kiambu County. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Githuku, proceed with your two Statements. Sen. Githuku is not in the Chamber. Those two Statements are dropped.

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The Speaker (Hon. Kingi)

Sen. Methu, proceed.

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Sen. Methu

Thank you, 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 grabbing of the Douglas Dam, Karia Ka Dagi, in Tulaga and Muruaki Schemes in Nyandarua County. In the Statement the Committee should-

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The Speaker (Hon. Kingi)

Sen. Munyi Mundigi, having explained your absence when your Statement was called out to the satisfaction of the Chair, your Statement is hereby reinstated and you may proceed to read it.

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Sen. Tabitha Keroche

Thank you, Sen. Tabitha Keroche. Chairperson of the Standing Committee on Agriculture is not present. Chairperson, Standing Committee on National Cohesion, please proceed.

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

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The Deputy Speaker (Sen. Kathuri)

Thank you, Sen. Tabitha Keroche. Chairperson of the Standing Committee on Agriculture is not present. Chairperson, Standing Committee on National Cohesion, please proceed.

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Sen. Chute

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order 56 (1) (b) of the Senate Standing Orders to make a Statement relating to activities of Standing Committee on National Cohesion, Equal Opportunity and Regional Integration for the period from 1st September, 2023 to 5th December, 2023. Mr. Deputy Speaker, Sir, the Standing Committee on National Cohesion, Equal Opportunity and Reg…

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir. I will try to limit to the extent of the time line that you have indicated. Hon. Deputy Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Justice, Legal Affairs and Human Rights for the months of July to December, 2023. Mr. Deputy Speaker, Sir,…

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Sen. Seki

Thank you, 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 Trade, Industrialization and Tourism for the period commencing 1st July, 2023 to 30th November, 2023. Mr. Deputy Speaker, Sir, during the period under review, the Committee held a total of 45 meetings. During the period under review, the Committee…

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The Deputy Speaker (Sen. Kathuri)

Thank you, Chairman. Chairman Standing Committee on Tourism, Trade and Industrialisation, kindly table the Report. Next is the Chairperson of National Security, Defence and Foreign Relations.

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

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Sen. Cheptumo

Thank you, 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 National Security, Defense and Foreign Relations for the period between 1st July and 30th November, 2023. During the period under review, the Committee held a total of 27 sittings, considered seven legislative proposals, 25 Statements, four Petitio…

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

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The Deputy Speaker (Sen. Kathuri)

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Sen. Thang’wa

Finally, Madam Temporary Speaker, the Committee held engagement talks with the ambassador of Japan, H.E. Okaniwa Ken. This was on a number of infrastructural development projects that the Government of Japan is financing through the Japan International Cooperation Agency (JICA). The Committee also inspected a Japan-funded Community Road Empowerment (CORE) project, which has improved a-26 kilometr…

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

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Sen. Thang’wa

Finally, Madam Temporary Speaker, the Committee held engagement talks with the ambassador of Japan, H.E. Okaniwa Ken. This was on a number of infrastructural development projects that the Government of Japan is financing through the Japan International Cooperation Agency (JICA). The Committee also inspected a Japan-funded Community Road Empowerment (CORE) project, which has improved a-26 kilometr…

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The Temporary Speaker (Sen. Mumma)

Chairperson, Select Committee on County Public Accounts. Sen. Cherarkey, you may proceed.

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Sen. Cherarkey

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No.56 (1) (b) to make a Statement on the activities of the County Public Accounts Committee for the period commencing 1st July, 2023 to 30th November, 2023. During our deliberation, we noticed that there are challenges in filling in the internal audit committee in counties. These committees play a crucial role in effective gove…

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Sen. Cherarkey

the Machakos County Assembly running into billions of shillings contracted to lawyers and their firms as legal fees. The Committee has observed that some county entities are deliberately not utilising the offices of the County Attorney, which yours truly was instrumental in passing in the last session. They like outsourcing legal services. Additionally, the Committee has observed that counties ha…

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Sen. Cherarkey

been informed that it has been established by the Intergovernmental Budget and Economic Council (IBEC), to validate assets and liabilities inherited from the defunct local authorities. IBEC is expected to report back between January and March, 2024. When the report is ready, we shall bring it. Madam Temporary Speaker, the Senate, through the County Allocation of Revenue Act, has over the years in…

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Sen. Cherarkey

I want to call upon Members of this House to always be - when reports of various counties are brought to adoption to look at it, debate and give suggestions on how we can improve the work of the County Public Accounts Committee (CPAC). With those very many remarks, allow me to table the report of this Committee. I thank you, Madam Temporary Speaker.

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The Temporary Speaker (Sen. Mumma)

Thank you, Madam Temporary Speaker, I just want to clarify if we will be able to have a chance to comment on the reports made by the chairs of the different committees.

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Sen. Crystal Asige

Thank you for that, Madam Temporary Speaker though there is a burning issue that I have on the report by JLAC and wish to table it as this is the last session for the year.

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The Temporary Speaker (Sen. Mumma)

I have already ruled, Sen. Crystal Asige. Sen. Githuku, please proceed.

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Sen. Crystal Asige

Thank you for that, Madam Temporary Speaker though there is a burning issue that I have on the report by JLAC and wish to table it as this is the last session for the year.

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The Temporary Speaker (Sen. Mumma)

I have already ruled, Sen. Crystal Asige. Sen. Githuku, please proceed.

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Sen. Githuku

Thank you, Madam Temporary Speaker, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transport and Housing concerning the maintenance of Lamu-Garsen Road.

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Sen. Githuku

In the Statement -

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Sen. Githuku

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 resettlement of residents occupying land intended for the establishment of a power generation plant in Lamu County. In the Statement, the Committee should-

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The Temporary Speaker (Sen. Mumma)

Chairperson, Select Committee on County Public Investments and Special Funds, quickly make your Statement in a few minutes.

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Sen. Osotsi

Thank you, Madam Temporary Speaker. I wish to make a Statement on the activities of the Select Committee on County Public Investments and Special Funds pursuant to Standing Order No.50 (1) (b) . I will be very quick. During the period of 1st July, 2023 to 8th December, 2023, we have held a record of 66 meetings, either within the precincts of Parliament or outside. In these meetings, we handled t…

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Sen. Osotsi

service providers in counties that appeared before us. Some of these reports have been tabled here in this House. We have so far tabled a report in relation to Vihiga, Bomet Kisii, Nyamira, Kisumu, Kwale, Nyeri and Wajir counties. This is in today’s Order Paper, where we have a Motion on the reports for those counties. Madam Temporary Speaker, we are working very swiftly to handle the remaining …

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Sen. Osotsi

I am finalizing, Madam Temporary Speaker. Some of the issues emerging are; failure by the fund managers of these funds to submit copies of their quarterly financial reports to the Controller of Budget as required by the law, counties not submitting financial statements of the funds to the Office of the Auditor-General, and counties not limited on the number of funds that they can set up. Some coun…

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The Temporary Speaker (Sen. Mumma)

The Senate Majority Leader, please proceed.

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Sen. Osotsi

I am finalizing, Madam Temporary Speaker. Some of the issues emerging are; failure by the fund managers of these funds to submit copies of their quarterly financial reports to the Controller of Budget as required by the law, counties not submitting financial statements of the funds to the Office of the Auditor-General, and counties not limited on the number of funds that they can set up. Some coun…

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The Temporary Speaker (Sen. Mumma)

The Senate Majority Leader, please proceed.

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Sen. Cheruiyot

Madam Temporary Speaker, I will try and be brief with my Statement. I can see time is far much spent and I still have to move a Motion of Adjournment in the next few minutes. Madam Temporary Speaker, as you are aware, today, Thursday, 7th December, 2023 is our last sitting of this Session according to the Senate Calendar. Hon. Senators, you will also note that at yesterday's sitting, the Senate …

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The Temporary Speaker (Sen. Mumma)

Order, Sen. Cherarkey. Can you consult with the senior counsel in low tones, please?

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Sen. Cheruiyot

Madam Temporary Speaker, I will try and be brief with my Statement. I can see time is far much spent and I still have to move a Motion of Adjournment in the next few minutes. Madam Temporary Speaker, as you are aware, today, Thursday, 7th December, 2023 is our last sitting of this Session according to the Senate Calendar. Hon. Senators, you will also note that at yesterday's sitting, the Senate …

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Sen. Cheruiyot

Madam Temporary Speaker, the beginning of the Second Session in February, 2023 was fairly tumultuous, with a divided Senate along party lines, following the very hotly contested general election. It was impossible to transact legislative business. Today, as I stand here, I am extremely happy that as the session wore on, the two sides of the political divide have closed ranks and we have begun to …

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Sen. Cheruiyot

Of course, we got feedback and I saw people complain that we did not get to interact with them as much as possible. However, over and above, many residents of Turkana appreciate that there are things that we were able to answer them. As we move towards the next phase of the programme and next year deciding, it is my proposition to the House that we still stick with proposals of taking this progra…

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Sen. Cheruiyot

Okay, in the interest of time. Madam Temporary Speaker, Sir, I appreciate and I want to wish hon. Senators a happy Jamhuri Day, a merry Christmas and a prosperous 2024. I thank you all colleague Senators for your participation in the House. I thank you.

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The Temporary Speaker (Sen. Mumma)

Next Order.

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Sen. Cheruiyot

Okay, in the interest of time. Madam Temporary Speaker, Sir, I appreciate and I want to wish hon. Senators a happy Jamhuri Day, a merry Christmas and a prosperous 2024. I thank you all colleague Senators for your participation in the House. I thank you.

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The Temporary Speaker (Sen. Mumma)

Next Order.

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The Temporary Speaker (Sen. Mumma)

Hon. Members, we will now move to Order No.32.

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The Temporary Speaker (Sen. Mumma)

Hon. Members, we will now move to Order No.32.

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The Temporary Speaker (Sen. Mumma)

Hon. Senators, it is now 1.15 p.m. time to adjourn the Senate pursuant to Standing Order No.34 (2) (a) . The Senate, therefore, stands adjourned until Tuesday, 13th February, 2024, at 2.30 p.m. The Senate rose at 1.15 p.m.