Senate · Afternoon Sitting

Thursday, 8 August 2024

Session Summary

Sen. Cherarkey highlighted the need for timely financial reporting and audit compliance by county assemblies, praised recent school sports achievements, and urged action on stalled development projects funded by the President and donors. He also criticized the county governor’s security measures, police inaction on violent incidents, and called for stricter oversight by bodies such as ICPAK and the EACC. The debate touched on legislative steps to address these issues, including the Intergovernmental Relations (Amendment) Bill. Senators debated a Bill aimed at strengthening intergovernmental relations by renaming the Intergovernmental Relations Technical Committee to an Intergovernmental Relations Agency, establishing a County Assemblies Forum, and removing the Principal Secretary from the agency's board. The discussion highlighted past shortcomings in devolution, the need for clear legal frameworks, and the importance of timely transfer of functions and costing to county governments. Overall, the tone was constructive but underscored lingering frustrations with implementation delays. Sen. Kajwang highlighted persistent fiduciary and legal conflicts between the Senate, the Council of Governors (COG) and the Intergovernmental Relations Agency, urging clearer separation of functions and amendments to the Intergovernmental Relations Act. He criticised irregular contributions to the COG, costly litigation against the Senate, and the lack of proper oversight of transferred functions such as the Nairobi Metropolitan Service, while calling for stronger coordination mechanisms. The debate also featured procedural interruptions and requests for clarification on statutory responsibilities.

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The Speaker (Hon. Kingi)

Clerk, do we have a quorum? Serjeant-at-Arms, ring the quorum Bell for 10 minutes. Hon. Senators, we do have a quorum now. Clerk, you may proceed to call the first Order.

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

[(The Quorum Bell was rung)]

Khalwale Boni
Sen. (Dr.) KhalwaleUnited Democratic Alliance

Thank you, Mr. Speaker Sir. I beg o lay the following Paper on the Table of the Senate today, 8th August, 2024- Report of the Standing Committee on Energy on its inquiry into the Liquefied Petroleum Gas (LPG) explosion in Mradi Area, Embakasi, Nairobi City County. I thank you.

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

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The Speaker (Hon. Kingi)

Is Sen. (Prof.) Kamar not here? That Order is dropped. Chairperson Standing Committee on Energy, Sen. (Dr.) Khalwale, proceed to give Notice of your Motion.

[(Notice of Motion dropped)]

Khalwale Boni
Sen. (Dr.) KhalwaleUnited Democratic Alliance

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Energy on its inquiry into the Liquefied Petroleum Gas (LPG) explosion in Mradi Area, Embakasi, Nairobi City County, laid on the Table of the Senate on Thursday, 8th August, 2024.

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The Speaker (Hon. Kingi)

Is Sen. Karen Nyamu not here? That statement is dropped.

[(Statement dropped)]

Alexander Mundigi Munyi
Sen. Munyi MundigiDemocratic Party Kenya

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 operations at the Land Registry office in Embu Town, Embu County. The residents of Embu County recently contacted my office with complaints that the Land Registry office in Embu Town, Embu County has not been rendering effective service…

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The Speaker (Hon. Kingi)

The next statement is by Sen. Wakili Hillary Sigei.

Murango James Kamau
Sen. (Dr.) MurangoUnited Democratic Alliance

Mr. Speaker, Sir, on behalf of Sen. Wakili Sigei, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Land, Environment and Natural Resources regarding stalled and abandoned infrastructure projects in Bomet County. Several incomplete and abandoned infrastructure projects in Bomet County represent a significant waste of public resources and have deprived …

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The Speaker (Hon. Kingi)

The next Statement is by Sen. Kathuri, but I do not see him. Sen. Cherarkey, you know you cannot have an audience because you have got some substantiations to make. You may proceed. Sen. Cherarkey: Mr. Speaker, Sir, I request for your indulgence. You directed that I substantiate two issues, which include status of repair and installation of security system within Parliament. That was after the i…

Samson Kiprotich Cherargei
Sen. Cherarkey:United Democratic Alliance

Can I look at the letter before I give directions? Sen. Cherarkey, your request has been granted. You will substantiate upon resumption after the short recess. I had called the Senator for Meru, Sen. Kathuri Murungi. Is there any Senator holding brief for him? If not, then that statement is dropped.

[(Sen. Cherarkey approached the Chair)]

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The Speaker (Hon. Kingi)

Can I look at the letter before I give directions? Sen. Cherarkey, your request has been granted. You will substantiate upon resumption after the short recess. I had called the Senator for Meru, Sen. Kathuri Murungi. Is there any Senator holding brief for him? If not, then that statement is dropped.

[(Sen. Cherarkey approached the Chair)]

Samson Kiprotich Cherargei
Sen. CherarkeyUnited Democratic Alliance

The people of Meru are under imminent apprehension that the industrial strike may be prolonged as the parties involved have not shown any signs of conciliation to end the standoff. In the Statement, the Committee should-

Samson Kiprotich Cherargei
Sen. CherarkeyUnited Democratic Alliance

Sen. Crystal Asige, proceed.

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The Speaker (Hon. Kingi)

Sen. Crystal Asige, proceed.

Crystal Asige
Sen. Crystal AsigeOrange Democratic Movement

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 the performance of Team Kenya at the 2024 Summer Olympic Games in Paris, France. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir. On behalf of Sen. Wakili Sigei, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding, stalled or abandoned infrastructure projects in Bomet County. Several incomplete and abandoned agricultural infrastructure projects in Bomet County represent a significant waste of public resourc…

Murango James Kamau
Sen. (Dr.) MurangoUnited Democratic Alliance

Thank you, Mr. Speaker, Sir. On behalf of Sen. Wakili Sigei, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding, stalled or abandoned infrastructure projects in Bomet County. Several incomplete and abandoned agricultural infrastructure projects in Bomet County represent a significant waste of public resourc…

Chute Mohamed Said
Sen. ChuteUnited Democratic Alliance

Hon. Senators, before I call the next speaker, there are two statements that I will allow, being the last day before we break off for recess. Sen. Cherarkey, you may proceed.

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, pursuant to Standing Order No.53 (1) , I rise to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on the unsold tea totaling to about 41 per cent of Kenya-produced tea at Mombasa Market, which is over Kshs32 billion. In the Statement, the Committee should-

Margaret Kamar
Sen. (Prof.) KamarJubilee Party

Thank you, Madam Temporary Speaker, for allowing me to bring the Notice of Motion, because I was late due to unavoidable circumstances. I bring this very important Notice of Motion that I believe Members will be able to go through

Margaret Kamar
Sen. (Prof.) KamarJubilee Party

when they are recess, on the allocation of scholarships and bursaries by county governments. I beg to give notice of the following Motion- THAT AWARE THAT, the Fourth Schedule to the Constitution distributes functions and powers between the National and County Governments with paragraph 16 of Part 1 of the Fourth Schedule providing that the national Government shall be responsible for university …

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The Temporary Speaker (Sen. Veronica Maina)

Resume your seats hon.

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The Temporary Speaker (Sen. Veronica Maina)

and ordered to be referred to the relevant Senate Committee)

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The Temporary Speaker (Sen. Veronica Maina)

This Order is deferred because we do not have a quorum to push that business. Next Order.

Moses Otieno Kajwang'
Sen. M. Kajwang’Orange Democratic Movement

Madam Temporary Speaker, the Vice-Chairperson of the Committee will reply on my behalf.

Moses Otieno Kajwang'
Sen. M. Kajwang’Orange Democratic Movement

The Temporary Speaker (Sen. Veronica Maina); Sen. Cherarkey, you are standing as a rear guard for that Committee. You may proceed.

Samson Kiprotich Cherargei
Sen. CherarkeyUnited Democratic Alliance

Thank you, Madam Temporary Speaker. I have been preparing to reply under the directions of my able Chair. In the spirit of broad-based engagement, we are working closely now that our party leaders are also working closely. I beg to reply by saying a few things. I congratulate my Chairman for ably moving the Motion and giving us direction. It is good the Senate Majority Leader is here. He had requ…

Samson Kiprotich Cherargei
Sen. CherarkeyUnited Democratic Alliance

Madam Temporary Speaker, I would wish to point Sen. Cherarkey to today's Order Paper on Order No.23. The Intergovernmental Relations (Amendment) Bill (Senate Bill No.12 of 2024) addresses your concern. It does exactly what you are proposing. I thank you.

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The Temporary Speaker (Sen. Veronica Maina)

Okay, proceed.

Samson Kiprotich Cherargei
Sen. CherarkeyUnited Democratic Alliance

Thank you for that useful information. I hope the House will fast-track it. Counties have been giving that money in the past. I am happy that the Senate Majority Leader has proposed legislative intervention. As Members of CPAC and Senators, we shall support it. I am happy that my Chairman, Sen. M. Kajwang’, is in the House. I did not see him accompanying Hon. John Mbadi to the National Treasury, …

Aaron Kipkirui Cheruiyot
Sen. CheruiyotUnited Democratic Alliance

Madam Temporary Speaker, I would wish to point Sen. Cherarkey to today's Order Paper on Order No.23. The Intergovernmental Relations (Amendment) Bill (Senate Bill No.12 of 2024) addresses your concern. It does exactly what you are proposing. I thank you.

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The Temporary Speaker (Sen. Veronica Maina)

Okay, proceed.

Samson Kiprotich Cherargei
Sen. CherarkeyUnited Democratic Alliance

I want to thank President Ruto because when he visited Nandi in 2018, he gave Kshs50 million. The Governor and the County Government were to fund more for the Chepterwai Sub-County. That has never happened. That money was given by President Ruto when he was the Deputy President. Madam Temporary Speaker, even in the Kapsengere Dispensary, the President gave us Kshs20 milllion, which has been used …

Samson Kiprotich Cherargei
Sen. CherarkeyUnited Democratic Alliance

Madam Temporary Speaker, I was disappointed, but I would like to remind hon. Mbadi, the Cabinet Secretary for Treasury, to be aware of Article 219 – timely disbursements to counties. We even censured the former Cabinet Secretary, Ukur Yattani, for not disbursing money. The more you delay disbursing funds under Article 219, you are firstly violating the Constitution and statutory deductions like fo…

Samson Kiprotich Cherargei
Sen. CherarkeyUnited Democratic Alliance

I want to thank President Ruto because when he visited Nandi in 2018, he gave Kshs50 million. The Governor and the County Government were to fund more for the Chepterwai Sub-County. That has never happened. That money was given by President Ruto when he was the Deputy President. Madam Temporary Speaker, even in the Kapsengere Dispensary, the President gave us Kshs20 milllion, which has been used …

Samson Kiprotich Cherargei
Sen. CherarkeyUnited Democratic Alliance

The Bill is deferred.

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The Temporary Speaker (Sen. Veronica Maida)

Hon. Senators, this Order is deferred because it was a Division and there is no quorum to sustain that. Next Order.

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The Temporary Speaker (Sen. Veronica Maina)

The Bill is deferred.

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, this Order is deferred because it was a Division and there is no quorum to sustain that. Next Order.

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The Temporary Speaker (Sen. Veronica Maina)

Madam Temporary Speaker, I beg to move that the Intergovernmental Relations Amendment Bill, (Senate Bill No.12 of 2024) , be now read a Second Time. This is a very simple and straightforward Bill. It is something that we have debated before and tried to bring consensus on it. Sen. M. Kajwang’ and Sen. (Dr.) Khalwale will remember the very difficult relationships we have had between the Senate and…

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, this Order is equally deferred to the next sitting of the Senate. Hon. Senators, I will now re-organise the Order Paper and request the Clerk to call out Order No.23.

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, it is now 6.30