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 the Speaker)]

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

Serjeant-at-Arms, you may stop ringing the Bell. I am informed that we do have quorum now. Clerk, please, proceed to call the first Order.

Hon. Senators, following the promulgation of the Constitution of Kenya in 2010, it is now 10 years into the existence of the county governments. Devolution has highlightened the existence of unique opportunities for socio-economic growth. However, reports also reveal emerging challenges that continue to hamper the operations of the devolved units, thereby impacting the ability of counties to manag…

Hon. Senators, in the spirit of nurturing collegiality between the Senate and the Council of Governors (CoG), it is proposed that an annual high-level joint session of the CoG and the Senate be established. The objective of the proposed high-level joint session is-

Hon. Speaker, Sir, on behalf of the Senate Majority Leader, I beg to lay the following Papers on the Table of the Senate this day, 8th June, 2023- Report of the Auditor-General on the Financial Statements of Makueni County State and Public Officers Car and Mortgage Loan Fund for the year ended 30th June,

Next Order, Clerk.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53

Proceed to the next Statement by Sen. Mbugua.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 53 (1) to seek a statement from the Standing Committee on Education regarding the status of funding for special needs schools across all counties. In the statement, the Committee should-

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

What is your point of order, Sen. Cherarkey?

Mr. Speaker, Sir, I rise under Standing Order No.1 to request your indulgence. If you look at Statement Nos.1 and 2, it concerns our unique nature of our population, especially the PWDs. I request your indulgence to use Standing Order No.1, to allow us to comment on the Statements by Sen. Crystal Asige and Sen. Mbugua, just like what you did last time. You may allow one or two Senators from both …

the Chairman of the Committee on Devolution to give us a Progress Report by next week. I am informed that a number of county assemblies will keep shutting down in the part of this week and next week. Those are my two interventions. Thank you, Mr. Speaker, Sir, for indulgence.

Thank you, Sen. Cherarkey. I am afraid I may not be able to allow comments on these statements. When we sat at the Senate Business Committee (SBC) , having looked at the Order Papers for the last three or four months, we realized that we were not making any progress beyond Sstatements. It is like the Senate's main mandate was basically to prosecute Sstatements. We were not prosecuting our main man…

Thank you, Mr. Speaker, Sir. I have a comment on the issue raised by Sen. Cherarkey on the strikes in the county assemblies. I do not want us to go back to where we came from. The Committee on Devolution and Intergovernmental Relations does not need any ruling or direction from the Speaker to act on matters relating to their Committee. I would expect that on their own motion, next week, they shou…

The Chairperson of the Committee on Devolution and Intergovernmental Relations, this is a very weighty issue. I believe you have heard the sentiments from your colleagues. I received that memorandum, but you are the door to these assemblies as far as the Senate is concerned. By next week, you should give the Senate a progress report on how you are handling these matters. If need be, you can even i…

[(Sen. Abass spoke off record)]

[(Laughter)]

You need to go on record. The reason we have these microphones is because we cannot be heard. Proceed, Sen. Abass.

Mr. Speaker, Sir, I have heard the issues raised. We will have meetings from tomorrow with the people from the County Assemblies Forum (CAF) in Nakuru. The policies are still on. We will give you a report by next week, God willing.

By next week, Wednesday, we expect a Progress Report.

We will do that.

Thank you. Let us have the Statement by Sen. Sifuna.

Sen. Sifuna is not in the Chamber. The statement is, therefore, dropped. The next Statement is by Sen. Hamida Kibwana.

[(Statement dropped)]

[(Sen. Mumma spoke off the record)]

Proceed.

Thank you, Mr. Speaker, Sir, for allowing me to read the Statement on behalf of Sen. Hamida Kibwana, on the lifting of the ban on logging in public and community forests in Kenya. Mr. Speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding reports of the lifting of the ban on logging in public and …

Sen. Miraj, you may have the Floor.

Asante Bw. Spika. Nimesimama kwa mujibu wa Kanuni ya Kudumu ya 53 (1) , kuomba kauli kutoka kwa Kamati ya Kudumu ya Leba na Ustawi wa Jamii kuhusu Maslahi na Ustawi wa Mabaharia Nchini Kenya. Katika Taarifa hiyo, Kamati iangazie yafuatayo:-

Next Order.

Thank you, Mr. Speaker, Sir. Since I have been called out as the Mover to reply, I intend to do so.

This is a straightforward Bill. I thank the many Senators and the Committee that gave invaluable advice and report on this Employment (Amendment) Bill 2022. I want to thank Sen. Okiya Omtatah who seconded the Bill, among other Senators. In conclusion, this Bill has generated a lot of misinformation and miscommunication. The right to disconnect will be guided by the law. Many people such as the Fe…

will pay you for overtime. Now I am bringing a law that will ensure that if you work virtually beyond working hours, as stipulated by the Employment Act, you are supposed to be compensated. I am just enriching Article 41 on Labour Rights under the Constitution of the Republic of Kenya. I saw some people making fun of me on TikTok and many other social media platforms saying that I could not answe…

The fifth point is that these international countries such as France and Portugal have already enacted the right to disconnect. The environment is changing from the traditional office, where you go and work from your desk from 8.00 a.m. to 5.00 p.m. We now need to shift our focus to remote working environment. It will even assist the People living with Disabilities (PWDs) to be able to work at th…

Sen. Cherarkey, conclude on your comments, kindly.

Mr. Speaker, Sir, I am concluding. You should even add me more time because I am putting your future on a proper trajectory of national power. There are many countries with large economies buying this idea of the right to disconnect. Colleagues and friends, this Bill will be a life changer, it will transform, protect out right to family, ensure everybody is respected and ensure the growth of the …

Thank you. Division on that Bill is deferred until otherwise advised. At this juncture I will move to re-arrange the sequence of the Order Paper, pursuant to Standing Order No. 45 (2) . If you go through your Order Paper, you see

[(Putting of the question on the Bill deferred)]

Order No.10, The County Allocation of Revenue Bill. This is a Bill that has some statutory period within which to be processed and concluded. Therefore, we will start that Order, and I will give further guidance, thereafter, on how we are going to move after we are done with it. Clerk, proceed and call that Order. (The Clerk-at the-Table consulted the Speaker) Before the Clerk reads that Order, …

Thank you, Mr. Speaker, Sir, for this opportunity to join you in welcoming students from Mukaa in Makueni. Their Senator is engaged elsewhere, but he is on his way to the Chamber. For the visiting teachers and students, I welcome you to the Senate of the Republic of Kenya. This is where your leaders, who are elected to represent different counties in this country, converge every Tuesday, Wednesd…

Next Order.

Thank you, Mr. Speaker, Sir, for the opportunity to present the Second Reading of the County Allocation of Revenue Bill, 2023. The County Allocation of Revenue Bill, 2023 (Senate Bills No. 16 of 2023) was published on 27th April, 2023 and read in this House for the First Time in the Sitting held on Tuesday, 2nd May, 2023. The Bill was then assigned to the Senate Committee on Finance and Budget fo…

[(as contained in the Division of Revenue Act, 2023)]

Sen. Joe Nyutu, you are out of order and you are getting the caution for the day.

Thank you, Mr. Speaker, Sir. It is the considered opinion and request of this Committee, that we expeditiously pass this County Allocation of Revenue Bill in order for county assemblies to factor in all the numbers as accurately as possible to minimize future necessities for amendments. We should as well pass the Bill in time for that consideration to take shape in order to meet the deadline of th…

Sen. Faki.

Asante, Mhe. Spika kwa kunipa fursa hii kuunga mkono Mswada wa Ugavi wa Raslimali kwa Kaunti zetu. Mgao wa Raslimali za Kaunti 2023 ni sheria muhimu ambayo inagawanya fedha zinazotoka kwa Serikali Kuu kwenda kwa serikali gatuzi. Bunge hili lilipitisha Mswada wa Division of Revenue Act (DORA) ambayo ilileta Kshs385.425 billioni, kutoka kwa Serikali Kuu Kwenda kwa serikali za kaunti. Ijapokuwa sher…

asilimia 10; ukubwa wa ardhi, asilimia nane; ukulima, asilimia 10; afya, asilimia 17, barabara, asilimia nane; ukuaji wa miji, asilimia tano; na umaskini, asilimia 14. Katika kujadili wa Mswada huu, Kamati yetu ilipata fursa na kuchukua maoni kutoka kwa Baraza la Magavana, Wizara ya Fedha, Tume ya Ugavi wa Rasilimali na washikadau wengine. Vile vile, Kamati ilipata maombi kutoka kaunti 17 ambazo …

Hon. Senators, before I propose the Question, I have a Communication to make.

[(Interruption of debate on the Bill)]

whereby two Bills were passed. These Bills have since been forwarded to the National Assembly for consideration. As indicated in today’s Order Paper at Order No.10, the County Allocation of Revenue Bill has been listed. I urge all of us to avail ourselves this afternoon to consider and pass this Bill. I cannot overstate the importance of passing this Bill, which is a Bill that will unlock the rel…

Hon. Senators, it is now 6.32 p.m. time to adjourn the Senate. The Senate therefore stands adjourned until Tuesday, 13th June, 2023, at 2.30 p.m. The Senate rose at 6.32 p.m.