Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for five minutes. Hon. Senators, I am informed that we do have quorum now. So, we shall proceed to transact the Business of the day. Clerk, kindly proceed to call out the first Order.

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

[(The Quorum Bell was rung)]

Hon. Senators, can you please have your seats. Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon, a visiting delegation from the Parliamentary Service Board of the Kingdom of Eswatini. They are in Kenya on a two-day benchmarking visit with the Parliamentary Service Commission. The delegation is led by the President of the Senate of Eswatini. I reques…

Madam Lindiwe Dlamini - President of the Senate Sen. Mphatfwa Dlamini - Senator Hon. Victor Malambe - Member of the House of Assembly Mr. Benedict Xaba - Clerk to Parliament, Parliament of Eswatini Mr. Jabulile Mashwana - CEO Eswatini Water Services Corporation Board and Member of the Parliamentary Service Board Ms. Hlobisile Ndlovu - Member of the Parliamentary Service Board Mr. Lunga Dlamini - L…

Thank you, Mr. Speaker, Sir. It is an honour and privilege for me to welcome our friends and fellow Africans from South Africa Republic of Eswatini. Welcome. I send you to give King Mswati III our greetings. Tell them that when you are being welcomed to the Senate, the Senator who was speaking does not come from the Nguni tribe of Eswatini. However, I come from the Nguni-like tribe of Kenya. We a…

[(Laughter)]

Sen. Mwaruma, please proceed.

Thank you, Mr. Speaker, Sir, for this opportunity you have given to me to welcome our friends from South Africa to the Senate of Kenya.

According to our Constitution Article 96, the Senate of Kenya is supposed to defend devolution. We gave ourselves a new Constitution in 2010. The work that we do is to defend devolution. Welcome to the Senate of Kenya. I know at the end of the day, you would have learnt about how we run our business in Kenya. I know, at one point, we will come to South Africa to “revenge” - so to speak - so that …

Sen. Mwaruma, there is a very big difference between the Kingdom of Eswatini and South Africa. Next Order.

I will allow Sen. Wafula to make brief welcoming remarks before we resume our usual Orders.

Asante sana, Bw. Spika kwa kunitunuku nafasi hii kuwakaribisha vijana, mabinti ambao wako hapa kuja kujionea kwa macho ni Bunge lipi ambalo kijana wao mzawa huwakilisha. Vile vile, ni Bunge lipi ambamo ndugu yao Mhe. Sifuna hutunga sheria. Watu wetu husema damu ni nzito japo tofauti za kisiasa. Sisi wote tumezaliwa Bungoma.

[(Applause)]

[(Applause)]

[(Laughter)]

Proceed, Sen. Sifuna.

Bw. Spika, mimi sio mtu wa kutishwa na lugha yeyote. Ninaweza kutoa Hoja zangu kwa lugha yeyote ambayo itamridhisha Kiongozi wa Walio Wengi. Ameniomba nitumie Kiswahili kwa sababu ndugu yangu, Seneta wa Bungoma, ana weledi wa lugha hiyo. Nitajaribu pia niweze kwenda katika nyayo zake. Bw. Spika, wengi wanajuwa mimi ni mzaliwa wa Kaunti ya Bungoma. Wakati ya likizo ya Krismasi baada ya sisi kumali…

[(Laughter)]

Thank you, Sen. Sifuna. What is your point of order, Sen. M. Kajwang’?

Bw. Spika, je, ni nidhamu kwa Seneta wa Nairobi kujifanya kama kinyonga katika Seneti hii? Amesema kuwa alizaliwa Bungoma na wiki iliopita tukiwa na ‘Baba’ kule Kakamega, alisema kuwa alizaliwa Kakamega. Juzi akitafuta kura

Nairobi, alisema kuwa alizaliwa Nairobi. Wiki tatu zilizopita tulikuwa Kisumu na alisema alizaliwa Kisumu. Je, ni nidhamu kweli na tuko na hawa wanafunzi ambao wametoka Kaunti ya Bungoma, ambao wanatarajia kuwa hapa Bunge la Seneti watu wanasema ukweli mtupu? Seneta wa Kaunti ya Nairobi anajifanya kama tikitimaji na kwa wale ambao hawaelewi Kiswahili, tikitimaji ni watermelon. Is it in order, Mr…

Waheshimiwa Senators, nafikiri tuyaachie pale yalipofika, kwa sababu tukiendelea tutatokea sehemu ambayo pengine hatujajitayarisha kufika. Karani wa Bunge, Next Order!

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 9th March, 2023. Report by the Controller of Budget (CoB) on the First Half County Government Budget Implementation Review for financial year 2022/2023. This is a very important document.

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

Next Order.

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order 57 (1) , I hereby present the business of the Senate for the week commencing Tuesday, 14th March, 2023. Mr. Speaker Sir, the status of legislative business as at today is 16 Bills, which are at the Second Reading stage. Three of these Bills are scheduled in today’s Order Paper at Order No.11, 12 and 13, while the remaining 13 Bills have been…

The Order Paper for Wednesday, 15th March, 2023 and for Thursday, 16th March, 2023, will contain business that will not be concluded on Tuesday, 14th and on Wednesday, 15th March, 2023, respectively. The Senate Business Committee will also schedule any other business as well as Petitions and Statements pursuant to the Standing Orders. I thank you and hereby lay the Statement on the Table of the S…

Sen. (Dr.) Murango proceed.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on the status of investigations into the death of Mr. Kennedy Njoroge and Mr. Ndung’u Njoroge in Mwea Subcounty. In the Statement, the Committee should -

Sen. Beth Syengo and Sen. Maanzo, I can see you on the queue. Therefore, should I assume you want to contribute to this? Could you then, please, move from the queue? Thank you. Proceed, Sen. Kibwana.

Mr. Speaker, Sir, on behalf of Sen. Kibwana, I rise, pursuant to Standing Order 53 (1) , to seek a Statement from the Standing Committee on Health on the

prevalence of hyperemesis gravidarum (HG), a condition characterized by severe nausea, vomiting, weight loss and electrolyte disturbance in pregnant women in Kenya. In the Statement, the Committee should -

Mr. Speaker Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Labor and Social Welfare on reports Sexual Abuse in Plantations Owned by James Finlay (Kenya) Limited in Kericho and Bomet Counties. In the Statement, the Committee should-

Have you read both Statements, Sen. Okenyuri?

Yes, Mr. Speaker, Sir.

Thank you. Sen. Olekina, I can see you on the queue. Do you want to contribute to the --- Then, just move out of the queue. You are on my Order Papers. So, move from the queue. Sen. Mwaruma? Sen. Mundigi?

[(Sen. Olekina spoke off record)]

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 on the status of the Older Persons Cash Transfer Programme (OPCT) in Embu County. In the Statement, the Committee should-

Okay. Let me start with the Renumeration of village elders or Nyumba Kumi officials. Mr. Speaker, Sir, I rise, pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on the issue of remuneration of Village Elders/Nyumba Kumi officials. In the Statement, the Committee should -

Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on the Parliamentary Caucus on Open Government Partnership (OGP) . The OGP is a global multilateral initiative that brings together 78-member countries and 78 local governments to promote transparency, participatory inclusive an accountable governance. Member states participate in the partnership by way of submittin…

address the global economic recession and social inequalities to save lives and livelihoods and to protect democratic institutions. Mr. Speaker, Sir, Kenya National Action Plan activities are designed to institutionalise open Government and build greater resilience of OGP to withstand future political transitions, economic shocks among other instabilities in the region and in the world, therefore…

Proceed, Sen. Olekina.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the County Public Accounts Committee concerning two tenders for the Narok County Government for the supply and delivery of earth moving equipment - tender No. NCG/OT//2022-2023 and tender No. NCG/MACHINE/REPAIR/001/2022-

Proceed, Sen. Kinyua

Mr. Speaker, Sir, I rise, pursuant to Standing Order 52 (1) to make a Statement on an issue of countywide concern regarding an appeal by the Laikipia County Assembly for adjustment of the proposed recurrent ceiling. Mr. Speaker, Sir, I am in receipt of a request by the County Assembly of Laikipia that the Senate considers adjusting the recurrent ceiling as proposed by Commission on Revenue Alloca…

the County Assembly as recommended by the CRA vide its recommendations on the County Governments’ Recurrent Expenditure Budget Ceilings for County Assemblies and County Executives for Financial Year 2023/2024 that were tabled before the Senate on 15th February, 2023. Approval of the same is within the purview of the mandate of this House. I urge colleagues in the Standing Committee on Finance and…

Thank you. Hon. Senators, pursuant to Standing Order No. 45 (2) , I do hereby reorganize today’s Order Paper. We shall move to prosecute Order Nos. 9, 10, 11 and thereafter resume the Orders as listed. Clerk, kindly, call the next Order.

Hon. Senators, pursuant to Standing Order No. 84 (2) , I do hereby make a determination that the matter indeed affects counties and the voting shall be by delegation. Kindly, ring the Division Bell for five minutes. Serjeant-a-arms, kindly proceed to close the doors and draw the Bar. of the Pubic Finance Management Act and Standing Order No.186 (7) of the Senate approve the 2023 Budget Policy …

[(The Division Bell was rung)]

[(The Door was closed and the Bar drawn)]

[(Question, that the Senate adopts the report of the Standing Committee on Finance and Budget on the 2023 Budget Policy Statement laid on the Table of the Senate on Tuesday 28th February, 2023 and pursuant to Section 25(7)]

[(Electronic voting in progress)]

[(Electronic voting in progress)]

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

Kindly, take your seats, hon. Senators. I will proceed to put the Question on Order Nos. 9 and 10. We will then announce the results together. Hon. Senators, under Order No. 9, I do make a determination that the matter affects counties and therefore, voting shall be by delegation. (Question that the Senate adopts the Report of the Standing Committee on Finance and Budget on the 2023 Medium Term …

[(Electronic voting in progress)]

Hon. Senators, we now move to Order No.11. Sen. (Dr.) Khalwale, why are you crawling?

[(Sen. (Dr.) Khalwale walked in a crawling manner)]

[(Laughter)]

Hon. Senators, voting shall be done electronically. You shall vote by pressing either ‘yes’, ‘no’ or ‘abstain.’ Kindly proceed to vote.

[(Electronic voting in progress)]

Here are the results of the votes on Order No. 9.

Joe Nyutu, Murang’a County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Lomenen, Turkana County; Sen. Maanzo, Makueni County; Sen. Mandago, Uasin Gishu County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Onyonka, Kisii County; Sen. Seki, Kajiado County; Sen. Than…

The “Ayes” have it.

Serjeant-at-arms proceed to open the doors. Next Order, Clerk. Proceed, Senate Majority Leader.

[(The Doors were opened)]

Mr. Speaker, Sir, I beg to move the following Motion- THAT, AWARE that the Senate of Kenya is established by Article 93 of the Constitution and its main role, as set out at Article 96, is to represent, serve and protect the interests of the counties and their governments; FURTHER AWARE of the critical role that the Senate plays in the interlinkage between the National and County levels of governm…

4) provide an opportunity to members and staff of county assemblies to learn and share best practices with Senators and parliamentary officers; NOW THEREFORE, pursuant to Article 126(1) of the Constitution, the Senate resolves that its Plenary and Committee sittings be held in the counties for a one-week period within the month of September in every Session of the 4th Senate, except during an elec…

The Committee sat there inside a Government prison, passed a resolution and that afternoon as the Senate Committee on Justice and Legal Affairs and Human Rights left Kitui maximum prison, they left with about 200 prisoners. The members of the public that had been locked up because of minor offences and could not pay the fines, left the prison. Unfortunately, due to COVID -19, we were not able to …

Just a second, Senate Majority Whip. We have a delegation.

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon of a visiting delegation from various county assemblies. The delegation comprises of 15 members of staff from the County Assemblies of Busia, Siaya, Kisii, Kericho and Kakamega. The delegation is undertaking a capacity building program at the Center of Parliamentary Studies (CPST) . Hon. Senators, on beh…

[(Resumption of debate on Motion)]

Mr. Temporary Speaker, Sir, I rise to second this Motion as moved. Before I do so, I want to register my frustration that the delegation from the county assemblies normally sits, not in the Public Gallery but in the Speaker's Gallery and there is a difference. I do not know whether this is a conspiracy due to the fact that one of my counties is there. I protest. Mr. Temporary Speaker, Sir, this …

If we go to Western, I would propose that they do not come to Kakamega, but they end up in a place like Busia and they see the challenges the people of Busia are faced with when it comes to cross-border issues and so on and so forth. We want to send a clear message that Senate is a House that represents counties and serves to protect the interests of those counties, their people and their governm…

Thank you, Senator. Sen. (Dr.) Khalwale, there is no conspiracy. Maybe I should just clarify that for visiting delegations to sit in the Speaker's Gallery, there is the issue of dress code; the dress code is followed. So, the members of the delegation were not properly dressed. It was not a conspiracy.

[(Question proposed)]

I now call upon Senators to make their contributions. Sen. Wamatinga, you have the Floor.

Thank you Mr. Temporary Speaker, Sir. I rise to support. Kenya is one of the countries that is blessed and bestowed with a lot of diversity. We have, however, failed to appreciate what we have been blessed with. Our cultural diversity, our differences in terms of endowment has been a challenge as opposed to being a blessing. Therefore, the approach of taking Senate Mashinani will not only give th…

Sen. Ali Roba, please, proceed.

Mr. Speaker, Sir, I rise to support this proposal to have Senate mashinani. The interest of counties is very critical that we are seen as close to the people as possible. That is also going to give an opportunity for our Members of County Assemblies (MCAs) to learn from the way we carry out our functions besides an opportunity to interact with our public at the grassroots level.

That is going to position us differently; as Senators who are close to the public interest. I do not want to outdo Sen. Wamatinga. I offer that maybe, the second county after Nyeri for Senate Mashinani should be Mandera so that we get the opportunity to see the mountain and the Arid and Semi-Arid Land (ASALS) of this country.

I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I had been requested by the Leader of Majority to respond on his behalf. I wish to respond and in so doing, thank all hon. Members for quickly making sure that we transact this business. It is good that we dispense with it so that we allow the Secretariat of the Senate to do the needful to actualise the intention of this Bill. Mr. Temporary Speaker, Sir, I respond. …

[(Question put and agreed to)]

Mr. Speaker, Sir, this Bill was moved by the Senator of Tana River County, Sen. Mungatana, MGH. As the House knows, Sen. Mungatana, MGH is a member of the Pan-African Parliament. With me, I have an authorization dated 2nd March, 2023 penned by Sen. Mungatana, MGH authorizing me to respond on his behalf. I table the letter which is copied to the Office of the Speaker and respond as follows-: I th…

legislative tools that will make sure that those resources go beyond being protected and are shared in an agreed manner. Mr. Speaker, Sir, I have a dream that after this law goes through, it will give way to an opportunity for us to create two bits of sovereign funds – a sovereign national fund and a sovereign county fund. If, for example, we are talking about the Turkana County oil or the gold m…

Thank you, Senator. Your request is granted and this matter is deferred to Tuesday, 14th March, 2023 at 2.30 p.m. Next Order. Second Reading

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

That matter is deferred.

schools or work as a cause of a lack of funds for sanitary products that is both a health risk and a signal of gender inequity; FURTHER AWARE THAT in rural Kenya, 2 out of 3 pad users receive pads from sexual partners and 65 percent of women and girls can’t afford sanitary pads, forcing them to use alternative materials like grass, cotton wool and cloth which lack adequate absorbent qualities resu…

That Order is also deferred.

(Motion deferred) Next Order!

That Order is also deferred. Next Order.

highways such as satellite medical clinics, firetrucks and ambulances, and identify the most convenient locations to develop them; and iii) The Ministry of Roads and Transport in conjunction with the Council of Governors to develop Public Private Partnership guideline on leasing of the road reserves to developers, financing the construction of the amenities, and the packaging of incentives to att…

That Order is also deferred. Next Order!

The Senator is not here. That Order is also deferred.

Sen. (Dr.) Khalwale, kindly move the Motion.

Thank you, Mr. Temporary Speaker, Sir. I rise to move the following Motion No.18 on the Order Paper - THAT, the Senate notes the Report of the Parliament of Kenya Delegation to the 145th Assembly and Related meetings of the Inter- Parliamentary Union (IPU) , held from 11th to 15th October, 2022, in Kigali, Rwanda laid on the Table of the Senate on Thursday, 23rd February, 2023. I am privileged to…

Thank you, Mr. Temporary Speaker, Sir. I rise to second the Motion on the report that has been tabled by my good friend, the Senator for Kakamega County.

It is good to bring to the attention of the House that the Mover of the Motion comes from Kakamega County and I from Kiambu County. We share a lot in common because during devolution when the counties were demarcated, they were given 12 sub- counties just like Kiambu County. The IPU formerly Inter-Parliamentary Conference (IPC) is a global organisation that facilitates diplomacy between Parliamen…

Hon. Senators, I propose the question. Next Order!

[(Question proposed)]

[(Question put and agreed to)]

The Senator is not around, so, that the matter is deferred. Next Order! Sen. Cherarkey, you may proceed.

Mr. Temporary Speaker, Sir, thank you very much. I beg to move the following Motion- AWARE that in 2018 Kenya was placed under Category A by the World Anti-Doping Agency and since then forty Kenyan athletes have been banned by either the Athletics Integrity Unit (AIU) or the Anti– Doping Agency of Kenya (ADAK) which has led to a situation whereby the Kenyan athletes have to undergo intense testing…

Therefore, this is a very critical and important Motion that will assist this country. Nandi County or North Rift Region is the source of champions. Uasin Gishu County is the City of Champions; Elgeyo Marakwet is the Home of Champions because of its high altitude. One of the biggest soft underbellies that continues to threaten the even promising and renowned athletes apart from other issues like …

unknowingly. Some of these athletes are, at times, coming out of maternity leave and they are misled that if they use certain drugs or get injected, they will get back on track. Mr. Temporary Speaker, Sir, going into the future ---

Sen. Cherarkey, due to time, you will have a balance of 11 minutes on the next sitting to continue to move your Motion.