Senate · Afternoon Sitting

Mr. Speaker, Sir, on behalf of the Senate Majority Leader, I beg to lay the following Papers on the table of the Senate today, 9th May 2024- Report of the Auditor-General on financial statements of Narok Water and Sewerage Services Company Limited for the year ended 30th June, 2023. Report of the Auditor-General on financial statements of Nolturesh Loitokitok Water and Sanitation Company Limited…

[(Sen. Orwoba laid the documents on the Table)]

Proceed, Chairperson Standing Committee on Health. Sen. Mariam, are you coming to lay the Paper on behalf of the Health Committee

Mr. Speaker, Sir, on behalf of the Senate Majority Leader, I beg to lay the following Papers on the table of the Senate today, 9th May 2024- Report of the Auditor-General on financial statements of Narok Water and Sewerage Services Company Limited for the year ended 30th June, 2023. Report of the Auditor-General on financial statements of Nolturesh Loitokitok Water and Sanitation Company Limited…

[(Sen. Orwoba laid the documents on the Table)]

Proceed, Chairperson Standing Committee on Health. Sen. Mariam, are you coming to lay the Paper on behalf of the Health Committee

Proceed.

Thank you, Mr. Speaker, Sir. On behalf of the Chairperson of the Committee on Health, I beg to lay the following Paper on the Table of the Senate today, 9th May 2024- The Report of the Standing Committee on Health on Inquiry on Alleged Irregularities in Procurement of Long-Lasting Insecticide Treatment Nets at Kenya Medical Supply Authority (KeMSA) Thank you. (

[(Applause)]

Hon. Senators, before I allow the Clerk to call the next order, allow me to make this Communication. Proceed to take your seat, Sen. Mariam.

Mr. Speaker, Sir, I do not know why the Senate Majority Leader is so excited about visitors from my office. I take this opportunity to join you and my colleagues. I am equally excited by the excitement among my colleagues, especially Sen. Kinyua. At some point, he was unsure whether I would be attending a function that I have later in the evening. However, when he saw the delegation, he came to m…

These members of staff from my office have come here to see what we do in this House. These are the people that have caused my election twice. These are the people who have stood with me in good and bad times. I am very happy that they are here to witness the work that we do on the floor of the Senate. On behalf of the Senate of the Republic of Kenya, I welcome them and wish them a fruitful visit…

[(Applause)]

Sen. Hamida, take your seat.

Hon. Senators, I would also like to acknowledge the presence in the Public Gallery this afternoon, of visiting students and student leaders from the Technical University of Kenya (TUK) in Nairobi City County. The students are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On…

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 crisis caused by corruption and nepotism allegations at the Kenya Academy of Sports (KAS) , an institution that is vital to the development of sports in the country. In the statement, the committee should-

Thank you, 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 critical issues surrounding the deteriorating condition of the Marere Bridge along the Kwale-Kinango Road. 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 Labour and Social Welfare regarding the crisis caused by corruption and nepotism allegations at the Kenya Academy of Sports (KAS) , an institution that is vital to the development of sports in the country. In the statement, the committee should-

Thank you, Mr. Speaker, Sir---

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the unprocedural disciplinary proceedings being meted out on healthcare workers at Vihiga County Referral Hospital.

That is what you need to start with. Proceed.

Proceed, Sen. Mumma.

Thank you, Mr. Speaker, Sir. On behalf of Sen. Catherine Mumma, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the plans by the Nairobi City County Government and the Ministry of Education to facilitate equitable access to public vocational and technical education and training for the youth in informal settlements in Nairobi. In …

Sen. (Dr.) Khalwale and group, I call you to order. Proceed, Sen. Ogola.

Yes, Mr. Speaker, Sir.

Mr. Speaker, Sir, there is a second statement by Sen. Mumma. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the efforts of both the national Government and the Nairobi City County government to facilitate equal access to public education for children in informal settlements in Nairobi. In the statement, the committee should-

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Information, Communication, and Technology regarding the loss of signal on the Free-To-Air (FTA) channels for licensed broadcast signal distributors (BSDs) namely Pan African Network Group (PANG) and Signet Kenya Limited. In the statement, the committee should-

Sen. (Dr.) Khalwale and group, I call you to order. Proceed, Sen. Ogola.

Mr. Speaker, Sir, there is a second statement by Sen. Mumma. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the efforts of both the national Government and the Nairobi City County government to facilitate equal access to public education for children in informal settlements in Nairobi. In the statement, the committee should-

Next Order, Clerk.

Sen. Olekina and the Majority Leader, just approach the Chair please.

Statement pursuant to Standing Order No.57 (1) , the Senate Majority Leader, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.57 (1) to hereby present the business of the Senate for the week commencing Tuesday, 14th May, 2024. During the sitting of the Senate held on Thursday, 2nd May, 2024, the Senate considered and passed two Bills at the Committee of the Whole stage namely; the Division of Revenue Bill (National Assembly Bills No.14 of 2024) and the County Govern…

Next Order, Clerk.

Sen. Methu, Kaunti ya Nyandarua; Sen. Mungatana, MGH, Kaunti ya Tana River; Sen. Munyi Mundigi, Kaunti ya Embu; Sen. Murgor, Kaunti ya West Pokot; Sen. Ogola, Kaunti ya Homa Bay; Sen. Olekina, Kaunti ya Narok; Sen. Omogeni, Kaunti ya Nyamira; Sen. Osotsi, Kaunti ya Vihiga; Sen. Tobiko, Kaunti ya Kajiado; Sen. Sifuna, Kaunti ya Mji wa Nairobi; na, Sen. Wambua, Kaunti ya Kitui.

Kenya inazipa Serikali za Kaunti jukumu la kuendeleza, kuanzisha, kusimamia na kudumisha vifaa vya michezo na kitamaduni ambavyo ni pamoja na viwanja, viwanja vya michezo, vituo vya kitamaduni, na miundombinu mingine inayohusiana; IKIKUMBUKWA KUWA ukanda mzima wa Pwani Nchini hauna uwanja wa kisasa uliojengwa kwa viwango vya kimataifa, hivyo kuwanyima wananchi manufaa yanayotokana na viwanja na v…

Sen. Methu, Kaunti ya Nyandarua; Sen. Mungatana, MGH, Kaunti ya Tana River; Sen. Munyi Mundigi, Kaunti ya Embu; Sen. Murgor, Kaunti ya West Pokot; Sen. Ogola, Kaunti ya Homa Bay; Sen. Olekina, Kaunti ya Narok; Sen. Omogeni, Kaunti ya Nyamira; Sen. Osotsi, Kaunti ya Vihiga; Sen. Tobiko, Kaunti ya Kajiado; Sen. Sifuna, Kaunti ya Mji wa Nairobi; na, Sen. Wambua, Kaunti ya Kitui.

Next Order, Clerk.

Serjeant-at-Arms, you need not to open the doors. Let them stay closed and the bar drawn. We are going for Division. We are going to vote twice on this particular Order. We are going to vote for the amendments, once the amendments are carried, we are going to proceed to vote for the Motion as amended. Therefore, hon. Senators, kindly remove your cards from your delegate units. Serjeant-at-Arms, …

[(Question of the amendment proposed)]

[(Hon. Senators proceeded to vote)]

[(Sen. Ogola, Sen. Tobiko and Sen. Methu approached the Dispatch Box and voted)]

We shall proceed to vote on the Motion as amended. Therefore, I am going to put the Question.

[(Question of the Motion as amended put and the Senate proceeded to vote by County Delegations)]

Sen. Murgor and Sen. Tobiko proceed to the Dispatch box and cast your vote.

[(Sen. Murgor and Sen. Tobiko approached the Dispatch Box and voted)]

Hon. Senators, the results of the Division on the Motion as amended are as follows-

FURTHER CONCERNED that most of the service providers in the counties are battling court cases lodged against them by their financiers and suppliers while others are languishing in poverty caused by the increased cost of living, with increased mental health disease incidences and others dying as a result of the effects of colossal amounts of debt owed to them by county governments; NOW THEREFORE, …

Hon. Senators, the results of the Division are as follows:

Hon. Senators, I will reorganize the Order Paper. We are done with Order No. 11. We will therefore go to Order No. 20. Clerk, you can call it out?

The Senate Majority Leader?

Madam Temporary Speaker, on many occasions I have said that if the relation was to be kept as is the case right now, where Speakers of both Houses consult and agree prior to the publication of any Bill on both Houses, although it is not the ideal situation because there have been occasional squabbles that a certain Bill has not gone for concurrence from either House, but, that is what we seek from…

us and the National Assembly then input that into their report and bring us the amendments. I expect a radical departure on what is proposed in this particular Bill. After that, we can meet with our colleagues of the National Assembly at the mediation stage and agree to something. If fine, then we should have a law that will guide this process. That way, this dispute will become something of the …

There are certain Bills which they hold the view that this is not even something for debate. They have listed a number of them including the annual County Allocation of Revenue Bill, which is something we do on both Houses, the Appropriation Bill, which is done in the National Assembly, the Finance Bill, any Bill that provides for taxation and revenue-raising powers of the national Government, and…

[[The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

Thank you, Madam Temporary Speaker, for giving me the opportunity to speak on this Bill. I also want to thank the Senate Majority Leader because he moved this Bill in a very able manner. I am currently sitting in a Mediation Committee. About two weeks ago, the Speaker of the National Assembly, the Hon. Moses Wetangula, announced that two Bills had been rejected in Second Reading in the National A…

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the National Rating Bill (National Assembly Bill No.55 of 2022) and its approval thereof with amendments.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report. I ask the Senator for Laikipia, Sen. Kinyua, to second.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Speaker, Sir, I beg to move that the National Rating Bill (National Assembly Bill No.55 of 2022) be now read a Third Time. I request the Senator for Kisumu County to second.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

Hon. Senators, we will now go for Division. Serjeant-at-Arms, ring the Bell for five minutes.

[(The Division Bell was rung)]

Serjeant-At-Arms you can stop the bell. Clerk do we have quorum?

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

Kindly draw the bars and close the doors. .

[(The Bars were drawn and the Doors closed)]

(Question put)

Hon. Senators, log out and log into the system. Kindly start the voting.

[(Electronic voting in progress)]

Hon. Senators, the results of the Division for Third Reading are as follows -

Hon. Senators, I will reorganize the Order Paper. We are done with Order No. 11. We will therefore go to Order No. 20. Clerk, you can call it out?

The Senate Majority Leader?

Thank you, Madam Temporary Speaker. I beg to move that the Houses of Parliament (Bicameral Relations) Bill, 2023 be now a Second Time. This is a very important Bill whose history we all know. Sometimes, around the year 2018, the Senate did something quite historic. The entire House folded and we walked hand-in-hand from these Chambers of Parliament, all the way to Milimani High Court. We had trie…

Hon Senators, it is now 6.30

us and the National Assembly then input that into their report and bring us the amendments. I expect a radical departure on what is proposed in this particular Bill. After that, we can meet with our colleagues of the National Assembly at the mediation stage and agree to something. If fine, then we should have a law that will guide this process. That way, this dispute will become something of the …

There are certain Bills which they hold the view that this is not even something for debate. They have listed a number of them including the annual County Allocation of Revenue Bill, which is something we do on both Houses, the Appropriation Bill, which is done in the National Assembly, the Finance Bill, any Bill that provides for taxation and revenue-raising powers of the national Government, and…

Thank you, Senate Majority Leader. Proceed, Sen. Mungatana.

Thank you, Madam Temporary Speaker, for giving me the opportunity to speak on this Bill. I also want to thank the Senate Majority Leader because he moved this Bill in a very able manner. I am currently sitting in a Mediation Committee. About two weeks ago, the Speaker of the National Assembly, the Hon. Moses Wetangula, announced that two Bills had been rejected in Second Reading in the National A…

giving all these details? It is for those Senators who are listening to me, to appreciate that there is a legal lacuna that we need to fix in as far as the relationship between the National Assembly and the Senate is concerned. This must be fixed today, not tomorrow, because we have a lot of pending business between the two Houses and many times we have different viewpoints on the same issues. Th…

I can see the Chairperson of the JLAC is here. Proceed, Sen. Methu.

Thank you, Madam Temporary Speaker. I have been struggling to check the time. Yesterday we had an issue with the various clocks in the House. They were reading different scripts and it was raised as a point of order and directions were given by the Chair then that the clock on my left, right and the one directly against the Chair should be in sync. Madam Temporary Speaker, I believe there must ha…

Senator, if I can give a guide on that clock, in my view, I do notice that is a valid concern. The three clocks are reading differently. It is already 6.30 p.m. on the right-hand side, which is not the case for the clock in the middle aisle and on the Minority side. It is only on the Majority side that it is