Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Hon. Senators, we now have quorum. Kindly take your seats. Clerk, you may call the first Order.

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

[(The Quorum Bell was rung)]

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of nine young men and women who are in the Senate undertaking an internship programme. The objective of the programme is to provide young people with firsthand experience in the legislative process and to expose them to the intricate world of public policy and public service. They have been assigned to …

Thank you, Mr. Speaker, Sir. I join you to extend a warm welcome to the visiting delegation consisting of young people from across the country who are here on an internship programme. I encourage the young ones to take full advantage of their access to the Parliament of the Republic of Kenya to learn as much as they can in their different fields. Mr. Speaker, Sir, this is a very crucial time for …

Next Order.

The Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights (JLAHRC) or any member of that committee. We will defer that Order.

Mr. Speaker, Sir, please do not allow your office to be policed by people who are not members of the Speaker's office.

Sen. (Dr.) Lelegwe, you are out of order. You cannot walk across from the aisle. Go to the Bar, bow, then you can cross to the other side.

The office of Deputy Governor is established under Article 179 (5) of the Constitution of Kenya, which provides that each county shall have a County Executive Committee comprising the Governor and Deputy Governor, as well as members appointed by the Governor, with the approval of the County Assembly, from among persons who are not members of the Assembly. This constitutional architecture is intend…

[(Sen. Madzayo stood up in his place)]

Senator for Kilifi, a seasoned Member of this House, you know you cannot come between the Chair and the Senator speaking. Proceed, Senator for Nairobi City County.

Mr. Speaker, Sir, as a House, we are yet to prioritise this Bill and accelerate its passage into law, so as to give clarity, protection and proper legitimacy to this office. Without clear statutory backing, we cannot entrench the office and move it from being a face of humiliation, dehumanisation and neglect, an outcome that reflects a glaring failure of our systems. Focused action on this matter …

Sen. Hamida Kibwana.

Thank you, Mr. Speaker, Sir. I have two Statements. Can I read both of them?

You may proceed.

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 on a matter of county-wide concern regarding the urgent measures to address recurrent flooding, drainage failures and poor urban planning in Nairobi City County. Mr. Speaker, Sir, recent flooding incidents have, once again, highlighted the i…

Sen. Mohamed Chute, you may proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek for a statement from the Standing Committee on Land, Environment and Natural Resources on a matter of county-wide concern regarding the legality of development activities in Moyale, Badarero area, Marsabit County, particularly drilling works associated with boreholes and community land rights in the affected dry-seaso…

The Senator for Bungoma County, Hon. Wakoli.

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 on a matter of county-wide concern regarding the current status of the medical insurance scheme for Bungoma County Government executive workers. In the statement, the committee should address the following-

Sen. Maanzo.

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 a matter of national concern regarding the status of issuance of national identity cards in the country. Mr. Speaker, Sir, there has been growing public concern in several counties over the delayed issuance of national iden…

Sen. Mwaruma, please proceed.

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 on a matter of county-wide concern, regarding non-payment of Taita Taveta County ward bursary committee members' allowances.

Sen. Madzayo, please proceed.

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No.159 (1) of the Senate Standing Orders, I beg to notify the Senate that the Energy (Amendment) Bill (Senate Bill No.11 of 2025) , which was sponsored by the Standing Committee on Energy, stands withdrawn. The principal object of this Bill was to amend Section 223 of the Energy Act, so as to exempt county governments from the category of pu…

Very well. Next Order.

The Mover, kindly proceed to reply.

Mr. Speaker, Sir, this Bill has given me hope in this House. As the Leader of Majority, I get discouraged many times I move a Bill and then I am called back to reply after only two or three speakers. It is extremely discouraging because having been in this House for the past three terms, part of the reason that I keep seeking re-election back is the debates and the opportunity to inform policy thr…

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

Do you want to be informed by Senior Counsel?

I do not mind because he is my neighbour. He went to high school in my neighbourhood, and I know they trained him well. He has good information.

Mr. Deputy Speaker, Sir, I am following the submissions by the Senate Majority Leader keenly. I am also disappointed that I witnessed the signing of some two Bills yesterday. One of them is the National Infrastructure Fund Bill, 2026. I thought that that Bill concerns counties and we would have loved to have an opportunity, as the “Upper” House to debate and give some input on it. I do not know wh…

Mr. Deputy Speaker, Sir, while that information is useful---

I am not sure whether that is information that---

It is useful information, but to the wrong audience because Article 110 (3) does not give me those powers. The person who needs to inform us is you and the office of the Speaker, because according to Article 110 (3) , he is a Senior Counsel. He knows this and he gives the power to determine whether a Bill is to be considered by both Houses. As Senate Majority Leader, unfortunately, I wish I had t…

Very well. Your request is granted. So, that will be, we defer the putting of the question. Next Order.

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

I do not know whether there was a Senator who was on the Floor. If none, then the Floor is open. We are now on Order No.9. Sen. Sifuna Edwin, please proceed.

Mr. Deputy Speaker, Sir, you were not in the seat earlier. There were interesting inputs from some of my colleagues about the work of this House. They cast aspersions at some of us and said that we had not done our oversight work well. I expected them to be in the House right now because most of them come from agricultural areas. I remember correctly that the current administration promised MGR t…

Thank you, Mr. Deputy Speaker, Sir. This Bill is like an insurance of the farmers all over the country. However, that insurance is to be handled by the county government in the event of floods, like the ones we witnessed recently. If the crops are swept away, the farmer must be guaranteed some minimum amount, which is an estimation of what they would have made. If we are to have drought or any oth…

Sen. Mungatana Danson.

Mr. Deputy Speaker, Sir, I rise to support this Bill, the Agriculture Produce Bill (Senate. This Bill was moved by the hon. Sen. Veronica Maina. This is a very innovative way of trying to make business out of agriculture, of attracting our young people back to the land and helping them to start life in the rural area. Many young people depart from the county of Tana River and other counties and…

[(Minimum Guaranteed Returns)]

Sen. Eddy, I can see you are seeking my sympathy. However, I wanted the Senate Majority Leader to go first then I come back to you. If he is not ready, then you can utilise your minutes.

Mr. Deputy Speaker, Sir, I thank you for this opportunity. I wish to make my contribution to the Agriculture Produce Bill (Senate Bills No.17 of 2025) . This should not be confused with the promise of guaranteed minimum returns by the Kenya Kwanza administration. I agree, but it is not in the form or text of this Bill. This is a Private

[(Minimum Guaranteed Returns)]

Sen. Moses Kajwang’ is seeking to inform you, if you allow that.

I do not mind.

Mr. Deputy Speaker, Sir, I would like to inform my Leader that, Sen. Kimani Wamatangi became a Senate Majority Whip and was the chairperson of the Senate Standing Committee on Roads and Transportation, a member of the Senate County Public Accounts Committee (CPAC) and the Vice-Chairperson of the Senate County Public Accounts Committee (CPAC) . Sen. Kang’ata was also the Senate Majority Whip for a …

Mr. Deputy Speaker, Sir, he has chosen from the worst of examples, the least that I would wish any Member who wants to serve with distinction. It is the culture and practice, at least the one that I found in this House, when we came together with Sen. Moses Kajwang’ in the first Senate, that when you serve in the leadership--- In fact, Sen. Moses Kajwang’, I must say that this is the first time t…

[(Applause)]

There is a point of order from Senior Counsel Omogeni, Commissioner.

Mr. Deputy Speaker, Sir, the Senate Majority Leader used to be a commissioner. I have gone through the records and seen the bad habits of the commissioners of yesteryears. They are the ones who used to be up every now and then. I remember we christened them “sky team”. However, the commissioners of this term are more reasonable. In fact, I have not travelled this entire session. We are here to ser…

Can you confirm that the former commissioners used to fly the Middle East zone?

No, Mr. Deputy Speaker, Sir. It is Sen. Cherarkey who told me that one time they were alighting from a flight with Sen. Omogeni and instead of coming home at the lounge, he saw another plane and he asked him: “Where is this one going?” He told him to include him in that delegation.

[(Loud consultations)]

Next is Sen. Oketch Eddy.

Mr. Deputy Speaker, Sir, I know my name has been mentioned by Sen. M. Kajwang’, having been in a number of committees. I am the Chair of the Committee on Roads, Transportation and Housing. I am also the Vice Chair of the County Public Investments and Special Funds Committee. It is also important for Sen. M. Kajwang’ to understand that I am also a Member of the Committee on Finance and Budget.

Sen. Cherarkey, I am not the Speaker. You have to seek the attention of the Speaker. Mr. Deputy Speaker, Sir, that is why I am saying that it is extremely important that we pass this Bill to make sure---

Sen. Eddy Oketch, do you want to be informed by Sen. Cherarkey?

Is Sen. Cherarkey a lawyer or a farmer? He should first inform me whether he is a lawyer or a farmer then he can proceed. I am giving him that opportunity with the rider that he is a farmer, not just a lawyer masquerading in Nairobi.

Mr. Deputy Speaker, Sir, naturally, I am a lawyer by profession; an advocate of the High Court of Kenya, a member of the Supreme Court and also a farmer, because I grew up farming.

What do you farm?

I farm maize, dairy and even grocery. I agree with his line of thought that the biggest challenge to the issue of market pricing, especially in crop produce and products such as dairy, is a moribund organisation called the Competition Authority of Kenya (CAK) . It does not make sense that the pricing of milk in Nandi County for example, is lower than it is in Nairobi. So, I would like to inform hi…

Mr. Deputy Speaker, Sir, I want to mention something about the CAK if time allows. I can see I still have about 10 minutes. I will try to be brief so that I also give other people a chance to contribute. I have exhausted the idea of market risks that farmers end up having to the extent that those adverse market conditions do not protect them to get proper income. This Bill is framed in a way that…

Thank you. Very well. Next is Sen. Omogeni Erick Okong’o, Commissioner.

Thank you, Mr. Deputy Speaker, Sir. I was waiting for Sen. Oketch to tell us whether he is a fish farmer or a sugarcane farmer, so that we benefit from his experience as a farmer. I heard that he is the Chairperson of the Committee on Roads and Transportation and the Vice Chairperson of the County Public Investments Committee (CPIC) . I am appealing to him to have sympathy to his neighbours from G…

Does he have those powers to do that? Sen. Omogeni: I am sure if he sends signals that he is willing to do that--- The Deputy Speaker (Sen. Kathuri) : Yes, Sen. Eddy Oketch.

Mr. Deputy Speaker, Sir, you know that there are things that can be said in a very slight way, but they can easily throw aspersions. The fact is, number one, it will be important for my neighbours in Kisii to understand that Sen. Onyonka is not in those two committees. He is not a member of the Committee on Roads and Transport and the County Public Investments and Special Fund Committee

Yes, thank you. I am ever grateful to Sen. Oketch. He put in some support to ensure that I get this position of Commissioner, including my neighbour, my good friend, Sen. Cheruiyot. If there is a Bill that is so important to the farmers of Kenya, it is this particular Bill. When we were having Building Bridges Initiative (BBI) , if you remember, Mr. Deputy Speaker, because you were in the other H…

March, 10, 2026 SENATE DEBATES 41

Yes, thank you. I am ever grateful to Sen. Oketch. He put in some support to ensure that I get this position of Commissioner, including my neighbour, my good friend, Sen. Cheruiyot. If there is a Bill that is so important to the farmers of Kenya, it is this particular Bill. When we were having Building Bridges Initiative (BBI) , if you remember, Mr. Deputy Speaker, because you were in the other H…

[[The Deputy Speaker (Sen. Kathuri) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

March, 10, 2026 SENATE DEBATES 45

March, 10, 2026 SENATE DEBATES 46

Mr. Temporary Speaker, Sir, I beg to move that The Public Audit (Amendment) Bill (National Assembly Bill No.4 of 2024) be now read a Second Time. This is a very interesting Bill and I wish to later on sit and listen to the contribution of our Chairperson of the Committee on Public Accounts because I think more than all of us interact with the audit reports and the works of the Auditor General mor…

March, 10, 2026 SENATE DEBATES 49

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

The Senate Majority Leader, I know his use of Kiswahili might make it difficult for you to understand his concerns. Your line of argument is that the headlines scream of losses of resources vis-a-viz the Auditor General's report. For his clarity, you are not saying there are no aspects of such loss of funds in public offices on the basis of the Auditor General's report. You might need to clarify t…

Mr. Temporary Speaker, Sir, I have struggled to understand and follow Sen. Kinyua in his line of questioning, but I will clarify to him, because, as a colleague, I believe that he is asking this out of good public interest and seeks to understand my trail of argument. Sen. Kinyua, this is a public audit Bill. I am trying to explain the justification and the intent of this particular Bill. While m…

March, 10, 2026 SENATE DEBATES 50

March, 10, 2026 SENATE DEBATES 51

March, 10, 2026 SENATE DEBATES 52

March, 10, 2026 SENATE DEBATES 54

March, 10, 2026 SENATE DEBATES 55

Sen. Olekina, you will have an additional 14 minutes when the House resumes to conclude on your contribution to the Bill.

Mr. Temporary Speaker, Sir, I am a trained auditor. For the first time, I beg to differ with the Senate Majority Leader. I see this Bill as a threat to the independence of the Auditor General and passing the powers of the Auditor General to the advisory board. I see these amendments as being designed to cherry-pick on what can and what cannot be audited. I stand corrected. I have read through thi…

Sen. Olekina, you will have an additional 14 minutes when the House resumes to conclude on your contribution to the Bill.