Senate · Afternoon Sitting
Tuesday, 11 April 2023
Senators voiced strong criticism over the privatization of state‑owned hotels without parliamentary oversight and highlighted concerns that the Higher Education Loans Board is channeling the majority of its funds to private universities, undermining public institutions. They also sought statements on delayed disbursements to university and TVET students and on the failure to release capitation funds to special schools, calling for greater accountability and public participation. Senators provided updates on the Senate Education Committee’s induction, stakeholder engagements and upcoming county oversight visits, and welcomed a delegation of US Congress members and Save the Children representatives, emphasizing bipartisan cooperation and support for disadvantaged children. The debate also highlighted challenges in public participation, noting an unexpectedly large turnout for a hearing on the Mung Beans Bill in Kitui County. Overall the tone was constructive and collaborative. Sen. Oketch Gicheru advocated registering street children to grant them identity and rights, while warning that privatisation of state entities must reflect the will of the people and be overseen by Parliament. Sen. Mwaruma echoed concerns about the lack of parliamentary involvement and transparency in recent privatisation decisions, demanding criteria and public participation. The Temporary Speaker managed time and procedural matters.
Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for five minutes. Clerk, now that we have the requisite quorum, kindly proceed to read the First Order.
[(The Clerk-at-the-Table consulted the Speaker)]
[(The Quorum Bell was rung)]
[(Several Senators walked into the Chamber)]
I take this opportunity to welcome you back from the short recess. I hope you had time to meet with your constituents, friends and families over the past week. Part II of the Senate Calendar commences today and will run until the rise of the Senate on Thursday, 4th May, 2023. Hon. Senators, you will recall that just before the Senate proceeded on recess, we adopted amendments to the Standing Orde…
This is provided for in Part XII of the Standing Orders. Consequently, we also altered the Senate Calendar to provide for a morning sitting every Wednesday when CSs will appear before the Senate. In line with the resolution of the Senate, when considering the fifth Report of the Procedure and Rules Committee on the amendments to the Senate Standing Orders, I would like to remind hon. Members that …
Proceed, Sen. Cherarkey.
Thank you, Mr. Speaker, Sir, and welcome back from recess.
THAT, the family of hon. Jean-Marie Seroney have made best efforts to have these matters addressed by relevant authorities but they have failed to give satisfactory response; THAT, none of these issues raised in this Petition are pending in any court of law, constitutional, or any other legal body;
Hon. Senators, I have another petition to present and, thereafter, we will make comments. I will invite comments on the two Petitions within the available 30 minutes meant for Petitions.
On a point of order, Mr. Speaker, Sir.
What is your point of order? Confine your point of order to Standing Order No.98.
Mr. Speaker, Sir, I have a point of order on your Communication. I just need further clarification. We have students in both the Public and Speaker’s Gallery. You know the pecking order and significance of sitting arrangements in this Parliament. Why did you deny the students --- What is your problem? I am not offending you.
[(An. hon. Senator spoke of record)]
Sen. (Dr.) Khalwale, conclude ---
Mr. Speaker, Sir, in my understanding, the Speaker’s Gallery is rated higher than the Public Gallery. Therefore, the students should have been subjected to the same treatment, so that the Senator of Siaya acknowledges both of them when they are both in the Public Gallery or the Speaker’s Gallery. They should receive equal treatment. I thought we fought for the new Constitution, so that all Kenyans…
Sen. (Dr.) Khalwale that does not amount to a point of order. However, administratively, the Clerk has taken note. Proceed, Sen. (Dr.) Oburu.
Thank you, Mr. Speaker, Sir. I do not know whether Sen. (Dr.) Khalwale wanted them to be honoured more or less. Whatever the case, the students need to be honoured more because they are not only just leaders of tomorrow, but also of today.
Mr. Speaker, Sir, the delegations visiting the Senate have decided to come here to learn from us, some of whom are in the evening of their exit. This is a very important occasion for the students. I encourage the students from the great County of Migori to work hard. There is no shortcut to being a leader. If you want to be leader, you must work hard. You must also be honest, truthful and be commi…
[(Applause)]
Next order, Clerk.
Proceed, Senate Majority Leader.
Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate, today, 11th of April, 2023 -
Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate: Report of the Auditor-General on the financial statement of the following: Bungoma County Trade Development Loans Fund for the year ended 30th June,
Next order.
I beg your pardon, Mr. Speaker, Sir. I missed one report and I beg to lay it on the Table. Report of the Auditor-General on the financial statements of Nyeri County Health Services Fund for the year ended 30th June, 2022. Thank you.
[(Sen. (Dr.) Khalwale laid the document on the Table)]
Next order. Sen. Crystal Asige.
Thank you, Mr. Speaker, Sir. I kindly request if I can look for my notes and do it afterwards.
Sen. Kibwana.
Thank you, Mr. Speaker, Sir. I have three Statements and I will go ahead to read them. The first one is on the welfare of street families and children.
Sen. Kibwana, you are supposed to give Notice of your Motion.
Mr. Speaker, Sir, I beg to give Notice of the following Motions-
Proceed, Sen. Crystal Asige.
Mr. Speaker, Sir, I beg to give Notice of the following Motion - AWARE THAT, Kenyans have a right to a clean and healthy environment pursuant to Article 42 of the Constitution;
NOTING THAT the National Climate Change Action Plan identifies transportation as the fourth largest contributor to greenhouse gas emissions which if uncontrolled, will result to negative impact of climate change that will adversely affect millions of Kenyans; CONCERNED THAT the number of private vehicles has significantly grown leading to increased road accidents, carbon emissions and vehicle cong…
Let us go to the next Order.
Sen. (Dr.) Lelegwe Ltumbesi, Senator for Samburu, is not in. However, we will start by taking the Statements from the Chairs of the Committees first before we go to the general Statements. Therefore, I am going to call the following Chairpersons: The Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries, is supposed to issue a Statement relating to the activities of the Co…
On a point of order.
What is your point of order, Sen. Cherarkey?
Mr. Speaker, Sir, I just need your clarification. Under Standing Order No.1, you have given opportunity to the Chairs to issue Statements relating to activities of committees. The clarification I would like to have from you is whether you will allow interventions, contributions or riders on the Statements by Chairpersons which are critical. Therefore, I seek your indulgence because when it comes …
Mr. Speaker, Sir, looking at the Order Paper, I can see that we have quite a number of Statements by colleagues under Standing Order Nos.52(1) and 53(1). Maybe you need to give direction on that. Is it that the Chairs will read without interventions from the House or we will also make comments on the Statements by the Chairs? Mr. Speaker, Sir, maybe you can guide us. You also have powers under St…
Thank you, Sen. Cherarkey. Because of the time factor and if you look at the Order Paper, we have substantial business to transact today. Therefore, I will allow at most, two interventions per Statement made by a Chairperson of a Standing Committee, so that we cover as much business as we can, especially the business that is appearing on the Order Paper. Let me just share this with you. We were a…
Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Agriculture, Livestock, Fisheries and Blue Economy from 14th October, 2022, to 30th March, 2023. The Senate Standing Committee on Agriculture, Livestock and Fisheries is established under Standing Order No.228 (3) of the Senate…
The Chairperson, Standing Committee on Devolution and Intergovernmental Relations, you have the Floor. We will hear the Statements and thereafter proceed to the interventions.
Thank you, Mr. Speaker Sir. I rise pursuant to Standing Order No.56 (1) (b) to make a statement on the activities of the Standing Committee on Devolution and Intergovernmental Relations for the period commencing 29" September, 2022 to 31" March 2023. The Committee has considered several statements sought by the Hon. Senators, which include:
Sen. Osotsi and Sen. Wambua, kindly adhere to the Standing Order No.118. Chairperson, please, proceed.
Mr. Speaker, sir, it provides that the boundaries of a county can only be altered through a resolution of an independent Commission set up for this purpose by Parliament. Mr. Speaker, Sir, the Committee is currently considering the County Boundaries Bill, 2023 (Senate Bills No.6 of 2023) . It seeks to provide for a mechanism for the resolution of county boundary disputes, as well as give effect t…
Technical Committee (IGRTC); County Assemblies Forum (CAF); Council of Governors (COG); the Senate Liaison Office (SLO) and the West Minister Foundation for Democracy (WMWFD). I wish to inform the House that together with the State Department of Devolution – which is a key player in the devolution space – we had fruitful discussions that set the tone for strengthening our collaboration and buildi…
Mr. Speaker Sir, the Committee considered the 2023 Budget Policy Statement and the Medium-Term Debt Management Strategy on which it made critical observations and sustainable recommendations on the policies touching on the various fiscal challenges and risks that are facing the county governments. The Committee has submitted its report to the Standing Committee of Finance and Budget and hopes tha…
Hon. Senator, you are supposed to make your Statement for not more than 10 minutes. Pursuant to Standing Order No.51 (2) . You have already overshot the runway. Kindly conclude and table your Statement.
Mr. Speaker, Sir, allow me to conclude. In total, I have 79 laws to be reviewed. It is important to note that this non-conformity of the devolved sector laws has been a huge claw back in the success of implementing devolution and, as such, the
Committee believes that its report on the matter will help the other Senate Committees to have this challenge looked into and a mechanism providing for a solution put in place. Mr. Speaker, Sir, in conclusion, the Committee plans to carry out the following key activities in this Session-
Let it be final.
The Chairperson Standing Committee on Education, proceed. Clerk, Kindly, time the Senator for 10 minutes. Beyond that, let the microphone switch off automatically.
Thank you, Mr. Speaker, Sir. However, your directive will be disadvantageous to me.
The Standing Committee on Education is established under Standing Order 228
The Committee will conclude on this matter within the coming two weeks, prepare its report and respond to the petitioner in line with the provisions of the Standing Orders. Mr. Speaker, Sir, on Committee induction and stakeholder engagements, the Committee conducted its induction retreat between 6th and 10th February, 2023 and met with stakeholders drawn from the Ministry of Education in order to…
Thank you, Senators. Before I give Members time to make comments on the three Statements by the Chairpersons of those Standing Committees, allow me to make the following Communication.
Thank you, Mr. Speaker, Sir. We are delighted to welcome this team. It is a big team of 26. Yesterday, we went to Turkana County, particularly, Kakuma Camp. They are on a mission in the country to promote education, especially to disadvantaged children. That is why they are accompanied by the CEO of Save the Children Fund of the USA. In fact, I am a beneficiary of Save the Children Fund, UK. It t…
Thank you, Mr. Speaker, Sir. I join you and my colleagues in welcoming the two Congress persons from the USA to this great Republic of Kenya. I am very happy that you are working with Save the Children Fund. I am very conversant with the work that they do. I am happy that you got a chance to visit the Masai Mara. I represent Narok County, which has the Masai Mara Game Reserve. I welcome you agai…
I requested to welcome you because America is my second home. I know the amount of work that you do. To see two Congresspersons from the Republican Party and the Democratic Party working together will assist us to learn to be bipartisan. Just like the USA, the Senate of the Republic of Kenya and the National Assembly are growing to be two different, distinct bodies. We represent the interests of …
Proceed, Sen. Wambua.
[(Sen. Wambua spoke off record)]
Your comments on the three reports that have been read out.
Thank you, Mr. Speaker, Sir. I take this opportunity to congratulate the Chairman, the Committee on Agriculture, Livestock and Fisheries where I sit. I asked to comment on this issue because it is true that Article 118 of the Constitution requires that Committees of Parliament conduct public participation in the process of handling Bills and legislation. The requirement there is directed to Parli…
[(Applause)]
Therefore, let us define public participation for committees. When they go out to meet people for public participation, what kind of facilitation do we need to afford so that the image of the Senate is not dented? On the Report by the Committee on Devolution and Intergovernmental Relations, the Chairman has left, but let it go on record. Mr. Speaker, Sir, I still insist that this House is the an…
Thank you, Mr. Speaker, Sir. I wanted to comment on the Statement by the Committee on Agriculture, Livestock and Fisheries. My congratulations for the work they have done so far. A brief and quick one. The Committee omitted a very critical issue which I wanted to hear about. As the previous Senator has said, the committees and their chairpersons need to know - because they will read this on recor…
Thank you. We now move to Statements pursuant to Standing Order No.52 (1) . Sen. Crystal Asige, proceed.
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 52 (1) to make a Statement of topical concern on commemorating World Autism Awareness Day and Month. World Autism Awareness Day is a global event observed annually on the 2nd of April and continues throughout the month. Autism spectrum disorder is a developmental disorder characterized by behavioral and communication challenges th…
It goes without saying that public policy and sensitization is incredibly important through the Ministry of Education for teachers of autistic children to exercise more than anyone else as this is an essential prerequisite for effective classroom management. Mr. Speaker, Sir, while the day celebrates the stories and lives of those with autism, it is important to remember that this is a lifelong c…
Let us now go to Statements pursuant to Standing Order No.53 (1) .
Mr. Speaker, Sir, I have three Statements. My first Statement is about the welfare of the street families and children.
Thank you, Sen. Mwaruma. Hon. Members, I have got a request from Sen. Cherarkey as well as Sen. (Prof.) Kamar and you both have got Statements pending. I do not know whether you want to comment on the Statement by Sen. Mwaruma or to your Statement that is scheduled for this afternoon as well. Sen. Cherarkey, the Speaker dropped your statement because it was called out in your absence. If you woul…
Thank you, Sen. Mwaruma. Hon. Members, I have got a request from Sen. Cherarkey as well as Sen. (Prof.) Kamar and you both have got Statements pending. I do not know whether you want to comment on the Statement by Sen. Mwaruma or to your Statement that is scheduled for this afternoon as well. Sen. Cherarkey, the Speaker dropped your statement because it was called out in your absence. If you woul…
Thank you, Mr, Temporary Speaker, Sir. The great people of Bomet County must be proud of what you are doing in the House considering that this is your first term and we are proud of you. Mr. Temporary Speaker, Sir, when I hear issues of HELB, I get mad, but I am not running mad. The chunk of the money that is sent by HELB to private universities is killing public universities. We must have this c…
Mr. Temporary Speaker, Sir, on a point of information.
Sen. Cherarkey, do you want to be informed?
Yes, I would like to be informed, but in only one second because my time is running out.
Mr. Temporary Speaker, Sir, the HELB and the Ministry of Education should fact check the universities well. You know one of the principals in Azimio has a fake degree. Mr. Temporary Speaker, Sir, what I am saying is simple. We must agree as a nation to believe in public institutions. The comrades are suffering. You know when the comrades open university, they eat chicken. After sometime, they eat…
Mr. Temporary Speaker, Sir, the HELB and the Ministry of Education should fact check the universities well. You know one of the principals in Azimio has a fake degree. Mr. Temporary Speaker, Sir, what I am saying is simple. We must agree as a nation to believe in public institutions. The comrades are suffering. You know when the comrades open university, they eat chicken. After sometime, they eat…
Sen. Cherarkey, you did not mince your words in your comments. Thank you for that. Sen. (Prof.) Kamar, you have the Floor.
Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the failure by the Ministry of Education to release the capitation funds to special schools since January 2023. In the Statement, the Committee should -
Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the failure by the Ministry of Education to release the capitation funds to special schools since January 2023. In the Statement, the Committee should -
Sen. (Prof.) Kamar, you just need to read your Statement. Do not debate it.
Thank you, Mr. Temporary Speaker, Sir. I put it to rest.
Sen. Crystal Asige, do you want to comment on the Statement by Sen. (Prof.) Kamar?
Mr. Temporary Speaker, Sir, yes, please.
Go ahead. You have two minutes. We are limiting our comments to two minutes.
It is a real problem and children with disabilities are suffering. This is because every single year, the budgeting remained the same yet our children who are in special schools or need special attention in education, are increasing every single year. Mr. Temporary Speaker, Sir, I support the Statement by Sen. (Prof.) Kamar. I will also be looking forward to hearing the responses from the Ministr…
It is a real problem and children with disabilities are suffering. This is because every single year, the budgeting remained the same yet our children who are in special schools or need special attention in education, are increasing every single year. Mr. Temporary Speaker, Sir, I support the Statement by Sen. (Prof.) Kamar. I will also be looking forward to hearing the responses from the Ministr…
Sen. Mwarama, you have the Floor.
Thank you, Mr. Temporary Speaker, Sir, for this opportunity to comment on this very important Statement by Sen. (Prof.) Kamar about funding of education in special needs schools. It is really discouraging to hear that capitation that is supposed to finance education in special needs schools is not forthcoming. From the Statement, salaries for employees who are supposed to support the students who…
Sen. (Dr.) Khalwale, you have the Floor.
Mr. Temporary Speaker, Sir, the Statement must be strong enough and a proper proactive answer should be brought before us because we cannot treat children who are living with disabilities as if they have committed a crime for not having been born with all the five senses.
Mr. Temporary Speaker, Sir, the Statement must be strong enough and a proper proactive answer should be brought before us because we cannot treat children who are living with disabilities as if they have committed a crime for not having been born with all the five senses.
Hon. Members, that brings us to the end of time assigned for Statements. We earlier on had dealt with Statements from the various chairpersons of the committees. Next Order.
Hon. Members, this will also be deferred. Second Reading
Hon. Members, this will also be deferred. Second Reading
30 p.m., time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, 12 th April, 2023 at 9.30 am. The Senate rose at 6.31 p.m.