Senate · Afternoon Sitting

Tuesday, 12 March 2024

Session Summary

Senators debated a series of amendments to the affordable housing Bill, centring on whether proposed clauses breach constitutional property‑rights provisions and the appropriate role of county versus national agencies. The discussion featured strong opposition to certain amendments, motions to delete or insert paragraphs in the Bill’s schedules, and procedural disputes over speaking rights. The tone was contentious with both constructive proposals and sharp criticism. Senators voiced frustration over delayed Treasury disbursements that are hampering the operation of their offices, while also welcoming a student delegation and highlighting local development achievements. The session then moved to procedural business, including the rearrangement of the order paper and several amendment motions on a housing‑related bill. Senators debated whether to extend the afternoon sitting to complete consideration of the Affordable Housing Bill. Opposition members accused the Majority Leader and Deputy Speaker of rushing the process and abusing rules, while the Deputy Speaker defended the extension as necessary and procedural. The exchange highlighted tensions over legislative timing and procedural authority.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Then, kindly proceed to call the first Order.

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

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The Speaker (Hon. Kingi)

AND WHEREAS on Tuesday, 5th March, 2024, the National Assembly considered and rejected the Bill, thereby committing it to a Mediation Committee, pursuant to Article 112(1)(a) of the Constitution; NOW THEREFORE, in accordance with the provisions of Article 112 of the Constitution and Standing Orders No.149 of the National Assembly Standing Orders, I hereby convey the said decision of the National …

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The Speaker (Hon. Kingi)

Hon. Senators, take your seats. Kindly be orderly.

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The Speaker (Hon. Kingi)

Proceed, Majority Leader.

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Sen. Cheruiyot

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Tuesday, 12th March, 2024-

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Sen. Cheruiyot

Report of the Auditor-General on Financial Statements of Kericho County Alcoholic Drinks Control Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Kajiado County Youth and Women Enterprise Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of the County Government of Marsabit Mortgage Scheme Fund for the …

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The Speaker (Hon. Kingi)

The Chairperson Standing Committee on Labour and Social Welfare or any Member of that Committee?

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Sen. Miraj

Mr. Speaker, Sir, on behalf of the Chairperson of the Standing Committee on Labour and Social Welfare, I beg to lay the following Paper on the Table of the Senate, today, 12th March, 2024- Report of the Standing Committee on Labour and Social Welfare on its consideration of the Public Service (Amendment) Bill (National Assembly Bills No. 46 of 2022) .

[(Values and Principles)]

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

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Proceed, Sen. Crystal Asige.

[(Sen. Crystal Asige walked into the Chamber)]

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The Speaker (Hon. Kingi)

Be patient with her as she walks in.

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Sen. Crystal Asige

Pardon me, Mr. Speaker, Sir. I beg to give notice of the following Motion- THAT, 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 (NCCAP) identifies transportation as the fourth largest contributor to greenhouse gas emissions, which if uncontrolled, will result to the negative impact …

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Sen. Chimera

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from Standing Committee on Devolution and Intergovernmental Relations regarding boundary disputes between Kwale and Kilifi counties.

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Sen. Chimera

In the Statement, the committee should-

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The Speaker (Hon. Kingi)

Proceed, Sen. Sifuna.

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Sen. Sifuna

Mr. Speaker, Sir, for the record, I am holding brief for Sen. Oketch Gicheru of Migori. 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 regarding the use of unnecessary and excessive force by the police during the peaceful procession by the Kenya Medical---

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Order, hon. Senators. The Senator for Nandi, can you not locate your seat? It is somewhere here.

[(Laughter)]

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Sen. Sifuna

Mr. Speaker, Sir, allow me to begin from the top. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the use of unnecessary and excessive force by the police during the peaceful procession by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) on Thursday, 29th February, 2024.…

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The Speaker (Hon. Kingi)

Next is Sen. Veronica Maina. Sen. Veronica Maina: Thank you, Mr. Speaker, Sir, for this opportunity. I have two Statements and I believe I can read both of them.

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Sen. Veronica Maina. Sen. Veronica Maina:

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Sen. Veronica Maina. Sen. Veronica Maina:

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy regarding the effects of the proposed energy regulations by the Energy and Petroleum Regulatory Authority (EPRA) on the electricity sector in the country. In the Statement, the Committee should-

[(electricity market, bulky supply and open access)]

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Sen. Veronica Maina

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy regarding the effects of the proposed energy regulations by the Energy and Petroleum Regulatory Authority (EPRA) on the electricity sector in the country. In the Statement, the Committee should-

[(electricity market, bulky supply and open access)]

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The Speaker (Hon. Kingi)

Sen. Veronica Maina, your colleagues cannot hear you. Just use the other microphone.

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Sen. Veronica Maina

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 efficiency and competitiveness of the Port of Mombasa. In the Statement, the Committee should-

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Sen. Veronica Maina

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 efficiency and competitiveness of the Port of Mombasa. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Order, Sen. M. Kajwang'. I have been watching you keenly. Now you are on the sixth minute just exchanging greetings. Kindly make use of the Lounge because it has no Standing Orders. Proceed, Sen. Veronica Maina.

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Sen. Veronica Maina

In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

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 policies governing confirmation of appointment in public service after probation period. In the Statement, the Committee should-

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Sen. Wafula

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 policies governing confirmation of appointment in public service after probation period. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Order, hon. Senators! Sen. Miraj and Sen. Nyamu, you may consult, but keep it in low tones

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Sen. Wafula

The third question is as follows-

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I have two Statements. With your kind permission, I request that I take both of them. First, I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Education regarding the exclusion of Alternative Provision of Basic Education and Training Institutions, formerly known as (APBET) institutions, from the education framework. In the Stateme…

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Sen. Sifuna

Thank you, Mr Speaker, Sir. Secondly, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the ownership of Kariokor Estate in Starehe Constituency, Nairobi County. In the Statement, the Committee should -

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Sen. Sifuna

Thank you, Mr Speaker, Sir. Secondly, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the ownership of Kariokor Estate in Starehe Constituency, Nairobi County. In the Statement, the Committee should -

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The Speaker (Hon. Kingi)

Sen. Esther Okenyuri, you may proceed.

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism regarding the disbursement of UWEZO of fund by the Ministry of Cooperatives and Micro, Small and Medium Enterprises (MSMEs) , development. In the Statement, the Committee should -

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Sen. Okenyuri

Se. Munyi Mundigi, you have the Floor.

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The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education concerning the state of Early Childhood Development Education, (ECDE) teachers training in the country. In the Statement, the Committee should-

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Sen. Munyi Mundigi

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education concerning the state of Early Childhood Development Education, (ECDE) teachers training in the country. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Fatuma Dullo, you have the Floor. That Statement is dropped.

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the conditions of markets within Vihiga County. In the Statement, the Committee should-

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Sen. Osotsi

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the conditions of markets within Vihiga County. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Senator for Nandi County, proceed. Sen. Tabitha Keroche is certainly not the Senator for Nandi County.

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Sen. Cherarkey

Mr. Speaker, Sir, the Senator of Nakuru County is confusing me.

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Sen. Cherarkey

by Athletics Kenya (AK) to identify and select officials and team representing Kenya in the upcoming 13th Edition of the Africa Games in Accra, Ghana. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources on the status of the processing of land ownership documents for residents of Nanyuki and Makutano/Ngobit Wards in Laikipia County. In the Statement, the Committee should-

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Sen. Kinyua

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources on the status of the processing of land ownership documents for residents of Nanyuki and Makutano/Ngobit Wards in Laikipia County. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Proceed, Sen. Tabitha Keroche.

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Sen. Tabitha Keroche

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 on the increased number of dropped calls on the mobile network telecommunications service provider, Safaricom.

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Sen. Methu

In the Statement, the Committee should-

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Sen. Methu

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 regarding the resettlement of Internally Displaced Persons (IDPs) from Saku Constituency in Marsabit County. In the Statement, the Committee should-

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Sen. Chute

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 regarding the resettlement of Internally Displaced Persons (IDPs) from Saku Constituency in Marsabit County. In the Statement, the Committee should-

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Sen. Olekina

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the status of infrastructure projects undertaken by all county governments in the education sector. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern namely, the operating expenses of the county offices. I take this opportunity to inform the House of the progress made in the disbursement of funds to county offices by the Parliamentary Service Commission (PSC) . I do this appreciating my duty to this House, which approved my …

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Sen. Omogeni

I, therefore, wish to bring to the attention of all Senators that though they are required to account for their office expenses for January, February, and March 2024, we have been unable to disburse these monies to the respective accounts due to the Exchequer not being released by the National Treasury. I, therefore, request Senators to take note for general information and not to confront me on …

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Sen. Omogeni

I, therefore, wish to bring to the attention of all Senators that though they are required to account for their office expenses for January, February, and March 2024, we have been unable to disburse these monies to the respective accounts due to the Exchequer not being released by the National Treasury. I, therefore, request Senators to take note for general information and not to confront me on …

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The Speaker (Hon. Kingi)

I will allow comments on these Statements, two Senators from each side. Sen. Wambua, proceed.

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Sen. Wambua

Thank you, Mr. Speaker, Sir, for this opportunity. I thank Commissioner, Sen. Omogeni, for updating the House on the status of the release of funds, especially for operations of our respective county offices. Mr. Speaker, Sir, we are now beginning to play hide and seek with the electorate and even our members of staff. This is because the funds that Sen. Omogeni has made reference to for the oper…

[(Applause)]

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[(Applause)]

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The Speaker (Hon. Kingi)

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The Speaker (Hon. Kingi)

Hon. Senators, the contribution by the two hon. Senators should sum it all. Before I ask the Clerk to call the next Order, I have got this Communication to make.

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Sen. Tobiko

delighted to see the students here at the Senate. I hope the visit motivates them to go and work hard, study and be the future Senators and Members of Parliament (MPs) in this country. Additionally, they can become Presidents and all other professions. Mr. Speaker, Sir, it delights me particularly because I built this school when I was a MP from ground zero to what it is today.

[(Applause)]

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Sen. Tobiko

Next Order, Clerk. Clerk, just have a seat. Before we start some war in Kajiado County, I will allow Sen. Seki, under one minute, to extend a welcome to the visiting delegation.

[(Applause)]

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The Speaker (Hon. Kingi)

Next Order, Clerk. Clerk, just have a seat. Before we start some war in Kajiado County, I will allow Sen. Seki, under one minute, to extend a welcome to the visiting delegation.

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Sen. Seki

Thank you, Mr. Speaker, Sir. I thought you forgot that I am an elected Senator.

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The Speaker (Hon. Kingi)

Proceed, Sen. Seki. Of course, you are the elected Senator for Kajiado.

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Sen. Seki

Thank you, Mr. Speaker, Sir. I take this opportunity to also welcome the students from Kitengela Magereza Mixed Secondary School, together with the teachers, on behalf of the Senate. I am the Senator for Kajiado. I appreciate you coming here today to learn from this Senate. I also thank Sen. Tobiko for being a pillar of our county, particularly Kajiado East and for establishing this school in 201…

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The Speaker (Hon. Kingi)

Next Order, Clerk.

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The Senate Minority Leader (Sen. Madzayo)

Thank you, Mr. Speaker, Sir. I second the Motion.

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The Speaker (Hon. Kingi)

Hon. Senators, kindly, take your seats. Hon. Senators, I now proceed to propose the question. Hon. Senators, this being a Procedural Motion, you may elect to debate this Motion or allow me to put the question so that we vote.

[(Question proposed)]

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Hon. Members

Put the Question!

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The Speaker (Hon. Kingi)

Hon. Senators, allow me to invoke Standing Order No.45(2) for the convenience of the House to rearrange today's Order Paper. We will skip Order No.9 and move straight away to Order No.10. Clerk, can you proceed to call Order No.10?

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The Speaker (Hon. Kingi)

Hon. Senators, allow me to invoke Standing Order No.45(2) for the convenience of the House to rearrange today's Order Paper. We will skip Order No.9 and move straight away to Order No.10. Clerk, can you proceed to call Order No.10?

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Sen. Cheruiyot

Madam Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report the progress on its consideration of the Affordable Housing Bill (National Assembly Bills No.75 of 2023) and seek leave to sit again today.

[(Question put and agreed to)]

[(The House resumed)]

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

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The Deputy Speaker (Sen. Kathuri)

Hon. Members, please have your seats. Sen. Madzayo and Sen. Tabitha Keroche, let us transact business. What is your point of order, Senate Majority Leader?

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, we can now settle down so that we can move into Division. Serjeant-at-Arms, you may close the Doors and draw the Bar.

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The Deputy Speaker (Sen. Kathuri)

Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu County; Sen. Mariam Omar; Mandera County; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; and, Sen. Wamatinga, Nyeri County;The T…

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Sen. Veronica Maina):

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Sen. Veronica Maina):

Hon. Senators, these are the results for the Division:

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The Deputy Speaker (Sen. Kathuri)

The Temporary Chairperson (

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Sen. Veronica Maina):

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Sen. Veronica Maina):

Hon. Senators, these are the results of that Division on New Clauses.

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The Deputy Speaker (Sen. Kathuri)

Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; and, Sen. Wamatinga, Nyeri County.The Temporary Chairperson (

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Sen. Veronica Maina):

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Sen. Veronica Maina):

Hon. Senators, these are the results of the third Division.

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, these are the results of the fourth Division.

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The Temporary Speaker (Sen. Veronica Maina)

We are proceeding to the fifth Division on all Clauses. Sen. Majority Leader and Sen. Osotsi, proceed and vote.

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The Temporary Speaker (Sen. Veronica Maina)

Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi County; and, Sen. Wambua, Kitui County.The Temporary Chairperson (

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Sen. Veronica Maina):

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Sen. Veronica Maina):

Hon. Senators, this is the results of the fifth Division

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Sen. Cheruiyot

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the Affordable Housing Bill (National Assembly Bill No.75 of 2023) , and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

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The Senate Majority Leader (Sen. Cheruiyot)

Mr. Temporary Chairperson, I

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

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, we are going to the final voting. Draw the Bar and close the Doors.

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

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Sen. Wambua

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

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The Deputy Speaker (Sen. Kathuri)

A point of order on what now, even before we begin transacting business? Sen. Wambua, what is your point of order?

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Sen. Wambua

Thank you, Mr. Speaker, Sir. For the correctness of the records of the voting, we have realised on this side that Sen. (Dr.) Murango has voted in this Division yet he is not in the Chamber and he does not have a delegation. How did that happen?

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The Deputy Speaker (Sen. Kathuri)

Yes, Sen. Majority Leader.

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Sen. Cheruiyot

Mr. Deputy Speaker, Sir, on this side, we equally noted that on the fourth Division, Sen. Faki, the Senator for Mombasa County was not in the House and his vote has been recorded. We need that to be checked as well.

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, this is a very simple matter and it is provided for in our Standing Orders. Anything that is provided for in our Standing Orders should not bring any problem in this House. If you go to Standing Order No.90, and I read verbatim- “If, after an electronic or a roll call vote has been made, it is discovered that the number has been inaccurately reported or that an error has occurred i…

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Sen. Veronica Maina

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Affordable Housing Bill (National Assembly Bills No.75 of 2023) and its approval thereof with amendments.

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Sen. Cheruiyot

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request the Senator for Nyandarua to second.

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Sen Methu

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

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The Deputy Speaker (Sen. Kathuri)

The Mover, kindly proceed.

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Sen. Cheruiyot

Mr. Deputy Speaker, Sir, I beg to move that the Affordable Housing Bill (National Assembly Bills No.75 of 2023) be now a Third Time. I request the Deputy Senate Majority Leader to second.

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Sen. Tabitha Keroche

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, we shall now proceed to Division. Serjeant-at-Arms, kindly ring the Division Bell for two minutes. Hon. Senators, I assure that this House will remain a House of debate and nobody will be stifled. Therefore, withdraw your cards. We do not want the same mistake to repeat itself. The Serjeant-at-Arms, ensure that no card is unattended. I want a confirmation from the Serjeant-at-Arms…

[(The Division Bell was rung)]

[(Electronic voting in progress)]

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

Order, Hon. Senators. Take your seats. Sen. Munyi Mundigi and Senate Majority Whip, take your seats. Take your seat, Sen. Cystal Asige. You will be sorted out. Order, Senators! Senate Majority Leader, conclude that Kamkunji then we get the results. Take, your seat, kindly.

[(Sen. Cheruiyot consulted loudly)]

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The Deputy Speaker (Sen. Kathuri)

(Question, that the Affordable Housing Bill (National Assembly Bills No. 75 of 2023) be now read a Third Time put and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Gata…

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The Deputy Speaker (Sen. Kathuri)

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

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The Deputy Speaker (Sen. Kathuri)

Now, draw the Bars and open the Doors.

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

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, having concluded business in Order No.10 and the time being 6.55 p.m., it is time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow Wednesday 13th March, 2024 at 9.00 a.m. The Senate rose at 6.55 p.m.