Senate · Afternoon Sitting

Tuesday, 12 November 2024

Session Summary

Senators advocated for a Bill that would grant county assemblies financial independence, arguing it would resolve longstanding conflicts with county executives and improve oversight. They highlighted current issues such as delayed fund releases, resource diversions, and the need for a dedicated County Assembly Fund at the Central Bank, while urging collaboration with the National Assembly to ensure smooth passage. The discussion framed the reform as aligned with broader government efforts to separate powers and strengthen devolved institutions. Sen. Omogeni praised a Nyamira woman elected in Minnesota and urged greater representation for Nyamira in national appointments, while condemning recent violence and governor‑MCA tensions in the county. He advocated for a Bill granting financial independence to county assemblies to improve oversight and deliver basic services, and called for inclusive appointments to constitutional bodies. Senators urged the introduction of a Ward Fund to empower MCAs and highlighted the need for the County Public Finance Laws Amendment Bill to correct design flaws in county financial management. They criticised the current Public Finance Management Act for undermining devolution, citing mis‑procurement and centralised control by governors, and called for autonomous county institutions and bipartisan support from both Houses. The debate combined constructive proposals with sharp criticism of existing legislation and implementation gaps.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Order, hon. Senators. We do have quorum now. So, let us get to work. Rev. Sen. Murgor, kindly take your seat. Clerk, you may proceed to call the first Order.

[(The Quorum Bell was rung)]

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The Speaker (Hon. Kingi)

that I, therefore, urge that we redouble our collective efforts in a bid to conclude the business of the Senate by the close of the Session in December, 2024. I also urge the offices of the Senate Majority Leader, the Senate Minority Leader and Committee Chairpersons to do all that is necessary within the Standing Orders to expedite pending legislative business. Hon. Senators, I wish you fruitfu…

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Sen. Wambua

Thank you, Mr. Speaker, Sir. On my own behalf and on behalf of my colleagues in the Senate of the Republic of Kenya, I take this opportunity to welcome the visiting delegation from the Parliament of Uganda. We take cognizance of the fact that Uganda remains a friendly neighbour; the biggest bilateral trading partner with Kenya. I ask the visiting delegation to feel at home wherever they go and ma…

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Statement pursuant to Standing Order No.56 (1) (a) .

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The Speaker (Hon. Kingi)

The Chairperson Standing Committee on Health, proceed to read your Statement. Is there a Member of that Committee in the House? Sen. Nyutu, you may proceed to present that Statement.

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Sen. Joe Nyutu

Mr. Speaker, Sir, I stand in for Sen. Mandago, the Chairperson of the Committee on Health, where I am a Member. This is a Statement relating to the activities of the Standing Committee on Health, pursuant to Standing Order No.56 (1) (a) . I rise pursuant to Standing Order No.56 (1) (a) to make a Statement relating to a matter for which the Committee is responsible, namely the current state of the…

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Sen. Joe Nyutu

Mr. Speaker, Sir, the High Court considered the Petition and by a judgment delivered on 12th July, 2024, determined that the Petition was meritorious and made the following orders-

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Sen. Joe Nyutu

Court further considered the public interest element of whether or not it is in the public interest for the stay to be granted. The Court of Appeal considered that the Statutes have been in operation for nine months and that to allow the framework under which the health sector is operating to revert to the old framework with the possibility of it returning back to the current framework, in the ev…

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Proceed, Sen. (Dr.) James Murango.

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Sen. (Dr.) Murango

Asante sana Bw. Spika. Kulingana na Kanuni ya Kudumu ya 159 (1) ya Bunge la Seneti, naomba kuondoa katika Ratiba, The Rice Bill (Senate Bills No.19 of 2023) . Sababu kuu ni ili tushauriane na wahusika wakuu wakiwemo wakulima na wote wanaohusika ili kuwasilisa huu Mswada katika Seneti kwa safari moja. Asante sana.

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The Speaker (Hon. Kingi)

It is so withdrawn. Next Order.

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The Speaker (Hon. Kingi)

That Order is deferred for now. Next Order.

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The Deputy Speaker (Sen. Kathuri)

I am advised and aware that the Senator for Garissa County, Sen. Abdul Haji, requested this Bill to be deferred until the next sitting or another time that it is allocated for debate. Let us go to the next Order.

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The Deputy Speaker (Sen. Kathuri)

I can see there are no Senators interested to debate. I will call the mover, if he is around, to reply. This is the Report of the Mediation Committee on the Water Amendment Bill. Yes, proceed and reply if you are ready, Senate Majority Leader.

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Sen. Cheruiyot

Mr. Deputy Speaker, Sir, I am aware that at the time of going on recess, quite a good number of colleagues had spoken on this amendment and the various considerations that are being proposed. It is my hope that, that captures the gist. Many of the colleagues who spoke to this Report of the Mediation Committee, were in support of the proposed amendments. Therefore, I appreciate them too for the tim…

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The Deputy Speaker (Sen. Kathuri)

Yes, the putting of the question has been deferred until the next meeting possibly. Next Order.

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

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The Deputy Speaker (Sen. Kathuri)

Also, on this Motion, there is no Senator willing to debate. So, I request the Chairperson Committee on County Public Investments and Special Funds to reply. He will reply during the next available time. Therefore, Hon. Senators, using Standing Order No.45 (2) , we defer Order No.14 and then go to Order No.15.

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

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The Deputy Speaker (Sen. Kathuri)

determine the total amount allocated in a financial year, thus hindering efforts to ensure equitable access to education for financially disadvantaged students; NOW THEREFORE, the Senate urges the Ministry of Education, to: 1) audit the funds allocated to bursaries by both the National Government and county governments; 2) consolidate the funds distributed by various government entities and agenci…

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, this is resumption of the debate that was interrupted on Thursday, 31st October, 2024. Sen. (Dr.) Boni Khalwale had 13 minutes remaining to conclude his contribution to the Motion. Sen. (Dr.) Boni Khalwale, if you still have additional comments on this Motion, please, conclude within 13 minutes, which is the time you had remaining.

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Sen. (Dr.) Khalwale

Mr. Temporary Speaker, Sir, before we went on recess, I was contributing to this Motion. I had not anticipated that it would come this afternoon. So, I had not recollected my thoughts, but this is an important point. Over and above what I said before we went on recess, this issue of bursaries is promoting corruption not by the Members of Parliament (MPs) who control or governors, but people worki…

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Sen. (Dr.) Khalwale

I truly want to thank God that on some occasions I could come back from home with Kshs25 collected after my mother who had sold Chang’aa. My teachers would gracefully accept the Kshs25 and allow me a few more days in school. I was lucky at Kakamega High School, I met a gentleman called Mr. Peter Whales. Peter Whales was teaching me Chemistry at A Level. Purely because of the luck God gave me, bec…

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Boni, you have equally been interrupted a second time, but you still have seven minutes of your time remaining when the House resumes, to conclude on your remarks.