Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

Serjeant-at-Arms, I am informed that we do have quorum now. So, you may stop ringing the Bell. Clerk, please call the first Order.

Hon. Senators, I wish to report to the Senate that, the Clerk of the Senate, pursuant to Standing Order No.48 (3) and (5) received a Message from the Clerk of Uasin Gishu County Assembly.

The Message dated, Tuesday 29th May, 2023 communicates a resolution by the County Assembly to the effect that, the County Assembly adopted the report of the joint Committee on Lands, Physical Planning, Housing and Urban Development on the Ad Hoc Committee Report on the conferment of city status to the Municipality of Eldoret dated 23rd May, 2023. Hon. Senators, with regard to application for conf…

[(Applause)]

THAT, the country is currently dealing with adverse effects of climate change. It is therefore not logical that there is deforestation and destruction of an environmentally sensitive riparian land like Siany Wetland. THAT, the petitioners have made all efforts to have this matter investigated and resolved by the relevant bodies, whose responses have not been satisfactory. THAT, none of the issue…

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, Today, Tuesday 13th June, 2023. Report of the Auditor-General on the Financial Statements of the Bomet municipality for the year ended 30th June, 2022. Report of the Auditor-General on the Financial statements of Kiambu Water and Sewerage Services Company Limited for the year, ended 30th June, 2022. Report of the Au…

Proceed, Chairperson Standing Committee on Agriculture, Livestock and Fisheries.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, Today 13th June, 2023. Report of the Standing Committee on Agriculture, Livestock and Fisheries on the Cotton Industry Development Bill, (Senate Bill No. 5 of 2023) .

[(Sen. Munyi Mundigi laid the documents on the Table)]

[(Applause)]

Next Order, Clerk.

Statements pursuant to Standing Order No. 53 (1) . Proceed Sen. Kathuri. That statement is dropped. Proceed, Sen. (Prof.) Tom Odhiambo Ojienda.

[(Sen. Kathuri was not in the Chamber)]

[(Statement dropped)]

I am here, Mr. Speaker, Sir.

Professor, with that size, I absolutely have no excuse not to see you. Proceed.

[(Laughter)]

Tthank you, Mr. Speaker. Sir. Today I stand here under Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources, regarding measures towards the attainment of the recommended healthy forest cover levels nationally, and more specifically in Kisumu County. In the Statement, the committee should-

No. I am afraid we are not going to invite comments on this Statement, owing to the business ahead. Next Statement is by Sen. Thang’wa.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Committee on Trade, Industrialisation and

Tourism on safeguarding the properties of coffee farmers’ cooperative societies in Embu County from potential irregular disposal. In the Statement, the Committee should -

Proceed, Sen. Cherargei.

Thank you, Mr. Speaker, Sir.

I will allow four comments. Two from the Government side and two from the Opposition side. Proceed, Sen. Onyonka.

Mr. Speaker, Sir, I appreciate the issue that my brother and leader from the other side has raised in this House. As you rationalise the amount of money the members of the judiciary are going to be given for having lost time in practicing in their offices and managing their other affairs which may not be at the High Court or the Supreme Court, the Committee should also rationalise the issue of th…

are working for the county governments and are all complaining, saying how they are unable to meet their every day needs. Finally, as the Committee looks at the issue of doctors and nurses, we should also look at the issue of Members of the County Assembly (MCA). I thank Sen. Cherargei for having brought that issue here. It is not well when half of the MCAs have adjourned the assembly sine die to…

Proceed, Sen. Okenyuri.

Thank you, Mr. Speaker, Sir. I support the Statement by Sen. (Prof.) Tom Odhiambo Ojienda, SC. First, allow me to indicate that this Government has prioritised the fight against the effect of climate change we are seeing. The Ministry of Environment, Climate Change and Forestry is putting many initiatives on the ground to encourage counties and academic institutions to embrace tree planting. Away…

Bw. Spika, asante kwa kunipa fursa hii. Nilikuwa na hofu kwamba nimefanyiwa hujma ili nisiweze kuzungumza. Lakini, nimeskia Kiongozi wa Waliowengi akipeleka malalamishi kwa Kamishna.

Swala la marupurupu ya mahakimu ni swala nzito sana. Hii ni kwa sababu ndio watu ambao wameidhinishwa na Katiba kujaribu kutatua mizozo katika nchi yetu. Kwa hivyo, ikiwa hawatalipwa malipo ya kisawasawa pamoja na marupurupu ambayo wanatakikana kupata, basi hali yetu ya kupata haki itatatizika. Bw. Spika, mahakimu wengi wanafanya kazi nzuri katika nchi yetu. Vile, kuna mahakimu ambao ni watepetev…

Proceed, Sen. Cheruiyot.

Mr. Speaker, Sir, thank you for this chance. I join the rest of my colleagues who are commenting on this Statement by our colleague Sen. Cherargei on the Salaries and Remuneration Commission (SRC) . You will recall that we had a similar conversation last week about Members of our County Assemblies (MCAs) . Today, he has equally reminded us that SRC has done certain things which from the tone and …

Be that as it may, you also know that SRC is a constitutional commission. It works independently but also looks at all matters that have been presented before it with a view of what is in the best interest of the country. A good starting point is for them to give the rationale of one; why they have taken this decision with regards to MCAs, as was the case last week, and today with regards to the …

What is the justification of telling county assemblies that they cannot employ beyond 80 or 100 and leave Parliament, Executive and parastatals without an upper ceiling or guidance on the exact number of people that they can employ? If they want to regulate, then let them do so but the principle of equity and fairness must not only be done but must equally be seen to be done. I thank you for this…

Hon. Senators, before the Clerk calls the next order, I have a communication to make.

Thank you, Mr. Speaker, Sir, for allowing me to welcome the students from Kirinyaga County. Kirinyaga is County number 019 while Nyandarua is County 018. They are very good neighbours. I welcome them on behalf of their Senator, Sen. (Dr.) Murango. I wish them a fruitful visit as they are here for their academic learning. In under one minute, I encourage them that the sky is the limit. They can go…

Next order Clerk.

Serjeant-at-Arms, kindly proceed to ring the Division Bell for one minute

[(The Division Bell was rung)]

Serjeant-at-Arms, kindly close the door and draw the Bar. Sen. Oketch Gicheru and Senator of Laikipia, please have your seats. Bill We are going to do Division from the two Bills. I will also proceed to put the Question on the Second Division. (Question, that The County Allocation of Revenue Bill Hon. Senators, proceed to log out. Serjeant-at-Arms, collect all the cards remaining in the deleg…

[(The Door was closed and the Bars drawn)]

[(Question, that The Employment (Amendment)]

[(Senate Bills No. 11 of 2022) be read a Second Time put)]

[(Senate Bills No. 16 of 2023) be read a Second Time put)]

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

What is your point of order, Sen. (Dr.) Khalwale? I will allow you to make an intervention not necessarily a point of order because at this juncture, you may not rise on a point of order.

Can we vote for Order Numbers 9,10 and 11 at once. For instance, one can say: “I vote, yes, for No.9, I vote, yes, for No.10 and I vote, yes, for No.11.” It will be faster. A hon. Senator: That is wisdom of an elder.

Hon. Senators, we proceed to vote manually. In this case, the Clerk will proceed to read out the names. Before we proceed, we should have two Tellers; one for the ‘Noes’ and one for the ‘Ayes’. Can we have two Senators or should I choose? Sen. Mumma will be the Teller for the ‘Ayes’ while Sen. Miraj will be the Teller for the ‘Noes’. Kindly proceed to the Table. Clerk, you can now proceed to cal…

[(Sen. Lomenen walked across the Floor without bowing to the Chair)]

[(Roll Call voting in progress)]

Markwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Maanzo, Makueni County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Onyonk…

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

Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; and, Sen. Wambua, Kitui County. Teller of the Ayes: Sen. Mumma.

Hon. Senators the results of the Division are as follows-

Yes. Okay. That is how we shall do it. Whips, can we get the Tellers for the Ayes and Nays? For Tellers, we have Sen. Lemaltian for the Nays and Sen. Miraj for the Ayes. Hon. Senators, we can proceed. Senators to call out all three votes when called at the Roll Call.

[(Roll Call Voting in progress)]

County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo-Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Maanzo, Makueni County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.)…

Hon, Senators, this is the result of the Division:

Teller of the Ayes: Sen. Miraj.

Hon, Senators, this is the result of the Division:

Hon, Senators, this is the result of the Division:

Mr. Temporary Chairman, Sir, I beg to Move that the Committee do report to the Senate its consideration of the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No. 5 of 2022) and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

Hon. Senators, I request that you do not leave the Chamber because we will proceed to the Third Reading and we will require you to vote. I now call upon the Chairman of the Committee of the Whole to report to the House. Serjeant-at-arms, withdraw the Bar.

[(The Bars were withdrawn and Doors opened)]

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No. 5 of 2022) and its approval thereof with amendments.

The Mover Sen. Mungatana,

Mr. Temporary Speaker, Sir, I beg to Move that the House do agree with the Committee in the said report. I call upon Sen. (Dr.) Khalwale to second the Motion.

I second the Motion as Moved by the Mover.

[(Question proposed)]

I call upon the Mover, Sen. Mungatana.

Thank you, Mr. Temporary Speaker, Sir. I beg to Move that the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No.5 of 2022) be now read a Third Time. I call upon Sen. (Dr.) Khalwale to second.

Mr. Temporary Speaker, Sir, I second the Motion as moved.

[(Question proposed)]

I call for a Division. Serjeant-at- arms, ring the Division Bell for three minutes.

[(The Division Bell was rung)]

Serjeant-at-arms, you may now close the Doors and draw the Bar. Hon. Members, we will now proceed to roll call voting. I would like the tellers for the ‘noes’ and ‘ayes’ to approach the Table. Senate Majority and Minority Leaders, kindly give us the tellers. Sen. Miraj for Majority side and Sen. Lemaletian for Minority side. Kindly approach the Table? We now have the tellers. Clerk, could you g…

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

[(Sen. Miraj and Sen. Lemaletian approached the Table)]

[(Voting in progress)]

[(Vote tallying in progress)]

Hon. Senators, we now have the results of the Division.

Serjeant-at-Arms, draw the bar

Clerk, proceed and call the next Order.

Sen. (Prof.) Kamar, you may now proceed to Move. You have a balance of 40 minutes.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity to complete the moving of this Bill. Hon. Members will remember that when I started moving this Bill, I mentioned that the purpose of the Bill is to create a legal framework for the use of sign language in judicial proceedings, schools and public institutions to ensure that deaf--- Sorry! Mr. Temporary Speaker, Sir, I was reminding hon. …

proposing that an aptitude test, personality tests, and an entrance exam to be administered, if there is a need. Hon. Members, the above proposal is very important because in our counties, we find that some parents because of the inability to take these children to school, have kept them at homes for far too long. We have overage children who are even 15 years of age, but have never been to schoo…

Additionally, one of its functions will be to secure the resources required by a learner in the institution. It will do more to ensure that they facilitate this. Since, this Bill is looking for facilitation in the institution of learning to make sure these children can access education in a proper state that is required for them to enjoy learning. They will also be required to ensure that were a …

[(Loud consultations)]

Hon. Members, let us allow Sen. (Prof.) Kamar to move her Motion in silence. If you are consulting, kindly do so in low tones. Proceed, Sen. (Prof) Kamar.

Thank you, Mr. Temporary Speaker, Sir. Clause 15 is talking about the establishment of a parents association. Every institution shall establish an association for parents and guardians in this case of learners with disabilities. The parents association shall assist the BoM of an education institution in the performance of its functions and shall in particular advice it on matters relating to welf…

We are going to have an institutional board. However, the CEB must facilitate. This is a programme that the Government must fulfil according to the rights as enlisted in the Bill of Rights for the Children. Clause 17 is talking about facilities in institutions providing for special needs education. A person, authority or institution exercising functions under this Act in respect of learners with …

Thank you, Sen (Prof.) Kamar. I want you to take your seat. The Chair has got a Communication to make.

[(Interruption of debate on the Bill)]

Hon. Senators, in the Public Gallery, we have 99 pupils accompanied by 12 teachers from St. Peters Sangalo Central Mixed Primary School in Nandi County, who are in the Senate on an education tour. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit.

I thank you.

[(Applause)]

Thank you, Mr. Temporary Speaker, Sir, for your indulgence. On behalf of the great people of Nandi and the Senate, I welcome the pupils from St. Peters Sangalo Central Mixed Primary School in Mosop Sub County, Nandi County. I hope that they will be enriched by learning about the operations of the Senate and Parliament at large. Mr. Temporary Speaker, Sir, as leaders, we are proud of what they are…

Thank you very much, Sen. Cherarkey. Please make sure that you honour the commitment that you have just made on the Floor of the House. Sen. (Prof.) Kamar, you may resume. We held your time. Therefore, you have not lost much. Thank you for your indulgence.

[(Resumption of debate on the Bill)]

Mr. Temporary Speaker, Sir, before your communication, I was going to Clause 18 on provision of special needs education outside an educational institution. Where the Cabinet Secretary (CS) or CEB is satisfied that an educational institution is not appropriate for a learner, then a provision should be done to make sure that it is well established and set for use by learners with special needs. Cl…

Where the CEB is of the opinion that a child within its area of jurisdiction may have a special education need, then the CEB shall determine a suitable education provision that shall alleviate the learning difficulties of that child. Therefore, there is need for assessment so that a child can be assessed and placed properly. Part V is about institutional management of special education. There is …

visiting some institutions in Eldoret next week, I visited a school which is integrated with Albinism and the visually impaired persons. The shocker was to have a teacher who does not see completely teaching a whole class. He was teaching students and writing on the board. He already knows the dimensions of the board and he was teaching a class. It was fantastic. I felt really moved by that. We j…

Mr. Temporary Speaker, Sir, Clause 31 is the Responsibilities of the Governing Boards. As I mentioned earlier, it is to take reasonable measures within its means to supplement the resources that are required in the education institution; that is the BoM. Clause 32 is on the Financial Records and Statements. We want to remove any doubt that anybody would misuse any fund in these institutions. That…

Thank you, Sen. (Prof.) Kamar. Before Sen. Crystal Asige seconds your Bill, I have a Communication to make.

[(Interruption of debate on the Bill)]

Order No. 13, the County Licensing Uniform Procedure (Senate Bill No. 9 of 2022) is deferred courtesy of a request by the Mover of that particular Bill. Second Reading

Mr. Temporary Speaker, Sir, I beg to move that the Agricultural and Livestock Extension Services Bill (Senate Bills No. 12 of 2022) be now read a Second Time. Let me first begin by thanking the Committee on Agriculture, Livestock and Fisheries for carrying out public participation on this Bill. I also thank the Speaker and the Clerk of the Senate for facilitating the development and publication o…

Sen. Tabitha Mutinda, you have a balance of 59 minutes in the next sitting.