Senate · Afternoon Sitting

Tuesday, 14 February 2023

Session Summary

Senators debated the enforcement of order in the chamber, with criticism of perceived intimidation and partisan bias, particularly regarding the Jubilee party's representation and committee appointments. Concerns were raised about the quality of education under the CBC curriculum and the need for realistic recommendations from the President's special committee. The Division of Revenue Bill and the proper parliamentary process for allocating funds between national and devolved governments were also highlighted. Senators debated the legitimacy of the Senate Business Committee (SBC) list, with Sen. Dullo alleging it was doctored and Sen. Khalwale demanding clarification and adherence to standing orders. The Speaker reiterated procedural rules, while Sen. Dullo called for inclusive, non‑discriminatory conduct and warned against ageist and partisan intimidation. Senators welcomed a delegation from Uganda, praised recent legislative achievements such as the IEBC amendment and increased county revenue allocations, and offered condolences for the death of senior research officer Wellington Namenge. The Speaker also reported the President’s nominations to the National Climate Change Council, outlining the procedural basis for the appointments. The session combined cordial hospitality, commendations, solemn remembrance, and procedural business.

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The Speaker (Hon. Kingi)

Hon. Senators, it is my pleasure and privilege to welcome you to the Second Session of the Senate. It has indeed been a working recess with numerous activities running and a number of Special Sittings convened pursuant to Standing Order No.33. However, I trust that you have had time to rest and re-connect with your family and constituents over the Christmas and New Year festivities. I take this e…

[(Several Hon. Senators stood at the Bar)]

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The Speaker (Hon. Kingi)

issued under Standing Order No.52(1); 89 pursuant to Standing Order No.53(1); four under Standing Order No.56(1)(a); and two Statements under Standing Order No.58. At an opportune time, the SBC will publish a reporting schedule by select committees as required under Standing Order 56 No.(1)(b), for Committee Chairpersons to apprise the House on the above business and other activities relating to …

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Sen. Cheruiyot

Mr. Speaker, Sir, I thank you for this chance to welcome our visitors who are on a working trip to the Parliament of Kenya and specifically the Senate. I wish them well. It may benefit them to know that under the East African Community Protocol, the Kenyan Parliament has been granted the honour to host the East African Parliamentary Institute (EAPI) where parliamentary practices in the region are…

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Sen. Cheruiyot

have made the right decision by deciding to come work with and study in the Parliament of Kenya. An even more correct decision was to come to the Senate. Parliament of Kenya has two Houses. Mr. Speaker, Sir, I can say without any fear of contradiction that this is the best place to learn. You will learn a lot by interacting with our staff. Some of the best brains that you can find in public servi…

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The Speaker (Hon. Kingi)

Proceed, the Senate Minority Leader. The Senate Minority Leader (Sen. Madzayo) : Asante, Bw. Spika. Najiunga na wewe, kuwakaribisha ndugu zetu wa karibu sana ambao ni rafiki zetu kutoka Uganda.

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Sen. Madzayo) :

Senate Minority Leader, you need to ask yourself whether Kiswahili is the mode of communication in Uganda. Otherwise, the delegation may not hear the good words that you are saying. The Senate Minority Leader (Sen. Madzayo) : Mr. Speaker, Sir, Ugandans speak fluent Kiswahili. We have been to their Parliament. Kiswahili kitukuzwe. Bw. Spika, ninawashukuru ndugu zetu kutoka Uganda. Natumai wanaele…

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The Speaker (Hon. Kingi)

Senate Minority Leader, you need to ask yourself whether Kiswahili is the mode of communication in Uganda. Otherwise, the delegation may not hear the good words that you are saying. The Senate Minority Leader (

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Sen. Madzayo) :

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Sen. Madzayo) :

What is your point of order, Sen. (Dr.) Khalwale?

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, my gadget is not working. I had hoped to capture your eye or attention, so that I can be allowed to make a comment. Can I, Mr. Speaker, Sir?

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Sen. (Dr.) Khalwale

Proceed.

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The Speaker (Hon. Kingi)

What is your point of order, Sen. (Dr.) Khalwale?

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Sen. (Dr.) Khalwale

Mr. Speaker, Sir, my gadget is not working. I had hoped to capture your eye or attention, so that I can be allowed to make a comment. Can I, Mr. Speaker, Sir?

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The Speaker (Hon. Kingi)

Proceed.

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Sen. (Dr.) Khalwale

Thank you, Mr. Speaker, Sir. May I join you and the two colleagues who have spoken before me, in welcoming the Delegation from Uganda. Allow me to request them to pass our greetings to our colleagues in the Parliament of Uganda and especially the colleagues in Parliament. Ordinarily, they should have been colleagues in this House, but the colonial government curved out 13 of our constituencies, w…

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The Speaker (Hon. Kingi)

Hon. Senators, I received a Message from His Excellency the President, on the nomination of Ms. Emily Mwende Waita, Mr. John Kioli, Ms. Umar Omar and Dr. George Odera Outa, for appointment to the National Climate Change Council. Hon. Senators, I wish to report to the Senate, that pursuant to Standing Order No.47, I received a Message from His Excellency (Dr.) Hon. William Ruto, PhD, CGH, and Pres…

[(No.11 of 2016)]

[(No.3 of 2011)]

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The Speaker (Hon. Kingi)

Hon. Senator, you may walk in. Hon. Senators, Section 5 of the Climate Change Act, establishes the National Climate Change Council. Section 7 (2) of the Act provides that Members to the Council shall be-

[(Sen. Orwoba walked into the Chamber)]

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The Speaker (Hon. Kingi)

Hon. Senators, I received a Message from His Excellency the President, on the nomination of Ms. Emily Mwende Waita, Mr. John Kioli, Ms. Umar Omar and Dr. George Odera Outa, for appointment to the National Climate Change Council. Hon. Senators, I wish to report to the Senate, that pursuant to Standing Order No.47, I received a Message from His Excellency (Dr.) Hon. William Ruto, PhD, CGH, and Pres…

[(No.11 of 2016)]

[(No.3 of 2011)]

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The Speaker (Hon. Kingi)

decision within fourteen days from the date on which the notification of nomination was given in accordance with Section 5.

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The Speaker (Hon. Kingi)

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order 48, I received a Message from His Exellency Hon. William Ruto, PhD, CGH, President of the Republic of Kenya and Commander-in-Chief of the Kenya Defence Forces on the nomination of Dr. Susan Jemtai Koech to the position of Deputy Governor of the Central Bank of Kenya. The Message was transmitted to the Senate vide a lett…

[(Cp.491 of the Laws of Kenya)]

[(No.33 of 2011)]

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The Speaker (Hon. Kingi)

To aid the august House in its consideration and approval processes, we have the pleasure to forward, herewith, the Certificate of Presidential Nomination, together with the nominees’ curriculum vitae and testimonials, as well as the report of the Public Service Commission on the recruitment of the Deputy Governor of the Central Bank of Kenya. Accordingly, and by way of this letter, you are most …

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The Speaker (Hon. Kingi)

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order 48, I received a Message from His Exellency Hon. William Ruto, PhD, CGH, President of the Republic of Kenya and Commander-in-Chief of the Kenya Defence Forces on the nomination of Dr. Susan Jemtai Koech to the position of Deputy Governor of the Central Bank of Kenya. The Message was transmitted to the Senate vide a lett…

[(Cp.491 of the Laws of Kenya)]

[(No.33 of 2011)]

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Tabitha?

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Sen. M. Kajwang’

Yes, he is on a point of order.

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I request to speak. I am allowed to express my disgust visually. I am just disgusted!

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Sen. M. Kajwang’

Mr. Speaker, Sir, what a way to start a session! My point of order is based on the traditions and customs of Parliament which you are very well versed with. On the first day of a session, the main business is constitution of the Senate Business Committee (SBC) which then processes the business that comes before the House. Mr. Speaker, Sir, I appreciate that the Messages that you read are in the …

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, for avoidance of doubt, I am rising on Standing Order No. 43 as read with---

[(Loud consultations)]

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Sifuna?

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Sen. M. Kajwang’

I am on a point of order.

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The Speaker (Hon. Kingi)

Yes, he is on a point of order.

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Sen. Sifuna

Mr. Speaker, Sir, I request to speak. I am allowed to express my disgust visually. I am just disgusted!

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The Speaker (Hon. Kingi)

Well then have your seat. Sen. M. Kajwang’, please, proceed.

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Sen. M. Kajwang’

Mr. Speaker, Sir, for avoidance of doubt, I am rising on Standing Order No. 43 as read with---

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 14th February, 2023.

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Sen. M. Kajwang’

What is your point of order, Sen. Oketch Gicheru?

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The Speaker (Hon. Kingi)

Sen. Cheruiyot, please, proceed.

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Sen. Cheruiyot

Mr. Speaker, Sir, I will be quick. Under the Speaker’s rules, I invite your attention to guide the House whether Sen. Karen Nyamu is properly dressed. Mr. Speaker, Sir, I am getting really concerned with the kind of leadership that the Majority side is showing this House. We are degenerating to really watering down the sense of Parliament. I beseech the Majority Leader as well as the Majority Whi…

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The Speaker (Hon. Kingi)

Sen. Oketch Gicheru, kindly quote the rule that has been breached and specifically tell us the page.

[(Applause)]

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The Speaker (Hon. Kingi)

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Sen. Cheruiyot

Bw. Spika, tuko Maseneta 67 katika Seneti hii. Nataka kumkosoa Seneta kwamba hiyo sio mambo ya Kenya Kwanza, ni mambo ya mtu binafsi. Kama mtu amevaa vibaya, sio Maseneta wote wa Kenya Kwanza wamevaa vibaya.

[(Loud consultations)]

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The Speaker (Hon. Kingi)

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Sen. Oketch Gicheru

Ni ukweli kwa sababu angesema Sen. Nyamu.

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The Speaker (Hon. Kingi)

Can you please have your seat?

[(Loud consultations)]

[(Loud consultations)]

[(Applause)]

[(Loud consultations)]

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Bw. Spika, hatupingi uamuzi

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Can the Senator, please, be heard in silence?

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Sen. Munyi Mundigi

Ni ukweli kwa sababu angesema Sen. Nyamu.

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The Speaker (Hon. Kingi)

Can you please have your seat?

[(Loud consultations)]

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Senators, we need to dispense of this point of order so that we proceed on more serious matters. For the few months I have presided over this House, if you noticed, I have been lenient and patient to the extent that some of you have developed a habit of engaging the Chair. I am going to make it clear in this Second Session that the business of the House is going to be conducted strictly according …

[(Loud consultations)]

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Sen. Cheruiyot, Proceed.

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Sen. Cheruiyot

Hon. Senators, as you may have noted, the Senate Majority Leader has tabled the report of the Parliamentary Service Commission on the approval for appointment of Hon. Johnson Muthama to the position of male non-member Commissioner of the Parliamentary Service Commission. The composition of the Parliamentary Service Commission is detailed in Article 127 of the Constitution of Kenya. Article 127 (2…

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Wambua?

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Sen. Wambua

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, pursuant to Standing Orders 190 and 199 (3) , the Senate approves the following Senators nominated to serve in the Senate Business Committee, in addition to the Speaker of the Senate, who pursuant to Standing Order 190 (1) , shall be the Chairperson of the Committee, the Senate Majority Leader, the Senate Minority Leader, the S…

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The Speaker (Hon. Kingi)

Senators, we need to dispense of this point of order so that we proceed on more serious matters. For the few months I have presided over this House, if you noticed, I have been lenient and patient to the extent that some of you have developed a habit of engaging the Chair. I am going to make it clear in this Second Session that the business of the House is going to be conducted strictly according …

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Sen. Cheruiyot

Okay. Sen. Thang’wa, proceed.

[(Sen. Nyamu walked into the chamber)]

[(Applause)]

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The Speaker (Hon. Kingi)

Hon. Senators, as you may have noted, the Senate Majority Leader has tabled the report of the Parliamentary Service Commission on the approval for appointment of Hon. Johnson Muthama to the position of male non-member Commissioner of the Parliamentary Service Commission. The composition of the Parliamentary Service Commission is detailed in Article 127 of the Constitution of Kenya. Article 127 (2…

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Sen. Cheruiyot

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, pursuant to Standing Orders 190 and 199 (3) , the Senate approves the following Senators nominated to serve in the Senate Business Committee, in addition to the Speaker of the Senate, who pursuant to Standing Order 190 (1) , shall be the Chairperson of the Committee, the Senate Majority Leader, the Senate Minority Leader, the S…

[(Loud consultations)]

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The Speaker (Hon. Kingi)

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Sen. Cheruiyot

I thought the Senate Majority Leader was moving a Motion.

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The Speaker (Hon. Kingi)

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

[(Loud consultations)]

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Sen. Thang’wa

Sen. Dullo, what is your point of order?

[(Laughter)]

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The Speaker (Hon. Kingi)

Sen. Thang’wa, if you read the Standing Order that you have just quoted, certain leadership positions must take their rightful positions. Otherwise, any other Senator can sit as they see fit. Let us proceed. The Senate Majority Leader, proceed.

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The Speaker (Hon. Kingi)

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until tomorrow, Wednesday, 15th February, 2023, at 2.30 p.m. I thank you. The Senate rose at 5.47 p.m.