Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the quorum Bell for three minutes. Hon. Senators, now that we do have the requisite quorum, we will allow business to proceed. Clerk, kindly call the first Order.

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

Hon. Lorunyei Lawrence - Member of the Committee Hon. Stacy Nareyo Lekirimpoto - Member Hon. Esther Lenolkulal - Member Hon. Loloju Joseph Lekoren - Member Hon. Lemantaan Kelvin Ipesina - Member Mr. Lekupanai Leleo - Principal Clerk Assistant Ms. Dorcas Naeku - Clerk Assistant Mr. Bernard Lenanyokie - Serjeant-At-Arms Mr. William Lelampa - Hansard Officer Ms. Naanyu Letipila - Legal Counsel Mr. Ev…

[(Applause)]

Mr. Speaker, Sir, as you note, we have been receiving visitors and Members of the Committees of many Assemblies. This is the first time we are receiving a committee of Samburu County Assembly. I welcome you to the Senate. I am sure you will learn a lot from us, from our Committees and from the Plenary. It will benefit your deliberations and engagements with your committees. It will enrich and put…

Mr. Speaker, Sir, thank you for giving me this opportunity. Just the way my colleague has said, I welcome the team from Samburu. This place is interesting because when you come, you get information as to how you are going to run your offices. The team that is in this Chamber is a team of professionals. Most of them will be willing to guide, support you and have some value addition to your trainin…

[(Sen. Cherarkey consulted loudly)]

Sen. Chararkey, you know you are out of order.

I would like to acknowledge the presence in the Public Gallery this afternoon, a visiting delegation from Tassia Primary School - Nairobi County. The delegation comprises 4 teachers and 34 pupils who are in the Senate for a one-day study visit. Hon. Senators, 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 m…

Thank you, Mr. Speaker, Sir, let me take this opportunity to welcome the beautiful children from Tassia which is in Embakasi East Constituency, Embakasi Ward. Feel welcomed. There is a lot that we do at the Senate. We have two Houses of Parliament. The National Assembly is where we have Members of Parliament. Your Member of Parliament on that side is Hon. Babu Owino. On this side we sit as the Se…

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Tuesday, 14th March, 2023- Report of the Auditor-General on the Financial Statement of the County Executive of Bomet for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statement of the County Assembly of Bomet for the year ended 30th June, 2022. Report of the Auditor-General on the Financial Statement of the County Executive of Kwale for the year ended 30th June, 2022. Report of the Auditor-General on the Financial Statement of the County Assembly of Kwale for the year ended 30th June 2022. Report of the Auditor-…

[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

Let us now have the Chairperson of the Standing Committee on Land, Environment and Natural Resources.

Mr. Temporary Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 14th March, 2023- The Report of the Committee of the National Assembly Departmental Committee on Environment, Forestry and Mining and the Senate Standing Committee on Land, Environment and Natural Resources on the approval hearing for–

Let us go to the next Order.

Mr. Temporary Speaker, Sir, I beg to give Notice of the following Motion- THAT the Senate adopts the Report of the Joint Committee of the National Assembly Departmental Committee on Environment, Forestry and Mining and the Senate Standing Committee on Land, Environment and Natural Resources on the approval hearing for the nominees for the appointment as Members of the National Climate Change Coun…

Let us go to the next Order.

Mr. 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 exploitation of water resources in Murang’a County by the Nairobi Water and Sewerage Company (NWSC) . In the Statement, the Committee should-

Proceed, Sen. Chute.

[(Sen. Wamatinga stood in his place)]

Are you holding brief for Sen Chute?

Yes, Mr. Speaker, Sir.

Very well, proceed.

Thank you, Mr. Speaker, Sir. I am holding brief for Sen. Chute. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Energy regarding the Status of oil exploration in Turkana County. In the Statement, the Committee should –

Is Sen. Osotsi not in the Chamber. His Statements are deferred.

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 concerning the residents of Ikanga, whose land was encroached by the Kenya Airports Authority (KAA) . In the Statement, the Committee should -

Mr. Speaker. Sir, I rise pursuant to Standing Order No.53 (1) to seek a Sstatement from the Standing Committee on Devolution and Intergovernmental Relations concerning the county boundary cutline between Taita Taveta County and its three neighbours. In the Statement, the committee should -

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 delayed payment of pension to retired Kenya Railways Corporation employees. In the Statement, the committee should -

Mr. Speaker, Sir, I just want to comment on the second Statement by Sen. Mwaruma. I represented Baringo North as a Member of Parliament and during my time I received a lot of cases of retirees; teachers, the police and other civil servants. Their main complaint is delayed remittance of their pension. This is a serious challenge in our country. The one before us today is about the Kenya Railways …

Remember, these are Kenyans who have spent all their time serving our country, either in the armed forces, as teachers or in other departments. When they are not paid after retiring, they live a very miserable life. This House has the means and the capacity to rise up and demand that the Department of Pensions should not subject more Kenyans further to this suffering after retiring because this i…

Mr. Speaker, Sir, I would like to comment on the two Statements that have been brought forward to the House by the Senator of Taita-Taveta. The first one is about the delayed payment of pensions to the retired employees of the Kenya Railways Corporation. As a country, I keep wondering why we demean our senior citizens. If it is not about non-payment of pension to teachers, then we have non-payme…

In the past, I have seen boundary issues being dealt with the Committee on National Security and Foreign Relations. That Committee should only come in to deal with security issues that arise out of the conflict of boundaries. Primarily, if boundary issues are to be solved, the Committee on Land, Environment and Natural Resources has to be involved. Mr. Speaker, Sir, I support the Statement.

Sen. Maanzo, please, proceed.

Mr. Speaker, Sir, I am one of the neighbours in dispute with the boundary with Taita-Taveta. The Constitution of Kenya fixed the boundaries as of the districts of 1992. There is also a law which used to exist dealing with provinces as they were then. When that matter was between Taita-Taveta County and us, we took it to the Council of Governors (CoG) and presented witnesses but it was not resolve…

On a point of order, Mr. Speaker, Sir. Is it in order for Sen. Maanzo, who is the Senator for Makueni, to mislead this Parliament that the boundary between Taita-Taveta and Makueni is Tsavo River, yet we know we have a polling station by the Independent Electoral and Boundaries Commission (IEBC) at Mtito Andei?

Sen. Mwaruma, those are matters that you should leave to the Committee that we are going to commit this Statement to. They are the ones who will tell us whether Tsavo River is indeed the boundary or there are other boundaries. You did well by seeking this Statement from the Standing Committee. I believe when the time comes, you will call witnesses from both sides. I also believe the Committee wil…

Mr. Speaker, Sir, I look forward to the constitution of commissioners of the IEBC and I believe this matter will be settled as soon as possible. The matter has been to court and the court indicated that it had no jurisdiction to deal with the matter. However, I believe the leadership of Makueni--- This is not the only border problem because there are three other counties. The Senator of Taita-Tav…

It goes by 1992 District Boundaries and that is as clear as day and night. For that matter, I believe we will sort them out. I look forward to participate. We will bring our witnesses. Luckily, we have very old members of our community who lived those days. The maps and a lot of materials are there. I believe we will have it settled as the Senate. The Senate is a serious House and can resolve ma…

Sen. Kinyua, please, proceed.

Thank you, Mr. Speaker, Sir. Let me take this opportunity to welcome the 161 students and the seven teachers from Koru Girls High School to Senate. I believe they have had time to tour the National Assembly and this being a bicameral system we now know that the role of the National Assembly is to enact legislation that touches on National issues while the Senate deals with devolved structures of …

I am sure they have also had time to study the history of the Senate and to generally understand the governance as divided amongst the three arms of Government. Mr. Speaker, Sir, I just want to encourage the students that when they visit Senate and other institutions, their duty and obligation as students is to ensure that they not only learn but this should serve as a lesson that the Senate is a…

[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

Thank you, very much Sen. (Prof.) Tom Ojienda, SC. Proceed, Sen. Cheptumo.

[(Resumption of debate on Statements)]

Thank you, Mr. Temporary Speaker, Sir. I rise to support the Statement by the Laikipia Senator, Sen. Kinyua. I want to thank the President for initiating this programme of availing subsidized fertilizers to our farmers. The philosophy behind this programme as we all know is to enable our farmers access the necessary inputs for them to undertake farming. Mr. Temporary Speaker, Sir, farmers strugg…

Whereas I appreciate the President for initiating the programme of supplying fertilizers which is under the subsidized programme, the seeds are equally another item I would like to request the Government to reconsider. If the Government subsidizes fertilizers as well as seeds, that will go a long way in helping our farmers. Baringo County unfortunately was not among the initial counties that were…

Thank you, Sen Cheptumo. Sen. Osotsi, the Senator for Vihiga County, 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 status of Kaimosi Friends University College after being awarded a Charter on 2nd August, 2022. 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 Land, Environment and Natural Resources regarding harvesting of cyprus trees at Kibiri Forest in Vihiga County. In the Statement, the Committee should-

Sen. Osotsi, I am intervening because you are debating your own Statement.

Mr. Temporary Speaker, Sir, I asked you to give me one minute to comment on it.

Yes, which was beyond the time you requested for by submitting.

Very well.

You may yield. I can see two requests. We will listen to Sen. Maanzo. Hon. Members, we will limit time because we need to move to the next Order. Go ahead Senator.

Mr. Temporary Speaker, Sir, I rise to support the Statement about Kaimosi Friends University College. When charters were being awarded, it was not just to this particular university but to quite a number of universities but all of them have not been actualized. University education is important. It equalizes Kenyans and especially children from disadvantaged homes and communities. When a Charter…

Thank you Senator. Sen. (Dr.) Khalwale, you may proceed.

Mr. Temporary Speaker, Sir, I thank the Senator for Vihiga. Kaimosi is one of the historical centres of development in our community. Therefore, I thank the Government for elevating the institution to a university.

I would like further clarity on the fate of Kaimosi Teachers Training College (KTTC). Is KTTC going to fade off or is it going to continue offering diplomas? Mr. Temporary Speaker, Sir, secondly, is on the important Statement about the forest. We would like the Government to be clearer. We have since discovered in this era of negative climatic change that allowing plantation forest within natural…

Sen. Ogola, please proceed.

Thank you, Mr. Temporary Speaker. Sir. I only want to add my voice to the one singular Statement by Sen. Osotsi about the harvesting of cypress trees at Kibiri Forest in Vihiga County. This is a serious concern because as a country, we are grappling with a percentage of forest cover and the effort the Government is making effort of planting over 15 billion trees, if I can remember. So, if we have…

Sen. Wafula, please proceed. One minute on this one.

Asante Bw. Spika wa Muda. Katika maeneo mbalimbali humu Kenya kuna ukataji miti katika maeneo ambayo yametajika jinsi ulivyosikia. Nadhani ni mpango ambayo mabepari wa kisiasa wako nao kuhakikisha maeneo fulani humu nchini yanapoteza uridhi wake. Kwa mfano, misitu ya Kaimosi, kiitikadi na kijamii, mila na desturi za Watiriki hufanyika katika misitu hii. Haiwezekani kupata watu kuja tu na mashine …

Hon. Members, there being no other Statements, call the next Order. Hon. Members, we do not have sufficient numbers for Division. We shall therefore defer this order.

Next Order. Sen. M. Kajwang, who is the Mover of this Bill is not in the House. We shall also defer. Second Reading

million during the 2017/2018 Financial year, which amount needs to be increased in order to fully address and mitigate the problem; NOW THEREFORE, the Senate resolves that the Ministry of Public Service, Gender and Affirmative Action in partnership with the Ministry of Education and the Council of Governors to: -

Thank you, Mr. Temporary Speaker, Sir. Doping continues to become a soft underbelly in our sports fraternity, not only in athletics but also across many other sports such football and any other form--- Mr. Temporary Speaker, Sir, you have to appreciate the fact that most young people run in groups. This is especially in the North Rift region where I come from, as well as in Kisii and Nyamira coun…

[(There was a technical hitch)]

In the recent past, Kenyan athletes have had credibility. We do not want a situation where when we win gold and no one believes. For example, we were risking an international ban where over 25 athletes were hit with sanctions and 19 active cases are pending as at 2022 alone. I thank President William Ruto and the Kenya Kwanza Government for intervening. Otherwise, we were at risk of a ban like Ru…

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

What is your point of order?

Mr. Temporary Speaker, Sir, I just got to this House and have not spoken since the House started. Is it in order to be quoted anywhere in the HANSARD on things I have not said here? Sen. Cherarkey has mentioned some things that I have not said in the House.

Sen. Cherarkey, you have heard Sen. Oketch Gicheru. However, Senator, you were being recognised for coming to the House by the Hon. Senator. He did not make any comment on any statements you made in the House.

Mr. Temporary Speaker, Sir, I was welcoming my younger brother, Sen. Oketch Gicheru, back to the House. He is still learning the ropes. I am happy he has not joined the bandwagon. Azimio One Kenya Alliance, except my sister, are strategically boycotting the House. I can assure them they will keep boycotting until Jesus comes but the business must continue. Mr. Temporary Speaker, Sir, the most com…

There are allegations that Monday has been declared a public holiday. It is unlawful, illegal and unconstitutional. We know the procedure for declaring a public holiday. Every Kenyan who will not report to work will face serious repercussions. Let those who want to boycott do so and they should also boycott their salary for that day. Mr. Temporary Speaker, Sir, the most commonly abused drugs are …

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

Sen. Cherarkey, there is a point of order. What is your point of intervention, Sen. Oketch Gicheru?

Mr. Temporary Speaker, Sir, I rise under Standing Order No.41 (1) . It states that if at any given point during the proceedings a Senator identifies that there is no quorum in the House, they might raise it with you. I plead that you check if there is quorum in the House. Hon. Members, I have ascertained that we do not have quorum in the House. Therefore, I ask that the Quorum Bell be rung for fi…

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

[(The Quorum Bell was rung)]