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 with the Speaker)]

[(The Quorum Bell was rung)]

I am informed that we do have quorum now. We shall proceed with todays’ business. Clerk, kindly proceed to call the first Order. Sen. Orwoba and Sen. Wamatinga, kindly take your seats.

[(Sen. Orwoba and Sen. Wamatinga sat at their places)]

Hon. Senators, pursuant to Standing Order No.232 (1) (b) , I hereby present a petition that has been submitted through the Clerk, by Mr. Japheth J. Makokha, on behalf of Triple the Impact Community Based Organisation, regarding amendment of Section 32 (3) of the County Governments Act. As you are aware, Article 119 (1) of the Constitution states, and I quote-

“Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.” The salient issues raised in the Petition are as follows:

Let us go to the next Order.

Mr. Speaker, Sir, on behalf of the Senate Majority Leader, I beg to lay the following Papers on the Table of the Senate, today, 14th May, 2024- Report of the Auditor-General on Financial Statements of the Nairobi City County Government - Revenue Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of the Nairobi City County Government – Receiver of Reven…

Report of the Auditor-General on Financial Statements of Gatundu Water and Sanitation Company Limited for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statement of Limuru Water and Sewerage Company Limited for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Embe Water and Sanitation Company Limited for the year ended 30th Jun…

Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights, proceed. That Report is dropped.

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 Affairs on harassment of Tuk Tuk and Boda Boda operators by the police in Kakamega Town. In the Statement, the Committee should-

Is Sen. Mwaruma here? STATUS OF DEVELOPMENT PROJECTS IN TAITA-TAVETA COUNTY

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 safety and hygiene measures in place ahead of reopening of learning institutions after postponement due to the devastating effects of the ongoing heavy rains to various schools across the country. 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 Energy regarding the conversion of the Seven Forks Hydroelectric Dams in Embu County from single-use to multipurpose use dams. In the Statement, the Committee should-

The Chairperson Justice, Legal affairs and Human Rights Committee (JLAHC) , having explained your absence to the satisfaction of the Chair, I vacate my earlier orders and allow you to proceed to table your Paper.

[(Interruption of Statements)]

Thank you, Mr. Speaker, Sir. Indeed, I appreciate you for understating the predicament that I was in, leading to your earlier decision. I beg to lay the following Paper on the Table of the Senate, today, 14th May, 2024, being: Report of the Standing Committee on Justice, Legal Affairs and Human Rights on

its consideration of the Houses of Parliament (Bicameral Relations) Bill (National Assembly Bill No. 44 of 2023). I thank you.

Thank you, Hon. Senator. Before we proceed to the next Order, or before I allow limited comments on the statements that have been sought, allow me to make the following Communication. Senator for Nyandarua, you may do that after the session is done.

[(Sen. Methu shook hands with Sen. Gataya Mo Fire)]

Hon. Senators, in the Speaker's Gallery, we have six students from Kisii University Students' Association in Kisii County who are undertaking a one-day education visit in the Senate. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. I will allow Sen. Gloria, in under o…

Thank you, Mr. Speaker, Sir. Let me take this opportunity to welcome the students to the Senate. This is the “Upper” House. I am very happy to see you here today. You should know that we are privileged as Kisii County. We have three Senators in this House. Our Head of Delegation is Sen. Onyonka who should be coming in shortly. We also have the Nominated Sen. Esther Okinyuri, who is also on her wa…

Hon. Senators, we will allow limited comments on the statements that have been sought, starting with Sen. Maanzo.

[(Resumption of Statements)]

Thank you, Mr. Speaker, Sir. I would like to comment on the Statement of Sen. Mundigi, the great Senator for Embu. When it comes to the---

Hon. Maanzo, though we have already committed that Petition to the relevant Committee, a Senator wanting to make an intervention on that Petition, you may take that opportunity when I call you up.

Thank you, Mr. Speaker, Sir. While supporting Sen. Mundigi, I would like to say that the dams have to be useful to the counties next to them and the neighbourhood. Other than the generation of electricity by dams, there must be ways of making sure that flooding by the dams are properly controlled now that it is overflowing. We thank God that nothing went extra. Mr. Speaker, Sir, it is important t…

Thank you very much, Mr. Speaker, Sir. I rise to contribute to the Statement by Sen. (Dr.) Khalwale. Boda bodas are present throughout Africa and beyond. It is a critical transport system helping people in a rural part of this country. They are facing a lot of challenges from the police and criminals abducting them. We need to protect this industry, which is very important for this country. It ha…

Proceed, Sen. Osotsi.

Mr. Speaker, Sir, thank you for this opportunity to express my thoughts on the Statements by Sen. (Dr.) Khalwale and Sen. Kavindu. On Sen. (Dr.) Khalwale's Statement on boda boda, the problem of harassment of boda boda is not just confined to Kakamega County, but in all our counties. They receive

a lot of harassment from the police, passengers and criminals. This House has an opportunity to help the boda boda sector by ensuring that they are protected from all these people and particularly the police. Mr. Speaker, Sir, we have insecurity all over the country, but the police find it easy to target the boda bodas alone. The real criminals are there running after our people and committing cr…

[(Applause)]

Let us have the Chairperson.

in this very innovative Bill, I urge that we put a provision in Clause 11 to find a place for abortion in two ways. When a woman who gets a spontaneous abortion lands at KNH emergency room, they are treated as if they were seeking an illegal abortion. The treatment is traumatizing. When a woman, who was three months pregnant and has been waiting for this baby arrives in hospital and there are als…

Sen. (Dr.) Khalwale, your time is up. Maybe you can conclude.

Mr. Speaker, Sir, I still had a few points, which I wanted to be addressed, but I will pass them over to the Mover in writing. I thank and support you. I am so proud of your industry this afternoon.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Hon. Senators, pursuant to Standing Order No.45 (2) , we are going back to Order No.8 followed by Order No.9, in that order.

Thank you, Mr. Deputy Speaker, Sir. I rise to move The Public Transport (Motorcycle Regulation) Bill (Senate Bills No.38 of 2023) . I have deliberately risen to kickstart the Bill for me now to come out properly tomorrow if the Clerk-at-the-Table will schedule it for tomorrow. At this particular point, I want to emphasise who this Bill affects. Mr. Deputy Speaker, Sir, the boda boda industry emp…

Sen. Dr. Khalwale, you have a balance of 59 minutes to move your Bill.

Thank you, Mr. Deputy Speaker, Sir.