Senate · Afternoon Sitting

Clerk, do we have quorum?

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

Serjeant-at-Arms, kindly, ring the Quorum Bell for 10 minutes. Serjeant-at-Arms, I am informed that we do have Quorum now, kindly stop the Bell. Clerk, proceed to call the first Order, please.

[(The Quorum Bell was rung)]

Hon. Senators, I have the following Communication to make- As you may recall, on Tuesday, 3rd October, 2023, Sen. Oketch Gicheru, MP, the Senator for Migori County, rose on a point of order seeking the direction of the Speaker as to whether Sen. Orwoba, MP, was in order to sit in and participate in the proceedings of the Senate; the said Senator having been suspended by the Senate.

Other Senators, including Sen. (Dr.) Khalwale, the Senate Majority Whip; Sen. Cherarkey, the Senator for Nandi County; Sen. Osotsi, the Senator for Vihiga County; Sen. Mungatana MGH, the Senator for Tana River County; Sen. Madzayo and Sen. Kathuri made contributions to the point of order raised by Sen. Oketch Gicheru. Hon. Senators, by way of background, you will recall that on the 2nd August, 20…

duties of all guardians of the Constitution include the duty not to transgress the limitations of their own constitutionally circumscribed powers by trespassing into what is properly the domain of other constitutional organs” Hon. Senators, it is therefore clear that the courts, save for justifiable instances, should not interfere with an ongoing process before Parliament as clearly demonstrated …

Another matter that clearly demonstrated that the decisions of Parliament are subject to review by the courts was the matter of James Opiyo Wandayi – vs - Kenya National Assembly and two others, i.e. Judicial Review Application No. 258 of 2016. In this matter, on 31st March 2016, the Speaker of the National Assembly ordered hon. Opiyo Wandayi to withdraw from the Chambers pursuant to Standing Ord…

Mr. Speaker, Sir, Pursuant to Standing Order No.238, I wish to table the report of the Standing Committee of the Labour and Social welfare on the Petition by Mr. Kimutai Kirui and other residents of Uasin Gishu County, concerning alleged fraud by a First Choice Recruitment and Consultancy agency. The Petitioners, Mr. Kimutai Kirui and Mr. Cleophas Arap Koech, representing an estimated 5,000 young…

[(Applause)]

Sen. Mbugua, I am told you have another report to lay.

Yes, Mr. Speaker, Sir.

Okay, proceed before Sen. Lomenen takes the Floor.

Mr. Speaker, Sir, pursuant to Standing Order No.238, I wish to table the report of the Standing Committee on Labour and Social Welfare on the Petition presented to the Senate on 22nd March, 2023 by Sen. Samson Cherarkey, MP, the Senator for Nandi County, on behalf of the Health Sector Unions Associations and Societies. The Health Sector Unions Associations and Societies had referred to the Standi…

Further, they are subject to discriminatory terms like inadequate on non-existent risk allowance. The petitioners also raised issues concerning the delayed posting for internships particularly for clinical officers since December, 2022. While processing the above Petition, the Committee was seized of the Petition on unfair treatment of the Covid Health Emergency Response Project (CHERP) health wo…

Thank you Mr. Speaker, Sir, for this opportunity. I submit a Petition to the Senate concerning the state of insecurity in Turkana County. I, the undersigned citizen of the Republic of Kenya and resident of Turkana County do hereby authorize the Senator for Turkana County, Sen. James Ekomwa Lomenen, MP, to present this Petition to the Senate on my behalf and on behalf of the residents of Turkana Co…

Hon. Senators, pursuant to Standing Order No. 238 (1) , I direct that the Petition be committed to the Standing Committee on Devolution and Intergovernmental Relations. In terms of Standing Order No. 238 (2) , the Committee is required in not more than 60 calendar days from the time of reading this prayer, to respond to the petitioner by way of a report addressed to the Petitioner and laid on the…

[(The Petition was committed to the Standing Committee on Devolution and Intergovernmental Relations)]

Mr. Speaker, Sir, under your benevolence of Standing Order No. 1, allow me to react to the Report on my Petition. The affected youths were mostly from Nandi County which I represent. Allow me three minutes to comment. From the onset---

Senator for Nandi, who has permitted you to proceed?

[(Laughter)]

Mr. Speaker, Sir, from your smile and your grace, you look nice, mellow, and ready for my submissions.

Senator for Nandi, I was almost obliged. However, you have messed up that opportunity. There are 23 Statements in the Order Paper today. If we allow any comment on Petitions or Statements, we might not make any progress. However, Senator for Nandi, I will allow you two minutes to speak on that Petition.

Mr. Speaker, Sir, I thank your office and the Committee on Labour and Social Welfare, which I am proud of. There were bribery allegations against the Committee, but I am proud that it stood for justice fairness and truth for the over 5,000 young people who were conned across the country, especially within Uasin Gishu and Nandi counties. The onus is on the Director of Public Prosecution (DPP) and …

The Committee on Labour and Social Welfare should follow up and make sure the recommendations are implemented. The Board of the National Employment Authority must be disbanded because they exposed many young Kenyans by allowing fraudulent recruitment agencies to take Kenyans for a ride. I thank you on behalf of the great people of Nandi and the 5,000 young people from North Rift who were conned. …

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

What is your point of order, Sen. Kavindu Muthama?

Thank you, Mr. Speaker, Sir, I beg to give Notice of the following Motion---

[(Sen. Githuku and Sen. Mumma consulted loudly)]

Senator for Lamu County and Sen. Mumma, there is a reason why there was a distance between the chairs. Kindly maintain the distance.

[(Sen. Mumma resumed her seat)]

Thank you, Mr. Speaker, Sir, for protecting me. I beg to give Notice of the following Motion - THAT pursuant to Standing Order No.37 the Senate do now adjourn to discuss a definite matter of urgent national importance namely; demolition of homes and properties in Mavoko, Machakos County.

[(Applause)]

Hon. Senators, I am satisfied that the threshold required under Standing No.37 (5) has been met. Therefore, I direct that this Motion be moved at 5.30 p.m. Next Order.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on an issue of general topical concern and national importance namely; Kevin Kiptum shattering Marathon World Record in a staggering and superb performance at the Chicago Marathon on Sunday, 9th October, 2023. Once again, our sports men and women have brought glory to our country this time through the new…

I also wish to call upon the Anti-Doping Agency of Kenya (ADAK) to enhance its vigilance and eradicate rogue agents and coaches who spoil athletes’ careers and the good name of our Athletes by making them engage in doping unknowingly. Finally, I wish to congratulate our sportsmen and women for their superb performances in Chicago and Angola. I wish to applaud the rising Harambee Starlets. Howeve…

Sen. Crystal Asige, you may have the Floor. That statement 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 Relations regarding measures put in place to address insecurity in Turkana County, including cross-border conflicts. In the Statement, the Committee should -

Sen. Veronica Maina, you may have the Floor.

Thank you, Mr. Speaker, Sir. I have two Statements and the first one is an allegation of politically instigated harassment of employees in counties. 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 allegations of politically instigated harassment of employees in the counties. In the Statement,…

Sen. Wafula, you may have the Floor.

Thank you, 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 status of the recent recruitment of senior management officers at the Kenya National Highway Authority (KeNHA) . In the Statement, the Committee should -

Proceed.

Thank you. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Health regarding the status of healthcare services to the beneficiaries of National Health Insurance Fund (NHIF) . In the Statement, the Committee should -

Sen. Oketch Gicheru, you may have the Floor.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Health regarding the death of Ms. Maurine Achieng' and her newborn baby at healthcare facilities in Nairobi City County. In the Statement, the Committee should -

Senator of Laikipia County, Sen. Kinyua, proceed.

Mr. Speaker, Sir, I am raising on Standing Order No.55, the Contents of the Request for Statements. Standing Order No.55 (1) states - “The facts on which a request for Statement is based may be set briefly, but extracts from newspapers and other media or quotations from speeches shall not be admissible.” Mr. Speaker, Sir, I wanted your guidance because as the Senator of Bungoma County was reques…

Senator of Laikipia County, you may have a valid point of order but, why did you have to wait until the good Senator concluded his contribution? The Statement has already been committed to a Standing Committee. However, hon. Members, the point of order by the Senator of Laikipia County is valid. The contents of a Statement are well guided by our Standing Orders, specifically, Standing Order No.55…

You cannot refer to reports in the newspaper. Going forward, hon. Senators, while you are requesting Statements or even making your contribution on the Floor of the House, do not refer to such sources of information. Yes, Sen. (Dr.) Khalwale, what is your point of order?

Mr. Speaker, Sir, I hear you, but maybe you need to guide us slightly more. Our understanding is that before you are allowed to read a Statement, the Statement goes through due diligence. So even in the process of due diligence, the distinguished Senator was not able to convince the Secretariat, the Office of the Clerk that the information he was giving was not based on newspaper reporting and so…

The Secretariat is duly notified but before I make my ruling, I will allow Sen Sifuna.

Thank you very much, Mr. Speaker, Sir. I just wanted to lend my understanding of that Standing Order before you make your decision. In my reading of Standing Order No.55, what is not admissible are extracts and quotations. Those are two very clear things. For instance, I cannot take the version of the Daily Nation Newspaper today and copy-paste something that has been written there. That is an ex…

I thank you. Hon. Senators, there are safety valves in approving these Statements, and all those safety valves are guided by Standing Order No.55. So again, the Secretariat, as you are processing these Statements from hon. Members, they will be placed before you, raw. kindly, be guided by the contents of Standing Order No.55, which specifies what ought to be contained in the Statement and what oug…

No.55(g) says, “should not ask whether any statement in a press or of a private individual or an official body had an official government report is accurate.” I do not think the Member was basing his case on a statement that he stumbled on from the press. His question was not to invite the Committee to probe that particular statement in the press as to whether it is accurate or not. That was not …

Thank you very much, Mr. Speaker, Sir, for giving me this opportunity to request for a Statement on the status of compensation by Kenya National Highway Authority (KeNHA) of land owners along the Western Bypass in Kabete. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Department of Roads, Transportation, and Housing regarding the status of compensation by Kenya National …

Sen. Kibwana, please proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Information, Communication and Technology on the sale of Telkom Kenya to Infrastructure Corporation Africa (ICA) and its implications. In the Statement, the Committee should -

Sen. Cherarkey, please proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Information, Communication and Technology on the financial status and operations of the Postal Corporation of Kenya. In the Statement, the Committee should -

In the Statement, the Committee should -

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

Proceed, Sen. (Prof.) Tom Odhiambo Ojienda.

Thank you, Madam Temporary Speaker, I have two Statements. I rise, pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding deaths and injuries on civilians caused by the countrywide demonstrations including cases in Kisumu County. In the Statement, the Committee should-

Proceed, Sen. Okenyuri.

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Finance and Budget on the socio-economic impact of the Hustler Fund. In the Statement, the Committee should-

We will defer the Statement by Sen. Mundigi. I think he is somewhere else.

Madam Temporary Speaker, I rise, pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Health regarding the rise of cancer cases in Laisamis and North Horr Constituencies in Marsabit County. In the Statement, the Committee should-

Proceed, Sen. Mwaruma.

On a point of order, Madam Temporary Speaker.

What is your point of order, Sen. Chimera?

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No. 228. Four to five months ago, I made a Statement in this hon. House on the Status of the medical insurance of our Kenya Police officers. Since then, nothing has happened. That Statement was committed to the Standing Committee on Labour and Social Welfare. I have not received communication from them. I am in the dark in as …

Sen. Mwaruma, hold on a bit. I ask the Vice Chair of the Committee on Labour and Social Welfare who is present to quickly respond to Sen. Chimera’s concern. If you are able that is.

Thank you, Madam Temporary Speaker. I may not have the response at the moment. I will consult the secretariat and then I will respond accordingly.

Can the relevant Committee ensure that they provide a response at the next Sitting? Sen. Mwaruma.

Thank you, Madam Temporary Speaker, for this opportunity to request for a Statement on payment of retirement benefits for former employees of the Housing Finance Corporation of Kenya (HFCK) . I rise, pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Finance and Budget regarding the underpayment of retirement benefits to former employees of the Housing Fina…

Sen. Sifuna.

Thank you, Madam Temporary Speaker. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Labour and Social Welfare, regarding the status of the ownership of the land of Tom Mboya Social Hall in Makadara Constituency. In the Statement, the Committee should-

Hon. Members, Sen. Crystal Asige’s Statement is deferred. She is away officially.

[(Statement deferred)]

Asante, Bi. Spika wa Muda, kwa kunipa fursa hii. Naungana na wewe kuwakaribisha wageni wetu kutoka Murangá. Nawaambia ya kwamba, Seneta wa

kutoka Murangá, Joe Nyutu ni mweredi katika kazi yake na ako kwa shuguli za kiserikali, ndio maana hayuko na sisi hapa. Pia nawaambia ya kwamba, wamekuja siku nzuri wakati kuna taarifa nyingi na kwa hivyo, watasoma kutoka Seneti. Wakikaa kidogo, wataona kuna Mswada umeletwa na Sen. Kavindu Muthama kuhusu mambo yaliyotendeka Mavoko. Najua wataelewa maneno mengi yanavyoendelezwa katika Seneti yetu.…

Thank you. I now wish to invite Sen. Omogeni to move a Motion.

Madam Temporary Speaker, I beg to give Notice of the following Motion- AWARE THAT the National Dialogue Committee was established by Parliament through a Resolution passed by the National Assembly and the Senate on the 16th August, 2023 and 29th August, 2023 respectively; FURTHER AWARE that the resolution outlines the mandate of the Committee which includes to facilitate dialogue, consensus buil…

RECOGNIZING the need for the Committee to conclude the consideration of the issues for negotiations, the process of making the appropriate constitutional, legal and policy reforms on each of the issues as framed by the Committee and preparation of a report for submissions to the leadership of Kenya Kwanza and Azimio Coalitions and thereafter to Parliament; NOW, THEREFORE, the Houses of Parliament…

Next order.

First Reading

Hon. Senators, I had deferred Sen. Mundigi’s Statements. So, I call on him to read his statements now.

Madam Temporary Speaker, I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries; on the unavailability of certified seeds by authorised seed companies and their distributors leading to an artificial shortage in the market and the attendant increase in prices of the seeds to farmers. In the Statement, the Committee sho…

Madam Temporary Speaker, I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Senate Standing Committee on Agriculture, Livestock and Fisheries regarding stalled irrigation projects that are funded by the National Government in Embu County. In the Statement, the Committee should –

Next Order.

present Government promised relocation of citizens who reside on public land. I wonder what changed. The other day, the President told us it is a win-win situation. I request the Government to quickly come up with a relocation and compensation plan for the affected residents on the public amenities; schools, hospitals and religious institutions. Can the Government have an agreement with the count…

present Government promised relocation of citizens who reside on public land. I wonder what changed. The other day, the President told us it is a win-win situation. I request the Government to quickly come up with a relocation and compensation plan for the affected residents on the public amenities; schools, hospitals and religious institutions. Can the Government have an agreement with the count…

Sen. Sifuna, please proceed.

plaintiff had been unable to effect personal service on some of the respondents in the case. Therefore, it is not true that a definitive determination has been made on the ownership of the land in Machakos County. We are not here to argue the legality or the title of who owns what. Whether it is a question that it is public land, owned by Portland or by these individuals, is another case altogeth…

Madam Temporary Speaker, for us, we ask for a human face to enforcement of court orders. Let there be a human face when kicking out people from land and destroying their homes. As far as we are concerned, this is a matter that the President himself must speak to. He needs to answer the question on whether he still holds to his promise to Kenyans to make sure that, in fact, such demolitions – espec…

What is your point of order? I have not even proposed the Question. What is your point of order?

[(Question proposed)]