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)]

Order, hon. Senators. I am informed that we do have quorum now, kindly settle in. Clerk, you may proceed to call the first Order.

I also hope the select Committees took the opportunity during this recess to consider and conclude on pending business. In accordance with the Calendar of the Senate, Part IV would have seen the Senate transact business until 17th October, 2024, with a two-week break between 18th October, and 4th November, 2024. However, during a meeting of the Senate Business Committee (SBC) held today, 17th Se…

Pursuant to the provisions of Standing Order No. 41(1) and 144 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly: Whereas, the County Government's Additional Allocations Bill, Senate Bill No. 19 of 2024, was passed by the Senate on Tuesday, 11th June, 2024 and referred to the National Assembly for consideration pursuant to the provisions of…

19(B)(C) and the proposed New Schedule to the Bill, thereby committing it to Mediation Committee in accordance with the provisions of Article 112 (2)(B) of the Constitution. Now, therefore, in accordance with the provisions of Article 112 of the Constitution and Standing Orders No.41(1) and 148(B) of the National Assembly Standing Orders, I hereby convey the said decision of the National Assembly…

Report of the Auditor-General on Financial Statements of Matiliku Sub-County Level 4 Hospital – County government of Makueni, for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Makueni County Referral Level 5 Hospital – County government of Makueni, for the year ended 30th June, 2022. Report of the Auditor-General on Financial Statements of Makueni Count…

Proceed, Sen. Veronica.

Let me proceed to do it for her. I beg to lay the following Paper on the Table of the Senate: Report of the Parliamentary Delegation to the 2024 Joint United Nations – Inter- Parliamentary Union Parliamentary Hearing held at the United Nations headquarters in New York, United States of America from 8th to 9th February, 2024. I beg to lay on behalf of Sen. Veronica Maina.

Next Order.

Mr. Speaker, I beg to give notice of the following Motion: Aware that on the 11th July, 2024, pursuant to Article 126 (1) of the Constitution, the Senate resolved to hold its plenary and committee sittings in Busia County from the 23rd to 27th September, 2024; and, Acknowledging the recommendation of the Senate Business Committee to alter the dates of holding the sittings in Busia County and the …

You may proceed.

Mr. Speaker, Sir, I beg to give Notice of the following Motion, which is alteration of the Senate Calendar for Part Four of the Third Session- THAT notwithstanding the resolutions of the Senate made on 15th February, 2024, which was approval of the Senate Calendar, and 19th August, 2024, on the alteration of the Senate Calendar, pursuant to Standing Order No.32 (4) , the Senate further resolves t…

[(Loud consultations)]

Order, hon. Senators. Please, take your seats and let the Senate Majority Leader be heard in silence.

Then proceed for recess on 1st November, 2024, and resume regular sittings on Tuesday, 12th November, 2024. I thank you.

There was a Notice of Motion to be given by Sen. Veronica Maina. Senate Majority Leader, you may proceed to give it.

Mr. Speaker, Sir, on behalf of Sen. Veronica Maina, allow me to give this Notice of Motion on the Report of the Parliamentary Delegation to the 2024 Joint United Nations (UN) Inter-Parliamentary Union (IPU) , a parliamentary hearing held at the UN Headquarters in New York, United States of America (USA) , from 8th to 9th February, 2024. I beg to give Notice of the following Motion- THAT the Senat…

Let us go to the next Order.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding utilisation of cess levied on sugarcane by the county government of Kisumu, particularly in construction and rehabilitation.

[(Loud consultations)]

Order, hon. Senators. You do not need to strain a professor. Just proceed. You are doing very well.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding utilisation of cess levied on sugarcane by the county government of Kisumu, particularly in the construction and rehabilitation of roads in the sugar belt zones in Kisumu County.

In the Statement, the Committee should-

Next is Sen. Chimera.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the proposed tolling policy on the Dongo Kundu Bypass Highway, which has raised significant public concern. The highway will link Mombasa Mainland West with Mombasa Mainland South without getting into Mombasa Island. In the Statement, the Com…

You may proceed, Sen. Chimera.

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 Talanta Hela Project and leadership dynamics within national sports organisations. In the Statement, the Committee should-

Sen. Madzayo, the Senate Minority Leader, had a Statement pursuant to Standing Order No.52 (1) .

Mr. Speaker, Sir, I have been deputized to make this Statement on behalf of the Senate Minority Leader, hon. Stewart Madzayo. This is a Statement on withdrawal of the security detail of hon. Justice Lawrence Mugambi. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of national and general topical concern, namely withdrawal of the security of hon. Justice Lawrence Mugamb…

I strongly condemn the intimidation of hon. Justice Lawrence Mugambi. We must all take cognizance of the appeal processes provided in our laws for any party who feels dissatisfied with a court ruling, rather than resort to revenge missions against the Judiciary. Such actions not only seek to undermine the authority of the courts and administration of justice, but also suggest that judicial decisio…

Proceed, Sen. Osotsi.

(Order for First Reading read - Read the First Time and ordered to be referred to the relevant Senate Committee) Next Order.

Hon. Senators, the debate on this Motion had been concluded. I will now proceed to put the question, but before I do that, Clerk, do we have the requisite quorum? Now, hon. Senators, voting shall be by voice. Therefore, I will proceed to put the question unless the Chairperson of that Committee has any other observations.

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

Thank you, Mr. Speaker, Sir. We had debated on this. I just want to clarify that the issue with the Bill from the National Assembly on the amendment of the Equalization Fund is that they reduced Kshs10 billion. Hence, the Committee resolved to reject the amendments. I therefore urge my colleagues to reject the amendment.

That report was laid before the plenary. I think the Members are adequately informed on what to do.

They were asking me what the issue is. I thank you for allowing me to just put forth my voice and ask them and request them to vote “no”.

No, you cannot campaign, Madam Chairperson. I am afraid you may not be able to have that latitude. Now, Hon. Senators, I will proceed to put the question. Next Order.

[(Question put and negatived)]

(Motion Deferred) Next Order.

Sen. Cherarkey, I can see your name on my dashboard, but your physical being was not felt. Also, you had already spoken to this Motion. From the record, you had already contributed to this Motion. So, there being no other Senator wishing to contribute, I will ask the Mover to reply. Sen. Boni, if you are not in a position to reply, we can defer it so that you prepare yourself accordingly.

Mr. Speaker, Sir, before I had failed to draw your attention. Pursuant to Standing Order No. 66 (3) , I request that the putting of the question be deferred to another day. I thank you.

Very well. It is so ordered. Next Order.

[(Putting of the Question on the Motion deferred)]

Very well. It is so ordered. Next Order.

[(Putting of the Question on the Motion deferred)]

When the debate was interrupted on Thursday, 1st August, 2024, the Hon. Sen. Peris Tobiko was contributing and had a balance of three minutes. Hon. Senator, you may proceed to take your three minutes.

Mr. Speaker, sir, I think I was done. Thank you.

Mr. Speaker, Sir, let me state that I rise to support this Bill that seeks to amend the land regime in this country. This is a very brief Bill. If you look at it, I can count only one material clause because it is Clause 3 that seeks to now provide for a regime of registration of land that is held by a public body or institution, being able to apply to the registrar for the registration of public …

as long as there is a public body, such as county government or even a national Government institution does not have the title deed, this creates a leeway for people within the lands departments and other places to come up with forged documents. Then you hear that land that was set aside for a public purpose has been grabbed. Therefore, without going into too much, this is an amendment that is ti…

as long as there is a public body, such as county government or even a national Government institution does not have the title deed, this creates a leeway for people within the lands departments and other places to come up with forged documents. Then you hear that land that was set aside for a public purpose has been grabbed. Therefore, without going into too much, this is an amendment that is ti…

There being no other Senator wishing to contribute, I will call upon the Mover to reply.

Mr. Speaker, Sir, I want to thank all the Senators who have taken time to contribute to the Land Amendment Bill (National Assembly Bills No.40 of 2022) . It is quite a straightforward Bill that will secure the interests of our public institutions which have fallen prey to these land grabbers that are so vicious across the length and breadth of our Republic, but mostly targeting vulnerable public …

Senate Majority Leader, are you making any requests for postponement of the putting of the Question, or do we proceed?

It is so ordered. Next Order.

It is so ordered. Next Order.

Now, on interruption of debate on 8th August 2024, Sen. M. Kajwang’ was on his feet and had a balance of five minutes. I do not see him here, neither do I see him on my dashboard. Any Senator wishing to contribute to this Bill? I will therefore call upon the Mover to reply.

There are many things that we have said, including yours truly, about the existence of CoGs. However, we have come of age and we appreciate the important role it plays in entrenching devolution in our country. All the successes and challenges that devolution continues to face are better addressed with CoGs and Senate working in sync. Therefore, to pass this legislation and ensure that we anchor t…

There are many things that we have said, including yours truly, about the existence of CoGs. However, we have come of age and we appreciate the important role it plays in entrenching devolution in our country. All the successes and challenges that devolution continues to face are better addressed with CoGs and Senate working in sync. Therefore, to pass this legislation and ensure that we anchor t…

It is so directed. Let us go to the next Order.

[(Putting of question on the Bill deferred)]

Sen. Miraj Abdullahi Abdurrahman, proceed. That Order is deferred.

Bw. Speaker, I am not ready to move the Bill.

[(Sen. Oketch Gicheru consulted the Chair)]

I thought Sen. Chute is in the House.

Yes, Mr. Speaker, Sir, I have just said that I am not ready.

You are not ready?

Yes.

Okay, we will defer that particular order. Let us go to the next Order.

the state of insecurity in Turkana County, laid on the Table of the Senate on Wednesday, 7th August, 2024.

Similarly, in the absence of the Chairperson of the Standing Committee on County Public Investments and Special Funds, Sen. Osotsi, that Motion is deferred to the next sitting. Let us go to the next Order.

Similarly, in the absence of the Chairperson of the Standing Committee on County Public Investments and Special Funds, Sen. Osotsi, that Motion is deferred to the next sitting. Let us go to the next Order.

Kakamega, Kirinyaga, Makueni, Meru, Bomet, Murang’a, Nandi, Nyamira, Nyeri, Siaya, Vihiga, Wajir and Samburu County Executives for the Financial Year 2019/2020 laid on the Table of the Senate on Tuesday, 5th March, 2024.

Similarly, the Chairperson of the County Public Accounts Committee (CPAC) is not present in the House. Therefore, the Motion is hereby deferred. Let us go to the next Order.

Hon. Members, shall we all rise? Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until tomorrow, Wednesday, 18th September, 2024, at 9.30 a.m. The Senate rose at 5.48 p.m.