Senate · Afternoon Sitting

Clerk, do we have quorum?

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

Kindly, proceed to call the first Order.

[(Sen. Oketch Gicheru walked on the gangways)]

Sen. Oketch Gicheru, kindly, take your seat. Does your leg not allow you to take a seat?

[(Sen. Oketch Gicheru spoke off record)]

Okay. We wish you a quick recovery, Sen. Oketch Gicheru)

Hon. Senators, I take this opportunity to welcome you back from the two weeks’ recess.

I hope that you were able to meet with your constituents, friends and families and that you took some time off to rest and recharge. Part IV of the Senate Calendar commences today and will run until the rise of the Senate on Thursday 10th August 2023. In terms of the legislative business before the Senate, a total of 21 Bills are under consideration in the Senate, with 17 at the Second Reading st…

Hon. Senators, I have two Messages to convey. I wish to report to the Senate, that, pursuant to Standing Order 46 (3) and (5) , I received the following Message from the Speaker of the National Assembly, regarding the passage by the National Assembly of the Public Finance Management (Amendment) Bill (National Assembly Bills No. 16 of 2023) .

The Message, which is dated Thursday, 29th June 2023, was received on the 29th June 2023 while the Senate was on recess, and was transmitted to all Senators pursuant to Standing Order 46(5). Pursuant to the said Standing orders, I now report the Message. “Pursuant to the provisions of Standing Order 41(1) and 142 of the National Assembly Standing Orders, I hereby convey the following Message from…

Pursuant to the provisions of Standing Order No.41(1) and 142(b) of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly: “WHEREAS, the County Government's Additional Allocations Bill (National Assembly Bill No.23 of 2023) was published vide Kenya Gazette Supplement No.77 of 24th May, 2023, to provide for the additional allocations to county gove…

[(Applause)]

I would like to acknowledge the presence in the Speaker's Gallery this afternoon, a delegation from Busia County Assembly, comprising members of the Speaker’s Panel and its secretariat. The delegation is undertaking benchmarking visits in the Senate. I request each member of the delegation to stand when called out, so that you may be acknowledged in the Senate tradition. Hon. Ronald Ochalu - The…

[(Applause)]

Thank you, Mr. Speaker, Sir, for this opportunity to welcome the distinguished delegation from Busia County. Busia is a very critical county in this country, being a county that borders our neighbours Uganda and being a key transit point between the two countries. I warmly welcome you to the Senate on behalf of my colleague, Sen. Okiya Omtatah, who is not in this afternoon. I am sure he will walk…

I am sure you will enjoy your visit. Listen to the deliberations in the Senate. You will have something to take back to the great people of Busia County. Welcome and thank you for visiting the Senate this afternoon.

Asante, Bw. Spika. Ninachukua fursa hii kuwakaribisha wanafunzi kutoka shule ya Thumaitha. Thumaitha ni mojawapo ya shule ambazo zinajikaza kisabuni katika masomo, wakielewa kwamba masomo tu ndio yanaweza kusawazisha mahuluku-taabu, yaani hustlers, na matajiri na wakae meza moja. Kwa hiyo, ninawapa walimu kongole kwa kuhakikisha kwamba hawa wanafunzi wamefika hapa siku ya leo. Asante.

Next Order.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today 18th July, 2023.

Report of the Auditor-General on the financial statement of Kakamega County Microfinance Corporation for the year ended 30th June, 2022. Report of the Auditor-General on the financial statement of Bungoma County Youth and Women Empowerment Fund for the year ended 30th June, 2022. Report of the Auditor-General on the financial statement of Rachuonyo County Hospital for the year ended 30th June, 2…

Mr. Speaker, Sir, I rise pursuant to Standing Order 52

drawn from various AU Member States comprising AU organs, notably, the Pan African Parliament, to Sierra Leone. The short-term observers, led by H.E. Hailemariam Boshe, the former Prime Minister of the People’s Democratic Republic of Ethiopia, were mandated to assess and report on the degree to which the conduct of the elections met international standards for democratic elections. I was privileg…

These organizations, particularly the Inter-Religious Council of Sierra Leone (IRCSL) engaged in among other activities, the facilitation of dialogue between political parties, voter education campaigns and polls observation in a majority of the polling centres in the country. The IRCSL convened meetings between political parties and facilitated the signing of a peace pledge by presidential candi…

Before I proceed to call Senators to make Statements pursuant to Standing Order No.53 (1) , I have a communication to make. Senate Majority Leader, kindly take your seat.

[(Sen. Cheruiyot walked into the Chamber)]

[(Sen. Cheruiyot took his seat)]

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of officers from the Serjeant-at-Arms Department of the County Assembly of Nyandarua. The officers are in the Senate for a benchmarking visit with their counterparts. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to the delegation, and on behalf of …

[(Applause)]

Again, in the Public Gallery, we have 60 students accompanied by two teachers from Kithakanaro Mixed Secondary School in Meru County who are in the Senate on an educational tour. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them, and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

[(Applause)]

Mr. Speaker, Sir, I would like to pass my warm welcome to my former colleagues from the County Assembly of Nyandarua in the Serjeant-at-Arms Department. They are known to me because I served with them at the County Assembly. I wish them all the best as they benchmark with the Directorate of Serjeant-at- Arms of the Senate.

Bw. Spika, nakaribisha watoto wa kutoka Meru County

[(Sen. Cherarkey stood in his place)]

Sen. Cherarkey, kindly take your seat.

[(Sen. Cherarkey sat at his place)]

Bw. Spika, nawakaribisha watoto kutoka Kaunti ya Meru. Seneta wenu hayuko karibu. Yeye ndiye Deputy Speaker. Mnafaa mjifunze yale tunayofanya hapa. Jueni kuwa ninyi ndio mtakuwa Maseneta au Directors wa kesho kwa sababu miaka yetu inasonga. Nawasihi mwuepukane na mambo ya pombe, dawa za kulevya na mambo mengine.

Hon. Senators, pursuant to Standing Order No.45 (2) , I wish to rearrange today’s Order Paper. We will move to prosecute Order Nos.9, 10 and 11 before coming back to the Statements pursuant to Standing Order No.53 (1) . Clerk, kindly, proceed to call out the Orders.

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

Sergeant-at-Arms, kindly ring the Division Bell for three minutes.

[(The Division Bell was rung)]

Order, hon. Senators. Kindly, take your seats. Serjeant-at-Arms, proceed to close the doors and draw the bar.

Hon. Senators, voting is going to be done electronically. At this juncture, kindly, log out. Just pull out your cards from the delegates’ unit. As the hon. Senators are doing that, Serjeant-at-Arms, please, go around and pull out the remaining cards that are still in the delegates' units. Serjeant-at-Arms, if you are done, kindly signal me so that we may proceed. Hon. Senators, kindly proceed to…

[(Voting in progress)]

Sen. Tobiko and Sen. Omar, kindly, approach the dispatch desk so that you can be assisted to vote. Sen. Faki, I am informed by the Clerk that they hold valid delegated authority to vote. Okay, Sen. Tobiko, I am informed that the Senator concerned is present. You may proceed to take your seat. You do not vote because your delegation has already voted. Hon. Senators, we are going the announce the…

[(Sen. Faki spoke off record)]

[(Sen. Omar proceeded to the dispatch desk to vote)]

(Technical hitch) Senators, we are now back on air. Kindly proceed to vote.

Sen. Cherarkey, we have not suspended the Standing Orders.

[(Voting in progress)]

Sen. Oketch Gicheru and Sen. Onyonka, you have both not voted for the Start Up Bill. Serjeant-At-Arms, kindly proceed to where Sen. Oketch Gicheru is seated so that he can vote. (Sen. Onyonka approached the Dispatch box and proceeded to vote) Hon. Senators, take your seats. The results of the Division are as follows-

Hon. Members, the results of the Division is as follows -

Hon. Members, the results of the Division is as follows -

Hon. Members, the results of the Division is as follows: -

Serjeant-at-Arms, kindly proceed to draw the bars and open the doors.

[(The bars were drawn and the doors opened)]

Hon. Senators, this is our first day upon resumption. We have moved pretty well. I hope we can maintain this momentum. We shall be able to cover a lot of ground if we maintain this momentum. The only thing I can do, as your Speaker, is to congratulate you for the job well done. We shall proceed with the Statements pursuant to Standing Order No. 53 (1) . The order had already been called out. Sen.…

Mr. Speaker, Sir, I rise on a point of order pursuant to Standing Order No.37 to seek leave of the Senate to adjourn and discuss definite matter of urgent national importance namely; the systematic breach of peace, destruction of public and private property and livelihoods through repeated incitement of members of the public to civil disobedience and illegal public demonstrations and protest that …

The Senator shall be heard in silence.

[(Several Senators stood up in their places)]

[(Loud Consultations)]

Hon. Senators the Motion has met the requisite number required therefore the Motion shall be debated at 5.00 p.m. Let us proceed to Statements pursuant to Standing Order No. 53 (1) . Sen. Okenyuri, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Labor and Social Welfare regarding the neglect of role of the Abagusii Community in the fight for Kenyas independence. In the Statement, the Committee should –

Sen. Cheptumo, kindly take your seat.

[(Sen. Cheptumo took his seat)]

[(Sen. Cherarkey spoke off record)]

Sen. Cherarkey, you are becoming notorious.

In the Statement, the Committee should-

Sen. Munyi Mundigi, please proceed with your Statement. Are you prepared? As he gathers himself, Sen. Mwaruma, please, proceed. Sen. Mwaruma, Sen. Munyi Mundigi has gathered himself. Allow him to read his Statement.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53

Sen. Mwaruma, please, proceed.

Thank you, Mr. Speaker, Sir, for this opportunity to request for the Statement on the Kaloleni-Majengo Settlement Scheme of Voi Sub county. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Lands, Environment and Natural Resources regarding the status of adjudication of Kaloleni-Majengo settlement scheme in Voi sub-county, Taita Taveta County. In the…

Sen. Chute, please proceed.

Mr. Speaker, Sir, I request a Statement on the release of retention money arising out of contracts for construction works in the northern frontier counties. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the release of retention money arising out of contracts for construction works in the northern frontie…

As I run through the last Statement, I will allow two interventions to the Statement sought by Sen. Chute. Sen. Cherarkey, please, proceed.

Mr. Speaker, Sir, I want to comment on the Statements by Sen. Munyi Mundigi and Sen. Chute. I thank the Government for the subsidised programme on fertiliser. We need to ensure that in future, we devolve this to a certain level of either ward or sub-county to ease access to farmers. Secondly, when I met farmers at the Bonjoge area in Kabwareng Ward, they requested that the subsidised fertiliser s…

So, I would be keen on that. Let us not only restrict it to the northern frontier counties. I would want other counties to be included. I request that this should not go to the committee in charge of Roads and Transportation. It should come to the committee where I am the Vice Chairperson so that we can handle it.

[(Laughter)]

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

Sen. Thang’wa, your point of order has been overtaken. The Senator has already taken his seat. Proceed to contribute.

Thank you, Mr. Speaker, Sir. Sen. Chute did what ought to be done in his own right, by bringing his Statement to the Floor of this House. He is a Member of the Committee on Roads, Transportation and Housing. He believes that this Committee will execute their mandate by giving the information back once we get the response. It is not only on the northern side that retention money for contractors ha…

Sen. Kinyua, proceed.

Bw. Spika, ninashukuru kwa kunipa fursa hii kuchangia kwenye Kauli iliyoletwa na Sen. Munyi Mundigi. Ni jambo la kuvunja moyo kuona mbolea inayopeanwa na Serikali inapelekwa mijini badala ya mashinani kwa wakulima. Ninaunga mkono mbolea ipelekwe mashinani kwa wakulima. Katika Kaunti ya Laikipia, mbolea inapelekwa Nanyuki na Nyahururu, ilhali wakulima wanaohitaji hiyo mbolea wako mashinani. Inafaa…

Sen. Cheruiyot, proceed. Senate Majority Leader, your name is beaming on my dashboard, certainly signifying that you want to speak. Proceed.

Mr. Speaker, Sir, apologies. I did not know you had given me the Floor. I wish to react to the two statements by Sen. Munyi Mundigi and Sen. Chute. I will start with Sen. Munyi Mundigi Statement. I like the angle that Sen. Munyi Mundigi has pursued. We are asking the Ministry of Agriculture and Livestock Development to furnish this House with details on the plans to ensure flawless distribution o…

carry out the last mile exercise so that farmers can just simply walk to their shopping center, they will not need to hire a boda boda, they would carry the fertilizer on their backs. I hope that our colleague, Sen. Linturi, is listening to the conversation in the Senate this afternoon hearing that the concern that Senators have on behalf of farmers they represent. This is how you feed your peopl…

I hope when this Committee considers this request by Sen. Chute, they will also find time to listen to the challenges that are faced by all these other contractors; so that as a House, perhaps we can reach a resolution and have a firm solution to this issue in the greater interest of the people who do business with our county governments. I thank you for the opportunity.

Thank you, Mr. Speaker, Sir. I want to support the Statement by Sen. Chute of Marsabit. As you are aware, they are issuing money for all the contracted works. It is 10 per cent of the initial price. However, this money is supposed to be retained for only one year at most. Mr. Speaker, Sir, the purpose of this money in any business is actually for cases where work is not well done; either the wor…

Before we call the next order, I have the following Communication to make. In the Speakers gallery this afternoon, we have 56 students accompanied by two teachers from South Tetu Girls High School, Nyeri County, who are in the Senate on an education tour. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my…

Thank you, Mr. Speaker, Sir, for giving me this opportunity to say words of welcome to the visiting students. We welcome you this afternoon to our session in the Senate to observe how we carry out our business here. We are bound by the rules of the House and I am sure you have had some sessions with your teachers and the guides here in the Senate.

We welcome you to learn as much as possible and to get inspired. Make sure as the proceedings continue, you are getting the gist of how we operate here so that you can have as much learning experience as possible. I thank you.

I will allow Sen. Methu, to also say brief welcoming remarks.

Thank you, very much Mr. Speaker, Sir. I am particularly very excited that you have given me an opportunity to welcome the beautiful girls from South Tetu Girls, a school in Nyeri. Even though it is not my home county, on behalf of their Senator, Sen. Wamatinga, I welcome them to the Senate. I am particularly excited that amongst the students who are here is my own sister, Anna Njoki, a good girl…

Next Order.

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

Next Order.

[[The Speaker (Hon. Kingi) left the Chair]]

Hon. Senators, I have a communication from the Chair on visiting teachers and students from Gatamaiyu High School in Kiambu County. Hon. Senators, in the Public Gallery, we have 48 students accompanied by three teachers from Gatamaiyu High School in Kiambu County who are in the Senate on an educational tour. In our usual tradition of receiving and welcoming visitors to Parliament, I extend my wa…

Thank you, Madam Temporary Speaker, for this opportunity to welcome teachers and students of Gatamaiyu Boys High School. We thank the administration of the school for choosing the Senate as a place where the students can come to learn. We welcome them. I would like to tell them to aspire to do what they have seen happening here in future. We have very sober debates and contributions. This is what…

Proceed, Sen. Osotsi.

Thank you, Madam Temporary Speaker. I am Sen. Osotsi, the Senator of the good people of Vihiga County. I also join in welcoming the students from Kiambu County to the Senate this afternoon. Kiambu is a great County. It has historically produced two Presidents of this Country. So, you are welcome to the Senate and I hope that you will learn a lot from what you have seen around. Coming to the Publi…

I got to know a lot and got interested in politics and worked hard to become a nominated Member of Parliament and later on, the Senator of the great people of Vihiga County. So, I am sure that you will learn one or two things and you will get interested in. However, for now, concentrate on your studies. Grow in your academics and become professionals. Join politics after you have worked and under…

We will now resume debate on the Persons with Disabilities Bill (Senate Bills No.7 of 2023) . I call upon Sen. Joe Nyutu of Murang’a County to proceed.

[(Resumption of Debate on the Bill)]

Thank you, Madam Temporary Speaker. I beg to move 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: the systematic breach of peace, destruction of public and private property and livelihoods through repeated incitement of members of the Republic to civil disobedience and illegal public demons…

Many businesses were closed. The demonstrators even went to the extent of breaking the Express Way, whose contractor needs to be paid about Kshs700 million. There is now another rumour of a big maandamano tomorrow. My question is whether it is possible for the Azimio Coalition and our Government of Kenya Kwanza to have dialogue and see the way forward. Secondly, my humble request to the Senate i…

Sen. Cherarkey, you may proceed.