Senate · Afternoon Sitting

Tuesday, 19 March 2024

Session Summary

Senators Faki and Cheruiyot highlighted Kenya’s debt distress, noting the current debt‑to‑GDP ratio of 68% versus the 55% target for 2029. They criticised the existing programme‑based budgeting and the large number of state corporations, urging zero‑based budgeting and a reduction of state entities to curb spending. The debate combined criticism of the status quo with constructive proposals for fiscal reform. Senators debated the medium‑term debt management strategy, emphasizing the need to curb borrowing, cancel undisbursed loans and shift from a numerical debt ceiling to a GDP‑linked debt anchor. They also called for the privatization or restructuring of loss‑making state entities such as Post Bank, Kenya Airways and KICC to improve fiscal sustainability. The discussion was critical of past borrowing practices but offered constructive proposals for reform. Senators highlighted serious delays in expanding bed capacity at Mama Lucy Hospital and other Level‑Five county facilities, blaming lack of follow‑up by the county governor and stalled contracts. They called for re‑establishing a Committee on Implementation to ensure Senate resolutions are acted upon and raised concerns about delayed subsidised fertilizer distribution, while also supporting infrastructure projects such as LAPSSET, Lake Turkana wind power, and stricter aviation safety measures.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

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The Speaker (Hon. Kingi)

Order, hon. Senators. I am informed that we do have quorum. Kindly take your seats, so that we can do our business. Clerk, proceed to call the first Order. Sen. Ali Roba, we are waiting for you to take your seat. I have Communications to make.

[(Sen. Ali Roba sat at his place)]

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The Speaker (Hon. Kingi)

Hon. Senators, in the Speaker’s Gallery, we have 16 students and one faculty member from Mama Ngina University College in Kiambu County, who are undertaking a one-day education visit in the Senate.

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The Speaker (Hon. Kingi)

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.

[(Applause)]

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Sen. Cheruiyot

Mr. Speaker, Sir, I take this opportunity, on behalf of all my colleagues, to welcome visiting students from Mama Ngina University College in Kiambu County. I am sure that when they scheduled a visit to the Senate, it was because of appreciation of the good work that has been going on in this House. The students have visited to understand the law-making procedures. They should draw inspiration fr…

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The Speaker (Hon. Kingi)

Hon. Senators, I do have another Communication to make.

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The Speaker (Hon. Kingi)

Hon. Senators, the Standing Orders outline the procedure for introduction, consideration and voting on Bills in the Senate. As hon. Senators are aware, the First Reading is the formal introduction of a Bill in the Senate. The Second Reading relates to debate on the merits and demerits of a Bill. The Committee of the Whole relates to consideration of a Bill clause by clause, including amendments, …

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The Speaker (Hon. Kingi)

Further, Standing Order No.162 provides for the framework for co-sponsorship of Senate Bills in the National Assembly. Standing Order No. I62(1) and (2) state as follows– “(1) A Senator who intends to nominate a Member or Members of the National Assembly to co-sponsor a Bill passed by the Senate, shall upon passage of the Bill, notify the Speaker in writing of the name or names of the proposed co…

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The Speaker (Hon. Kingi)

Sen. Wafula, proceed to your seat. You will share the greetings later.

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The Speaker (Hon. Kingi)

AND WHEREAS, on Tuesday, 12th March, 2024, the Senate considered the Affordable Housing Bill (National Assembly Bill No.75 of 2023), and passed it with amendments and referred back to the National Assembly for concurrence; AND FURTHER, whereas the National Assembly having considered the amendments, concurred with the Senate on Thursday 14th March, 2024; NOW THEREFORE, having concluded the bicame…

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Sen. Cheruiyot

Mr. Speaker, Sir, rather than a point of order, it is to seek your direction on a matter that if not arrested, will soon lead us into a stalemate between us and our colleagues in the National Assembly. Occasionally when I am not in the Chamber, I follow proceedings of what happens in the National Assembly, especially when they are debating Bills that have emanated from the Senate. If I am not wro…

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Sen. Cheruiyot

and it is a matter which I invite you to have a conversation with your counterpart, the Speaker of the ‘Lower House’. I thank you.

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The Speaker (Hon. Kingi)

Thank you, Senate Majority Leader. Indeed, your concerns are valid and I will take it up with my counterpart in the National Assembly. However, if you listen to my earlier communication on co-sponsorship, co- sponsorship is one of the ways that we can employ to avoid scenarios such as this. Since one, in as much as the Bill is considered extremely important by the Senate, the National Assembly ma…

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Sen. Ali Roba

Mr. Speaker, Sir, this is a petition regarding regulation of credit profession that was submitted by CCP Mokaya Magembi Bernard. It is the right of every Kenyan citizen to petition public authorities and Parliament as offered in the Constitution under Articles 37 and 119. Further to the Petition to Parliament, Procedure Act No.22 of 2012 makes provision for the procedure for the exercise of the r…

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Sen. Ali Roba

Mr. Speaker, Sir, proper credit management influences financial inclusion and encourages ecosystem within which access to credit is improved. However, it is immediately apparent that whereas the primary role of credit management is to maximize profit, this cannot be achieved at the expense of the well-being of borrowers. In the quest for ensuring profitability, some lenders have shown, over the y…

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The Speaker (Hon. Kingi)

Next Order, Clerk.

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The Speaker (Hon. Kingi)

Proceed, Senate Majority Leader.

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Sen. Cheruiyot

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Tuesday, 19th March, 2024-

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Sen. Cheruiyot

Report of the Auditor-General on Financial Statements of Municipality of Homa Bay for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Nakuru County Emergency Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Nakuru County Bursary Fund for the year ended 30th June, 2023. Report of the Auditor-General on Fina…

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The Speaker (Hon. Kingi)

Sen. Faki, you are supposed to lay a Paper on behalf of Sen. Ali Roba.

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Sen. Faki

Thank you, Mr. Speaker. Sir. I beg to lay the following Paper on the Table of the Senate today, 19th March, 2024- Report on Inaugural High-Level Joint Session of the Council of Governors (CoG) and the Senate held from 15th -18th June, 2023 in Naivasha, Nakuru County.

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The Speaker (Hon. Kingi)

Sen. Faki on behalf of Sen. M. Kajwang’.

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Sen. Faki

Thank you, Mr. Speaker. Sir. I beg to lay the following Paper on the Table of the Senate, today, 19th March, 2024- The County Government's Additional Allocations Cash Disbursement Schedule for the Financial Year 2023/2024. Thank you.

[(Sen. Faki laid the documents on the Table)]

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The Speaker (Hon. Kingi)

Sen. M. Kajwang’ or any Member of that Committee to proceed to lay the Paper.

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Sen. Cherarkey

Thank you, Mr. Speaker, Sir. On behalf of Sen. M. Kajwang’, I beg to lay the following Paper on the Table of the Senate, today, 19th March, 2024. Report of the proceedings and resolution of the inaugural biennial Devolution Conference held from 15th to 19th August 2323, in Eldoret, Uasin Gishu County.

[(Sen. Cherarkey laid the document on the Table)]

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The Speaker (Hon. Kingi)

Next Order, Clerk.

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Sen. Faki

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

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Sen. Faki

THAT AWARE THAT Part 2 of the Fourth Schedule to the Constitution of Kenya obligates County Governments with the responsibility to develop, establish, manage, and maintain sports and cultural facilities which includes stadiums, sports arenas, cultural centres, and other related infrastructure; NOTING THAT the entire Coastal Region of the country lacks a modern stadium built to international stand…

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The Speaker (Hon. Kingi)

Next Order, Clerk.

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Sen. Lemaletian

Thank you, Mr. Speaker, Sir. I rise to make a Statement on the issue of a general topical concern on the efforts made to address the pressing issue of waste management through the development and implementation of a vibrant circular economy. Mr. Speaker, Sir, Kenya generates over 8 million metric tonnes of waste annually. This calls for adaption of innovative approaches to transform waste into va…

[(Sen. Dullo and Sen. Abdul Haji consulted loudly)]

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Sen. Lemaletian

Mr. Speaker, Sir, I am being distracted by my two colleagues.

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The Speaker (Hon. Kingi)

Order, Sen. Abdul Haji and Sen. Dullo. May the Senator be heard in silence! No funny gestures. Allow the Senator to make her Statement. Proceed, Senator.

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Sen. Lemaletian

Mr. Speaker Sir, the benefits of a circular economy cannot be gainsaid as it cuts on waste and reduces carbon emissions. Products are kept in use for as long as possible through sharing, leasing, reusing, repairing, refurbishing and recycling. As we embark on this transformative journey, it is crucial to ensure that these benefits are equitably distributed across all segments in the society. This…

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Order, hon. Senators. The Senate Majority leader.

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Sen. Lemaletian

Mr. Speaker Sir, Empowering communities to take ownership of waste management initiatives will also foster local economic development and environmental stewardship. In addition, it is also important to diversify the typologies of industrial production plans that will utilize the raw materials generated from our waste management efforts, incorporating a range of industries specialized in recycling…

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Sen. Lomenen

Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of inter-county concern, namely, the urgent need to improve water transportation in Lake Turkana, to enhance trade and connectivity. I bring to your attention the pressing issue of challenging water transportation in Lake Turkana, which has significantly impeded trade between the Turkana and other commun…

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The Speaker (Hon. Kingi)

Sen. Abdul Haji and Sen. Hezena, you can make use of the Lounge to extend your conversation. Otherwise, when you are here, you have to allow the Senator to read his Statement in silence.

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Sen. Lomenen

Thank you, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

Statements pursuant to Standing Order No.53 (1) . Sen. Cherarkey.

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Sen. Cherarkey

Thank you, Mr. Speaker, Sir, for the indulgence. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the distribution of subsidised fertiliser to farmers across the country. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Lomenen.

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Sen. Lomenen

Thank you, Mr. Speaker, Sir. My Statement is on the land acquisition process occasioned by the Lamu Port South Sudan Ethiopia Transport (LAPSSET) project in Turkana County. 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, on the land acquisition process occasioned by the LAPSSET corridor proje…

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The Speaker (Hon. Kingi)

Proceed, Senator.

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Sen. Lomenen

Mr. Speaker, Sir, this Statement is on the operationalisation of the Rural Electrification and Renewal Energy Corporation (REREC) projects in Turkana County. Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy on operationalisation of REREC projects in Turkana County. In this Statement, the Committee should-

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The Speaker (Hon. Kingi)

Statement by Sen. Kathuri Murungi is deferred pursuant to his own request.

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Sen. Wafula

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 outcome of the assessment by the African population and Health Research Center on the policy and institutional constraints to the availability and supply of medical oxygen in Kenya. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Proceed, Sen. Orwoba.

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Sen. Orwoba

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health concerning inadequate bed capacity at Mbagathi County Referral and Mama Lucy Hospitals. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Proceed, Sen. Chimera.

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Sen. Chimera

Thank you, 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 impending shutdown of the mining company, that is, Titanium Limited in Kwale County. In the Statement, the Committee should-

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Sen. Olekina

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 budget formulation, execution and utilization in the county governments of Kiambu, Busia, Mandera, Mombasa, Nairobi, Tana River, Wajir, Machakos, and Narok counties for the Financial Year (FY) 2022/2023. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Next is Sen. Mandago.

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Sen. Mandago

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 production of new generation number plates at the Kenya Prisons Industries. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Clerk, let us go to the next Order.

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Sen. Cheruiyot

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

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The Speaker (Hon. Kingi)

What is your intervention, Senate Majority Leader?

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Sen. Cheruiyot

Mr. Speaker, Sir---

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The Speaker (Hon. Kingi)

Senate Majority Leader, kindly take your seat. I had skipped one Statement. Allow Sen. Fatuma Dullo to request a Statement. Thereafter, you will seek your intervention.

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Sen. Dullo

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 emergency relief funds in Isiolo County. In the Statement, the committee should-

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The Speaker (Hon. Kingi)

Senate Majority Leader, what is your intervention?

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Members, it is now 6.30 p.m. time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow Wednesday, 20th March, 2024 at 9.30 a.m. Sen. Eddy, when we resume tomorrow, you will still have 12 minutes of your time to contribute to the Motion. The Senate rose at 6.30 p.m.