Senate · Afternoon Sitting

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

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

[(The Quorum Bell was rung)]

Hon. Senators, kindly take your seats. I am informed that we do have a quorum now. Serjeant-at-Arms, you may stop the Bell. Clerk, proceed to call the first Order, please.

Hon. Senators, I have the following Communication to make. First, I take this opportunity to welcome you back from recess in accordance with the Calendar of the Senate for the regular sittings. Part V begins today, Tuesday, 19th September, 2023 and will conclude at the rise of the Senate on the 19th October,

Hon. Senators, I have received four Messages from the National Assembly and will proceed to read them over to you. I wish to report to the Senate that pursuant to Standing Order 46 (3) and (4) , I received the following Message from the Speaker of the National Assembly regarding the approval of a nominee for appointment as the Chairperson of the Board of Central Bank of Kenya. The Message, dated…

Whereas The Water Amendment Bill (National Assembly Bill No.33 of 2023) was passed by the National Assembly on Wednesday 23rd August, 2023 with amendments and in the form attached herewith; Now, therefore, in accordance with the provisions of Article 110 of the Constitution and Standing Orders No.41 (1) and 142 of the National Assembly Standing Orders, I hereby convey the said decision of the Nat…

Ni jambo nzuri kwamba wamekuja hapa kuona vile tunavyofanya kazi na pia kujijulisha mambo fulani fulani ambayo wanaona tofauti kati ya sisi na wao katika Bunge lao. Tumeona mambo mengi yamefanana. Hata hivyo, kusema ukweli ni kwamba hawa wabunge wa Bunge la Uganda wametushindia kitu kimoja. Kiranja wao akiandika barua ya kwamba katika kamati hii nimetoa huyu na kuweka yule, Spika huwa hana njia y…

Sen. Madzayo, kindly welcome the delegation.

[(Laughter)]

Thank you, Mr. Speaker. I join you together with the rest of our colleagues in welcoming the visiting delegation from the Parliament of Uganda; our good friends and neighbours. Kenya continues to have a great relationship with our neighbour Uganda. The friendship is founded on great sacrifices from both countries ensuring that our people live in harmony. On many occasions where there have been di…

Sen. Omogeni, you may proceed. You have under one minute.

Mr. Speaker, Sir, I want to join you in welcoming the delegation of the seven hon. Members who are benchmarking, from our neighbour, the Republic of Uganda. I want to report to the House that under the Chairmanship of our Chairperson for the Senate Standing Committee on Labour and Social Protection, we had a fruitful engagement with the delegation from Uganda. Let us pride ourselves as Kenyans. …

[(Laughter)]

Hon. Members, I have this Communication to make.

Thank you Mr. Speaker, Sir, for the opportunity to welcome the delegation from Kisumu dala. It is a great honour for us, as the Senate, that we have a delegation from Kisumu choosing to come to the Senate instead of going to the other House. This is a great House; a place to benchmark and where there is great debate. I hope that during their stay here, they will have an opportunity to learn what …

Sen. Faki, you have under one minute, and thereafter Sen. Mumma.

Thank you, Mr. Chairman, Sir. I also join you in welcoming the Delegated Legislation Committee of the Kisumu County Assembly. This is a very important committee. I think many jurisdictions have not appreciated this committee. The

work that this committee does is a lot and tomorrow when we meet with our Committee, we will appreciate what we do in this Committee. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to welcome the team from Kisumu. Kisumu City is the cleanest City in East and Central Africa region. I am sure that team has come to learn from our good team on delegated legislation. We look forward to you going back and adding to the work of the County Assembly; improving your oversight and other functions that will contribute to Kisumu C…

Proceed, Sen. Onyonka, in under one minute.

Bw. Spika, ningependa kusema asante sana kwa kunipa fursa hii ili nizungumze na kuwakaribisha ndugu zetu ambao wametoka Kaunti ya Kisumu. Leo asubuhi tumekuwa nao kule kwa Kamati ya County Public Accounts Committee (CPAC) na ningependa kuwaambia ndugu na dada zangu ambao wako hapa kuwa hili ni jumba la heshima. Mkirudi Kisumu muwaambie wananchi wetu kuwa tunashirikiana vilivyo. Kazi yetu ni kuhak…

Next Order, Clerk.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 19th September, 2023 – Report of the Auditor General on the financial statements of the Kiambu County Government Revenue Fund for the year ended 30th June, 2022.

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

Next Order. The Chairperson Standing Committee on Finance and Budget, Sen. Ali Roba, welcome back.

[(Applause)]

Thank you, Mr. Speaker, Sir, for welcoming me back as I extend the same to the entire Senate.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 19th September, 2023 – Joint Report of the Departmental Committee on Finance and National Planning of the National Assembly and the Standing Committee of the Finance and Budget of the Senate on the approval hearing for Mr. Andrew Mukite Musangi, nominee for appointment to the position of Chairperson of the Board…

Next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the Joint Report of the Departmental Committee on Finance and National Planning of the National Assembly and the Standing Committee on Finance and Budget of the Senate, on the vetting of Mr. Andrew Mukite Musangi for appointment as the Chairperson of the Board of Directors of the Central Bank of Kenya, laid on …

Next Order.

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

The third Statement is by Sen. Tabitha Keroche. However, pursuant to a written request, that statement is dropped.

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

What is your point of order, Sen. Faki?

[(Interruption of Statements)]

Mr. Speaker, Sir, I rise pursuant to Standing Order No.37 of the Senate Standing Orders, to seek leave of the Senate to adjourn to discuss a definite matter of urgent national importance, namely, the Security Situation in Lamu County heightened by the recent attacks by suspected Al-Shabaab militants.

[(Several Members stood in their places)]

Hon. Senators, the Motion has attained the requisite number in support. Therefore, I will slate it for 5.30 p.m. today for discussion. Sen. Crystal Asige, that Statement is dropped.

[(Resumption of Statements)]

The fifth Statement is by the Nominated Senator, Sen. Mbugua. Kindly, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee of National Security, Defence and Foreign Relations on the preparedness of the Government of Kenya in mitigating the effects of the anticipated El Nino induced climate extremes between August and December, 2023. In the Statement, the Committee should-

Senator for Nairobi City County, Sen. Sifuna, just make the two Statements at once.

Most obliged, 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 a morbid and most unfortunate claim that corpses were hired from morgues during the anti-tax demonstrations of June and July,

Thank you. Next, Sen.Tabitha Mutinda.

Thank you, 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 regarding the state of digital skills literacy in Kenya. In the Statement, the Committee should-

Mr. Speaker, sir, I rise pursuant to the Standing Order No. 53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the loss and subsequent recovery of an AK 47 rifle in Ndhiwa Police Station, Ndhiwa Sub-County, Homa Bay County. In the Statement, the Committee should-

Next Order, Clerk.

Proceed, Senate Majority Leader.

Thank you, Mr. Speaker, Sir. I beg to move the following Motion-

THAT, pursuant to the provisions of Standing Order No.139, the Senate resolves to reduce the publication period of the following Bills that were published on 15th September, 2023, from 14 days to four days.

Hon. Senators, you will note that under Standing Order No.111 (4) each of you will have 20 minutes to make their contribution on this matter. You may, however, wish to invoke Standing Order No.111 (1) and limit debate. Nevertheless, this is up to you. This being a Procedural Motion, we may either limit debate or proceed straight to put the question.

Put the question!

[(Question put and agreed to)]

to be referred to the relevant Senate Committee) First Reading

Next Order. Sen. (Prof.) Kamar, kindly approach the Chair.

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

[(Sen. (Prof.) Kamar approached the chair)]

Hon. Senators, for the convenience of the House, I will proceed to rearrange the sequence of today’s Order Paper, pursuant to Standing

Order No.45 (2). We will proceed to prosecute Order No.19. Thereafter, we will proceed with the other Orders as sequenced in the Order Paper. Clerk, kindly proceed to call out that Order.

In a way, this is a group that has felt discriminated against, although there are constitutional provisions that give them the right. Therefore, the Bill draws its strength from Article 10(2) of the Constitution. It designates human dignity, equity, social justice inclusivity, equality, human rights, non-discrimination and the protection of the marginalised as national values and principles of gov…

hardly communicate to anybody. A deaf child is a very unique child because this is a child who is well in all ways except that they cannot communicate. That is why it is very important that in this Bill, the Cabinet Secretary for Education considers these very special children in a way that they be provided for at a very early stage. In fact, somewhere in the Bill, we have also mentioned that th…

This is very important so that whenever we have conferences, whether it is this Senate or KEWOSA or any other group and we need an interpreter, we just check the website of the Kenya Sign Language Interpreters and pick whoever we want from there. That way, we will have standardized and we would know who can do the work. Ideally, the Bill also stipulates that, individuals wishing to provide Kenya …

Some people have even lost land because they did not know it was a transaction that was going on as communications were happening even when they were sitting next to the person. So, we must provide a way of communication for them. Hence, the importance of the sign language Bill. This Bill places a strong emphasis on education support for deaf learners. The Bill can have provisions related to educ…

skill that they can learn within the same period when they will be learning other things and it will be very useful. Mr. Speaker, Sir, as I conclude, this country has signed and ratified international agreements and conventions that promote the rights and inclusions of People with Disabilities (PWD). Enacting sign language legislation can demonstrate a commitment to meeting these international ob…

Thank you, Mr. Speaker, Sir. I would like to congratulate Sen. (Prof.) Kamar for giving me this opportunity to second this very important Bill. This is a very important matter and it is not surprising that a medical expert is the one seconding it. Sometimes the House would help if we were seized of the seriousness of a Bill based on actual human experience. Mr. Speaker, Sir, this is not a light …

Some of the churches and I would not wish to name any would go on playing their drums, shouting and preaching late into the night and this causes pollution. With that, slowly by slowly people lose their hearing capacity. Is it lost on you Members that some of the very loud preachers --- I know my very brother Bishop is looking at me with very keen eyes. I am speaking technically not emotionally. …

Sen. (Dr.) Khalwale, would you wish to be informed by Sen. Kavindu Muthama?

Certainly, the gracious lady may inform me.

Kindly proceed.

Thank you, Mr. Speaker, Sir. I inform Sen. (Dr.) Khalwale that I am a preacher and that I do not preach loudly but moderately. Therefore, it is not true when he says that preachers preach loudly because they have lost their hearing. I know that because I am a preacher. This is a point of correction and I request he withdraws that and apologizes to preachers.

Sen. (Dr.) Khalwale, I understand that you are a medical doctor but is your statement based on your medical experience, that the more preachers speak loudly, the more their hearing is diminished? Are you saying this in your capacity as a medical doctor or is this just a statement that is not based on any scientific fact?

Thank you, Mr. Speaker, Sir. I apologize to my sister, Sen. Kavindu Muthama if in any way my statement was an affront to preachers. However, doctors will tell you that hearing is a manifestation of successful communication. That is why we are making a Bill today for deaf people in order to assist them communicate with people. In a public rally, the reason why one raises their voice is because med…

I urge the public to know that there are interventions we can make to reduce the number of people with deafness or diminished hearing capacity. You would make a huge contribution if you gave good maternal care to pregnant women and good neonatal care to newly born children. Most people who are on social media have access to modern telephony and have a good education are the minority community of o…

You may now proceed to make your contributions. Sen. Wambua.

I thank you, Mr. Speaker, Sir, for the opportunity to contribute to this Bill. As I do that, I join you and the Leadership of the Senate to welcome back our colleagues from recess and I hope that this Session shall be fruitful for the benefit of the people we represent in this House. I also take this opportunity to thank and congratulate Sen. (Prof.) Kamar and Sen. Crystal Asige for coming up wit…

Assembly becomes an Act of Parliament or law. That way, the public can have a say on how they are being governed and how the laws that govern them are being made. Mr. Speaker, Sir, for the most part, in a lot of instances when we are making laws, public participation has more or less become Public Relations (PR) and an act of ticking the boxes and ensuring that we have lived to the expectations o…

must also find a way of making it an obligation on the Minister for Education when they are doing capitation for schools, to ensure they factor the need to purchase special instructional materials to cater for the needs of our children with difficulties in hearing. Mr. Speaker, Sir, I fully support this Bill. As I conclude, the provisions of Clause 18 which I had made reference to--- In fact, wha…

Sen. Cherarkey, before you proceed, allow me to make this communication.

[(Interruption of debate on the Bill)]