Senate · Afternoon Sitting

Clerk, do we have quorum?

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

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

[(The Quorum Bell was rung)]

I am informed that we now have quorum. Clerk, proceed to call the first Order.

Mr. Speaker, Sir, on behalf of my leader of delegation, Sen. Mungatana, MGH, I beg to lay the following Paper on the Table of the Senate, today, 1stAugust, 2023. Report of the Second Ordinary Session of the 6th Pan-African Parliament (PAP) held in Midrand, South Africa, from 15th May, 2023 to 2nd June, 2023.

Next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motion - THAT, the Senate adopts the Report of the Second Ordinary Session of the 6th Pan-African Parliament (PAP) held in Midrand, South Africa, from 15th May to 2nd June, 2023, laid on the Table of the Senate, today, Tuesday, 1st August, 2023.

Next Order.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the status of the rollout of the Universal Health Coverage (UHC) in the country. In the Statement, the Committee should-

Next is Sen. Faki.

Bw. Spika, nasimama kwa mujibu wa Kanuni ya Kudumu No. 53 (1) , kuomba Taarifa kutoka kwa Kamati ya Kudumu ya Barabara, Uchukuzi na Makao kuhusu kuzorota kwa miundombinu na huduma katika Jengo la Bima Towers katika Kaunti ya Mombasa. Katika Taarifa hiyo, kamati inafaa kuchunguza na kuripoti katika Seneti-

Next is Sen. Mwaruma. Since he is not here, that Statement is dropped.

the next Statement is by Sen. Chute. Since he is not here, that Statement is dropped.

The next one is the Statement by the Senator for Kisumu, Sen. (Prof.) Tom Odhiambo Ojienda, SC. That Statement is dropped because he is not here.

In fact, Sen. (Prof.) Tom Odhiambo Ojienda, SC, had three Statements. Those Statements are dropped.

The next Statement is by Sen. Ogola. That Statement is also dropped because she is not here.

Let us move to Statements pursuant to Standing Order No.56 (1) (b) . We will begin with the Chairperson of the Standing Committee on Information, Communication and Technology (ICT) .

Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) to make a Statement relating to the activities of the Standing Committee on Information, Communication and Technology for the period commencing 31st March, 2023 to date. The Senate Standing Committee on Information, Communication and Technology is established under Standing Order No.228 (3) of the Senate Standing Orders and is

mandated to consider all matters relating to technology, engineering, electronic research, information broadcasting, information communications and technology development. During the period under review, the Committee held a total of 17 sittings, during which it considered one legislative proposal, two Bills, six Statements and one inquiry. Regarding legislative proposals, during the period, the…

The Committee is pursuing responses on the following Statements -

Okay The Chairperson Senate Standing Committee on Land, Environmental and Natural Resources, Sen. Methu, you may proceed.

Thank you very much, Mr. Speaker, Sir. This is a Statement relating to the activities of the Senate Standing Committee on Land Environment and Natural Resources for the period between 1st April, 2023 to 30th July, 2023. During the period under review, the Committee held a total of 12 sittings during which they considered one legislative proposal; six Petitions; 28 Statements, and two Messages. T…

Mr. Speaker, Sir, on the legislative proposal, during the period under review, the Committee considered one legislative proposal; the Real Estate Regulation and Development Bill, 2023, sponsored by Sen. Chesang’, which was committed to the Committee on 18th of April, 2023. Pursuant to Standing Order No.131(1) and Standing Order No.130, the Committee considered the legislative proposal on 27th Apr…

The Committee is considering the possibility of conducting a site visit to the land in question and conduct a report writing session thereafter. The third Petition is on illegal demolition of houses by the Kenya Power and Lightening Company in Chokaa, Mihangó area, which was committed on the 31st of May

admitted written submissions and shared the responses with the respective Senators who sought the Statements. Mr. Speaker Sir, the Statements where submissions have been shared with the respective Senators and have been considered concluded are –

The Chairperson, Standing Committee on National Cohesion, Equal Opportunity and Regional Integration, proceed.

Thank you, Mr. Speaker, Sir. I have a Statement in relation to the activities of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration, pursuant to Standing Order No. (56) (1) (b) for the period from 1st April,2023 to 30th June 2023. During the period under review, the Committee held a total of 22 sittings, considered the East African Legislative Assembly (EALA) …

Hon. Senators, before I allow the next Chairperson to make his Statement, I have the following communication to make.

Thank you, Mr. Speaker, Sir, for this opportunity to welcome our good friends, neighbours, brothers, sisters and my colleague teachers from Busia County. They have made it a priority to visit the ‘Upper House’ which is the Senate where our good friend, Sen. Okiya Omtatah, self-proclaimed defender of the poor to see and listen by themselves on what happens in the House. I assure them that in the S…

The Chairperson Committee on National Security, Defence and Foreign Relations, please, proceed.

[(Resumption of debate on Statements)]

Serjeant-at-Arms, kindly proceed to ring the Division Bell for five minutes. Serjeant-at-Arms, kindly proceed to draw the Bar and close the doors. Hon. Senators, kindly take your seats.

[(The Division Bell was rung)]

Serjeant-at-Arms, could you close the doors? I can see a lot of activities at the door.

Hon. Senators, I will proceed to put the question, which is that the Konza Technopolis Bill (Senate Bills No.2 of 2023) be now read a Second Time. We are going to vote electronically, one Bill after the other, then I will read the results after we have voted on the three Bills. We will start with the Konza Technopolis Bill, then the Persons with Disabilities Bill and, finally, the County Licensin…

[(Sen. Madzayo walked into the Chamber)]

[(Sen. Madzayo sat at his place)]

[(Voting in progress)]

(The Clerk-at-the-Table consulted with the Speaker) Sen. Wafula, kindly approach the Clerks-at-the-Table so that you may be assisted to vote. (Sen. Wafula approached the Clerks-at-the-Table) (Several Senators approached the Clerks-at-the-Table) The Senator that I called to approach the Clerks-at-the-Table was Sen. Wafula only. Allow the Clerks to do their work. Let us go to the next Order. Secon…

Hon. Senators, I will put the question, which is that the Persons with Disabilities Bill (Senate Bills No.7 of 2023) be now read a Second Time. Again, voting is electronically. You may proceed and vote “Yes”, “No”, or “Abstain”. Voting starts now.

[(Voting in progress)]

Clerk, proceed to call the next Order. Second Reading

(Question, that the Konza Technopolis Bill (Senate Bills No.7 of 2023) be now read a Second Time, put and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Cheptumo, Baringo County; Sen. Chute, Marsabit County; Sen. Faki, Mombasa County; Sen. Kathuri, Meru County; Sen. Kinyua, Laikipia County; Sen.…

Hon. Senators, the results of the Division are as follows:

AYES: Sen. Abass, Wajir County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Cheptumo, Baringo County; Sen. Chute, Marsabit County; Sen. Faki, Mombasa County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. M. Kajwang’, Homa Bay County; Sen. Ma…

Hon. Senators, the results for the Division of the Persons with Disabilities (Senate Bills No.7 of 2023) are as follows:

AYES: Sen. Abass, Wajir County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Cheptumo, Baringo County; Sen. Chute, Marsabit County; Sen. Faki, Mombasa County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. M. Kajwang’, Homa Bay County; Sen. Ma…

The Division vote on the County Licensing (Uniform Procedure) Bill (Senate Bills No. 9 of 2022) results are as follows:

Serjeant-at-Arms, you may withdraw the Bars and open the doors. Next Order.

[(The Bars were drawn and doors opened)]

The Temporary Chairperson (Sen. Wakili Sigei): Hon. Senators, we are going straight to Division. Please, do not leave the Chamber. Hon. Senators, we had canvased the amendments to the Bill. So, we are going straight to the Division. That is why we are requesting that you do not leave the Chamber. Order, Hon. Senators. Let us have our seats. Hon. Senators, we have three Divisions.

Hon. Senators, we are going straight to Division. Please, do not leave the Chamber.Hon. Senators, we had canvased the amendments to the Bill. So, we are going straight to the Division. That is why we are requesting that you do not leave the Chamber.Order, Hon. Senators. Let us have our seats. Hon. Senators, we have three Divisions.

Kakamega County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. M. Kajwang’, Homa Bay County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. O…

Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Kitui County; Sen. Wambua, Kitui County; and Sen. Wafula, Bungoma County.

Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Kitui County; Sen. Wambua, Kitui County; and, Sen. Wafula, Bungoma County.

Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Natural Resources Benefit Sharing Bill (Senate Bills No.6 of 2022) and its approval thereof with amendments. I thank you.

Mr. Temporary Chairperson Sir, I beg to move that the Committee do report to the Senate its consideration of the Employment Amendment Bill (Senate Bills No.11 of 2022) and its approval thereof without amendments. The Temporary Chairperson : Serjeant-at-Arms, you may now draw the Bars and open the Doors.

[(Question proposed)]

[(Question put and agreed to)]

[(Sen. Wakili Sigei)]

[(The Bars were drawn and the Doors opened)]

[(The House resumed)]

[[The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

Hon. Members kindly let us resume our seats.

Hon. Members as we report on this one; we have one last Third Reading we are going to vote on. Kindly do not leave the Chambers.

[[The Temporary Speaker (Sen. Wakili Sigei) left the Chair] [The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

Chairperson proceed.

Thank you, Mr. Temporary Speaker, Sir. I beg to report that the Committee of the Whole has considered the Natural Resources and Benefit Sharing Bill (Senate Bills No. 6 of 2022) and its approval thereof with amendments.

[[The Temporary Speaker (Sen. Wakili Sigei) left the Chair] [The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

Chairperson proceed.

I second.

[(Question proposed)]

[(Question put and agreed to)]

I now call upon the Mover, Sen. Mungatana.

Mr. Temporary Speaker, Sir, I beg to move that the Natural Resources and Benefit Sharing Bill (Senate Bills No. 6 of 2022) , be now read a Third Time. I call upon the Hon. Sen. Okenyuri to second.

Mr. Temporary Speaker, Sir, I second.

We shall go to Division later.

Mr. Temporary Speaker, Sir, I beg to move that the Natural Resources and Benefit Sharing Bill (Senate Bills No. 6 of 2022) , be now read a Third Time. I call upon the Hon. Sen. Okenyuri to second.

Thank you, Mr. Temporary Speaker, Sir. I beg to report that the Committee of the Whole has considered the Cotton Industry Development Bill (Senate Bills No. 5 of 2023) and its approval thereof with amendments.

I now call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

I now call upon the Mover.

Mr. Temporary Speaker, Sir, I beg to move that the the Cotton Industry Development Bill (Senate Bills No. 5 of 2023) be now read a Third Time and I ask Sen. Sifuna to second.

Mr. Temporary Speaker, Sir, I second. Division will be at the end.

I now call upon the Mover.

Mr. Temporary Speaker, Sir, I beg to move that the the Cotton Industry Development Bill (Senate Bills No. 5 of 2023) be now read a Third Time and I ask Sen. Sifuna to second.

Mr. Temporary Speaker, Sir, I second. Division will be at the end.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Sen. Sifuna to second.

Thank you, Mr. Temporary Speaker, Sir. I second.

[(Question proposed)]

[(Question put and agreed to)]

I now call upon the Mover.

Mr. Temporary Speaker, Sir, I beg to move that the Employment (Amendment) Bill (Senate Bills No. 11 of 2022) be now read a Third Time. I request Sen. Wambua to second.

Thank you, Mr. Temporary Speaker, Sir. I second.

[(Question proposed)]

[(Question put and agreed to)]

I now call upon the Mover.

Mr. Temporary Speaker, Sir, I beg to move that the Employment (Amendment) Bill (Senate Bills No. 11 of 2022) be now read a Third Time. I request Sen. Wambua to second.

Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

Let the Division Bell be rung for five minutes. Ring the Bell for another five minutes please. Please stop the Bell. Serjeant-at-Arms, please close the Doors and draw the Bar. Hon. Senators, I will now put the Question, which is that the Natural Resources (Benefit Sharing) Bill (Senate Bills No.6 of 2022) be now read a Third Time. You can start voting.

[(The Division Bell was rung)]

[(The Division Bell was rung)]

[(The Doors were closed and the Bars drawn)]

Hon. Senators, I ask that you logout. I direct the Serjeant-at-Arms, to pull out all cards remaining in the delegate units.

Hon. Senators, the results of the Division are as follows –

Hon. Senators, I ask that you logout. I direct the Serjeant-at-Arms, to pull out all cards remaining in the delegate units.

Hon. Senators, the results of the Division are as follows-

Hon. Senators, the results of the Division are as follows-

Thank you, Mr. Temporary Speaker, Sir. I rise to second this Motion. The Chairman of the Ad Hoc Committee has explained to the House and justified why we are seeking this extension. Mr. Temporary Speaker, Sir, I am a Member of the Ad Hoc Committee. When this House resolved to establish the Committee, its intention was to help the country in coming up with recommendations that will help the nation…

Mr. Temporary Speaker, Sir, I beg to move the following Motion- THAT, AWARE that at the sitting of the Senate held on Thursday, 27th April 2023, the Senate, by resolution, established an Ad Hoc Committee to investigate the proliferation of religious organizations and the circumstances leading to the deaths of more than 95 people in Shakahola, Kilifi county; APPRECIATING that the mandate of the Se…

Thank you, Mr. Temporary Speaker, Sir. I rise to second this Motion. The Chairman of the Ad Hoc Committee has explained to the House and justified why we are seeking this extension. Mr. Temporary Speaker, Sir, I am a Member of the Ad Hoc Committee. When this House resolved to establish the Committee, its intention was to help the country in coming up with recommendations that will help the nation…

Mr. Temporary Speaker, Sir, I join my Chairperson in requesting the House to approve this extension, so that we finalise in the next three weeks after receiving more comments and visiting the new graves that have been discovered. We will then finally do our report. I believe that his House will be happy to have a report that is comprehensive and well informed, that will benefit this House and the …

Senators, you may proceed to contribute. Proceed, Sen. Cherarkey.

Mr. Temporary Speaker, Sir, from the outset, I support the extension of time for this Ad Hoc Committee because we are dealing with a very serious issue. The issue of religion is personal. Therefore, this is a procedural Motion that should not take a lot of time. The issue of Shakahola shocked not only the country, but also the world. We are meant to understand that exhumation is still ongoing. Mo…

In this country, you wake up in the morning, decide to start a religious organisation and by evening you are the religious leader with a title. People including politicians then start thronging your place. This is the only country where you can do that. You cannot do that in Rwanda. We must ensure that there is regulations, but at the same time, give an opportunity to religious organisations to do…

Thank you, Senator. Sen. Faki, you may have the Floor.

Bw. Spika wa Muda, ni swala ambalo linaibuka na pia ningependa Mwenyekiti, aliangalie swala hilo wakati tutakapo ongezewa muda kwa sababu ni tatizo ambalo litahujumu sheria zetu za kuhusu haki za kibinadamu. Nikimalizia, leo tukiwa katika chakula za mchana, tulikuwa na Seneta wa Kaunti ya Bungoma. Yeye pia alinieleza kwamba majuzi, kuna watu kama hao wamepatikana Nakuru. Walikuwa wanaelekea sehem…

Vile vile, kazi ya kutafuta Deoxyribonucleic Acid (DNA) pia ina changamoto kwa sababu hatuna vifaa vya kupima DNA hapa. Mpaka, ziwasilishwe Afrika Kusini ambako pia inachukuwa muda kuweza kuwatambua wale waliofariki na jamaa zao tofauti tofauti. Wengi ambao walienda kule Shakahola walibadili majina yao. Kama unaitwa Mohamed Faki, kule unajiita jina lingine ambalo hata kama umeweza kupatikana, jina…

Bw. Spika wa Muda, ni swala ambalo linaibuka na pia ningependa Mwenyekiti, aliangalie swala hilo wakati tutakapo ongezewa muda kwa sababu ni tatizo ambalo litahujumu sheria zetu za kuhusu haki za kibinadamu. Nikimalizia, leo tukiwa katika chakula za mchana, tulikuwa na Seneta wa Kaunti ya Bungoma. Yeye pia alinieleza kwamba majuzi, kuna watu kama hao wamepatikana Nakuru. Walikuwa wanaelekea sehem…

Asante, Seneta. Sen. Thang’wa, you may have the Floor.

Thank you, Mr. Temporary Speaker, Sir. I stand to support this Motion that is seeking an extension of the mandate of the Ad Hoc Committee that is investigating matters of Shakahola. When this Committee was formed, we were talking about 95 people found dead by then. As we speak today, those who are reported to have been discovered dead are 425, with of course 613 missing and 91 rescued. That is to…

I believe this Committee is doing a great job and has been talking to people on the issues of Shakahola and religion regulation, and whether or not it is required. I also suggest that they visit Rwanda where churches are regulated, so that they see the advantages and disadvantages of that. Someone was telling me the other day that sometimes, you may find someone who is not saved today, but tomorr…

Thank you, Senator. I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I sincerely thank my colleagues. I start with Sen. Cheptumo who seconded this Motion. I also thank Sen. Cherarkey, Sen. Faki and Sen. Thang’wa because they gave valuable suggestions on how we should proceed. I thank every one of them apart from the one who seconded because they also supported this Motion. There is good reason for us to have more time, so that we can gi…

Thank you, Mr. Temporary Speaker, Sir.

Hon. Senators, I determine that this matter does not affect counties. Next Order.

[(Question put and agreed to)]

Chairperson, Committee on Finance and Budget.

Thank you, Mr. Temporary Speaker, Sir. I beg to move the following Motion - THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the County Governments (Equitable Share) Cash Disbursement Schedule for Financial year 2023/2024, laid on the Table of the Senate on Thursday, 27th July, 2023, and that pursuant to Section 17

What is your point of order, Sen. Kibwana?

Mr. Temporary Speaker, Sir, I rise under Standing Order No.41 on lack of quorum. If I may read it:- “If at one time in the course of the proceedings of the Senate, a Senator objects that there is no---”

Hon. Senator, it is okay. You do not have to read it. Clerk, confirm if we have a quorum. Ring the Bell for 10 minutes.

[(The Quorum Bell was rung)]

Sen. Tabitha Mutinda, you will have a balance of three minutes when we resume.