Senate · Afternoon Sitting

Tuesday, 21 February 2023

Session Summary

Senators debated a motion to release a Kshs163 million conditional grant for county headquarters, agricultural inputs and school infrastructure, urging timely and prudent spending. Speakers highlighted delays in Treasury disbursements, food insecurity, drought relief needs, and tensions between county assemblies and governors, while also criticizing political rallies that divert attention from urgent service delivery. Senators voiced frustration over perceived delays and poor communication regarding Standing Orders and the Political Parties Dispute Tribunal, accusing the process of needlessly inflaming the House. They also debated inter‑house dynamics, noting that the Senate feels sidelined by the National Assembly, and discussed party realignments, particularly Jubilee’s shift toward Kenya Kwanza. Procedural issues such as pending court orders and committee papers were also raised. Senators voiced frustration over limited speaking opportunities and accused the Deputy Speaker of breaching Standing Orders, sparking a heated procedural debate. The discussion centered on the definition and role of party whips, the authority of the Senate Business Committee, and the correct application of Standing Orders. While the Deputy Speaker defended the procedures and urged progress, several members continued to challenge the chair’s actions.

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, I want the Clerk to ascertain whether we have quorum. Let us proceed. The Senate Minority Leader (Sen. Madzayo) : On a point of order, Mr. Deputy Speaker, Sir.

[(The Clerk-at-the-Table ascertained that there was quorum)]

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Sen. Madzayo) :

Yes, what is out of order? The Senate Minority Leader (Sen. Madzayo) : Mr. Deputy Speaker, Sir, last week, we communicated to your Office with regard to changes made in the Leadership of the Minority side. From last week up to today, this Communication has been lying in your Office.

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The Deputy Speaker (Sen. Kathuri)

Yes, what is out of order? The Senate Minority Leader (

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Sen. Madzayo) :

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Sen. Madzayo) :

What do you expect me to do when we get to Order No.2? Is it to sit or stand, so that I can give any communication?

[(Sen. (Dr.) Khalwale) spoke off record)]

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The Deputy Speaker (Sen. Kathuri)

You are out of order, Senate Minority Leader. The Senate Minority Leader (

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Sen. Madzayo) :

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Sen. Madzayo) :

Senate Minority Leader, can you, please, have your seat? I am on Order No.2. You should expect any Communication from the Chair. You did not follow the sequence. The Senate Minority Leader (Sen. Madzayo) : Mr. Deputy Speaker, Sir, that is fine. Maybe I did not hear you properly. However, Sen. (Dr.) Khalwale should behave himself.

[(Loud consultations)]

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Sen. Madzayo) :

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Sen. Madzayo) :

Can the Senators kindly have their seats? Hon. Senators, as you may recall, at the Sitting of the Senate held on Wednesday, 15th February, 2023, the Senate Minority Leader rose on a point of order seeking the directions of the Chair regarding a proposed change in the leadership of the Minority Party. The Senate Minority Leader asserted that he had communicated changes in the leadership of the Min…

[(Several Senators walked into the Chamber)]

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The Deputy Speaker (Sen. Kathuri)

What do you expect me to do when we get to Order No.2? Is it to sit or stand, so that I can give any communication?

[(Sen. (Dr.) Khalwale) spoke off record)]

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The Deputy Speaker (Sen. Kathuri)

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The Senate Minority Leader (Sen. Madzayo):

Hon. Senators, the Minority Leader will be heard in absolute silence.

[(Laughter)]

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Sen. Madzayo):

Mr. Deputy Speaker, Sir, do you hear these kinds of manners?

[(Applause)]

[(Applause)]

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The Deputy Speaker (Sen. Kathuri)

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Sen. Madzayo) :

Mr. Deputy Speaker, Sir, that is fine. Maybe I did not hear you properly. However, Sen. (Dr.) Khalwale should behave himself.

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

Mr. Deputy Speaker, Sir, we just want guidance on when the communication that is not covered by the court order will be made. That is all. We will go to the courts for the rest of the matters before the court. We have no problem.

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

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The Deputy Speaker (Sen. Kathuri)

No. today, I might lose on you again. spoke off record)

[(The Senate Minority Leader (Sen. Madzayo)]

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The Deputy Speaker (Sen. Kathuri)

No. You know I have been so lenient the whole of the afternoon and now you are taking me back again to the same thing we have concluded. spoke off record) So, who is the owner of the Court order? I did not draft the Court order. The same Court can clear him. You argue those issues in Court. spoke off record) So who is making that judgment? Those are the issues you should do on Monday the 28th. …

[(The Senate Minority Leader (Sen. Madzayo)]

[(The Senate Minority Leader (Sen. Madzayo)]

[(Sen. Sifuna spoke off record)]

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Sen. Wamatinga

Let us have all the Statements read. Keep your comments. We have two Statements from the Senator for Kisumu County, Sen. (Prof.) Tom Ojienda SC.

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Sen. Wamatinga

Thank you, Mr. Deputy Speaker, Sir. I have two Statements this afternoon. The first Statement is on disaster preparedness in Kisumu County. Mr. Speaker Deputy Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security Defense and Foreign Relations regarding disaster management preparedness in Kisumu County. In the Statement, the Committe…

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The Deputy Speaker (Sen. Kathuri)

Thank you. Next Order.

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The Deputy Speaker (Sen. Kathuri)

We have several Statements. We will start with Sen. Wamatinga. That is if you still have some energy or you can wait for the next one.

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Sen. Wamatinga

I thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Education regarding Form One intake in the country. In the Statement, the Committee should-

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, I rise Pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations on the acquisition and distribution of relief supplies by the County Government of Marsabit and neighbouring counties sourced by the Counties Development Fund. In the Statement, the Committee should-

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The Deputy Speaker (Sen. Kathuri)

We have two more Statements.

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

Let us have all the Statements read. Keep your comments. We have two Statements from the Senator for Kisumu County, Sen. (Prof.) Tom Ojienda SC.

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Sen. (Prof.) Tom Ojienda SC.

Thank you, Mr. Deputy Speaker, Sir. I have two Statements this afternoon. The first Statement is on disaster preparedness in Kisumu County. Mr. Speaker Deputy Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security Defense and Foreign Relations regarding disaster management preparedness in Kisumu County. In the Statement, the Committe…

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Sen. (Prof.) Tom Ojienda SC.

Mr. Deputy Speaker, Sir, my second Statement is on the invasion of the Ahero rice fields by quelea birds in Kisumu County. I rise Pursuant to Standing Order No.53 (1) to seek a Statement from the the Standing Committee on Agriculture, Livestock and Fisheries regarding the invasion of the Ahero rice fields by quelea birds in Kisumu County. In the Statement, the Committee should-

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The Deputy Speaker (Sen. Kathuri)

Yes, Mr. Deputy Speaker, Sir.

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Sen. Chute

Thank you, Mr. Deputy Speaker, I rise Pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations on the acquisition and distribution of relief supplies by the County Government of Marsabit and neighbouring counties sourced by the Counties Development Fund. In the Statement, the Committee should-

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The Deputy Speaker (Sen. Kathuri)

Thank you, Sen. Chute. We have two other Statements from Sen. Murango.

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Sen. (Dr.) Murango

Thank you, Mr. Deputy Speaker, Sir. I rise, pursuant to Standing Order No. 53 (1) to request for a Statement from the Standing Committee on Trade, Industrialization and Tourism on the ownership status and revival of Mwea Cotton Ginnery. In the Statement, the Committee should-

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The Deputy Speaker (Sen. Kathuri)

Thank you. Sen. Githuku, proceed.

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Sen. Githuku

Mr. Deputy Speaker, Sir, it is not Peninah but Peris Tobiko. In the New Testament, Jesus Christ looked at children and said they belonged to the Kingdom of God. We cannot claim to be Christians or believers in anything if we do not look after our children. It means we do not value what God values.

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The Deputy Speaker (Sen. Kathuri)

Sen. Tobiko, do you have a Statement?

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Sen. Tobiko

Yes, Mr. Deputy Speaker, Sir.

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The Deputy Speaker (Sen. Kathuri)

Proceed.

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Sen. Tobiko

Mr. Deputy Speaker, Sir, I rise, pursuant to Standing Order 52 (1) to make a Statement on an issue of general topical concern, namely: the unacceptable disciplinary measures meted against children by uncouth individuals. Mr. Deputy Speaker, Sir, children are a blessing who bring so much joy to their parents. The community and, indeed, the nation as a whole also consider them an important asset. F…

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The Deputy Speaker (Hon. Kathuri)

Kindly, let us go to the next Order.

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Sen. Okiya Omtatah

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

[(Applause)]

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The Deputy Speaker (Hon. Kathuri)

What is it, Sen. Peris Tobiko?

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Sen. Okiya Omtatah

Mr. Deputy Speaker, Sir, it is not Peninah but Peris Tobiko. In the New Testament, Jesus Christ looked at children and said they belonged to the Kingdom of God. We cannot claim to be Christians or believers in anything if we do not look after our children. It means we do not value what God values.

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Sen. Okiya Omtatah

Sen. (Dr.) Khalwale, I hear you. The Chairs have no obligation to report to the Floor of the House. However, it means that, for two months, your Statement has not been responded to by the relevant Ministry.

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The Deputy Speaker (Hon. Kathuri)

Thank you, Sen. Okiya Omtatah. We are limited by time. I want to give a chance to one more Senator. Sen. Cherarkey, you have done enough today. What you said earlier this afternoon is enough for the people of Nandi. Let us give Sen. Mutinda this chance. Proceed.

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Sen. Tabitha Mutinda

Thank you, Mr. Deputy Speaker. I rise to support the Statement from our colleague, Sen. Tobiko. As a leader and a parent, I agree that the joy of our children is something godly and one we are proud of. Through social media, we have seen what is happening to our younger generation and it is a sad.

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Sen. Tabitha Mutinda

Sen. Cheptumo, whom do you want to inform? He is no longer on the Floor.

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The Deputy Speaker (Sen. Kathuri)

Mr. Deputy Speaker, Sir, what Sen. (Dr.) Khalwale is raising is a concern. I thought it is good to just share that once a Member raises a question or a Statement, we take up the issues with the relevant ministry. When a written answer is obtained from the ministry, it is shared with the Member. If there are issues that are not sufficiently responded to in the Statement, then we still do a furthe…

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

What is it, Sen. (Dr.) Khalwale?

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Sen. (Dr.) Khalwale

Mr. Deputy Speaker, Sir, I request you because you have that power, when you look at a Statement and see that it has some urgency, give it some timeline. Tell the Chair to give the answer within a specific timeline, so that we can have some Statements answered or reported back to the House with immediate effect.

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The Deputy Speaker (Sen. Kathuri)

I am constrained with time. I give Sen. Orwoba one minute.

[[The Deputy Speaker (Sen. Kathuri) left the Chair]]

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The Deputy Speaker (Sen. Kathuri)

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Sen. Cheptumo

What is your point of order, Sen. Cherarkey?

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The Deputy Speaker (Sen. Kathuri)

Sen. Cheptumo, whom do you want to inform? He is no longer on the Floor.

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Sen. Cheptumo

Mr. Deputy Speaker, Sir, what Sen. (Dr.) Khalwale is raising is a concern. I thought it is good to just share that once a Member raises a question or a Statement, we take up the issues with the relevant ministry. When a written answer is obtained from the ministry, it is shared with the Member. If there are issues that are not sufficiently responded to in the Statement, then we still do a furthe…

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

Madam Temporary Speaker, I am winding up. The report must be tabled.

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Sen. Thang’wa

Mr. Deputy Speaker, Sir, I do not purport to speak on behalf of the other chairs because you are the Chair of Chairs. All I want to tell the Senator for Kakamega County who raised that issue, is that the President had seen this problem. That is why he proposed that we should be having CSs on the Floor of this House so that they answer questions with the speed that is required. Before pointing at…

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Sen. Thang’wa

On that issue of Statements, I hear your interjection. From the reading of Standing Order 53 (3) (b) , it is clear that a Statement may be prepared and tabled on that matter. It would be good practice that Chairpersons of Committees ensure that they conclude on Statements that are raised against the Committees and they are encourage to table them. Although the wording of the Standing Order is tha…

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The Deputy Speaker (Sen. Kathuri)

I am constrained with time. I give Sen. Orwoba one minute.

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Sen. Orwoba

Thank you, Mr. Deputy Speaker, Sir. I am glad Sen. (Dr.) Khalwale has raised this. It is an issue I have been dealing with personally. I am not a Chair. I was a Vice-Chair but I was de-whipped because of literally pushing for the efficiency of the business of a Committee. I personally brought several Statements to the Floor of the House concerning issues on Safaricom registration and protection o…

[[The Deputy Speaker (Sen. Kathuri) left the Chair]]

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The Temporary Speaker (Sen. Veronica Maina)

What is your point of order, Sen. Cherarkey?

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Sen. Cherarkey

Thank you, Madam Temporary Speaker. I note the change on the Chair. My congratulations, I can see you are wearing our party colors. Madam Temporary Speaker, when you look at the Secretariat, and I need guidance on this; Standing Order No.52 and 53 (3) (b) , the Speaker may allow comments in relation to the Statement in not more than 15 minutes. I am saying this being aware that we are past the St…

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The Temporary Speaker (Sen. Veronica Maina)

Please, wind up Sen. Cherarkey.

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Sen. Cherarkey

Madam Temporary Speaker, I am winding up. The report must be tabled.

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Sen. Cherarkey

As a friend of the Committee, I do not have powers to sign the report or vote on the report because I am not a Member of the Committee. So, where do I get my recourse? I get my recourse on the Floor of the House among other colleagues. I thank you.

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The Temporary Speaker (Sen. Veronica Maina)

On that issue of Statements, I hear your interjection. From the reading of Standing Order 53 (3) (b) , it is clear that a Statement may be prepared and tabled on that matter. It would be good practice that Chairpersons of Committees ensure that they conclude on Statements that are raised against the Committees and they are encourage to table them. Although the wording of the Standing Order is tha…

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The Temporary Speaker (Sen. Veronica Maina)

What is your point of order?

[(Interruption of Debate on Motion)]

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The Temporary Speaker

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Sen. Veronica Maina) :

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Sen. Veronica Maina) :

Apologies for that. Hon. Senators, it is now 6.30. p.m., time to adjourn the House. The Senate therefore stands adjourned until tomorrow Wednesday, 22nd February, 2023 at 2.30. p.m. The Senate rose at 6.31. p.m.