Senate · Afternoon Sitting

Tuesday, 21 November 2023

Session Summary

The Senate session began with procedural matters before scheduling a discussion on the recent heavy rains and flooding. The main debate focused on a bill to curb cattle rustling and banditry, with senators highlighting the long‑standing impact on pastoralist communities and the failure of previous legislation. They urged swift legal action and better support for livestock‑dependent livelihoods. Senators debated a Bill aimed at curbing large‑scale livestock theft by introducing mandatory branding, clearer movement permits and stronger penalties for organized cartels, while distinguishing them from petty thieves. The discussion highlighted enforcement challenges, the socioeconomic impact on pastoralist and subsistence farming communities, and the need for amendments to address county‑specific branding and permit issues. Overall, the speakers expressed support for the legislation but voiced criticism of current enforcement and underlying unemployment‑driven crime. Senators debated a motion to declare cattle rustling a national disaster and examined the Prevention of Livestock and Produce Theft Bill, stressing the severe impact on pastoral families and the need for effective compensation and deterrence. Contributions focused on expanding the bill’s scope to cover livestock products, improving animal branding and registration, and assigning responsibility to county governments. Personal anecdotes highlighted the urgency while constructive suggestions aimed to strengthen the legislation.

T
The Speaker (Hon. Kingi)

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Serjeant-at-Arms, I am informed we now have quorum. Kindly stop the Bell and Clerk proceed to call the first Order.

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

T
The Speaker (Hon. Kingi)

Proceed, Sen. (Dr.) Khalwale.

S
Sen. (Dr.) Khalwale

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of this Senate, today, 21st November, 2023-

S
Sen. Mungatana, MGH

Thank you, Mr. Speaker, Sir, for this opportunity. I stand on a point of order pursuant to Standing Order No.37, that the Senate do now adjourn to discuss a definite matter of urgent national importance, namely; the prevailing heavy rains and subsequent flooding in many parts of the country.

[(Hon. Senators stood up in their places)]

T
The Speaker (Hon. Kingi)

Hon. Senators, I am satisfied that the requisite threshold has been met. Therefore, I direct that this matter be discussed at 5.30 p.m. Next Order.

S
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 National Cohesion, Equal Opportunity and Regional Integration regarding the adherence to the principles of meritocracy, transparency, fairness and equal opportunity in recruitments at the Competition Authority of Kenya (CAK) , particularly in the recruitment of the Director G…

T
The Speaker (Hon. Kingi)

Sen. Shakila Abdalla? She is not in the House. Therefore, her Statement is dropped.

T
The Speaker (Hon. Kingi)

This Bill is also up for Division. Noting that we do not have the numbers to carry out that Division, this Order will also be deferred. (Bill deferred) Next Order. Second Reading

S
Sen. Mungatana, MGH

Mr. Temporary Speaker, Sir, I thank you for giving me this opportunity to move this Motion which we gave notice of. Mr. Temporary Speaker, Sir, I beg to move that pursuant to Standing Order No.37, the Senate do now adjourn to discuss a definite matter of urgent national importance, namely, the prevailing heavy rain and subsequent flooding in many parts of the country. Lately, we have experienced…

S
Sen. Mungatana, MGH

governments that planned for these events in advance. I would like to single out my county where advanced planning was done, and because of that, many lives have been saved. The response has been good so far. Mr. Temporary Speaker, Sir, we experience normal flooding in Tana River County. Nobody complains about the flooding that comes from the river because that is part of the riverine ecosystem w…

S
Sen. Mungatana, MGH

loosely call the Marshall Program, for the North Eastern and coastal areas which have been affected badly by these floods. We are calling upon the national Government to put money into the rehabilitation of infrastructure; the roads and the schools. We are going to go behind like three, four or five years. Money should be made available by the national Government to allow for the rehabilitation o…

T
The Temporary Speaker (Sen. Abdul Haji)

Sen. Mungatana, you had 10 minutes to move the Motion. I think your time is up. Finalise in one minute and then call your seconder.

S
Sen. Mungatana, MGH

Mr. Temporary Speaker, Sir, it would be a shame for the national Government, four months from today, to come and say that there is drought in those areas. We are asking the national Government to make serious arrangements to create water catchment areas in those places, so that this water does not all get wasted. After this, a plan must come. The plan must not be around just River Tana and must h…

T
The Temporary Speaker (Sen. Abdul Haji)

Sen. Oketch Gicheru, please proceed. You have five minutes to second.

S
Sen. Oketch Gicheru

Mr. Temporary Speaker, Sir, I thank Sen. Mungatana for trusting me to share in his zeal for an intervention to what is now becoming a national crisis. In fact, I thought he would be bold enough to say this should be declared a national crisis. If you cast your eyes on any news on television and listen to any news on our radio stations, the country is in disarray with these serious rains. If you l…

S
Sen. Oketch Gicheru

readiness and preparedness that will be in good capacity to help the nation evade any kind of heavy rains that were akin to El nino at that time. Even if this is not the magnitude that we expect of El nino, it is still destructive enough to make it difficult for the country. As a House, we also do know that there are resources that had already been dedicated by respective county governments. We s…

T
The Temporary Speaker (Sen. Abdul Haji)

Sen. Cherarkey, please proceed.

S
Sen. Ogola

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

T
The Temporary Speaker (Sen. Abdul Haji)

What is your point of order, Sen. Ogola?

S
Sen. Ogola

Mr. Temporary Speaker, Sir, I rise under Standing Order No.41 on Quorum during the proceedings of the Senate. Do we have the quorum?

T
The Temporary Speaker (Sen. Abdul Haji)

Clerk, please, confirm quorum. Let us ring the quorum bell for five minutes.

[(The Quorum Bell was rung)]

T
The Temporary Speaker (Sen. Abdul Haji)

Can the Bell be rung for another five minutes?

[(The Quorum Bell was rung)]

T
The Temporary Speaker (Sen. Abdul Haji)

Hon. Senators, having failed to attain quorum at the expiry of 10 minutes, the House stands adjourned pursuant to Standing Order No.41 (2) (a) , until tomorrow, Wednesday, 22nd November, 2023 at 9:30