Senate · Afternoon Sitting

Serjeant-at-arms, kindly, ring the bell. We seem not to have quorum. The quorum has been established. Please, let us have the first Order. Sen. Joe Nyutu, kindly acquaint yourself with the Standing Orders. When the Chair is upstanding, you are supposed to be seated.

[(The Quorum Bell was rung)]

[(Sen. Joe Nyutu walked into the Chamber when the Speaker was upstanding)]

Hon. Senators, I would like to acknowledge the presence in the Speaker’s gallery this afternoon, Members of the Committee on Public Accounts and Investments from Nyamira County Assembly. The delegation is at the Senate for a five days’ benchmarking visit with its counterpart Committee at the Senate; the County Public Accounts Committee (CPAC) and the County Public Investment and Special Funds Comm…

. Hon. Thaddeus Nyabaro - Deputy Speaker Hon. Duke Oyagi - Deputy Majority Leader Hon. Kenneth Nyameino - Chairperson Hon. Dickson Machungo - Vice-Chairperson Hon. Charles Keganda - Member Hon. Priscilla Nyatichi - Member They are accompanied by the following officers: Ms. Gladys Sorobi - Committee Clerk Ms. Peninah Kerama - Committee Clerk Mr. Kevin Riro - Committee Clerk CPA, Joash Mwamba - Aud…

Next Order.

Thank you, Mr. Speaker, Sir, I beg to lay the following Paper on the Table – The Report on the Standing Committee of Finance and Budget which is on County Additional Allocation Bill No.2 Senate Bill No.4 of 2022. I beg to lay.

[(Sen. Ali Roba laid the documents on the Table)]

Thank you, Mr. Speaker, Sir, I beg to lay the following Paper on the Table – The Report on the Standing Committee of Finance and Budget which is on County Additional Allocation Bill No.2 Senate Bill No.4 of 2022. I beg to lay.

[(Sen. Ali Roba laid the documents on the Table)]

Next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motion - THAT, AWARE THAT Turkana County continues to experience extremely dry weather conditions with the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) reporting that the aggregate rainfall for the six-month period ending September 2022 represented only 21 per cent of the normal rainfall; FURTHER AWARE THAT the pr…

Hon. Senator, kindly approach the microphone so that we can hear your voice.

FURTHER COGNIZANT THAT Article 11 of the United Nation’s International Covenant on Economic, Social and Cultural Rights (ICESCR) places further emphasis on the fundamental right to food and obliges the State to take progressive steps towards achieving full realization of the right to adequate food; NOW THEREFORE the Senate urges the Ministries of Agriculture and Livestock Development; Water, Sanit…

FURTHER COGNIZANT THAT Article 11 of the United Nation’s International Covenant on Economic, Social and Cultural Rights (ICESCR) places further emphasis on the fundamental right to food and obliges the State to take progressive steps towards achieving full realization of the right to adequate food; NOW THEREFORE the Senate urges the Ministries of Agriculture and Livestock Development; Water, Sanit…

Proceed, Sen. Tabitha Mutinda.

Proceed, Sen. Cherarkey.

Thank you, Mr. Speaker, Sir. This is a Senate request for Statement on rehabilitation and upgrading of Mombasa Road sections left in a state of disrepair following the construction of the Nairobi Express Way. 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 on the Kshs9 billion set aside for rehabil…

Thank you, Mr. Speaker, Sir. This is a Senate request for Statement on rehabilitation and upgrading of Mombasa Road sections left in a state of disrepair following the construction of the Nairobi Express Way. 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 on the Kshs9 billion set aside for rehabil…

Proceed, Sen. Sifuna.

We would want the contractor to be brought before our Committee on Roads Transportation and Housing. KeNHA should also answer the questions that have been very well put by Sen. Cherarkey. We need to know the plan of restoration of Mombasa Road, how long it is going to take, how the resources that were allocated prior to this matter coming to us have been utilized so far and when can Nairobians an…

We would want the contractor to be brought before our Committee on Roads Transportation and Housing. KeNHA should also answer the questions that have been very well put by Sen. Cherarkey. We need to know the plan of restoration of Mombasa Road, how long it is going to take, how the resources that were allocated prior to this matter coming to us have been utilized so far and when can Nairobians an…

Thank you, Mr. Speaker, Sir. I would like to compliment Sen. Cherarkey. This is a pertinent issue. In fact, it is a matter of great national importance given that Nairobi accounts for over 57 per cent of the Gross Domestic Product (GDP) of this country. The contractor should actually not appear before the Committee. He should appear before the Committee of the Whole because all the Senators have …

Thank you, Mr. Speaker, Sir. I rise to make a Statement under Standing Order 52 (1) , regarding road safety during the festive season. With several fatalities during the Christmas break as people travel to be with their loved ones, road safety across the country should be a key priority for our Government. The death toll in Kenya due to motor vehicle crashes up to 26th September, 2022 was 3,540 -…

Mr. Speaker, Sir, it is time that we did something to address road crashes and road Safety policies in Kenya shall assist with this. Vulnerable groups, especially persons with disabilities, senior citizens and children, are in dire need of safer roads in Kenya. Our poorly designed roads, no legal provisions for universal design, lack of proper training and education on road safety, poor regulatio…

I thank you. Mr. Speaker, Sir, do I go to my next Statement?

I thank you. Mr. Speaker, Sir, do I go to my next Statement?

Mr. Speaker, Sir, my next Statement is pursuant to Standing Order 53 (1) , to seek a statement from the Standing Committee on Roads, Transportation and Housing regarding road safety and universal design. In the Statement, the Committee should -

Mr. Speaker, Sir, my next Statement is pursuant to Standing Order 53 (1) , to seek a statement from the Standing Committee on Roads, Transportation and Housing regarding road safety and universal design. In the Statement, the Committee should -

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 56 (1) (a) to make a Statement on the activities of the County Public Investment and Special Funds Committee (CPISFC) for the period commencing 4th October, 2022 to date. The CPISFC is established under Standing Order 194 of the Senate Standing Order and it is mandated to -

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 56 (1) (a) to make a Statement on the activities of the County Public Investment and Special Funds Committee (CPISFC) for the period commencing 4th October, 2022 to date. The CPISFC is established under Standing Order 194 of the Senate Standing Order and it is mandated to -

Yes, Senate Majority Leader.

Mr. Speaker, Sir, that is a good report that has been presented by the Chair. I appreciate the work his Committee has done. However, I have one comment. At the beginning of a term of Parliament when we are doing such reports, I encourage Committee Chairpersons to not only lay the problem statements but also, go further and propose legislative solutions to the problems they have raised. This is a…

Proceed, Sen. (Dr.) Khalwale.

line, do governors get money to invest in offices in Nairobi? They create jobs for their friends and relatives, with no clear way of accountability. Mr. Speaker, Sir, I do not have in mind any governor sitting in office today. However, some governors will not stop at anything, to create an opportunity, to improve the welfare around themselves. You may have heard governors talking about some funny…

line, do governors get money to invest in offices in Nairobi? They create jobs for their friends and relatives, with no clear way of accountability. Mr. Speaker, Sir, I do not have in mind any governor sitting in office today. However, some governors will not stop at anything, to create an opportunity, to improve the welfare around themselves. You may have heard governors talking about some funny…

Next order.

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

Let us proceed to division. Sen. Madzayo, what is your point of order?

[(Sen. Madzayo consulted with the Speaker)]

[(Interruption of Division on Bill)]

Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Tabitha Keroche, Nakuru County; Sen. Thangw’a, Kiambu County; Sen. Wakili Sigei, Bomet County. Teller of the Ayes: Sen. Chimera.

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

Madam Temporary Chairperson, I second. The Temporary Chairperson : Division will be at the end. Clauses 7-9 The Temporary Chairperson : Division will be at the end First Schedule The Temporary Chairperson : I request the Chairperson of the Standing Committee on Finance and Budget to move to the dispatch box.

[(Question of the amendment proposed)]

[(Sen. Veronica Maina)]

[(Question that Clauses 7-9 be part of the Bill, proposed)]

[(Sen. Veronica Maina)]

[(Sen. Veronica Maina)]

It is not opening. The Temporary Chairperson (

S/NO. County FY 2021/22 FY 2022/23 Total Conditional Grants from the National Government Revenue Supplement for Construction of County Headquarters Conditional Grant-Leasing of Medical Equipment Total Conditional Grants from the National Government Revenue Column A Column B Column C Column D

Madam Temporary Chairperson, I beg to move: THAT, clause 5 of the Bill be amended in subsection (2) by-

Madam Temporary Chairperson, I beg to move- THAT that the Bill be amended by deleting Clause 6. This is after consultations with stakeholders. As a Committee, it was unanimous that the allocation from the Equalization Fund requires to be actualized through the Equalization Fund Appropriation Act. Thus, the provision should be deleted.

[(Sen. Ali Roba consulted the Clerk-at-the-Table)]

On a point of order. The Temporary Chairperson : What is your Point of Order, Sen. (Dr.) Khalwale?

[(Sen. Veronica Maina)]

Madam Temporary Chairperson, I second. (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the Second Schedule and substituting therefor the following new Schedule-

Division will be at the end First Schedule The Temporary Chairperson (

I request the Chairperson of the Standing Committee on Finance and Budget to move to the dispatch box.

Care in Devolved Context (Financing Locally- Led Climate Action (FLLoCA) Program, C t Cli t I tit ti l Sweden- Agricultural Sector Development Support Programme (ASDSP) II German Development Bank (KfW)- Drought Resilience Programme in N h K

Madam Temporary Chairperson, I second. (Question of the amended proposed) The Temporary Chairperson (

S/N O CO UN TY and Gra t tura l d l Valat e Sm San itati y Hea lth on (FL L elop men t Resi licy Loc ust Sett lem t Urb an SLoa ns and 0 obi City ,79 1,3 ,68 ,00 9,9 ,00 0,0 204, 781, 1 Nak uru ,28 5,2 ,91 1,1 70, ,00 - 33, ,93 22, ,00 5,2 52, - ,00 0,0 3,5 34, .20 522, 398, 2 Nan di ,79 8,2 ,24 7,7 70, ,00 - 17, ,31 22, ,00 4,6 52, - 16, ,08 2,3 39, .88 380, 965, 3 Nar ok ,96 5,9 ,10 7,5 70, ,00 …

S/N O CO UN TY and Gra t tura l d l Valat e Sm San itati y Hea lth on (FL L elop men t Resi licy Loc ust Sett lem t Urb an SLoa ns and eta ,31 .88 510 Tan a Rive r ,56 3,5 - 70, ,00 82, ,19 - 18, ,31 22, ,00 11, 8,8 - 2,3 39, .88 207, 230, Tha raka Nith

What is your Point of Order, Sen. (Dr.) Khalwale?

Madam Temporary Chairperson, I second. The Temporary Chairperson : Division will be at the end. Third Schedule The Temporary Chairperson : I invite the Chairperson to the Standing Committee on Finance and Budget to take the dispatch box.

[(Question of the amended proposed)]

[(Sen. Veronica Maina)]

[(Sen. Veronica Maina)]

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the Third Schedule. Having deleted Clause 6 which provided for allocation from the Equalization Fund. It, therefore, follows that the Third Schedule must be deleted to reflect the change. I request Sen. Faki to second.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the Second Schedule and substituting therefor the following new Schedule-

Hon. Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the County Governments Additional Allocations (No. 2) Bill (Senate Bills No. 4 of 2022) , and its approval thereof, with amendments. I request Sen. Faki to second.

I support.

Hon. Senators, I now call the Chairperson to report to the House.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Governments Additional Allocations (No. 2) Bill (Senate Bills No. 4 of 2022) , and its approval thereof with amendments.

have been put in place to ensure we do not lose a lot after the harvest. If we do that, we will not only start agro processing but we will also ensure that Kenyans do not go hungry. On the issue of modifying the seeds that are put on the ground, it is in the public domain that the climate has changed a lot. Therefore, we also need to adopt technologies that go with the changing times. The introdu…

Sen. Olekina, please proceed.

Mr. Temporary Speaker, Sir, I rise to support this Motion by the distinguished Sen. Gataya Mo Fire. Food security is very important. My hope was that all the 47 delegations would be here to discuss this Motion in a sober and progressive way. We know the problem and we know the solutions. However, we do not give a hoot because we are greedy and do not care to think about future generations. It is …

When the rains do not come in January, I will use that water to irrigate my corn. We need to be innovative. I do not subscribe to the school of thought that says we must genetically modify the food for us to survive in this country. My views on GMO are advised by the research which is out there. I believe we will be adjourning the House in the next three minutes to discuss that issue. I do not wa…

That is noted Sen. Olekina. I am also equally aware that there are a good number of Senators in the queue; Sen Okenyuri, Sen. Okiya Omtatah, Sen. Nyamu, and Sen. Tobiko are on the queue. We will resume this Motion tomorrow and you will be given priority so that you contribute to it. Sen. Olekina, I am informed that you will have 14 minutes tomorrow to debate on this particular Motion. Hon. Membe…

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

What is your point of order, Sen. (Dr.) Khalwale?

County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. (Dr.) Khalwale, Kakamega County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu Co…

Hon. Members, the results of the votes are as follows:

Sen. Olekina you have five minutes to second and discuss this Motion.

FURTHER NOTING THAT climate change education explores mitigation and adaptation at both local and global level, critical and creative thinking and capacity building that will enable youth to engage with the information, inquire, understand, ask critical questions and take what they determine are appropriate actions to respond to climate change; ACKNOWLEDGING THAT the Climate Change Act 2016 addres…

Thank you, Mr. Temporary Speaker, Sir, for the humble considerations. It has been a very long day with a number of committee meetings. I am glad we achieved passing of the Bill on County Governments Additional Allocation Bill. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on the State of insecurity a…

Mr. Temporary Speaker, the point is already made. I am speaking to Kenyans out there. You need to give me more time because my time was interrupted.

Sen. Gataya Mo Fire, kindly move the Motion.

Mr. Temporary Speaker, Sir, I beg to move- THAT, AWARE THAT Article 43 of the Constitution of Kenya, 2010 stipulates the rights of every person to be free from hunger, to have adequate food of acceptable quality, and to clean and safe water in adequate quantities; FURTHER AWARE THAT there is a prevailing food shortage in Kenya which is as a result of among other factors, lack of and inadequate rai…

Hon. Members I now open up the Floor for debate. Each Senator is to utilize five minutes to debate on this particular matter. The Senator for Kakamega County, Sen. (Dr.) Khalwale, you may proceed.

Thank you, Mr. Temporary Speaker, Sir. The debate on the Floor this afternoon requires that we demonstrate leadership not to cause panic in the countryside amongst the populace. It is true that the President has expressed himself on the issue of GMO. Therefore, those who want to play politics by making him look bad should keep the populace away from it. Hon. Members, I speak with maximum authori…

Mr. Temporary Speaker, Sir, I request Sen. Seki to second the Motion.

What is your point of order, Sen. Olekina.

Mr. Temporary Speaker, Sir, I have tremendous respect for the Senate Majority Whip. However, if history serves me right, the Majority Whip was a Member of Parliament when this Parliament banned the importation of GMO. I am sure my sister the distinguished Senator from Uasin Gishu County will make those submissions. Mr. Temporary Speaker, Sir, the African Union (AU) banned the importation of GMO i…

There is a point of order from the Minority Leader. The Senate Minority Leader (Sen. Madzayo) : Is the Senator for Kakamega, whom we have been together for a long time and I respect so much, in order to say that I have caused panic? To whom?

Without those extension officers, the county Governments are unable to follow up on what the farmer is doing, to know exactly whether the inputs that they have given to the farmers are used well. Therefore, there is need for a collaboration between the national and county Governments. More so, county Governments are mandated to ensure full devolution of agriculture.

Sen. (Dr.) Khalwale, could you address Sen. Olekina through the Chair.

Mr. Temporary Speaker Sir, I also rise to support this Motion. We know that every country is supposed to have strategic food reserves. These are supposed to meet the needs of its population whenever unforeseen circumstances such the ones witnessed in the country for a couple of months. However, we know that there was an oversight on the side of the national Government. As much as agriculture is a…

Sen. Madzayo, what is your concern again? The Senate Minority Leader (Sen. Madzayo) : Can I inform Sen. (Dr.) Khalwale?

Are you ready for the information Sen. (Dr.) Khalwale?

Yes, I can be informed. The Senate Minority Leader (Sen. Madzayo) : Mr. Temporary Speaker, Sir, I inform my brother and a very close friend of mine, “the bullfighter”. In one of the Sittings, Sen. James Orengo, who was here in the 3rd Senate, stated very clearly that, the laws we pass or the decisions that we make here, if we do them because we are in power, then the same laws can come back to hau…

When the rains do not come in January, I will use that water to irrigate my corn. We need to be innovative. I do not subscribe to the school of thought that says we must genetically modify the food for us to survive in this country. My views on GMO are advised by the research which is out there. I believe we will be adjourning the House in the next three minutes to discuss that issue. I do not wa…

a woman who has grown beard for getting the Covid-19 vaccine. I am yet to see my son growing breasts for the same reason or losing his libido. Mr. Temporary Speaker, Sir, conspiracy cannot advance science. If we were relying on conspiracy, we would not be ruling the skies today. The jet engine is a product of science. The jet light tube is the reason why the Hon. Members in this House will enjoy …