Senate · Afternoon Sitting

Tuesday, 22 October 2024

Session Summary

Senators debated several national issues, urging improvements in healthcare delivery through community health providers and criticizing the over‑reliance on distant referral hospitals, while also calling for better museum infrastructure to preserve Kenya’s cultural heritage. The discussion moved to the Road Maintenance Levy Fund, with calls to scrap duplicate road agencies as unconstitutional, and highlighted concerns over education quality and fake degrees. The Speaker also welcomed a university delegation, adding a courteous note to the otherwise critical debate. Sen. Oketch Gicheru warned that the proposed defunding of counties—particularly cuts to industrial park allocations and Community Health Promoters’ budgets—will cripple service delivery, increase health risks, and stall economic projects, citing drastic reductions in Migori County. He urged the National Assembly to recognise the counter‑productive nature of these cuts and called for the rejection of both the current Bill and the Division of Revenue Act (DORA) Bill. The Temporary Speaker managed procedural matters and invited further debate. Sen. Khalwale highlighted the collapse of sugar out‑grower organisations and the chronic pricing problems facing farmers, urging the new law to create a sugar‑catchment‑area framework that lets growers sell to the highest‑paying mill and share revenues from by‑products. Sen. Cherarkey thanked the mediation committee, noted the amendment changing "sugar zone" to "sugar catchment area", and referenced the continuation of the Housing Levy Fund for affordable housing. The debate combined criticism of past failures with optimism about forthcoming regulatory mechanisms.

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The Speaker (Hon. Kingi)

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

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

[(The Quorum Bell was rung)]

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The Speaker (Hon. Kingi)

Hon. Senators, I am informed that we do have quorum. Kindly take your seats. Clerk, you may proceed to call the first Order.

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The Speaker (Hon. Kingi)

Senate Majority Leader, proceed.

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Sen. Cheruiyot

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Tuesday, 22nd October, the year of our Lord 2024- The Social Health Insurance Act, Tariffs for Healthcare Services, Legal Notice No. 146 of 2024.

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The Speaker (Hon. Kingi)

The Chairperson of the Mediation Committee on the Water (Amendment Bill) (National Assembly Bills No.33 of 2023.) Sen. Beatrice, are you a Member of that Committee?

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Sen. Ogola

Yes, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

You may proceed then to lay the Paper.

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Sen. Ogola

Mr. Speaker, Sir, I beg to lay the following Paper on the table of the Senate today, 22nd October, 2024. Report of the Mediation Committee on the Water (Amendment) Bill, the (National Assembly Bills No.33 of 2023) .

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

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The Speaker (Hon. Kingi)

The Chairperson of the Mediation Committee on the Sugar Bill (National Assembly No.34 of 2022) .

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Sen. Wafula

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 22nd October, 2024- Report of the Mediation Committee on The Sugar Bill (National Assembly Bills No.34 of 2022) . Thank you.

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

The Chairperson of the Mediation Committee to give Notice of the Motion on the Report of Mediation Committee on the Water (Amendment) Bill (National Assembly Bills No.33 of 2023) .

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Sen. Ogola

Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the Mediation Committee on the Water (Amendment) Bill (National Assembly Bills No.33 of 2023) , laid on the table of the Senate on Tuesday, 22nd October, 2024 and further that pursuant to Article 113 (2) of the Constitution and Standing Order No.167 (3) of the Senate, approves the mediated version…

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The Speaker (Hon. Kingi)

The Chairperson of the Mediation Committee on the Sugar Bill (National Assembly Bills No.34 of 2022) , proceed to give your notice.

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Sen. Wafula

Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the Mediation Committee on the Sugar Bill (National Assembly Bills No.34 of 2022) , laid on the Table of the Senate on Tuesday, 22nd October, 2024; and further that pursuant to Article 113 (2) of the Constitution and Standing Order No.167 (3) of the Senate, approves the mediated version of the Bil…

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Statement pursuant to Standing Order No.53 (1) .

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The Speaker (Hon. Kingi)

This is resumption of a debate that was interrupted on 15th October, 2024. At the time of interruption, Sen. Cherarkey was on his feet and he had a balance of 15 minutes. You may proceed.

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Sen. Cherarkey

Mr. Speaker, Sir, thank you very much. The last time I was on my feet, I was contributing on the report on the issue of National Assembly aamendments to the County Government's Additional Allocations Bill (Senate Bills No.19 of 2024) . Mr. Speaker, Sir, before I make any further comments, allow me, with your indulgence, to wish all 965,000 Kenya Certificate of Secondary Education (KCSE) and the K…

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Sen. Cherarkey

especially when it comes to allocation to counties. While we agree that there are challenges in our county governments because of corruption, lethargy and poor governance, you do not need to undermine devolution by reducing the money that will go to our devolved units. Therefore, I thank the Committee on Finance and Budget for the good job of rejecting these deductions. I can see a number of Membe…

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Sen. Cherarkey

How could they remove about Kshs523.1 million meant for construction of county headquarters, yet these counties continue to struggle? Thirdly, on the issue of county aggregation and industrial parks, counties were to give Kshs250 million and the national Government was to match with a similar amount. It is indicated as Kshs2.5 billion, but it was supposed to be Kshs4.5 billion, so that we build i…

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Sen. Cherarkey

I was talking about referral hospitals such as Kenya National Hospital (KNH) here in Nairobi. Why would somebody with a normal cough or malaria go to a referral hospital like MTRH in Eldoret? If our healthcare system was functional in Vihiga, you do not need to transfer anybody to JOOTRH or MTRH. I can see there is an upcoming hospital in Kakamega, but I do not know whether it was handed over to t…

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Sen. Cherarkey

comes and puts a signpost on it. Let the RMLF of Kshs10 billion go to counties, so that counties can improve their centres. Whether you are working in Mandera, Homa Bay, Kakamega, Kilifi, Kwale, or Lamu, those centres can be improved by the counties. That Kshs10 million through RMLF should be given so that it becomes very easy. The only way we can agree on the functionality of national trunk road…

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The Speaker (Hon. Kingi)

Hon. Senators, before I allow the next speaker to take to the Floor, allow me to make the following Communication.

[(Interruption of debate on Motion)]

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Sen. Wafula

Hon. Temporary Speaker. I stand here this afternoon, to do my maiden moving of a Motion. Hon. Madam Temporary Speaker, I beg to move-

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Sen. Wafula

THAT, the Senate adopts the report of the Mediation Committee on the Sugar Bill, (National Assembly Bills No.34 of 2022), laid on the Table of the Senate on Tuesday, 22nd October, 2024 and further pursuant to Article113(2) of the Constitution and Standing Order No.167(3) of the Senate, approves the mediated version of the Bill. Hon. Madam Temporary Speaker, as I have indicated, today is my maiden…

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Sen. Wafula

Madam Temporary Speaker, another matter that was of concern was the choice of a professional on the Board. We agreed as a team and the mediation that the Cabinet Secretary will get a professional in sugarcane development technology with not less than 10 years in a recognized institution in the Republic of Kenya. This is a person with the technical know how, experience and deep research to inform …

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The Temporary Speaker (Sen. Veronica Maina)

Proceed, Sen. Boni Khalwale.

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Sen. (Dr.) Khalwale

Thank you Madam Temporary Speaker. It is impressive that the Sen of Bungoma is barely two years old in this House but you can see the way he has moved this Bill so ably. I congratulate him but it is not surprising because he shares the same Deoxyribonucleic acid (DNA) with Henry Pius, Masinde Muliro, the freedom fighter and one of the founding fathers of this nation.

[(Applause)]

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Sen. (Dr.) Khalwale

Madam Temporary Speaker, I am very happy for what has happened in the National Assembly and what I am hearing about this Bill in this House. I am extremely happy for the industry of the Committee because they went around the country--- I remember when they came to Western, I was traveling to Kigali. I cut short my trip and joined them in Kakamega. I made my contribution and our people made their …

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Sen. (Dr.) Khalwale

The next important thing that members of the public should rejoice is on the issue of the re-establishment of the Sugar Board. The Sugar Board, before it was removed by the Agriculture and Food Authority (AFA) law, was responsible for regulation of this industry and everybody was a winner. Since it went away, we have had problem after problem and we are glad that it is back and this Bill gives it …

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Sen. (Dr.) Khalwale

Madam Temporary Speaker, sugarcane farmer’s organizations in the name of Mumias Sugar Company Out-growers Organization, (MOCO), the Nzoia Sugar Company Out-growers Organization (NOCO) and all other out-grower’s factories, have collapsed back home because of the challenge of funding. Now, with five per cent available, if the people in Mumias can hear me, through this law, we are going to help you t…

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Sen. (Dr.) Khalwale

going to take care of your cattle and so, you will meet him next week. So that you raise your stakes. This is what competition was meant to do. I am so excited and happy. I thank the National Assembly and the Mediation Committee. Madam Temporary Speaker, I Second.

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, hon. Senator. Hon. Senators, I now propose the question.

[(Question proposed)]

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The Temporary Speaker (Sen. Veronica Maina)

I will now call upon the Senators to make contributions to the Motion beginning with Sen. Cherarkey.

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Sen. Cherarkey

Thank you very much, Madam Temporary Speaker. I want to say that this is a mediated version of the report. From the onset, allow me to thank Justice Ogola Sewe, Justice John Chikati, and Justice Joseph Mung’are for not stopping the Housing Levy Fund. There was a matter in court, but I am happy that they have not disallowed it. They have allowed the Government to continue so that we can provide af…

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The Temporary Speaker (Sen. Veronica Maina)

Do you need to tell their status, whether married or not?

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Sen. Cherarkey

No, it is just for record so that somebody cannot misquote me that I said miss or missus because there is that confusion. I thank you for your indulgence.

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The Temporary Speaker (Sen. Veronica Maina)

Proceed.

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Sen. Cherarkey

Madam Temporary Speaker, at least I know your status. I want to make a few comments on the amendment to the Sugar Bill because we debated it. There are five issues that we agreed on. One was on the amendment of the sugar zone. We changed it to become sugar catchment area. I want our farmers and stakeholders in the sugar industry to listen to this. Sugar catchment areas was to mean cane management,…

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Sen. Oketch Gicheru

On a point of order, Madam Temporary Speaker.

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The Temporary Speaker (Sen. Veronica Maina)

What is your point of order, Sen. Oketch Gicheru?

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Sen. Oketch Gicheru

Madam Temporary Speaker, I rise under Standing Order No.41. The sugar industry is very important that we cannot consider this Bill with the quorum in the House. It is such an important Bill that some key stakeholders need to give their input. If we end up probably voting for this Bill tomorrow without some key input by Members who come from the regions where sugar cane is, it will be problematic. …

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The Temporary Speaker (Sen. Veronica Maina)

Clerk, can you confirm whether there is quorum? If there is no quorum, may the Quorum Bell be rung for 10 minutes.

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, having failed to attain quorum at the expiry of 10 minutes, the Senate stands adjourned pursuant to Standing Order 41 (2) (a) until Wednesday, 23rd October, 2024, at 9.30 a.m. Sen. Cherarkey will have a balance of 13 minutes when the next session resumes. Thank you. The Senate rose at 5.22 p.m.