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 the prerequisite Quorum. Hon. Senators, kindly take your seats so that we proceed with the business of the day. Clerk, kindly proceed to read the first Order.

Hon. Senators, I take this opportunity to welcome you back from the short recess. I hope you have had time to meet with your constituents, friends and families over the past two weeks. Part Three of the Senate Calendar commences today and will run until the rise of the Senate on Thursday, 29th June, 2023. Hon. Senators, as we commence this part of the Senate Calendar, it is expected that the Stan…

Allocation of Revenue Bill, 2023. Passage of this Bill will be followed by the introduction of the County Governments Additional Allocation Bill and the respective cash disbursement schedules. These are crucial financial instruments that by their nature allocate funds to county governments. In addition, the passage of these instruments facilitates county governments to prepare their respective bu…

Hon. Senators, in conclusion, I take this opportunity to impress upon each one of us to rededicate ourselves to the execution of our constitutional mandate and service to our great country. I also wish to state that my office, office of the Senate Leadership and the Secretariat are always at your disposal to facilitate you do your work. Hon. Senators, I wish you fruitful deliberations and every s…

Hon. Senators, I do have a further Communication to make. I would like to acknowledge the presence in the Speaker's Gallery, this afternoon, of a visiting delegation from the Parliament of Zimbabwe. The delegation comprises Members of the Committee on Peace and Security and staff who are on a benchmarking visit. I request each Member of the delegation to stand when called out, so that they may be…

Ms. Gladys Pise - Counsel to Parliament; Mr. Asha Jenje - Director, Clerk’s Office Hon. Senators, on behalf of the Senate and my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit. I will allow the Majority Whip, on behalf of the Government side, to make very brief welcoming remarks. Then after, I will allow the Minority Leader to also make his very brief welcomi…

Thank you, Mr. Speaker, Sir. It is indeed a privilege and makes us very happy that such a high-profile delegation from our sister country, Zimbabwe, has come visiting to this Senate. As the leaders from Zimbabwe might know, we share a lot in common in the sense that we both became republics after fighting it out with the colonialists. We remember fondly what was then called Rhodesia. Today, it ha…

I thank you, Mr. Speaker, Sir. Now that you have given a chance to the bullfighter, who is the Majority Whip, to represent the Majority Side, allow me to also give a chance to my Minority Whip, Sen. Ledama Olekina, to come forth. I donate my time to him.

Proceed, Sen. Ledama Olekina.

Thank you, Mr. Speaker, Sir. On behalf of the Minority Side, I wish to extend a warm welcome. I join you in welcoming the distinguished Senators and Members of staff from the Parliament of Zimbabwe. Zimbabwe is a country that most of us have read a lot about. It has taught us a lot in terms of leadership, from the worst to the best, in terms of the changes which each African country is going thro…

(GDP); debt to GDP ratio to each of the Africa countries. It is about time that we all think and look inside our hearts and ask ourselves tough questions. Why is it that every time when we travel and go to the West, we see countries that are clean, where citizens come together to be able to build that country, but we in Africa; Kenya and Zimbabwe alike, spend most of our time destroying our count…

Is Sen. Thang’wa here? He had a Petition to present. That Petition is deferred.

Colleges to secondary schools (S1), locking other A-Levels primary school teachers P1, who had not attended the course. This resulted to complaints by the primary school teachers, P1 A-Level trained teachers. THAT, another group of approved teachers ATSIV were also promoted in the year 1996. The then scheme of service for non-graduate teachers stipulated that the existing secondary school teache…

Thank you, Mr. Speaker, Sir, for giving me the opportunity to comment on this important Petition. The Constitution is clear that any Kenyan, who thinks that there is an unresolved matter, can bring it to Parliament, which includes Senate. These teachers have walked a long journey. They have been trying to make these claims over a long time. They have gone to different Government departments and n…

presented, so that they channel their input to the Committee, for us to serve Kenyans better. Mr. Speaker, Sir, all teachers should be treated fairly. The Constitution requires that there is fair and equal treatment to every Kenyan, so that whatever they have worked for, can be paid to them in order to continue with the good work of educating the country. I am a product of kind teachers in Makue…

Sen. Okenyuri, you may proceed.

Thank you, Mr. Speaker, Sir. I also rise to support this Petition by one Ms. Ruth W. Kabui. It is many years down the line for these teachers to be compensated. From 1996 to 2010 is a long time. There must have been many attempts to intervene on behalf of these teachers. The other time, we were discussing about teachers who had marked exams and were yet to be compensated, while the students who p…

Sen. Boy.

Asante sana, Bw. Spika, kwa kunipa fursa hii. Hii Petition imekuja wakati mzuri sana, kwa sababu, kule Kwale Kaunti yangu nina kesi nyingi za walimu kama hawa ambao hawajalipwa pesa zao. Ni jambo la kusikitisha sana haswa kwa walimu. Walimu wamesomesha wanafunzi na wanafunzi wakafaulu. Lakini utakuta kwamba walimu mpaka leo wanalia wakitaka kulipwa pesa zao. Sijui shida iko wapi? Nina kesi karibu…

Sen. Osotsi, you may proceed.

Mr. Speaker, Sir, I join the rest of the Members to support this Petition. Teachers go through a lot of problems. The other week, we were discussing a matter involving the non-payment of teachers who marked exams. It had taken long. The issue of P1teachers affects most of our counties. The Teachers Service Commission (TSC) should take charge and resolve these issues. I was just discussing with my…

Proceed, Sen. Abass.

Mr. Speaker, Sir, I beg to support the Petition. What is happening at the TSC is an unfortunate situation. Many teachers have a lot of problems. They are the ones who work in every corner of this country. They work in worst conditions in most distant areas, yet they are not given what they deserve. The TSC has become an entity of its own and the CEO is unapproachable. If anybody has a problem, eve…

Thank you, Mr. Speaker, Sir, for the opportunity to join the rest of the Senators in support of this Petition by Ms. Ruth Kabui. The issue of teachers retiring and not getting their benefits does not only affect Ruth. I do not know which county she comes from, but I know it is an issue that cuts across all the counties in Kenya.

It is sad to hear and know that from 1996 to date, there are people still waiting for their compensation and retirement benefits. It is sad because we have the Kenya National Union of Teachers (KNUT), which should be mindful of the teachers’ welfare. The Kenya National Union of Post-Primary Education Teachers (KUPPET) and the Retirement Benefits Authority (RBA) are also there. They should be conc…

Mr. Speaker, Sir, this is one of the Petitions that makes me wonder what we do in this country. You have teachers who are educated through training and increase their salaries. However, 27 years after, they are still crying because they are yet to receive their increments. What exactly are we doing? When you read the Petition, you wonder whether we truly represent the people we say we do. My view…

I urge the TSC commissioners, led by my good friend, Ms. Nancy Macharia. It is time you asked yourselves what you are doing in that office. I also request my colleagues in the “Lower House” because we will be talking about the budget. The only thing in our heads, which is going to divide this country into two, is the Finance Bill because those people are going to be taxed again. The basic salary …

Sen. Joe Nyutu, proceed.

Thank you, Mr. Speaker, Sir, for this opportunity. I rise to support this Petition by Ms. Ruth W. Kabui. As the Committee on Education, we are committed to matters that affect teachers and schools. Last week, we won a battle we have been fighting for teachers who retired between 1997 and 2003. In this war, we learned that the benefit scheme of the public servants is not contributory. Nonetheless,…

Hon. Senators, the time allocated for intervention to this Petition is well spent. Therefore, pursuant to Standing Order No.238 (1) , the Petition should be committed to the relevant Standing Committee for its consideration. In this case, I direct that the Petition be committed to the Standing Committee on Education. In terms of Standing Order No.238 (2) the Committee is required in not more than…

Thank you, Mr. Speaker, Sir. I wish to present this Petition which has been submitted to the Senate by Mr. Francis Wainaina Njuguna, on behalf of Mbogo’s Family Welfare Group of mbari ya Mbogo. It concerns historical injustices and illegal alienation of L.R. No.7153/1, 7153/2 and 7153/R, also known as L.R.12825. As you are aware, under Article 119 (1) of the Constitution: “Every person has a righ…

[(also known as LR No. 12825)]

Hon. Senators, pursuant to Standing Order No. 237, I shall now allow comments, observations or clarifications in relation to the Petition, for not more than 30 minutes. Sen. Cherarkey, please, proceed.

Thank you, Mr. Speaker, Sir. From the onset, I support Sen. Thang’wa. Land is an emotive issue. It is not good to disposes anybody land. Dispossession of land should be done within the law.

I believe it has been horrendous for the family. Therefore, as a Senate and as the Chairperson of the Committee on Education has insisted, we have the capacity and ability to address all these issues that have been raised in this Petition. Mr. Speaker, Sir, it is not news to us that at family or communal level, there will always be land grievances. Therefore, we need to ensure that everybody has …

Sen. Kinyua, please, proceed.

Asante Bw. Spika kwa kunipa fursa hii. Kuanzia mwanzo, ninaunga mkono dua hili ambalo limeletwa na Sen. Thnag’wa kwa sababu ya shamba la familia ya Mbogo Wainaina kuchukuliwa. Mambo ya mashamba katika Jamhuri yetu ya Kenya imekuwa ni donda sugu. Watu wengi wamekuwa wakigandamizwa na wale ambao wanafikiria wako na nguvu kuliko wegine. Kwa hivyo, ninakubaliana na Sen. Thang’wa ya kwamba, familia y…

Bw. Spika, ningependa hii familia ya Mbogo Wainaina itendewe haki na waweze kupewa fidia kwa kugandamizwa. Ni vizuri wakati Kamati hiyo inashughulikia jambo hili, iangalie maswala mengine katika sehemu hiyo ya Kaunti ya Kiambu. Ukitembea sehemu nyingi za nchi yetu ya Kenya, kuna shida za mashamba ambazo zinafanya watu wauane. Kwa hivyo, ningependa kuuliza Kamati hiyo, wakati wanashughulikia swal…

Hon. Senators, pursuant to Standing Order No. 238

Senate Majority Leader, please, proceed.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, 23rd May, 2023 -

Report of the Auditor-General on the Financial Statements of Iten Municipality for the year ended 30th June, 2020. Report of the Auditor-General on the Financial Statements of Iten Municipality for the year ended 30th June, 2021. Report of the Auditor General on the Financial Statements of Iten Municipality for the year ended 30th June, 2022; Report of the Auditor General on the Financial State…

Report of the Auditor General on the Financial Statements of the Meru County Assembly Members Car Loan and Housing Scheme Fund for the year ended 30th June, 2022; Report of the Auditor General on the Financial Statements of the Meru Water and Sewerage Services Registered Trustees for the year ended 30th June, 2022; Report of the Auditor General on the Financial Statements of the County Assembly …

Proceed, Sen. Chimera.

Thank you, Mr. Speaker, Sir. I have two Statements as well

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources concerning the compensation of residents displaced for purposes of expansion of Ukunda Airstrip. In the Statement, the Committee should -

Mr. Speaker, 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 the complete ban of night discos during funerals, commonly known as ‘disco matanga’ in Kwale County. In the Statement, the Committee should -

Sen. Faki, you may proceed.

Asante Mhe. Spika. Nimesimama kuunga mkono maombi ya taarifa ya Sen. Chimera kuhusiana na Taarifa ya kwanza. Hili swala la wakaazi wa Ukunda ambao ardhi yao ilichukuliwa kwa sababu ya upanuzi wa uwanja wa ndege wa Ukunda ni swala ambalo limekuwa donda sugu. Ninakumbuka, tulizuru mahali pale mnamo mwaka 2018 tukiwa na Kamati ya Fedha, ikiongonzwa na Sen. M. Kajwang’. Wahusika pia walikuja katika …

Swala hilo ni kwamba tunapita mipaka ya sheria kwa sababu sheria inasema ya kwamba, maswala ya kutathmini, yaani valuation, ni swala ambalo litafanywa na NLC. Ikiwa Rais wa nchi atasema ya kwamba ameikataza NLC wakati sheria inairuhusu NLC ifanye kazi hiyo, ina maana ya kwamba anaingilia kazi za tume huru katika nchi yetu ya Kenya. Tunaomba NLC iharakishe ulipaji wa watu hawa na sehemu yoyote ny…

Thank you, Mr. Speaker, Sir. I also rise to support the Statement by our colleague, Sen. Chimera. The compensation by the Government has been a big challenge in this country. In this particular case, we are talking about compensation for those whose land was taken because of expansion of the Ukunda Airstrip. Mr. Speaker, Sir, you are also aware that there has been compulsory acquisition of pieces…

Sen. Ogola, you have the Floor.

Thank you, Mr. Speaker, Sir. I rise to support the Statement by Sen. Chimera on the compensation of residents displaced by the expansion of Ukunda Airstrip. As my colleagues have stated, compensation is a thorny issue in this country. When Kenyans aired their views that there should be a NLC that deals with such issues, they expected those challenges would be a thing of the past. However, it is a…

Sen. Githuku, you may proceed.

Asante, Bw. Spika. Nimesimama kuunga mkono Taarifa ya Mhe. Chimera kuhusu watu wa Ukunda kwanza waweze kulipwa ridhaa. Naunga mkono kwamba wakati wowote ambapo Serikali inataka kufanya miradi ni lazima sehemu ambayo imekaliwa na wananchi, ni haki yao kulipwa fidia na Serikali. Kuna sehemu nyingi tofauti tofauti katika Jamhuri yetu ya Kenya ambapo wananchi wameathiriwa na miradi ya Serikali. Ninge…

wangu pale wameathirika sana na Serikali haijawahi kuwalipa ridhaa. Naungana na wenzangu kwamba huo ni mradi ambao utafaidi Serikali ya Kenya. Haitakuwa vizuri watu wachache kama watu wangu wa Lamu waumie. Kuna barabara ambayo imekatwa kutoka LAPSSET mahali imekalia hadi Southern Sudan ikipitia Isiolo. Shirika la NLC liliandikisha wale watu wote waliokuwa wamekalia ile sehemu na wakasema kwamba …

Sen. Thangw’a, you may proceed.

Mr. Speaker, Sir, I rise to support the Statement on the issue of the disco-matanga. One of the objects of devolution is for counties to manage their own affairs. That includes cultures, the way of doing things, religion and anything that concerns a society. I would urge the Committee that will deal with this issue to look into that matter with that consideration in their minds. We need to ask ou…

Proceed, Sen. Kibwana.

Mr. Speaker, Sir, thank you for granting me this opportunity. I beg to give Notice of the following Motion: THAT, AWARE THAT Section 68 (1) (b) of the Health Act, 2017 provides for interventions by the National Government to reduce the use of tobacco and other addictive substances and to counter exposure of children and others to tobacco smoke, and Section 32 of the Tobacco Control Act, 2007 prov…

Clerk, call Order No.8. I know that the Committee had requested for a referral. However, just for the purpose of the record, I thought we would call it, defer and then proceed.

Again, the Committee had requested that this particular order be deferred to tomorrow so it is so deferred. Next Order.

[(Committee of the Whole deferred)]

Next Order. Sen. Mutinda is not in the Chamber. The Bill is deferred. Second Reading

Sen. Wambua is not present. The Bill is deferred. Next Order.

Second Reading

Sen. Crystal Asige is not present. The Bill is deferred. Next Order. Second Reading

Sen. Wakili Sigei is not present. The Bill is deferred. Next Order. Second Reading

Sen. Orwoba is not in the Chamber. The Bill is deferred. Next Order.

Sen. Orwoba is not in the Chamber. The Bill is deferred. Next Order.

Sen. Methu is absent. The Motion is deferred.

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until tomorrow, Wednesday, 24th May, 2023, at 9.30 a.m. The Senate rose at 6.23 p.m.