Senate · Afternoon Sitting

Tuesday, 24 September 2024

Session Summary

Sen. Tabitha Mutinda urged the removal of Kshs20 billion from the national government's share to ease county fiscal pressure, highlighting how stalled projects and large pending bills are crippling devolution. She criticised delayed disbursements and unpaid county staff salaries, while expressing optimism that the incoming Finance Cabinet Secretary will address these issues and that the mediation committee will respect the Division of Revenue Bill amendments. Senators highlighted widespread stalled development projects across Kenya’s counties, blaming political transitions and urging committee investigations and accountability from governors. They also advocated for fully free education from early childhood through university, proposing a unified funding mechanism, and raised concerns about inadequate public participation in the Mung Beans Bill and the need to withdraw a constitutional amendment for broader consultation. Procedural motions and division results punctuated the debate. The Senate afternoon sitting opened with a quorum check before Sen. Tabitha Mutinda tabled a series of Auditor‑General reports on the 2022 financial statements of multiple county hospitals. Senators Kavindu Muthama and Mwaruma then sought committee statements on stalled development projects in Machakos County and on the lack of Higher Education Loans Board funding for teachers’ college students, respectively.

T
The Speaker (Hon. Kingi)

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Hon. Senators, I am told that we do have quorum. Sen. Osotsi, the Deputy Party Leader of the Orange Democratic Movement (ODM) and Sen. Kavindu, please, take your seats. Clerk, please, call the first Order.

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

[(The Quorum Bell was rung)]

[(Sen. Osotsi and Sen. Kavindu Muthama sat at their places)]

T
The Speaker (Hon. Kingi)

I cannot see the Senate Majority Leader. Sen. Tabitha, you are a Member of the Senate Business Committee (SBC) . Kindly proceed to table the reports.

S
Sen. Tabitha Mutinda

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, 24th September, 2024- Report of the Auditor-General on Financial Statements of Elburgon Level 4 Sub- County Hospital - County Government of Nakuru for the year ended 30th June, 2022. Report of the Auditor-General on Financial Statements of Malindi Sub-County Level 4 Hospital - County Government of Kilifi for t…

S
Sen. Tabitha Mutinda

Report of the Auditor-General on Financial Statements of Got Agulu Sub-County Level 4 Hospital - County Government of Siaya for the year ended 30th June, 2022. Report of the Auditor-General on Financial Statements of Uyawi Sub-County Level 4 Hospital - County Government of Siaya for the year ended 30th June, 2022. Report of the Auditor-General on Financial Statements of Madiany Sub-County Level …

T
The Speaker (Hon. Kingi)

Next Order. Statements pursuant to Standing Order No.53 (1) . Hon. Sen. Agnes Kavindu Muthama, you have the Floor.

S
Sen. Kavindu Muthama

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee of Devolution and Intergovernmental Relations regarding stalled projects in Machakos County. In the statement, the committee should-

T
The Speaker (Hon. Kingi)

Hon. Senator Mwaruma, the Senator for Taita Taveta County, you have the Floor.

S
Sen. Mwaruma

Thank you, Mr. Speaker, Sir, for this opportunity to request a statement on education loans to students in teachers' colleges. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Education regarding the lack of Higher Education Loans Board (HELB) funding and Government capitation for certificate and diploma students in primary and secondary school teache…

T
The Speaker (Hon. Kingi)

Now, before we move to the statements pursuant to Standing Order No.56 (1) , allow me to make the following communication. Sen. Kavindu, you may have your seat. Sen. Wafula, please, have your seat.

[(Sen. Kavindu Muthama stood in her place)]

[(Sen. Wafula consulted Sen. Chute)]

[(Interruption of Statements)]

T
The Speaker (Hon. Kingi)

Hon. Senators, I would like to acknowledge the presence in the Speaker's Gallery this afternoon of seven young men and women who are in the Senate undertaking an internship programme. The objective of the programme is to provide young people with first-hand experience in the legislative process and to expose them to the intricate world of public policy and public service. Hon. Senators, in our u…

S
Sen. Cheruiyot

Mr. Speaker, Sir, I join you on behalf of our colleagues to appreciate the visit by the interns who are here from the various fields of study assignment in the institution. Today is one of those days when they visit the Chamber and see how we operate here. Parliament is a premier employer. I say that very proudly, knowing the quality of work that our staffers do and the kind of experience that th…

[(Resumption of Statements)]

T
The Speaker (Hon. Kingi)

Hon. Senators, we have statements pursuant to Standing Order No.56 (1) (b) . Hon. Sen. (Dr.) Murango, you have the Floor.

S
Sen. (Dr.) Murango

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 56 (1) (b) of the Senate Standing Orders to make a statement relating to activities of the Standing Committee of Agriculture, Livestock and Fisheries during the second part of that session covering the period between April to August 2024. During the period under review, the committee held a total of 19 sitting, during which it conside…

S
Sen. (Dr.) Murango

Returns Bill, 2024. The Bill seeks to provide farmers with guaranteed minimum returns for their produce thus ensuring price stability in the agricultural sector. The committee also considered the Nuts and Oil Crops Bill, 2023 (Senate Bills No.47 of 2024) and received submissions from the Council of Governors (CoG), Nature Kenya and the Law Society of Kenya. The Standing Committee on Agriculture,…

T
The Speaker (Hon. Kingi)

Proceed, Sen. Abass.

S
Sen. Abass

Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) to make a statement on the activities of the Standing Committee on Devolution and Intergovernmental Relations for the period commencing April to August, 2024. Mr. Speaker, Sir, during the reporting period, the committee held 32 sittings in which it considered various activities pertaining to its mandates. As a snapshot, the committ…

[(Loud consultations)]

T
The Speaker (Hon. Kingi)

Order, hon. Senators! May the Chair of the Committee on Devolution and Intergovernmental Relations be heard in silence. Sen. Abass: Thank you, Mr. Speaker, Sir, the two committees have jointly held meetings with various stakeholders and are looking forward to concluding the matter and table a report in this House.

S
Sen. Abass:

S
Sen. Abass:

The committee is currently considering a legislative proposal on amending the County Governments Act, 2012, to provide definite roles of the Office of the Deputy Governor to clarify and streamline the responsibilities of the said office.

T
The Speaker (Hon. Kingi)

The committee is currently considering a legislative proposal on amending the County Governments Act, 2012, to provide definite roles of the Office of the Deputy Governor to clarify and streamline the responsibilities of the said office.

T
The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (b) to make a statement relating to the activities of the Standing Committee on Education for the second quarter of the Third Session, covering the period between April to August 2024. Mr. Speaker, Sir, during the period under review, the committee held 17 sittings, during which it considered 22 statements, two Petitions and…

S
Sen. Joe Nyutu

In this period, the committee considered two petitions concerning the discrimination in the payment of hardship allowance to teachers in Taita-Taveta and Kilifi counties. Whereas, the committee has endeavoured to finalise the consideration of three Petitions, it regrets the delays in concluding the Petitions, which has been occasioned by the unavailability of sufficient information and responses …

S
Sen. Joe Nyutu

In this period, the committee considered two petitions concerning the discrimination in the payment of hardship allowance to teachers in Taita-Taveta and Kilifi counties. Whereas, the committee has endeavoured to finalise the consideration of three Petitions, it regrets the delays in concluding the Petitions, which has been occasioned by the unavailability of sufficient information and responses …

T
The Speaker (Hon. Kingi)

Hon. Senators, I will allow comments on the sxtatements sought together with the statements by the three Chairpersons. We will do that exercise within the next 15 minutes. Proceed, Sen. Maanzo.

S
Sen. Maanzo

more expensive they become because the contractors are on the ground. This is also associated with pending bills. The more you have debts, the more it becomes difficult to pool the resources we have together to develop the counties much better. Mr. Speaker, Sir, I support the statement. There must be a consultative effort from the county governments and the national Government to make sure that a…

S
Sen. Maanzo

more expensive they become because the contractors are on the ground. This is also associated with pending bills. The more you have debts, the more it becomes difficult to pool the resources we have together to develop the counties much better. Mr. Speaker, Sir, I support the statement. There must be a consultative effort from the county governments and the national Government to make sure that a…

T
The Speaker (Hon. Kingi)

Sen. Tabitha Mutinda, proceed.

S
Sen. Tabitha Mutinda

Thank you, Mr. Speaker, Sir. Allow me to support the statement by the Senator for Machakos County, Sen. Kavindu Muthama, regarding pending and stalled projects in Machakos County. You will realise that some of the pending bills issues that have been there are brought by stalled projects. Money has already been spent and part of the certificates have been paid, but the projects are not complete. I…

T
The Speaker (Hon. Kingi)

Sen. Wambua, proceed.

S
Sen. Wambua

A committee has made a resolution to suspend operations because they are not properly facilitated to carry out their functions. It should be remembered that though in that statement he mentioned the Mung Beans Bill as having been subjected to public participation in Tseikuru, however, the truth of the matter and for the record, is that public participation on the Mung Beans Bill took place in Tsei…

S
Sen. Wambua

A committee has made a resolution to suspend operations because they are not properly facilitated to carry out their functions. It should be remembered that though in that statement he mentioned the Mung Beans Bill as having been subjected to public participation in Tseikuru, however, the truth of the matter and for the record, is that public participation on the Mung Beans Bill took place in Tsei…

T
The Speaker (Hon. Kingi)

Sen. Wafula, proceed.

S
Sen. Wafula

Thank you, Mr. Speaker, Sir.

S
Sen. Cheruiyot

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

T
The Speaker (Hon. Kingi)

Just a minute, Sen. Wafula. Senate Majority Leader, you cannot raise a point of order when there is no Senator unless it is an intervention you would wish to make. What is your intervention? It is certainly not a point of order.

[(Loud consultations)]

S
Sen. Cheruiyot

T
The Speaker (Hon. Kingi)

Clerk, can you indeed confirm that we have the requisite number of delegates before I give direction on this matter?

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

[(Loud consultations)]

T
The Speaker (Hon. Kingi)

Seajeant-at-Arms, kindly ring the Division Bell for five minutes. Serjeant-at-Arms, ring the Division Bell for a further five minutes.

[(The Division Bell was rung)]

[(The Division Bell was rung)]

T
The Speaker (Hon. Kingi)

Sen. Ogola, proceed to the Dispatch Box.

T
The Speaker (Hon. Kingi)

Sen. Ogola, proceed to the Dispatch Box.

T
The Speaker (Hon. Kingi)

Order, Sen. Seki. Kindly take your seat. Hon. Senators, the results of the Division are as follows:

T
The Speaker (Hon. Kingi)

County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Lomenen, Turkana County; Sen. Methu, Nyandarua County; Sen. Mungatana, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Ogola, Homa Bay County; Sen. Okiya Omtatah, Busia County; Sen. Mariam Omar, Mandera County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Se…

T
The Speaker (Hon. Kingi)

Hon. Senators, the results of the division are as follows-

S
Sen. Chimera

Mr. Speaker, Sir, I rise pursuant to Standing Order No.159 (1) of the Senate to withdraw the said Constitutional of Kenya (Amendment) (No.2) Bill (Senate Bills No.52 of 2023) which is appearing in today’s Order Paper as Order No.10. The reasons for my withdrawal are well captured in my letter to you. The contents are well within your knowledge and also the need to ensure a broader consultation on…

T
The Speaker (Hon. Kingi)

That Order stands withdrawn.

T
The Speaker (Hon. Kingi)

Order, Hon. Senators! Sen. Dullo, take your seat please.

[(Sen. Dullo took her seat)]

T
The Speaker (Hon. Kingi)

Hon. Senators, the results of the division are as follows-

T
The Speaker (Hon. Kingi)

Hon. Senators, the results of the division are as follows-

T
The Speaker (Hon. Kingi)

The results of the division are as follows:-

T
The Speaker (Hon. Kingi)

The results of the division are as follows:-

T
The Speaker (Hon. Kingi)

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

T
The Speaker (Hon. Kingi)

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

T
The Temporary Speaker (Sen. Wakili Sigei)

Hon. Members, it is now 6.30 p.m., time to adjourn. The Senate, therefore, stands adjourned until tomorrow, Wednesday 25th September, 2024 at 9.30 a.m. The Senate rose at 6.30 p.m.