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)]

Serjeant-at-Arms, I am informed that we now have quorum. So, you may stop the Bell. Clerk, proceed to call the first Order.

The Chairperson of the Standing Committee on Finance and Budget, or any Member of the Committee, please, proceed.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 25th July, 2023. Report of the Standing Committee on Finance and Budget on the Equalisation Fund (Administration) Bill (Senate Bills No.14 of 2023) .

I beg to lay.

Next Order.

Mr. Speaker, Sir, I wish to present to the Senate the activities of the Standing Committee on Devolution and Intergovernmental Relations for the period, 1st April to 30th June, 2023, pursuant to Standing Order No.56.

Hon. Speaker, I rise pursuant to Standing Order No. 56(1)(b), I make a Statement on the activities of Standing Committee. During the reporting period, the Committee has carried out various activities pertaining to its mandates. As a snapshot, the Committee has transacted the following legislative business-

I will allow the Vice-Chairperson, Standing Committee on Agriculture, Livestock and Fisheries to proceed to make his Statement. Sen. Munyi Mundigi, where were you when I called you out for this Statement?

I was not listening, Mr. Speaker, Sir. I apologise.

Proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Agriculture, Livestock and Fisheries during the second part of the second Session, that is, April to June, 2023. The Senate Standing Committee on Agriculture, Livestock and Fisheries is established under Standing Order No. 228 …

The Committee facilitated public participation pursuant to the provisions of Article 118 of the Constitution and Standing Order 145(5) of the Senate Standing Orders through written memoranda and conducted public participation in some of the coffee- growing areas. The Committee has considered the matrix from stakeholders which will form the amendments by the Committee culminating into a report to …

received responses and concluded five of the 15 Statements, which have been shared with the Senators. The Committee invited the Cabinet Secretary, Ministry of Agriculture and Livestock Development to respond to five of the statements that were touching on his Ministry in a Committee meeting on 18th July, 2023. However, the Cabinet Secretary requested for the meeting to be rescheduled to Thursday,…

Statement on the status of the distribution of subsidized fertilisers in Laikipia County by Sen. Kinyua and a Statement on the operationalisation of the Commodities Fund by Sen. Cherarkey.

Embu and Nyeri counties. Further, the Committee conducted public participation on the Cotton Bill in Kitui and Busia counties. In conclusion, I wish to thank your office and that of the Clerk of the Senate for the continuous support accorded to the Committee to enable it meet its mandate. Lastly, I thank the Members of the Committee for their commitment, diligence and contributions during the Com…

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 period between 1st April 2023, to 30th June, 2023. The Standing Committee on Education is established under Standing Order No.228 (3) of the Senate Standing Orders and is mandated consider all matters relating to education and training. D…

Petition. Regrettably, the Cabinet Secretary, National Treasury and Economic Planning, who is a key stakeholder in the issues raised in the Petition, has not appeared before the Committee despite four invitations from the Committee. Mr. Speaker, Sir, the Committee observed that this continued to occasion delay in its conclusion of consideration of the Petition in light of provided timelines. Cons…

Petition. Regrettably, the Cabinet Secretary, National Treasury and Economic Planning, who is a key stakeholder in the issues raised in the Petition, has not appeared before the Committee despite four invitations from the Committee. Mr. Speaker, Sir, the Committee observed that this continued to occasion delay in its conclusion of consideration of the Petition in light of provided timelines. Cons…

Hon. Senators, I will allow limited interventions on these three Statements under Standing Order No.56. I will allow two Senators; one from the Opposition and one from the Government side. Each will speak for not more than three minutes. Sen. Wambua, please, proceed.

There is lethargy in all the committees. I am even ashamed. Chairpersons of committees must pull up their socks when it comes to processing of Senate business. There is a Statement that I sought last year in November. I am told that the Cabinet Secretary will be appearing next month to respond to that Statement. When we begin to transact Senate business casually – the Deputy Speaker and Chairpers…

There is lethargy in all the committees. I am even ashamed. Chairpersons of committees must pull up their socks when it comes to processing of Senate business. There is a Statement that I sought last year in November. I am told that the Cabinet Secretary will be appearing next month to respond to that Statement. When we begin to transact Senate business casually – the Deputy Speaker and Chairpers…

[(Laughter)]

Mr. Speaker, Sir, if I comment on the performance of the Chairs, I will lose my minutes. So, let me spare that.

[(Laughter)]

If I may make a brief comment on the Chairs, I am happy that they have processed Bills. The performance on Bills is so good, but when it comes to the Statements, something needs to be done. I agree with you and we have discussed. They are saying that Cabinet Secretaries are not appearing as they should. We discussed about Statements and whether we should allow Principal Secretaries (PSs) to appea…

Senator, I am sorry but your time is up. Before I allow the Clerk to call the next Order, allow me to make the following communications.

Hon. Senators, in the Public Gallery this afternoon, we have 62 students accompanied by four teachers from Nguruki Day Secondary School in Tharaka Nithi County, who are in the Senate on an education tour. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them, and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

[(Applause)]

Hon. Senators, also in the Public Gallery this afternoon, we have 43 students accompanied by four teachers from Kamviu Mixed Day Secondary School in Embu County, who are in the Senate on an educational tour. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them, and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

[(Applause)]

Bw. Spika, nawakaribisha wanafunzi wa Kamviu Secondary School kuja kujifunza na kuona yale tunatenda hapa. Seneti ni “Upper House” na natumai mtakuwa Maseneta, Wabunge au Maspika wa kesho. Tunawaomba mtie bidii masomoni na mjiepushe na dawa za kulevya, pombe na mambo mengine ambayo hayafai. Mkiwa shuleni, nawaomba mtii wazazi na walimu wenu. Tunashukuru Kaunti ya Embu kwa kuwa kati ya kaunti 47,…

Deputy Speaker, please, proceed.

Before we proceed to the next order, allow me to make this communication. Sen. Chimera you are out of order. Hon. Senators, as you may recall, at the sitting of the Senate held on Tuesday, 18th July, 2023, the Temporary Speaker then, Sen. Veronica Maina, MP, directed Sen. Samson Cherarkey, MP, Sen. Daniel Maanzo, MP and Sen. Beth Syeng’o, MP to substantiate utterances made in the course of debate…

[(Sen. Chimera walked into the Chamber while the Speaker was on his feet)]

Mr. Speaker, Sir, on the second issue, regarding what I said on the Floor of the House about the Sondu border---

Mr. Speaker, Sir, on the second issue, regarding what I said on the Floor of the House about the Sondu border---

Sen. Cherarkey, start with the one by Sen. Wafula.

Mr. Speaker, Sir, on that, I request for more time, with your indulgence under Standing Order No.1. We adjourned because of lack of quorum. Can I be allowed more time? I will need your guidance.

I am afraid the Standing Orders talk about the subsequent sitting. You either substantiate now or proceed to withdraw and apologise.

Mr. Speaker, Sir, although I said it on a lighter note, I withdraw and apologise on count number one. On the second issue, having discussed the matter further, I thought it not wise to pursue it because we want unity, peace and harmony along the border. I respectfully, with a lot of humility from the bottom of my heart apologise for the remarks I made that might have been misconstrued against my …

Sen. Cherarkey, you have discharged your duty, kindly proceed to take your seat.

Thank you, Mr. Speaker, Sir. I will be visiting the church in Sondu region to pray with them.

[(Laughter)]

Thank you, Mr. Speaker, Sir. As a result of what is and has been happening, I had no time to look for the evidence I promised. I have been in hiding.

[(Laughter)]

Let the Senator be heard in silence. Proceed, Sen. Beth Syengo.

Mr. Speaker, Sir, from here, I had to run away to Kitui County. I only came back this morning.

Senator, proceed to substantiate or withdraw and apologise.

Thank you, Mr. Speaker, Sir. I think what I said was at the spur of the moment. I withdraw and apologize. Thank you.

Proceed with the second limb of the challenge. You were challenged again by

“Sen. Cherarkey na Sen. Methu wanachochea wananchi ndio waonyeshe kwamba sisi ndio tuko na shida.”

Hon. Senators, the matter of dress code of Senators has surfaced a number of times in the short stint of the 13th Parliament, warranting my hand to render a well- reasoned, considered and final ruling on the matter. I note with concern that the issue of dress-code has been raised as a point of order six times. I will summarily remind the House of the number of instances that have arisen concernin…

[(Applause)]

Hon. Senators, the matter of dress code of Senators has surfaced a number of times in the short stint of the 13th Parliament, warranting my hand to render a well- reasoned, considered and final ruling on the matter. I note with concern that the issue of dress-code has been raised as a point of order six times. I will summarily remind the House of the number of instances that have arisen concernin…

[(Applause)]

Sen. Osotsi and Sen. Wambua, you have been here long enough. You cannot rise on points of order. You can do better than that. Proceed, Sen. Wambua.

[(Sen. Wambua spoke off record)]

Sen. Wambua, just take your seat. I thought you were seeking clarification. However, you have taken the time to give a lecture. Let me take you directly to Standing Order No. 122 (2) as read together with Standing Order No. 122 (1) (k) . It states that - “A Senator commits an act of gross disorderly conduct if the Senator-

Sen. Osotsi and Sen. Wambua, you have been here long enough. You cannot rise on points of order. You can do better than that. Proceed, Sen. Wambua.

[(Sen. Wambua spoke off record)]

Mr. Speaker, Sir, you have done well in providing guidance on the matter of behaviour of Senators while in the Chamber or within the precincts of Parliament. I stand to be guided by the Clerks-at-the-Table on whether reference to declare Members to be grossly out of order is applicable outside a sitting of the House either Plenary or at the Committee of the Whole, so that we do not end up with a …

Sen. Wambua, just take your seat. I thought you were seeking clarification. However, you have taken the time to give a lecture. Let me take you directly to Standing Order No. 122 (2) as read together with Standing Order No. 122 (1) (k) . It states that - “A Senator commits an act of gross disorderly conduct if the Senator-

Mr. Speaker, Sir, it is an information that he was screaming “shame” at the point that he was unable to contribute---

For the first time, Sen. Crystal Asige, take your seat. For the second time, take your seat. I do not need any information. I have ruled. Therefore, any information now is of no use. If you look at my ruling, I did not say Sen. Sifuna came out of the Lounge and shouted. Sen. Crystal Asige, take a copy of that ruling and read it. We are going to rest that matter there. Clerk, proceed to call the …

[(Sen. Crystal Asige took her seat)]

[(The Clerk-at-the -Table Consulted the Chair)]

[(Sen. Beth Syengo consulted loudly)]

Mr. Speaker, Sir, I do not intend to discuss your ruling but I would like to go on record because, you have recounted the evidence that you were given by the Serjeant-at-Arms. I state that I was in the Members Lounge with many other Members including a senior Member, Sen. Mungatana and we saw what happened. Sen. Veronica Maina approached Sen. Sifuna and threatened to beat him up.

[(Senators consulted loudly)]

Mr. Speaker, Sir, it is an information that he was screaming “shame” at the point that he was unable to contribute---

For the first time, Sen. Crystal Asige, take your seat. For the second time, take your seat. I do not need any information. I have ruled. Therefore, any information now is of no use. If you look at my ruling, I did not say Sen. Sifuna came out of the Lounge and shouted. Sen. Crystal Asige, take a copy of that ruling and read it. We are going to rest that matter there. Clerk, proceed to call the …

[(Sen. Crystal Asige took her seat)]

[(The Clerk-at-the -Table Consulted the Chair)]

[(Sen. Beth Syengo consulted loudly)]

Mr. Speaker, Sir, I do not intend to discuss your ruling but I would like to go on record because, you have recounted the evidence that you were given by the Serjeant-at-Arms. I state that I was in the Members Lounge with many other Members including a senior Member, Sen. Mungatana and we saw what happened. Sen. Veronica Maina approached Sen. Sifuna and threatened to beat him up.

[(Senators consulted loudly)]

Bw. Spika, nimesimama kuambatana na Kifungu cha 52 (1) , cha Kanuni za Kudumu za Seneti kutoa Kauli kuhusu siku ya Kimataifa ya Lugha ya Kiswahili iliyoadhimishwa mnamo Tarehe 7 Julai, 2023. Bw. Spika, Kiswahili ni Lugha ambayo inatumiwa na kuzungumzwa na zaidi ya watu milioni 200 katika Bara la Afrika. Hii ndiyo lugha inayokuwa na kusambaa kwa kasi zaidi ulimwenguni, ikizingatiwa kuwa mataifa ya…

Sen. Osotsi, just have your seat. Hon. Senators, when I am reading rulings please be attentive. I said, there were two instances. The first time was the official procession when the Senator who was leading the procession as the Temporary Speaker then, it is that point that the shouting of “shame, shame” happened. Sen. Veronica Maina proceeded to take the Mace to where it was supposed to be taken. …

[(Sen. Orwoba spoke off record)]

Bw. Spika, nimesimama kuambatana na Kifungu cha 52 (1) , cha Kanuni za Kudumu za Seneti kutoa Kauli kuhusu siku ya Kimataifa ya Lugha ya Kiswahili iliyoadhimishwa mnamo Tarehe 7 Julai, 2023. Bw. Spika, Kiswahili ni Lugha ambayo inatumiwa na kuzungumzwa na zaidi ya watu milioni 200 katika Bara la Afrika. Hii ndiyo lugha inayokuwa na kusambaa kwa kasi zaidi ulimwenguni, ikizingatiwa kuwa mataifa ya…

Proceed.

Sen. Faki, je una kauli nyingine?

Bw. Spika, nimesimama chini ya kifungu cha 52 (1) cha Kanuni za Kudumu za Seneti kutoa Kauli kuhusu swala la kitaifa kuhusiana na kuzorota huduma za feri katika kivuko cha Likoni. Mheshimiwa Spika, kivuko cha Likoni kinaunganisha sehemu ya Pwani kusini na kisiwa cha Mombasa. Vile vile, kinaunganisha Kenya na Tanzania kupitia barabara ya Malindi-LungaLunga-Horohoro-Tanga-Bagamoyo. Barabara hii ni …

Proceed.

Bw. Spika, nimesimama chini ya kifungu cha 52 (1) cha Kanuni za Kudumu za Seneti kutoa Kauli kuhusu swala la kitaifa kuhusiana na kuzorota huduma za feri katika kivuko cha Likoni. Mheshimiwa Spika, kivuko cha Likoni kinaunganisha sehemu ya Pwani kusini na kisiwa cha Mombasa. Vile vile, kinaunganisha Kenya na Tanzania kupitia barabara ya Malindi-LungaLunga-Horohoro-Tanga-Bagamoyo. Barabara hii ni …

Mheshimiwa Spika, hili daraja la miguu lilianzishwa 2020 na liligharimu Serikali karibu Kshs1.4 bilioni. Daraja ni jipya na halina sababu ya kurekebishwa kwa muda mrefu kama vile ilivyopangwa. Itakumbukwa kwamba, daraja la kuvukia kwa miguu kwa wasafiri wanaotembea kutoka Likoni hadi kisiwani lilizinduliwa wakati wa janga la Corona, ili kuondoa msongamano na kurahisisha usafiri. Kwa hivyo, kabla y…

Sen. Cherarkey.

Thank you, Mr. Speaker, Sir. My Statement will be in English. My apologies to the people who have gotten used to reading in Swahili. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Information, Communication and Technology concerning reported cases of breach of sensitive personal customer data at the Naivas chain Supermarkets. In the Statement, the…

Thank you. Hon. Senators, pursuant to Standing Order No. 45 (2) , I will seek to re-arrange the sequencing of the Order Paper.

We will defer Orders from No. 8 all the way to Order No. 12. We will start with Order No. 13 all the way to the end.

Sen. (Dr.) Khalwale, you are seeking an intervention, or you are on a point of order? Let us establish what you are doing first.

Mr. Speaker, Sir, it is a small reminder, if you could help us. We were looking for the opportunity to comment on these two important Statements. I do not know if you can accommodate us in the limited time that you have.

Very well. I will allow two interventions, starting with yours, then Sen. Mungatana.

[(Resumption of debate on Statements)]

Sen. Mariam Omar, I request you to just give me five minutes to acknowledge the presence of some students who are supposed to go back home and then you proceed to conclude. Kindly have a seat.

[(Sen. Mariam Omar sat at her place)]

[(Interruption of debate on the Bill)]

Mr. Speaker, Sir, I beg to move that The County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) be read a Second Time. Paragraphs 2 (d) , 4 (c) , 6 (a) and 7 (b) of Part 2 of the Fourth Schedule to the Constitution assigns the following functions to county governments—

[(Applause)]

Hon. Senators, in the Public Gallery, we have 33 pupils accompanied by 12 teachers from Wathini Primary School in Makueni County who are in the Senate on an education tour. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit.

[(Applause)]

Hon. Senators, again in the Public Gallery, we have 35 pupils accompanied by five teachers from Olturoto Primary School in Kajiado County who are in the Senate on an education tour. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit.

[(Applause)]