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 ten minutes. I am informed that we now do have quorum. Kindly, stop the Bell from ringing. Clerk, please, proceed to call the first Order.

[(The Quorum Bell was rung)]

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of Serjeant-at-Arms officers from Busia County Assembly. The officers are in the Senate for a five-day benchmarking visit with their counterparts in the Directorate of Serjeant-at-Arms. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them, and on b…

[(Applause)]

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of visiting Committee Members on Environment, Natural Resources, Energy, Water and Forestry and their secretariat from Kakamega County Assembly. They are in the Senate for a five-day consultative meeting with their counterparts in the Standing Committee on Land, Environment and Natural Resources. I r…

[(Applause)]

Thank you, Mr. Speaker, Sir. It is an honour and privilege for me to welcome my cousins from home, notably my area Member of County Assembly (MCA) , Chief Segero, and also the daughter of my mother’s brother, Ms. Victorina. I generally welcome all the men and women from the land of bull fighting. This House celebrates culture and as you know, Kakamega County is the centre for song and dance and b…

So, you are the first delegation to come here post the time of her death. We are proud of you. Busia is a unique place. It is the home county of Amos Wako, your senior in your profession. Amos Wako set a leadership record here that will never be broken, as the longest-serving Attorney-General in the Republic of Kenya who later became our Senator. Personally, I owe you, the people of Busia. My pr…

Next Order.

Report of the Auditor-General on the financial statements of Elwak Water and Sewerage Company Limited for the year ended 30th June, 2022. Report of the Auditor-General on the financial statements of Siaya County Assembly Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2022. Report of the Auditor-General on the financial statements of Siaya County Alcoholic Drinks Control Fund for…

Next Order.

Mr. Speaker, Sir, I beg to notice of the following Motion - THAT, notwithstanding the resolution of the Senate made on the 16th February, 2023 and the 29th March, 2023 , pursuant to Standing Order No.32 (4) the Senate resolves to alter its calendar (Regular Sessions) for the Second Session 2023, in respect to Part IV to resume from the recess period on Tuesday 18th July, 2023 and that the Se…

[(Approval of the Senate Calendar)]

Next Order.

In the Public Gallery, we have 114 students accompanied by 21 teachers from Dreams Hill School, Baringo County, who are in the Senate on an educational tour. Hon. Senators, in our usual tradition of receiving and welcoming guests to our Parliament, I extend a warm welcome to them and on behalf of the Senate and my own behalf, wish them a fruitful visit. I will allow Sen. Cheptumo, the Senator fo…

Mr. Speaker, Sir, I wish to welcome the students and teachers from Baringo to the Senate. It is indeed a very important day for them because they are able to see the ongoing live debates and happenings in the Senate. This is a moment when students are able to learn. We have been talking about the leaders of tomorrow. I encourage them that they have a bright future to even be leaders of this count…

Next Order.

Mr. Speaker, Sir, I rise, pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the unprocedural reduction of the salaries of Early Childhood Development Education (ECDE) teachers in Kirinyaga County. In the Statement, the Committee should:

The next Statements are by Sen. Omogeni.

Is there any Senator holding brief for Sen. Omogeni? The statements are dropped.

[(Statements dropped)]

The fourth Statement is by Sen. Mwaruma.

Is there anybody holding brief for Sen. Mwaruma? That Statement is dropped.

[(Statement dropped)]

Next is Sen. Wafula.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the status of insecurity in Bungoma County. In the Statement, the Committee should -

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Lands Environment and Natural Resources on Witu Nyangoro Ranch in Lamu County. In the Statement, the Committee should -

Sen. Wafula, you may present your second Statement.

Mr. Speaker Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights on unpaid bills from the Senatorial by-elections held in December, 2022 in Bungoma County. In the Statement, the Committee should -

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

Sen. (Dr.) Khalwale, you know you cannot rise on a point of order at this juncture, unless you want some clarification or intervention. I can allow that under Standing Order No.1, using my discretion. Are you standing on a point of order? If yes, please, take your seat. Proceed.

[(Sen. (Dr.) Khalwale spoke off record)]

Mr. Speaker, Sir, the by-election in question led to the election of the Senator for Bungoma County, Sen. Wafula. Could the Chair guide us if it is in order or the Senator has a personal interest? This is a normal Government procedure that has got its own lifeline. Unless, of course, you allow me to rise under Standing Order No.104 to ask him to declare what interest he has in this matter. Could …

Sen. (Dr.) Khalwale, Sen. Wafula is perfectly in order to seek this Statement. The people who were employed by the IEBC are his constituents. It has taken too long for them to be paid and the only person they can go to as a voice is the Senator. Therefore, he is doing good for his people who elected him to represent them here. He is perfectly in order to seek that statement.

Next is Sen. Cherarkey.

Thank you, 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 suspension of the use of ledger accounts by the Kenya Ports Authority (KPA) . In the Statement, the Committee should -

Next Statement by Sen. Munyi Mundigi.

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 regarding uncompleted National Government roads in Embu County. In the Statement, the Committee should -

Next Statement is from Sen. Githuku.

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 regarding the alleged illegal encroachment of land covering villages of Pangani, Nyadha, Kaisari, Mavuno and Poromoko in Lamu County. In the Statement, the Committee should -

The next Statement is from Sen. (Prof) Ojienda.

Mr. Speaker, Sir, I have two Statements this afternoon.

Mr. Speaker, Sir, my second Statement is as follows. Mr. Speaker, Sir, I rise, pursuant to Standing Order 53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism regarding the state of co-operative societies in Kisumu County. In the Statement, the Committee should -

Next Statement is from Sen. Madzayo. Sen. Faki, are you holding brief for Sen. Madzayo?

Yes, Mr. Speaker, Sir.

Great. Proceed.

Asante, Bw. Spika. Nimesimama kwa niaba ya Seneta wa Kilifi, Sen. Madzayo. Bw. Spika, nasimama kwa mujibu wa Kanuni za Kudumu Nambari 53 (1) kuomba kauli kutoka kwa Kamati ya Kudumu ya Usalama wa Taifa, Ulinzi na Uhusiano wa Kimataifa kuhusu polisi kutumia nguvu za kimabavu dhidi ya wanahabari wakati wa maandamano yaliyoandaliwa na Muungano wa Azimio tarehe 30 Machi, 2023. Katika taarifa hiyo, Ka…

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

There is no Senator speaking. How can you rise on a point of order? Sen. Faki, proceed to make your Statement.

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

He is done speaking.

Next Order. That Order is deferred.

Second Reading

Next Order. Hon. Crystal Asige, the Floor is yours. Second Reading

Thank you, Mr. Speaker, Sir. I beg to move that the Start-Up Bill (Senate Bills No. 14 of 2022) be read a Second Time. Mr. Speaker, Sir, technology and technological innovations are set to be the biggest contributors of economic development in the next few years. In most cases, they grow from innovative ideas and come into the market as startup businesses, which have exponential growth potential …

Point of order.

What is your point of order, Sen. Kinyua?

Mr. Speaker, Sir, I am standing on Standing Order No. 53 (3) - Where a Statement has been requested from the Committee pursuant to Paragraph 1, the Speaker may allow comments in relation to the Statement for not more than 15 minutes. I was requesting that because of the Statement that was made by Sen. Faki concerning the issue of drugs.

Sen. Kinyua, it is either you have been asleep and just woken up.

[(Laughter)]

Mr. Speaker, you are biased because every time another person rises on a point of order, you do not allow. It is only Sen. Cherarkey and---

Sen. Kinyua, you are out of order! I ask you to leave the Chamber immediately. Proceed Sen. Crystal Asige.

[(Sen. Kinyua left the Chamber)]

Other brands also include Cellulant, Twiga Foods, M-Kopa and Hisa among others. Despite all these successes, the country has no regulatory framework to guide the establishment or operations of startups. This gap has led to a number of challenges, including weaknesses in identifying startups, lack of incentivising mechanisms for their ventures and a lack of recognition of the unique needs and reali…

the seeds of prosperity ensuring a brighter future for all our young people and their innovations. The Executive has pronounced itself as committed to seeing that this Start-Up Bill is enacted recognising that Africa's youth need the digital skills, access to technology and markets that are essential if they are to thrive in this increasingly digitised economy. The Executive has further recognise…

seeks to encourage a culture of innovation and entrepreneurship, simplify registration and licensing, formally recognise what a startup actually is, create a special virtual economic zone where despite geographical location they can use tech to leverage and be recognised as one ecosystem and create and give incentives such as tax holidays on duty and Value added Tax (VAT) to attract angel investor…

Now, we find ourselves faced with a new challenge couched in the Finance Bill of

Sen. Crystal Asige, sorry to interrupt you. There is a school whose students must go back home in good time. So, allow me to recognise their presence then you proceed. Just pause where you are. You do not have to take your seat.

I call upon Sen. Kavindu Muthama to Move the Motion.

Thank you, Madam Temporary Speaker for giving me this opportunity. I beg to Move- THAT, AWARE THAT, disaster is defined as an overwhelming event and circumstance that tests the adaptation of responses of a community or individuals beyond their capability and leads momentarily

to massive disruption of function for a community or individual that often exceeds their capacity to cope using existing resources. FURTHER AWARE THAT, such was the case with the 1998 US Embassy Bomb disaster in Nairobi in which many of the Kenyan casualties resulted from the collapse of adjacent buildings located within a two to three block radius, and with reverberations being felt in most parts…

Proceed, Sen. Osotsi.

Thank you, Madam Temporary Speaker, for the opportunity to second this Motion. I want to start by thanking the Senator for Machakos, Sen. Kavindu Muthama for coming up with this very important Motion; a Motion to establish an Ad Hoc Committee for the compensation to the Kenyan victims of the 1998 bombing of the United States of America Embassy here in Nairobi. Madam Temporary Speaker, this Motio…

It should not just be people who died but also property that was destroyed. I urge Sen. Kavindu Muthama to amend this Motion to include destruction of property because several buildings collapsed causing a lot of losses. I think they spent over Kshs800 million to renovate Cooperative House. They deserve to be compensated. We also used to have the Ufundi Sacco Society building there. It also colla…

Sen. Chute, you may have the Floor.

Thank you, very much Madam Temporary Speaker.

Sen. Chute, resume your seat. I will give you a chance in a few minutes. Resume your seats Sen. Kavindu Muthama, Sen. Osotsi and Sen. Joe Nyutu. I now call upon Sen. Chute to proceed.

[(Question proposed)]

Thank you, Madam Temporary Speaker. Let me take this opportunity to thank Sen. Kavindu Muthama for bringing this Motion to this House. Sen. Osotsi said he was in school in 1998. When this happened, I was a businessman doing business in Addis Ababa, Ethiopia.

[(Sen. Osotsi stood in his place)]

Resume your seat Sen. Osotsi and listen.

Thank you, Madam Temporary Speaker. In a normal African proverb, we say that if two bulls fight, it is the grass that suffers. In an American proverb, they call us Africans. Some Muslims in the Middle East are called collateral damage. These are human lives being called collateral damage. What Sen. Kavindu Muthama is asking for is long overdue. It should have happened many years ago. It is the re…

Proceed,

Asante, Bi. Spika wa Muda. Kwanza, ninampa kongole Mama yangu, Sen. Kavindu Muthama, kwa kuleta Hoja hii.

Iwapo Amerika wangefanya uchunguzi maalum, hawa magaidi wangeshikwa mapema kabla kuingia na kulipua hiyo bomu katikati mwa jiji letu la Nairobi na kuharibu majumba, kuua watu na kuwaacha wengine wakiwa vilema. Bi Spika wa Muda, tunaelewa ya kwamba kama mtu amekufa, ameumia ama amepata ulemavu wa maisha, inatakiwa apewe msaada. Wengine hulipwa malipo ya ridhaa kulingana na maumivu waliyopata. Weng…

I am sorry to interrupt you, Sen. Madzayo. When we resume, you will have a balance of seven minutes.