Senate · Afternoon Sitting
Tuesday, 28 February 2023
Senators debated the motion to appoint Johnson Muthama as a Commissioner of the Public Service Commission, emphasizing his extensive legislative experience, business background, and the need for impartial service. They also highlighted ongoing issues with parliamentary office infrastructure and internet connectivity, urging swift approval to fully constitute the PSC. The Senate debated the 2023 Budget Policy Statement, with the Finance Committee presenting recommendations and members highlighting issues such as the lack of a contract for the MES project, inadequate drought‑mitigation provisions, and arrears in the Equalisation Fund. While some senators criticised the Treasury for ignoring Senate resolutions, others praised its debt‑management strategies, ICT focus and revenue‑collection reforms, urging support for the budget. The discussion combined both constructive endorsement and pointed criticism of implementation gaps. The Senate debate centred on a procedural dispute over the communication of minority leadership changes after a court order from the Political Parties Tribunal halted the Speaker’s intended announcement. The Speaker emphasized adherence to the rule of law and the minority’s request to maintain the status quo pending tribunal determination, while Senators raised points of order and expressed frustration over the aborted communication. The session concluded with a motion to adopt the Finance Committee’s report on the 2023 Budget Policy Statement.
Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for five minutes.
[(Clerk at the Table approached the Chair)]
[(The Quorum Bell was rung)]
Serjeant-at-Arms, I am informed we have quorum. You may proceed and stop the Bell. First Order.
Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 28th February 2023-
The Chairperson Standing Committee on Justice, Legal Affairs and Human Rights, kindly proceed to lay your Paper.
Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, 28th February 2023- Report of the Standing Committee on Justice, Legal Affairs and Human Rights, on the proposed appointment of Hon. Johnson Muthama, as a Commissioner to the Parliamentary Service Commission (PSC) under Article 127 (2d) of the Constitution of Kenya.
[(Applause)]
Sen. Tabitha Mutinda, kindly proceed to lay your Paper.
Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, 28th February 2023- Report of the 61st Session of the Organisation of African, Caribbean and Pacific States (OACPS) Parliamentary Assembly and the Report of 42nd Session of the OACPS- EU Joint Parliamentary Assembly held in Maputo, Mozambique on 23rd October to 2nd November, 2022.
[(Sen. Tabitha Mutinda laid the document on the Table)]
Next Order. The Chairperson of the Committee on Finance and Budget.
Hon. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the 2023 Budget Policy Statement laid on the Table of the Senate today Tuesday, 28th February, 2023, and pursuant to Section 25 (7) of the Public Finance Management Act and Standing Order 186 (7) of the Senate.
Thank you, Mr. Speaker, Sir.
Chairperson, you had two notices of Motions to give. Is that so?
Yes, Mr. Speaker, Sir. I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the 2023 Medium Term Debt Management Strategy laid on the Table of the Senate on Tuesday, 28th February, 2023.
Chairperson of the Committee on Justice, Legal Affairs and Human Rights, kindly proceed.
Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Justice, Legal Affairs and Human Rights, on the proposed appointment of Hon. Johnson Muthama, as a Commissioner of the Parliamentary Service Commission, laid on the Table of the Senate on Tuesday, 28th February, 2023, and pursuant to Article 127 (2) (d) of the Constitutio…
Kindly proceed, Sen. Tabitha Mutinda.
Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate notes the Report of the 61st Session of the Organisation of African, Carribean and Pacific States (OACPS) Parliamentary Assembly and the 42nd Session of the OACPS-EU Joint Parliamentary Assembly held in Maputo, Mozambique on 23rd October to 2nd November, 2022.
Next Order. Sen. Cherarkey, proceed
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on an issue of general topical concern and national importance namely; Good Performance Posted by Kenya’s Cross Country Team at the just concluded World Athletics Cross Country Championships in Australia. It was a great honour to see our gallant athletes performing at World Cross Country Championships whe…
our commitment and support at all times as they continue to fly the flag of our great nation at the world stage of athletics. With those many remarks, I thank you.
What is your point of order, Sen. Cheptumo?
Mr. Speaker, Sir, I am sorry. I think I pressed the button unknowingly. I have no point of order.
Very well. Sen. Mwaruma, proceed with your Statement. He is not here. Therefore, the Statement is deferred.
On a point of order, Mr. Speaker, Sir.
What is your point of order, Senate Majority Leader?
Mr. Speaker, Sir, thank you for your indulgence. I humbly plead that you help us rearrange the Order Paper because before us we have a Motion which has a statutory deadline. If we do not consider the Motion on the approval of the Non-Member Commissioner to PSC by tomorrow, then the Member stands confirmed despite the lack of participation by the Senate. I humbly request that we dispense of this M…
will be known that the Senate also made a contribution into the confirmation of this particular Member.
Thank you, Senate Majority Leader. Indeed, we shall proceed to prosecute that business as a priority, noting that today is actually the deadline. Clerk, kindly proceed to rearrange and call that particular Order. Proceed, the Chairperson, Committee on Justice Legal Affairs and Human Rights (JLAHR) .
Minority Leader, proceed.
[(Applause)]
Minority Leader, you know very well that under the Standing Orders, if you choose to speak English you stick to it. The Senate Minority Leader (Sen. Madzayo) : I have taken back. Finally, I want to say karibuni. ‘Karibuni” is a word that can be used in both English and Kiswahili. Thank you, Mr. Speaker, Sir.
Thank you, Mr. Speaker, Sir. I welcome the visiting delegation from the Parliament of Gambia. Although I have never visited Gambia, I have many Gambian friends who do business and work in Kericho. They are led by a gentleman called Mr. Jipi Chor, who has been with us in the county that I represent in this House for quite a while.
I feel a special connection to the visiting team. I hope that they get full value of their time in the Republic of Kenya and get to learn and interact with Members of Parliament. To the best of my knowledge, their Parliament is pretty much similar to ours both in structure and size. Therefore, their pick and choice of Kenya and the Kenyan Parliament as a place to take their study and comparison i…
Thank you, Mr. Speaker, Sir, for this chance to welcome the guests from Makueni County Assembly and the Gambian Parliament. Gambia is a key country to Kenya although it is in the western part of Africa. It is a country that we can learn a lot from, and they can also learn a lot from us. Allow me to specially recognize my good friend, hon. Alhagie, who is the Vice-Chair of the Africa Parliamentary…
I feel a special connection to the visiting team. I hope that they get full value of their time in the Republic of Kenya and get to learn and interact with Members of Parliament. To the best of my knowledge, their Parliament is pretty much similar to ours both in structure and size. Therefore, their pick and choice of Kenya and the Kenyan Parliament as a place to take their study and comparison i…
and Senegal are two of the countries that I really admire to go and interact with the people. To our visitors from Makueni, let me begin by congratulating Gov. Mutula Kilonzo Jnr. for winning his Petition today. You are very lucky to have a good governor. He was one of us; very diligent. I hope that you will support him as the County Assembly and also oversight, encourage and support devolution, …
I thank you, Mr. Speaker, Sir. Let me begin by welcoming the delegation from Gambia. Gambia is similar to my county of Narok, where there are lots of wildlife. I know tourism is one of your main foreign income earners. I want to encourage them, while here, to visit Narok County, the Maasai Mara Game Reserve. Hopefully, you will get a chance to see sister leopards like the ones from Gambia. Your …
and Senegal are two of the countries that I really admire to go and interact with the people. To our visitors from Makueni, let me begin by congratulating Gov. Mutula Kilonzo Jnr. for winning his Petition today. You are very lucky to have a good governor. He was one of us; very diligent. I hope that you will support him as the County Assembly and also oversight, encourage and support devolution, …
Mr. Temporary Speaker, Sir, I believe I have 20 minutes as the Mover of the Motion. This has been my worry.
[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]
Mr. Temporary Speaker, Sir, the stigma and the period shaming that we are having is because of one thing; the lack of access to sanitary towels. We want to deal with two things when we are legislating. I am moving this Motion and we are going to debate, the two things that I want us to delve into is the period shaming and the period poverty. They both go hand in hand. Mr. Temporary Speaker, Sir, …
Sen. Orwoba, I believe your time is up. Alright fine, go ahead.
Mr. Temporary Speaker, Sir, I believe I have 20 minutes as the Mover of the Motion. This has been my worry.
That is not the reality we have right now. Yes, there could be one line in our law that states that it should be done, but it is not the reality. We need to find ways to make it a reality. That is the first thing I am proposing. On the issue of menstrual stigma and the misinformation. When I came to the House, I heard fellow Senators tell me it was not possible to have an accident because I shoul…
Mr. Temporary Speaker, Sir, the stigma and the period shaming that we are having is because of one thing; the lack of access to sanitary towels. We want to deal with two things when we are legislating. I am moving this Motion and we are going to debate, the two things that I want us to delve into is the period shaming and the period poverty. They both go hand in hand. Mr. Temporary Speaker, Sir, …
Hon. Senators, it is already 6.30
Hon. Senators, it is now time to adjourn the House. The Senate stands adjourned until tomorrow, Wednesday, 1st, March, 2023, at 2.30 p.m. The Senate rose at 6.31 p.m.
In the end, we are dealing with teenage pregnancy because of lack of sanitary towels. We are also dealing with issues of Human Immunodeficiency Virus (HIV) prevalence within our teenage girls and a multitude of effects; a domino effect on our society, including early marriages. The first point is to deal with the period-shaming and period poverty. I urge this House to support my Motion on Provisi…
Hon. Senators, it is already 6.30
Hon. Senators, it is now time to adjourn the House. The Senate stands adjourned until tomorrow, Wednesday, 1st, March, 2023, at 2.30 p.m. The Senate rose at 6.31 p.m.