Senate · Afternoon Sitting

Tuesday, 28 March 2023

Session Summary

The Senate confirmed quorum, welcomed a delegation from Turkana County and praised devolution efforts, and approved the fifth report of the Procedure and Rules Committee amending the Standing Orders to permit Cabinet Secretaries to appear before the Senate for questions. Detailed procedures, timelines and time limits for submitting questions, scheduling appearances, and handling supplementary questions were outlined. The afternoon Senate sitting devolved into a series of points of order and heated exchanges, with Senators Okiya Omtatah and Dr. Khalwale invoking Article 259 of the Constitution to challenge procedural decisions and accusing the presiding officer of overstepping. The temporary speaker and Speaker Kingi repeatedly intervened to restore order amid accusations of disrespect, shouting, laughter, and claims of intimidation. Senator Oketch Gicheru raised concerns about alleged state‑sponsored destruction of a former president’s property and broader impunity, prompting the Temporary Speaker to repeatedly instruct him to withdraw names and adhere to procedural rules. Other senators, notably Sen. Sifuna, highlighted inconsistencies in applying Senate customs regarding points of order. The exchange reflected heightened tension and a focus on both substantive allegations and parliamentary decorum.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Serjeant-At-Arms, kindly ring the Quorum Bell for five minutes. I am informed we do have the requisite quorum now, so stop ringing the Quorum Bell. First Order.

[(The Quorum Bell was rung)]

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The Speaker (Hon. Kingi)

I request each Member of the delegation to stand when called out so that you may be acknowledged in the Senate tradition. Hon. Philip Ekuwam Lomuria - Deputy Speaker Hon. Michael Ewoi - Member Hon. Mary Arupe Nakapwan - Member Hon. Samwel Aliwo - Member Mr. Patrick Tioko Eng’ori - Director, Legislative Services Ms. Roseline Aite - Deputy Director, Legislative Services Mr. Jacob Lokwee - Principal…

[(Applause)]

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Sen. Cheruiyot

Thank you, Mr. Speaker, Sir, for giving me this chance to welcome the visiting Delegation from Turkana County. Turkana is a very important county in the matrix of devolution. It seats at the very apex of our country’s map. On many occasions we have had an opportunity to reflect on the success that has been devolution in this country. Turkana is listed as among the proper testimonials of what devo…

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The Speaker (Hon. Kingi)

Sen. (Dr.) Oburu, kindly have your seat.

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The Speaker (Hon. Kingi)

The approval of the 5th Report of the Procedure and Rules Committee on the amendments to the Senate Standing Orders paves the way for Cabinet Secretaries (CSs) to appear before the Senate to respond to Questions. In approving the amendments to the Standing Orders, the Senate also resolved that the Amendments shall take effect from Tuesday, 11th April, 2023, and further varied the hours of meeting…

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The Speaker (Hon. Kingi)

After a CS has responded to a question, the Standing Orders gives the Speaker power to allow the Senator who asked the question to raise a maximum of two supplementary questions that relate to the original question. Any other Senator will be allowed to ask one supplementary question. Hon. Senators, concerning access to the Chamber by CS, and appreciating the limited sitting capacity of the Chambe…

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The Speaker (Hon. Kingi)

extent of that contradiction, that law is null and void. We place the Constitution as the supreme and mother law. Therefore, the House or any of its Committees, may invoke its provisions in the discharge of the mandate of the Senate. Hon. Senators, given that this is a new process, I appeal for utmost cooperation from Senators. I urge Senators to familiarise themselves with the new procedure ahea…

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Sen. (Dr.) Khalwale

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

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The Speaker (Hon. Kingi)

Proceed, Sen. (Dr.) Khalwale.

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Sen. (Dr.) Khalwale

Thank you, Mr. Speaker, Sir. The Communication you have just made is historical in the sense that, you have now made a pronouncement on what will form, going forward, the most important oversight tool in this Senate. This is especially---

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The Speaker (Hon. Kingi)

Sen. (Dr.) Khalwale, just have your seat. I will come back to you. I have stated on numerous occasions, that there is a place for points of order in these Standing Orders. Kindly look at Standing Order No.98 of our Standing Orders. It is the only Standing Order that talks about points of order. It explains when a Senator can actually rise on a point of order. If your point of order is not within …

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Sen. (Dr.) Khalwale

Thank you, Mr. Speaker, Sir. I am well informed of what you are saying. All I wanted is to request that you shed clarity on a matter which is very critical. Most of the questions from the Senate, unlike in the National Assembly, will lean towards issues of devolution. In the structure of the current Government, there is no Cabinet Secretary (CS) for Devolution and Planning. However, there is a Pr…

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The Speaker (Hon. Kingi)

Sen. (Dr.) Khalwale, one; that is not a point of order. Secondly, I think when this matter was debated and amendments passed on the Floor of the House, you were not here. I kindly implore upon you to take time and read the amendments. The answers to all your concerns are contained therein. Next Order, Clerk.

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The Speaker (Hon. Kingi)

Let us have, Sen. Cherarkey or someone holding his brief.

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The Speaker (Hon. Kingi)

Before the Clerk calls for the next Order, hon. Senators, allow me to make this further Communication.

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The Speaker (Hon. Kingi)

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon, visiting students from the University Students Association in Kisumu County. The delegation comprises 35 students, who are in the Senate for one day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on beha…

[(Sen. (Dr.) Khalwale stood in his place and consulted the Clerk-at-the-Table)]

[(Sen. (Dr.) Khalwale resumed his seat)]

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The Speaker (Hon. Kingi)

I will allow the Senator for Kisumu County to make very brief welcoming remarks. Kindly, welcome the delegation. Is Sen. (Prof.) Ojienda not in the Chamber?

[(Loud consultations)]

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Sen. (Dr.) Oburu

Yes, ‘youth leader.’

[(Laughter)]

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hon. Senator

Kisumu County.

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Sen. (Dr.) Oburu

Yes, it is from Kisumu County but from which institution?

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The Speaker (Hon. Kingi)

Hon. Senator, it is a University Students Association from Kisumu County.

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Sen. (Dr.) Oburu

Thank you, Mr. Speaker, Sir. In our tradition as the Senate, I would like to take this opportunity to welcome the delegation from the great Kisumu County. Kisumu County is not only great because it is our headquarters but it is also the entry point in to the whole of East Africa. Actually, it should be the commercial centre for the whole of East Africa. I am happy to welcome this delegation. I h…

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The Speaker (Hon. Kingi)

Next Order, Clerk. Senate Majority Leader, do you have Papers to lay?

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Sen. Gataya Mo Fire

Mr. Speaker, Sir, I beg to lay the following paper on the Table of the Senate, today the 28th March, 2023.

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Sen. Gataya Mo Fire

Report of the Statutory Instruments (Exemption from Expiry) Regulations,

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The Speaker (Hon. Kingi)

Next order. The Senate Majority Leader, kindly proceed.

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Sen. Cheruiyot

Mr. Speaker, Sir, I beg to give Notice of the following Motion. THAT, notwithstanding the Resolution of the Senate on the approval of the Senate Calendar made on 16th February, 2023 and noting the Resolution of the Senate made on Thursday, 23rd March, 2023, on the Fifth Report of the Procedure and Rules Committee (PRC) on the amendments to the Standing Orders of the Senate; and pursuant to Standi…

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The Speaker (Hon. Kingi)

Sen. Mumma. You were supposed to give a Notice of Motion.

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Sen. Mumma

Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion- AWARE THAT, the 2030 agenda for Sustainable Development adopted by all the United Nations Member States in 2015, provides a shared global blueprint aimed at ending poverty, protecting the earth’s environment and climate and ensuring that people everywhere enjoy peace and prosperity; APPRECIATING THAT, the implementation of…

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Sen. Mumma

CONCERNED THAT, the implementation of the 2030 agenda for sustainable Development in Kenya has been affected negatively by various shocks such as continued drought since 2019 in Kenya and around the world, serious invasion by desert locusts, the COVID-19 pandemic and other public health calamities and the current strained state of the Kenyan economy; NOW THEREFORE, the Senate resolves that the Sta…

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The Speaker (Hon. Kingi)

Next Order, Clerk.

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Sen. Oketch Gicheru

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

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Sen. Gataya Mo Fire

What is it Sen. Oketch Gicheru?

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The Speaker (Hon. Kingi)

Proceed, Sen. Gataya Mo Fire.

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Sen. Gataya Mo Fire

Thank you, Mr. Speaker, Sir.

[(Laughter)]

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Oketch Gicheru?

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Sen. Oketch Gicheru

Mr. Speaker, Sir, I beg to give Notice of the following Motion, pursuant to Standing Order No. 37. THAT, the Senate do adjourn to discuss a definite matter of urgent national importance, namely; the deteriorating security situation in the country. Thank you, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

I do confirm that there are more than five Senators as required by Standing Orders and therefore I do nominate 5.30 p.m. to be time we will adjourn this particular Motion.

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Sen. Oketch Gicheru

Thank you, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Sen. Lemaltian is out on Parliamentary duties. Unless someone has been nominated to act on her behalf, otherwise that Statement stands deferred. We move to the statement by Sen. Osotsi.

[(Statement deferred)]

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Sen. Sifuna

Sen. Sifuna, you had another Statement. Kindly proceed.

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The Speaker (Hon. Kingi)

Sen. Sifuna, you had another Statement. Kindly proceed.

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Sen. Sifuna

Senator Tabitha Mutinda, you have the Floor.

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The Speaker (Hon. Kingi)

Thank you Mr. Speaker, Sir. I rise to support, the Statement by Sen. Sifuna, the Senator of Nairobi City County.

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Sen. Tabitha Mutinda

Thank you Mr. Speaker, Sir. I rise to support, the Statement by Sen. Sifuna, the Senator of Nairobi City County.

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Sen. Tabitha Mutinda

Thank you, Mr. Speaker, Sir. I also stand to support; the Statement being sought by Sen. Sifuna. This disease called “grabiosis” is such a serious disease in our country that you find greedy leaders seizing any empty land. I was told by a pilot when I was flying in a chopper that there are some leaders when they are carried in the chopper and they see an open land, they tell the pilot: “Can you t…

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Sen. (Dr) Oburu

We shall move to the next Statement. Is Sen. Murgor not here? The Statement is deferred.

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The Speaker (Hon. Kingi)

We shall move to the next Statement. Is Sen. Murgor not here? The Statement is deferred.

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I rise to request for a Statement on the status of---

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Sen. Okenyuri

Sen. Okenyuri. I know your name. Certainly, you are not Sen. Mundigi.

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, he requested that I read on his---

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Sen. Okenyuri

Then start by placing yourself properly on record.

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The Speaker (Hon. Kingi)

Then start by placing yourself properly on record.

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Sen. Okenyuri

Mr. Speaker, Sir, I am reading this Statement on behalf of Sen. Mundigi the Senator for Embu County. I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on the state of Macadamia nuts production and marketing in Kenya. In the Statement the committee should -

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Sen. Okenyuri

Sen. Maanzo, please proceed.

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The Speaker (Hon. Kingi)

Sen. Maanzo, please proceed.

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Sen. Maanzo

Sen. Cheptumo, please proceed.

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I also rise to support the Statement. When it comes to macadamia specifically, there is need for the Ministry in charge to see how best they can facilitate farmers to strengthen and enhance production and marketing of that farm produce. This is an agricultural country because our economy is supported by agriculture. In areas like Kerio Valley, we have cotton being grown. As we f…

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Sen. Cheptumo

Sen. Olekina, please proceed.

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, a couple of days ago, a small video clip was being translated to me, where the distinguished Senator for Kirinyaga was crying because of the way his farmers have been terrorised by brokers.

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Sen. Olekina

Mr. Speaker, Sir, a couple of days ago, a small video clip was being translated to me, where the distinguished Senator for Kirinyaga was crying because of the way his farmers have been terrorised by brokers.

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Sen. Olekina

Sen. (Dr.) Murango, please proceed.

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The Speaker (Hon. Kingi)

Asante Bw. Spika kwa kunipa nafasi hii. Kwanza, ningependa unipe mwelekeo kwa sababu aliyeleta Taarifa hii ni Naibu wangu katika Kamati ya Agriculture, Livestock and Fisheries. Bw. Spika, nieleze iwapo mtu anafaa kujiuliza swali. Swali lililoulizwa na Sen. Munyi Mundigi kama Naibu Mwenyekiti, litakuja kwake ama kwetu pia. Pili, jambo lililoulizwa ni la maana sana kwa kuwa juzi tu, nililalamikia …

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Sen. (Dr.) Murango

Asante Bw. Spika kwa kunipa nafasi hii. Kwanza, ningependa unipe mwelekeo kwa sababu aliyeleta Taarifa hii ni Naibu wangu katika Kamati ya Agriculture, Livestock and Fisheries. Bw. Spika, nieleze iwapo mtu anafaa kujiuliza swali. Swali lililoulizwa na Sen. Munyi Mundigi kama Naibu Mwenyekiti, litakuja kwake ama kwetu pia. Pili, jambo lililoulizwa ni la maana sana kwa kuwa juzi tu, nililalamikia …

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Sen. (Dr.) Murango

Thank you, Sen. (Dr.) Murango. Indeed, it is in order for Sen. Munyi Mundigi to seek a Statement from that Committee, although he is a Member. There is a difference between Mundigi, the Senator for Embu County and the Standing Committee on Agriculture, Livestock and Fisheries. We shall move to the next Statement by Sen. Cherarkey.

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The Speaker (Hon. Kingi)

Thank you, Sen. (Dr.) Murango. Indeed, it is in order for Sen. Munyi Mundigi to seek a Statement from that Committee, although he is a Member. There is a difference between Mundigi, the Senator for Embu County and the Standing Committee on Agriculture, Livestock and Fisheries. We shall move to the next Statement by Sen. Cherarkey.

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The Speaker (Hon. Kingi)

That Statement is deferred because Sen. Cherarkey is not present. We shall move to Sen. (Dr.) Murango.

[(Statement deferred)]

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Sen. (Dr.) Murango

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism, regarding the marketing of Kenyan produce in foreign markets. In the statement, the Committee should -

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The Speaker (Hon. Kingi)

Hon. Senators, before I give Senators opportunity to comment on that request for Statements, allow me to make a Communication.

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Sen. Wakili Sigei

Thank you, Mr. Speaker, Sir, for giving me this opportunity to welcome the students from Bomet County. Lorna Laboso Girls is a memorial school that was established courtesy of the first female Member of Parliament for Sotik Constituency. In 2012, the late Hon. Joyce Laboso actualized the institution which is represented by the beautiful girls in the gallery today. I welcome them and encourage the…

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Sen. Wakili Sigei

the institution that they represent today. Similarly, I want to encourage them to carry high the flag of the first female Governor of Bomet County, the late Hon. (Dr.) Joyce Laboso who actualized the institution. This is the House where rules are made. Hon. Joyce Laboso was a Deputy Speaker in the National Assembly. I am sure that the spirit she had and the investment that she made in the institu…

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Sen. Oketch Gicheru. NOES

Serjeant-at-Arms, please, withdraw the Bar.

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The Temporary Speaker (Sen. Veronica Maina)

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

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The Speaker (Hon. Kingi)

Hon. Senators, it is now 6.30 p.m., time to adjourn the House. Therefore, the Senate stands adjourned until Wednesday, 29th March, 2023 at