Senate · Afternoon Sitting

Mr. Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Hon. Senators, I am informed we have quorum now. Clerk, you may proceed to call the first Order.

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

Thank you, Mr. Speaker, Sir. This is a public Petition on the persistent insecurity, cattle rustling, loss of lives and property in Lorroki and Malaso Divisions of Samburu Central Sub County. I read the Petition on behalf of the petitioners. We, the undersigned citizens of Kenya and residents of Lorroki Division of Samburu County, Samburu Central Sub County, draw the attention of the Senate to th…

Hon. Members, pursuant to Standing Order No.238 (1) , I direct that the Petition be committed to the Standing Committee on National Security, Defence and Foreign Relations. Pursuant to Standing Order No.238 (2) , the Committee has 60 days from today to respond to the Petition by way of report, which must be laid on the Table of the Senate. Chairperson or any Member of the Committee on Justice, Le…

[(The Petition was committed to the Standing Committee on National Security, Defence and Foreign Relations)]

Thank you, Mr. Speaker, Sir. I beg to lay the following Petition Reports on the Table of the Senate, today, Tuesday, 28th November, 2023-

Report to the Senate on a Petition by Mr. Laban Omusundi concerning the enactment of a clause in the Election Laws to ensure that all nominated Members of the County Assembly are voters and residents of the respective counties.

Mr. Speaker, Sir, on behalf of the Chairperson, Standing Committee on Agriculture, Livestock, and Fisheries, I beg to lay the following Paper of the Table of the Senate, today, 28th November 2023- Report of the Standing Committee on Agriculture, Livestock, and Fisheries on its consideration of the Food and Feed Safety Control Coordination Bill (National Assembly Bills No. 21 of 2023) .

[(Sen. (Dr.) Lelegwe laid the document on the Table)]

Next Order.

Sen. Okenyuri is not in the House. Therefore, the Statement is dropped.

Yes, Mr. Speaker, Sir.

Sen. Kinyua, you may proceed.

Mr. Speaker, Sir, on behalf of Sen. Methu, I rise pursuant to Standing Order No.53 (1) to Seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries concerning the inordinate delay in payment to the enumerators and village elders who were engaged in the exercise of profiling and mapping of farmers in Nyandarua County. In the Statement, the Committee should-

Sen. Mundigi, is not in the House. The Statement is, therefore, dropped.

[(Statement dropped)]

Sen. (Dr.) Lelegwe, do you want to defer your Statement?

No, Mr. Speaker, Sir.

Then proceed.

Mr. Speaker, Sir---

Just hold on, Sen. (Dr.) Lelegwe.

Hon. Senators, we are just about to go into Division. Please call your colleagues to come in; do not leave because we need two more Senators to proceed to Division in the Committee of the Whole. Kindly call your colleagues who are not in yet. Proceed, Sen. (Dr.) Lelegwe.

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 the state of roads in Samburu County. In the Statement, the Committee should-

Sen. Kisang, please, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the status of the Conditional Grants for the construction of county headquarters. In their state Committee should-

Sen. Mwaruma, you may proceed.

Thank you, Mr. Speaker, Sir, for this opportunity to request a Statement on the Part Development Plan (PDP) for Parcel No.Kimorigo Kitobo Block 2. 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 Part Development Plan, Sheet 1 of Parcel No. Kimorigo/Kitobo, Block 2 (Criticos) in Taveta Sub County. …

Sen. Chute, please proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Trade, Industrialisation and Tourism regarding the financial obligation and the economical viability of Uchumi Supermarket Chain. In the Statement, the committee should-

[(Loud consultations)]

Order Senators. Before we move to the Statements pursuant to Standing Order No.56 (1) , I have the following Communications to make.

[(Interruption of debate on Statements)]

I would like to acknowledge the presence in the Public Gallery this afternoon, of visiting delegation of four teachers and 20 students, from Amazing Grace Pathfinders Club Seventh Day Adventist Church Kabete in Kiambu County. The delegation is in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm w…

Thank you, Mr. Speaker, Sir, for this opportunity. I join you in welcoming the students from Kiambu County to this House to learn, get to know what we do and encourage them in their studies so that they can do wonders and in future, they can come here as Members of the Senate to participate in the spirit of the national building of this country.

Mr. Speaker, Sir, I would like to join you in welcoming the pathfinders who have come to the Senate. I am an Adventist just like Sen. Cherarkey. For me to get to where I am, I attribute it to the church and the teachings of the church and particularly my membership of the pathfinder’s club. Pathfinders tend to be the children who are approaching the teen age up to the age of 18. This is one of th…

and teaches them to be upright citizens. I encourage the pathfinders that leadership is not only in politics. You can also be leaders in the church, in faith or various professions. I urge you to continue listening to your teachers and parents because the Bible says that the knowledge of God is the beginning of what?

Wisdom!

I was testing these Senators whether they were in pathfinders or just scouts. I believe pathfinders are scouts with a religious orientation because they are taught everything that scouts are taught, but above all, they are taught how to believe in God, respect their parents and be responsible citizens. I wish you well. The future is bright. I hope some of you will also become political leaders li…

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

What is your point of clarification, Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, while you were away last week, on Order No.7, the then Temporary Speaker, Sen. Abdul Haji, made a ruling under Standing Order No.121 (2) (b) . Sen. Abdul Haji while in the chair, ordered the Senator of Nandi County out of the House. My attention was drawn to the fact that no sooner had the Senator been ordered out than he went to the media centre and addressed the Press. I there…

Thank you, Sen. (Dr.) Khalwale. I will deliver my ruling tomorrow at 2.30 p.m. Hon. Senators, at this juncture, allow me to re arrange the sequence of today’s Order Paper because of the convenience of this House. We will straight away move to prosecute Order Nos. 8, 9, 10, 11,12 and 13. This is business that is due for division. Clerk, kindly, proceed to call those orders at a go.

Serjeant-at-Arms, kindly ring the Division Bell for two minutes. Serjeant-at-Arms, kindly close the doors and draw the Bar. Hon. Senators, kindly take your seats so that we get down to business. Sen. (Dr.) Lelegwe Ltumbesi, kindly take your seat. Hon. Senators, I will proceed straightaway to put the question on Order No.8, on the Report of the Standing Committee on Devolution and Intergovernment…

[(The Division Bell was rung)]

[(The Bars were drawn and the doors closed)]

[(Sen. Cherarkey and Sen. (Dr.) Lelegwe Ltumbesi stood up in their places)]

[(Sen. Cheruiyot consulted loudly)]

It is for neatness, Senate Majority Leader. We do not want to rig. We need to be at our best when we are voting. Serjeant-at-Arms, give us a nod if you have pulled out the cards that are not attended. Are we good? (The Serjeant-at-Arms nodded) Hon. Senators, log back and proceed to vote either ‘Yes,’ ‘No’ or ‘Abstain.’ Kindly proceed.

Mr. Speaker, Sir, with a lot respect, it is time that you called us to a kamukunji because this system has been collapsing for the last one month.

[(Applause)]

That is noted. Let us proceed. Let us have two Tellers, one for the ‘Noes’ and one for the ‘Ayes’. Sen. Cheruiyot, please proceed.

Mr. Speaker, Sir, I suggest that for ease of transaction of the business ahead of us, we can put all the votes up to Order No.13 when a Member rises, since we are voting manually and we have done this before. This is my humble request.

Hon. Senators, we are going by Roll Call. If your name is called, you will come and vote for all the Orders that are due for Division. I will do that for housekeeping. That is the modus operandi that we are going to adopt. Sen. Murgor, please, take your seat, so that I put all the Questions. I had put the Question in relation to Order No.10. I will now move to put the Question each for Orders No…

[(Hon. Senators proceeded to vote by Roll Call)]

Just come to the Dispatch Table because the microphones are not working. Can the microphone be put on for the hon. Senator, please? Just try your microphones. I am told that the system is back, so you do not have to make a journey to the Dispatch Table. If it is not working, then you will have to come to the Dispatch Table.

[(Voting in progress)]

[(Voting in progress)]

Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. …

Order, Hon. Senators. Now, the results of the division are in and they are as follow-

County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Odhiambo Ojienda, SC Kisumu County and Sen. Wamatinga, Nyeri County. Teller of the Ayes: Sen. Miraj.

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

Teller of the Ayes: Sen. Miraj.

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

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

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

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

Thank you, Hon. Senators. Now, I direct the Serjeant-At-Arms to withdraw the bar and open the doors.

The Temporary Chairperson (Sen. Mumma): Division will be at the end. Clause 4 The Temporary Chairperson (Sen. Mumma): Mover to move the amendments. Sen. Seki proceed.

Madam Temporary Chairperson. I beg to move- THAT Clause 4 of the Bill be amended by inserting the following new paragraph immediately after paragraph (d) -

Madam Temporary Chairperson. I beg to move- THAT Clause 16 of the Bill be amended in subclause (3) by inserting the following new paragraph immediately after paragraph (a) – (aa) the code of the category of the license. The Temporary Chairperson (Sen. Mumma) : Division will be at the end. Clause 17, 18,19,20,21 and 22 The Temporary Chairperson (Sen. Mumma) : Division will be at the end. Cl…

[(Question of the amendment proposed)]

[(Question that Clause 17,18,19,20,21 and 22 be part of the Bill proposed)]

Madam Temporary Chairperson, I beg to move- THAT Clause 23 of the Bill be amended in subclause (3) by inserting the following new paragraph immediately after paragraph (b) –

Madam Temporary Chairperson, I beg to move- THAT Clause 24 of the Bill be amended by inserting the following new subclause immediately after subclause (5) -

Madam Temporary Chairperson. I beg to move- THAT clause 28 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (c) – (ca) a coding system for all categories of licences issued by the county government. The Temporary Chairperson (Sen. Mumma) : Division will be at the end. Can the Mover approach the Dispatch Box? New Clause 26 (A)

[(Question of the amendment proposed)]

[(Sen. Seki approached the Dispatch Box)]

Thank you, Madam Temporary Chairperson. I beg to move – THAT the Bill be amended by inserting the following new clause immediately after clause 26 - Breach of the Act 26A. A person who contravenes a provision of this Act commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months or to both. be read a Secon…

[(Question of the New Clause 26(A) proposed)]

[(New Clause 26(A) read the First Time)]

[(Question, that the New Clause 26(A)]

[(Question, that the New Clause 26(A)]

Bill proposed) The Temporary Chairperson (Sen. Mumma): Division will be at the end. Clause 2, the Title and Clause 1 (Question that Clause 2, the Title and Clause 1 be part of the Bill proposed) The Temporary Chairperson (Sen. Mumma): Division will be at the end. Where is the Senate Majority Leader? Senate Minority Leader Sen. Madzayo and Sen. (Dr.) Khalwale, kindly approach the Chair.

Madam Temporary Chairperson, I beg to move- THAT Clause 23 of the Bill be amended in subclause (3) by inserting the following new paragraph immediately after paragraph (b) –

Madam Temporary Chairperson, I beg to move- THAT Clause 24 of the Bill be amended by inserting the following new subclause immediately after subclause (5) -

The Temporary Chairperson (Sen. Abdul Haji): Sen. Wamatinga, proceed to move the amendments on behalf of the Chairperson Committee on Agriculture, Livestock and Fisheries. Clause 3

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 3 of the Bill be amended in paragraph (e) by deleting the words “services industry” appearing immediately after the words “in the extension” and substituting, therefore, the word “service”. The Temporary Chairperson : Division will be at the end. Clause 4

[(Question of the amendment proposed)]

[(Sen. Abdul Haji)]

Thank you, Madam Temporary Chairperson. I beg to move – THAT the Bill be amended by inserting the following new clause immediately after clause 26 - Breach of the Act 26A. A person who contravenes a provision of this Act commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months or to both. be read a Secon…

[(Question of the New Clause 26(A) proposed)]

[(New Clause 26(A) read the First Time)]

[(Question, that the New Clause 26(A)]

[(Question, that the New Clause 26(A)]

Mr. Temporary Chairman, Sir, I beg to move – THAT clause 8 of the Bill be deleted and substituted therefor with the following new clause - Functions of the service.

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 10 of the Bill be amended -

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 14 of the Bill be amended in subclause (1) (i) by deleting the word “sector” appearing immediately after the words “players in the” and substituting therefor the word “industry.” The Temporary Chairperson : Division will be at the end. Clauses 15-25 Division will be at the end.

[(Question of the amendment proposed)]

[(Sen. Abdul Haji)]

[(Question, that Clauses 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 be part of the Bill, proposed)]

Madam Temporary Chairperson, pursuant to Standing Order No.153 I beg to move that the Committee of the Whole do report progress on its consideration of the County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) and seeks leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 24 of the Bill be amended in subclause (2) by inserting the words “owned by the incubator and the start-ups admitted to its incubation programme” immediately after the words “intellectual property rights” in paragraph (j) The Temporary Chairperson : Division will be at the end. Clause 25 Division will be at the end.

[(Question of the amendment proposed)]

[(Sen. Abdul Haji)]

[(Question, that Clause 25 be part of the Bill, proposed)]

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 7 of the Bill be amended in sub-clause (1) by inserting the words “in consultation with the Council of County Governors,” immediately after the words “Cabinet Secretary”. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 26 of the Bill be amended by –

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 27 of the Bill be amended –

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 28 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (c) –

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 32 of the Bill be amended by inserting the following new subclause immediately after subclause (2) -

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 33 of the Bill be amended in sub-clause 2 by inserting the following new paragraph immediately after paragraph (k) -

Mr. Temporary Chairperson, I beg to move- THAT, Clause 4 of the Bill be amended by inserting the following paragraphs immediately after paragraph (m) –

Mr. Temporary Chairperson, I beg to move- THAT, Clause 5 of the Bill be amended in subclause 2 (c) by deleting the word “establish” appearing in the introductory part of the subclause and substituting therefor the words “liaise with the Council to maintain”. The Temporary Chairperson : Division will be at the end. Clauses 6,7,8,9,10,11,12, and 13 (Question, that Clauses 6,7,8,9,10,11,12 and

[(Question of the amendment proposed)]

[(Sen. Abdul Haji)]

13 be part of the Bill, proposed) Division at the end. Clause 14

Clause 16

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 16 of the Bill be amended-

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 19 of the Bill be amended-

Mr. Temporary Chairperson, I beg to move- THAT, Clause 26 of the Bill be amended –

Hon. Senators, we are now reporting progress on all the Bills, starting with the County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) . Proceed, the Chairperson, Sen. Abdul Haji.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) and seeks leave to sit again tomorrow.

The Mover, Sen. (Dr.) Khalwale.

Thank you, Mr. Deputy Speaker, Sir. I beg to move that the House do agree with the Committee on the said report.

Who is seconding?

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

The second Bill is The Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) . Proceed, Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) and seeks leave to sit again tomorrow.

The Mover, Sen. Tabitha Mutinda, is not in the House. The Majority Whip, you can move on her behalf.

Thank you, Mr. Deputy Speaker, Sir. I beg to move that the House do agree with the Committee on the said report.

Who is your seconder?

Mr. Deputy Speaker, Sir, I beg to second.

Thank you.

[(Question proposed)]

[(Question put and agreed to)]

Now, we go to The Mung Beans Bill (Senate Bills No.13 of 2022) . Proceed, the Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Mung Beans Bill (Senate Bills No.13 of 2022) and seeks leave to sit again tomorrow.

The Mover.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request Sen. Ogola to second.

Sen. Ogola.

Mr. Deputy Speaker, Sir, I second.

Now, we go to The Start-Up Bill (Senate Bills No.14 of 2022) . The Chairperson, you may proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Start-Up Bill (Senate Bills No.14 of 2022) and seeks leave to sit again tomorrow.

Mover, Sen. Crystal Asige.

Thank you, Mr. Deputy Speaker, Sir. I beg to Move that the House do agree with the Committee on the said report. I call upon Sen. Sifuna to second.

Thank you, Mr. Deputy Speaker, Sir. I second.

[(Question proposed)]

[(Question put and agreed to)]

We move to The Persons with Disabilities Bill (Senate Bills No.7 of 2023) . Chairperson, proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Persons with Disabilities Bill (Senate Bills No.7 of 2023) and seeks leave to sit again tomorrow.

Mover, Sen. Crystal Asige.

Thank you, Mr. Deputy Speaker, Sir. I beg to Move that the House do agree with the Committee on the said report. I call upon Sen. Sifuna to second.

Thank you, Mr. Deputy Speaker, Sir. I second.

[(Question proposed)]

[(Question put and agreed to)]

We move to the last one, The Kenyan Sign Language Bill (Senate Bills No.9 of 2023) . Chairperson proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Kenya Sign Language Bill (Senate Bills No. 9 of 2023) and seeks leave to sit again tomorrow.

Mover, Sen. (Prof.) Kamar.

Thank you, Mr. Deputy Speaker, Sir. I beg to Move that the House do agree with the Committee on the said report. I call upon Sen. Crystal Asige to second.

Sen. Crystal Asige, proceed.

Thank you, Mr. Deputy Speaker, Sir. I second.

[(Question proposed)]

[(Question put and agreed to)]

Clerk, let us move to the next Order.

In the last sitting, Sen. (Dr.) Oburu had a balance of 11 minutes. If he is in the Chamber, he can take advantage of this. If not, any other Senator can contribute to this Motion. Looking at my dashboard, there is no other Senator interested. So, I will request the Mover to reply. Proceed, Sen. Wamatinga.

Thank you, Mr. Deputy Speaker, Sir. I beg to reply to the Motion. Mr. Deputy Speaker, Sir, we are all aware that Kenyans are going through very hard economic times. This is not limited to Kenya alone. It is a global trend where there is a downward trajectory of economic growth. The matters are further complicated by the ever-fluctuating exchange rates and the Dollar swing that is working to the …

good ideas and are courageous, to start a business without a fallback position because they lack title deeds. As it was noted by many Members who contributed to this Motion, it is important that a country moves with the changing times. Majority of the young generation live in the urban setup. They are born and brought up in apartments, which they do not have title deeds for. It is time we redesig…

Next Order.

more than 95 deaths in Shakahola, Kilifi County laid on the Table of the Senate on Thursday, 19th October, 2023.

The Mover of this Motion, Sen. Mungatana who was chairing the Ad Hoc Committee has a balance of 25 minutes. I call upon him to utilize his time.

Thank you, Mr. Deputy Speaker, Sir. I do not intend to use all that time. I had laid the foundation for the recommendations that we came up with as a Committee. I also explained some of the difficulties and challenges we underwent in the process of collecting information and executing our mandate. Having dealt with the foundations, I will now wish to deal with the recommendations that this Commit…

Sen. Tabitha Mutinda, you may have the Floor.

Thank you, Mr. Deputy Speaker, Sir. I rise to second this Motion. I was privileged to be a Member of the Shakahola Committee, an Ad Hoc Committee. As a new Member, I was able to learn a lot in terms of what happens when ad hoc committees are set up. I appreciate all the Committee Members for their team work and the Secretariat who really walked with us through these findings. Mr. Deputy Speaker,…

report of the Deoxyribonucleic Acid (DNA). There were many challenges and delays and all we needed was to get the facts right for us to understand the delay in getting the DNA results. Up to now, there is still delay and relatives are yet to rest their beloved ones. We had a key witness, none other than Paul Mackenzi himself, but we still faced more challenges. When a member of our secretariat te…

With those few remarks, I cannot forget to thank the Deputy Speaker, the Clerk, my Committee, and the secretariat, who put all their efforts into ensuring that we were able to get down and get the facts that were needed. So, at this point, I beg to second.

Thank you, Sen. Tabitha Mutinda. I can see Sen. (Dr.) Khalwale intends to contribute to this. Please, proceed.

[(Question proposed)]

Thank you, Mr. Deputy Speaker, Sir. With a heavy heart, I rise in support of this Motion. I would like to pass my heartfelt condolences to all the victims of this heinous crime. I would like to congratulate the Committee led by the Senator of Tana River County.

Sen. (Dr.) Khalwale, I can see that our time for this session is up. You will have a balance of 19 minutes when we resume the next sitting.