Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Hon. Senators, we do have quorum. Clerk, kindly proceed to call the first Order.

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

[(The Quorum Bell was rung)]

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Tuesday, 29th July 2025- Special Audit Report of the Auditor-General on Payroll Management for the Migori County Executive. Special Audit Report of the Auditor-General on Payroll Management for the Kisii County Executive. Special Audit Report of the Auditor-General on Payroll Management for the Nyandarua Count…

Special Audit Report of the Auditor-General on Payroll Management for the Kirinyaga County Executive. Special Audit Report of the Auditor-General on Payroll Management for the Murang’a County Executive. Special Audit Report of the Auditor-General on Payroll Management for the Uasin Gishu County Executive. Special Audit Report of the Auditor-General on Payroll Management for the Turkana County E…

Special Audit Report of the Auditor-General on Payroll Management for the Kwale County Executive. Special Audit Report of the Auditor-General on Payroll Management for the Kilifi County Executive. Special Audit Report of the Auditor-General on Payroll Management for the Kajiado County Executive. Special Audit Report of the Auditor-General on Payroll Management for the Narok County Executive. S…

Proceed, Vice-Chairperson, Committee on Finance and Budget.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 29th July 2025- Report of the Standing Committee of Finance and Budget on the Consideration of the County Wards Equitable Development Bill.

[(Sen. Tabitha Mutinda laid the document on the Table)]

Next Order.

Thank you, Mr. Speaker, Sir. I rise to request a Statement on the increasing cases of county-employed medical practitioners engaging in private medical practice. Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee of Health on a matter of national concern on the deteriorating state of healthcare service delivery in counties due to public m…

Next Order.

the month of September in every Session of the 4th Senate, except during an election year with the objective to-

Do we have the requisite quorum? What is your intervention, Senate Majority Leader?

Mr. Speaker, Sir, I have pressed for an intervention because I hope in keeping up with traditions of the House, you will kindly allow us to make comments on the statements.

Which Statements?

There is one by Sen. Cherarkey, unfortunately---

No. It has not been asked---

That is why I was trying to catch your attention also. I want to notify you that Sen. Cherarkey is walking in. You may permit him.

Let him make his plea.

Mr. Speaker, Sir, with your indulgence and under Standing Order No.1, can you allow me to read my Statement?

Proceed, Senator for Nandi County.

[(Interruption of debate on Motion)]

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education on a matter of countywide concern regarding the improper disqualification of St. Michael's Terige Boys

High School and Kimwani Secondary School from 2025 Nandi County Secondary School Sports Competition. The two schools participated in the Kenya Secondary School Sports Association (KSSSA) football competitions and emerged as champions and runners-up at the county level, having successfully qualified through ward and sub-county levels. However, they were later disqualified on grounds of non-complia…

Before we proceed to the next Order, I will now put the Question on the Motion. Next Order. Yes, Senate Majority Leader.

[(Question put and agreed to)]

Mr. Speaker, Sir, I beg your indulgence. If you look at the Order Paper this afternoon - perhaps colleagues should bear and listen to what I am saying because it involves the House - we have six reports from the various committees on petitions that are before us. Ordinarily, these are reports of petitions, meaning a citizen has requested the House to look into something, the Committee has done tha…

With your permission, would I be in order if I request the Chairpersons of these Committees who are bringing reports to the House to move the reports, be seconded and we conclude on that matter? This is so that we can conclude on all the six reports on petitions. They are not Bills or matters that you would say will be protracted in a debate in any way or the other. We have the Standing Committee…

What is your request?

Mr. Speaker, Sir, the request is that the Chairpersons to move the reports, we second and expedite generally this business without a lot of debate into it. There are six Motions and there is no way of considering all of them together. You have to move a Motion, second it and pass. We have the requisite quorum to pass the Motions. These are reports to petitions.

Then the Motion to be moved, be seconded, then I will proceed to propose the question. You may then make that request at that particular time to limit time and also go further and limit the number of Senators to speak to that; that is if the House is in agreement. Call the next Order. The Chairperson Standing Committee on JLAHRC, proceed.

Mr. Speaker, Sir, I beg to move the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of a Petition to the Senate by Mr. Bakari Halifan Munge and three other residents of Kwale County regarding the implementation of an award by the Environment and Land Court for compensation to and resettlement of the owne…

This led to the petitioners filing suits at the ELC Court and the court, which was sitting then, ruled in their favour and directed the Government to pay a compensation of Kshs170 million to the petitioners and further, facilitate their resettlement. Mr. Speaker, Sir, as I speak today being the 29th July, 2025, it is sad to say that nothing has been done. These people from these particular villag…

compensated. I have not heard even the Senator who is seated here next to me, making noise about this. They are not inputting anything on this Petition even when we went down to do this forum. It just so happens that I am a member of the JLAHRC and by sheer luck that Sen. Chimera sits in this Committee. I had a chance to listen through and walk through with them yet they have leaders elected to t…

Thank you, Mr. Speaker, Sir. As I rise to second this Motion, it is an honour coming from one of our distinguished in-laws because we have few. I can confirm that he is doing a good job both at home and away. Mr. Speaker, Sir, I am looking at the recommendations arising from this Petition. I can see the future of the distinguished nominated Senator from Kwale County, Sen. Chimera, is very bright.…

I thank the JLAHRC for this splendid work. I am happy they are following in the footsteps of what I did as the former chairperson of JLAHRC in the last session. I agree that court orders must be followed. Court orders are not love letters. Court orders are not given for the sake of it. They are not issued by a court of law in vain. Mr. Speaker, Sir, I request that the necessary individuals must a…

Multinationals have taken over our land and the NLC is doing nothing about it. If you ask them, they do not care. They will tell you that they registered their title deeds in Mombasa or Nairobi Land Registry. Even as I exit on this matter, we must continue to have a conversation on the issue of historical land injustices where multinationals grow tea. This issue of land cannot be taken lightly. M…

Hon. Senators, I will now proceed to propose the question. Now, the Floor is open for debate. The Senate Majority Leader, what is your intervention?

[(Question proposed)]

Mr. Speaker, Sir, I had requested the House to allow us consider the six reports on Petitions from various committees. Ordinarily, the committees have done their bit and will be filing back the response to the petitioners on what their findings from the committees are.

Given that these reports are time-bound by our own Standing Orders and by statutory expectation, the request is that we process them in the manner that we have done this, so far. Once moved and seconded, we put the question and hear the rest of the petition reports as well.

Hon. Senators, there is a request made by the Majority Leader that owing to the fact that we have a number of these reports that require our consideration, after a report has been moved by way of a Motion and seconded, we proceed to put the question. Is that the mood of the House?

Yes

[(Applause)]

Thank you, Hon. Speaker, Sir. I beg to move the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of a Petition to the Senate by Mr. Laban Omusundi regarding the introduction of a framework for recalling nominated Members of the County Assemblies (MCAs) , laid on the Table of the Senate on Wednesday, 28th…

Who is seconding?

I request Sen. Veronica Maina, who is a Member of the Committee, to second the Motion.

Thank you, Hon. Speaker, Sir, for giving me the opportunity to second the Report that has been presented to this House. I second the Motion.

[(Loud consultations)]

Order, Hon. Senators. The Motion having been seconded and aware of the resolution that we have just passed--- The Senate Majority Leader, kindly take your seat. I will straight away proceed to put the question. However, before I do so, allow me to propose the Motion, then proceed to put the question as our procedures demand.

[(Sen. Cheruiyot stood in his place)]

Next Order.

Mr. Speaker, Sir, I beg to move the following Motion- THAT the Senate adopts the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on a Petition to the Senate by Ms. Christine Njoki Mweru regarding incomplete investigations and failure to arrest and prosecute suspects involved in the abduction and disappearance of Mr. Joshua Gichuki Mwangi laid on the Table of the Senate …

Thank you, Hon. Speaker, Sir, for the opportunity. I do hereby second the Report that has been presented to the House by the Chairperson of the Committee on Justice, Legal Affairs and Human Rights.

[(Sen. Cherarkey stood in his place)]

Senator for Nandi County, take your seat. Now, following the resolutions made earlier, I will proceed to put the question.

[(Question proposed)]

[(Question put and agreed to)]

Next Order.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to give this Report. I beg to move the following Motion-

THAT the Senate adopts the Report on the Standing Committee on Labour and Social Welfare on a Petition to the Senate by Mr. Lawrence Ndutu on behalf of one hundred and twenty-five (125) other former employees of Kenya Breweries Limited concerning the failure by the Kenya Breweries Limited, Kaplan and Stratton Advocates and Harrison Kinyanjui Advocates to pay compensation awarded to the Petitioners…

Mr. Speaker, Sir, I hereby second this report. The Committee had an opportunity of interrogating many stakeholders, particularly the advocates, Kaplan and Stratton and Harrison Kinyanjui. We found that these employees from Kenya Breweries Ltd. had a right to be paid their one month's salary plus an award of Kshs9 million by the court. The Committee recommended that this money be paid within the s…

Senator for Nandi, take a seat.

[(Question proposed)]

[(Question put and agreed to)]

[(Interruption of debate on Motions)]

Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon, of visiting teachers and students from Tabaka Girls Primary and Junior School in Kisii County. The delegation comprises 33 teachers and 168 students who are in the Senate for a one-day academic exposition. In our usual tradition of receiving and welcoming guests to Parliament, I extend a warm welcome to …

Thank you, Mr. Speaker, Sir, for giving me the opportunity to recognize the presence of Tabaka Girls Boarding School. It is a Catholic school which comes from South Mogirango Constituency. Historically, Tabaka has been a school of excellence in Kisii. They also do have a very big hospital in the same Tabaka place basically within the family of the Catholic Church.

Girls, I wish you well. I am happy that you are here. Where I am standing, I am unable to lift my head, so that they can see me. However, I am sure they can hear my voice. I welcome you to the Senate. It is a place where you come and learn everything. Once you are done, I will buy you a cup of tea. I will welcome another leader in our delegation from Kisii County, a lady called Okenyuri. You know…

Next Order.

[(Resumption of debate on Motions)]

Next Order.

[(Resumption of debate on Motions)]

The Chairperson, the Senate Standing Committee on Justice, Legal Affairs and Human Rights (JLAHRC) , please, proceed.

County that sort of directed most of the public participation engagements. That particular matter is one of the cases that the Committee engaged with in coming up with these various areas. The areas which we picked for purposes of consideration that fed into our resolution are gaps identified by the matters litigated in various court sessions. These were challenges which requires various improvem…

County that sort of directed most of the public participation engagements. That particular matter is one of the cases that the Committee engaged with in coming up with these various areas. The areas which we picked for purposes of consideration that fed into our resolution are gaps identified by the matters litigated in various court sessions. These were challenges which requires various improvem…

Parliament have been negated or rendered null because of poor public participation. With this framework, it will settle a few issues that have moved against the enactment of Bills or caused Bills to be rendered nugatory. It will now make it clear that when quality public participation is conducted before any Bill is passed, then it will pass the test of being acceptable even to the citizens upon w…

Parliament have been negated or rendered null because of poor public participation. With this framework, it will settle a few issues that have moved against the enactment of Bills or caused Bills to be rendered nugatory. It will now make it clear that when quality public participation is conducted before any Bill is passed, then it will pass the test of being acceptable even to the citizens upon w…

Sen. Mwaruma, what is your intervention?

Sen. Mwaruma, what is your intervention?

Sorry, Mr. Speaker, Sir, I have been informed that you had passed some resolution, but you know public participation is an extremely important agenda in this House and for Kenya. I thought that maybe, you could have one or two comments because when I heard the Chairperson of the JLAHRC saying we should throw this agenda of coming up with a law on public participation to the Attorney General. Why …

Hon. Senator, our resolution has been passed by this House that immediately a report by way of a Motion is moved and seconded, we straightaway go to putting of the question. So, we are bound by the resolution of the House. Next Order. The Chairperson Standing Committee on Devolution ant Intergovernmental Relations, please, proceed.

Thank you, Mr. Speaker, Sir. As I rise to second, I wish to thank the Committee Chairperson, Sen. Abass, and the distinguished Members of the Devolution and Intergovernmental Relations Committee. The intention and aim of devolution was to promote efficiency, development and commitment in the utilisation of resources. Secondly, is to ensure that the law is upheld. What happened in Garissa is very …

[[The Speaker (Hon. Kingi) left the Chair] [The Deputy Speaker (Sen. Kathuri) in the Chair]]

Thank you, Mr. Speaker, Sir. As I rise to second, I wish to thank the Committee Chairperson, Sen. Abass, and the distinguished Members of the Devolution and Intergovernmental Relations Committee. The intention and aim of devolution was to promote efficiency, development and commitment in the utilisation of resources. Secondly, is to ensure that the law is upheld. What happened in Garissa is very …

[[The Speaker (Hon. Kingi) left the Chair] [The Deputy Speaker (Sen. Kathuri) in the Chair]]

Garissa County Government led by Governor Nathif Jama must be called to order. How can they have 10 CECMs and 30 Chief Officers? It is not even justifiable. We need to see the justification why you need 30 chief officers against 10 CECMs. This is bad manners that we discourage counties from. In conclusion, I was chit-chatting with a number of Members of the National Assembly who are my protégées …

Garissa County Government led by Governor Nathif Jama must be called to order. How can they have 10 CECMs and 30 Chief Officers? It is not even justifiable. We need to see the justification why you need 30 chief officers against 10 CECMs. This is bad manners that we discourage counties from. In conclusion, I was chit-chatting with a number of Members of the National Assembly who are my protégées …

Just a minute, Sen. Cherarkey. What is your point of order, Sen. Wakili Sigei?

Mr. Speaker, I rise pursuant to Standing Order No.92. I do not know whether you heard Sen. Cherarkey speaking in a language that does not belong to this House.

What did he say?

Mr. Deputy Speaker, he said, atare. That is not a language of this House.

I thought that is Nandi English. You know, sometimes it is the way he pronounces some English words.

Mr. Deputy Speaker, Sir, with your indulgence, I ---

Any time you use any other language, then you must explain what you have said.

of the counties. Garissa County Government must be called to order. They must follow the law, so that they do not risk the impeachable offences under Article 181 of the Constitution of Kenya, 2010. With those many remarks, I beg to second.

of the counties. Garissa County Government must be called to order. They must follow the law, so that they do not risk the impeachable offences under Article 181 of the Constitution of Kenya, 2010. With those many remarks, I beg to second.

Sen. Catherine Mumma, proceed.

Hon. Temporary Speaker, I beg to move that the Tobacco Control (Amendment Bill) (Senate Bills No.35 of 2024) be read a Second Time. The Tobacco Control (Amendment Bill) 2024 had its First Reading in the Senate on 6th August, 2024. It was then assigned to the Committee on Health, which had 30 days to process the report as per Standing Order No.148. It should have been tabled on or about 7th Septemb…

Sen. Veronica Maina.

Now we have e-cigars in the market being sold online undeterred and uncontrolled. They are purchased by anybody from 10 years. How shameful can that ever get? I am happy that this Tobacco Control (Amendment) Bill is going to ensure that those products are not sold online, especially the ones that have nicotine. Nicotine has cancer- causing elements such as ammonia, chromium, formaldehyde, nickel, …

Now we have e-cigars in the market being sold online undeterred and uncontrolled. They are purchased by anybody from 10 years. How shameful can that ever get? I am happy that this Tobacco Control (Amendment) Bill is going to ensure that those products are not sold online, especially the ones that have nicotine. Nicotine has cancer- causing elements such as ammonia, chromium, formaldehyde, nickel, …

Hon. Senators, I will now propose the question.

[(Question proposed)]

Mr. Temporary Speaker, Sir, the second point, which we deliberated on earlier today is the issue of flavours. You will allow me to use the right Swahili word in this matter. Sen. Mumma has said that in China there are no flavours. That, in China the regulations are stricter, but here they are not strict. It is like when you do away with the flavours it is like smoking what we used to call kiraiko …

Mr. Temporary Speaker, Sir, the second point, which we deliberated on earlier today is the issue of flavours. You will allow me to use the right Swahili word in this matter. Sen. Mumma has said that in China there are no flavours. That, in China the regulations are stricter, but here they are not strict. It is like when you do away with the flavours it is like smoking what we used to call kiraiko …

Sen. Olekina, I would love to have you conclude your comments on this particular Bill tomorrow when we resume. You still have 11 minutes to dissect and align with the Bill from Sen. Mumma.