Senate · Afternoon Sitting

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

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

[(The Quorum Bell was rung)]

Thank you, Mr. Speaker, Sir. On behalf of the House, I do join you to welcome this visiting delegation from the Institute of Economic Affairs. I have noted in the past that this is one of the institutions that continue to regularly send their critiques and analysis of Bills that are before this House, especially on economic matters. When I served in the Committee on Finance and Budget, I used to …

Hon. Senators, as you may recall, at the morning sitting of the Senate, held on Wednesday, 18th September, 2024, I directed Sen. Peris Tobiko, MP, to substantiate utterances made in the course of her contribution on a supplementary question to the Cabinet Secretary for Roads and Transport. The direction was as a result of a point of order by the Senator for Uasin Gishu County, Sen. Jackson Mandag…

“If a Senator has sufficient reason to convince the Speaker that the Senator is unable to substantiate the allegations instantly, the Speaker shall require that such Senator substantiates the allegations not later than the next sitting day, failure to which the Senator shall be deemed to be disorderly within the meaning of Standing Order No.121 unless the Senator withdraws the allegations and give…

“If a Senator has sufficient reason to convince the Speaker that the Senator is unable to substantiate the allegations instantly, the Speaker shall require that such Senator substantiates the allegations not later than the next sitting day, failure to which the Senator shall be deemed to be disorderly within the meaning of Standing Order No.121 unless the Senator withdraws the allegations and give…

Thank you, Mr. Speaker, Sir, for the chance. I know the clip that I tabled in this House has evidence. The Maa language can be translated. It is not Greek that cannot be understood by people. There are Kenyans who can translate that.

Sen. Tobiko, I did not give you an opportunity so that you explain yourself. I have already ruled on this matter.

Mr. Speaker, Sir, the people of Kadiajo understand that clip.

There are two things you need to do, Sen. Tobiko; you either withdraw and apologize or sit and I rule that you are disorderly and proceed to ask you to leave the Chamber. So, are you going to withdraw and apologize?

Mr. Speaker, Sir, I presented a clip which has evidence.

Which is not admissible. I have already ruled.

Well, Maasai language is not Greek.

Are you withdrawing or apologizing?

Neither.

Pursuant to Standing Order No.121, Sen. Tobiko, I rule you out of order and ask you to withdraw from the Chamber for the rest of today's sitting.

Hon. Senators, as you may recall, on 24th July, 2024, the Senate passed a Motion on the Current State of the Nation. The Motion was necessitated by the pressing issues that emerged during the nationwide protests, which brought to light significant concerns affecting our nation. The demonstrations highlighted the frustrations surrounding the high cost of living, rampant corruption, and the opulent…

[(Sen. Cherarkey concentrated on his phone in the Chamber)]

Mr. Speaker, Sir, I thank you for the very well-reasoned-out, Communication and update to the House. Just by way of notice, this matter has come up at the Senate Business Committee (SBC) . Senators were concerned about what happened to this very important Motion that we carried the country with when the Senate made discussions. The clarification I am seeking from you is in regard to Standing Orde…

You may still be in process, but we need to know how far you have you gone in the implementation of these resolutions. No chairperson of these Committees will be allowed to transact any business other than this. So, dispense with this business before you give us a report on other businesses that you have been undertaking as a Committee. Proceed, Sen. Boni.

You may still be in process, but we need to know how far you have you gone in the implementation of these resolutions. No chairperson of these Committees will be allowed to transact any business other than this. So, dispense with this business before you give us a report on other businesses that you have been undertaking as a Committee. Proceed, Sen. Boni.

Thank you, Mr. Speaker, Sir, for hearing me out. The clarity I seek is that when you watch proceedings in our courts, the legal philosophy that helps them to make decisions appears to have changed. I now see that videos are admissible. In fact, the courts are now embracing social media to the extent that service to attend court or receive legal notices is admissible on WhatsApp. Mr. Speaker, Sir,…

Proceed, Sen. Sifuna then Sen. Enoch, so that I take them in the same breath.

[(Laughter)]

[(Laughter)]

[(Laughter)]

Sen. Wambua, you may proceed.

Lastly, we woke up this morning to a very scary media report on how police officers are accessing private communication through mobile phones and using that communication to track down people for abduction. That is a very serious matter and it informs the basis of one of the resolutions that we made at that time. We must remind the IG of Police that the right to privacy is a Chapter 4 right under…

Lastly, we woke up this morning to a very scary media report on how police officers are accessing private communication through mobile phones and using that communication to track down people for abduction. That is a very serious matter and it informs the basis of one of the resolutions that we made at that time. We must remind the IG of Police that the right to privacy is a Chapter 4 right under…

Thank you. Hon. Senators, let us make progress on this matter. Allow me to take the clarification as sought by Sen. (Dr) . Khalwale on the videos. Yes, Senator, we have been receiving quite several videos, especially when we are handling impeachment proceedings. However, the difficulty that I had in this instant case, the Tobiko matter, is that the particular video was in the Maa language. If it…

Next Order.

Senate Majority Leader, proceed.

Mr. Speaker, Sir, I rise to give Notice of the following Motion- THAT, AWARE that on 11th July, 2024, pursuant to Article 126

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 long-standing land ownership dispute over the Ol jorai Farm in Eburru/Mbaruk Ward in Gilgil Constituency, Nakuru County. In the Statement, the Committee should-

Let us go to the next Order.

Let us go to the next Order.

Hon. Senators, kindly take your seats. We only need 15 Senators to put the question on this particular matter. Since it is not a matter affecting counties, we do not need the 24 minimum delegates. Sen. Tabitha Mutinda, please, take your seat.

Hon. Senators, kindly take your seats. We only need 15 Senators to put the question on this particular matter. Since it is not a matter affecting counties, we do not need the 24 minimum delegates. Sen. Tabitha Mutinda, please, take your seat.

counsels for county assemblies stand on the dock there and counsels for county governors take the floor are financial management of our resources at the county level. One of the ways in which county assemblies are weakened is by the very basic fact that for them to even just get their salaries, something that is constitutionally and statutory guaranteed. Most time, our MCAs have to sing to the tu…

Madam Temporary Speaker, I must say that is an extortion racket and it must be broken. She has to find the courage and the conviction that is needed of every constitutional officeholder to know that the Constitution never anticipated a scenario where, a public officer will create bottlenecks for constitutional fruits such as devolution. What is so difficult in having this office decentralised, the…

operations of her office so that CECMs do not have to physically travel to Nairobi and stay in her office for two or three weeks trying to get access to funding. That is not what this Constitution expects of that office. Madam Temporary Speaker, each financial year, a county government entity holding appropriated money that was withdrawn from the county exchequer account or the County Assembly Se…

operations of her office so that CECMs do not have to physically travel to Nairobi and stay in her office for two or three weeks trying to get access to funding. That is not what this Constitution expects of that office. Madam Temporary Speaker, each financial year, a county government entity holding appropriated money that was withdrawn from the county exchequer account or the County Assembly Se…

The Senate Majority Leader, you have a maximum of 17 minutes to move the Bill.

Madam Temporary Speaker, I am even concluding because my seconder is here, though I can see the time.

You can finish it within the 17 minutes.

Finally, on 109(e), the county treasury shall at the beginning of every month and in any event, not later than the 15th of the month from commencement of the month, disburse monies to that Fund for the expenditure of the following month. Demanding it by way of constitution and by way of statute, so that nobody is controlled from other avenues. Madam Temporary Speaker, with those remarks, I beg to…

Finally, on 109(e), the county treasury shall at the beginning of every month and in any event, not later than the 15th of the month from commencement of the month, disburse monies to that Fund for the expenditure of the following month. Demanding it by way of constitution and by way of statute, so that nobody is controlled from other avenues. Madam Temporary Speaker, with those remarks, I beg to…

I hereby extend the Sitting by a maximum of 15 minutes to allow the seconder.

Madam Temporary Speaker, I would like to conclude by saying that it is the only fair thing that we can do to our county assemblies. By the time we meet at the next Legislative Summit - I do not know why we have not reported any - we will have something positive to report as having made a significant contribution in making our county assemblies more efficient and perform their constitutionally gran…

Sen. Sifuna, please proceed.

form that the County Executive Committee Member (CECM) responsible for Finance and Economic Planning must sign for you as a Clerk or the leadership of the Assembly to be able to access your funds. We have been told even here in Nairobi City County by our own MCAs that the Form C has been used very punitively by the Executive, where you have to run around the entire country, even the world, lookin…

Madam Temporary Speaker, if my gadget can allow me here, I will read to you the language of the current Bill and understand where the problem is. The current Section 34 of the County Assembly Services Act says: “There shall be paid into the County Assembly Fund, such monies as may in the future be appropriated from the Revenue Fund established for each county.” If you listen to the language that …

Madam Temporary Speaker, if my gadget can allow me here, I will read to you the language of the current Bill and understand where the problem is. The current Section 34 of the County Assembly Services Act says: “There shall be paid into the County Assembly Fund, such monies as may in the future be appropriated from the Revenue Fund established for each county.” If you listen to the language that …

It is Clause 119 (a) .

Hon. Senators, it is now 6.45 p.m., and having concluded the business for which I extended the hours of sitting pursuant to Standing Order No.34 (2) (a) , the Senate stands adjourned until tomorrow Wednesday, 30th October, 2024, at 9.30 a.m. The Senate rose at 6.46 p.m.