Senate · Afternoon Sitting

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

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

[(The Quorum Bell was rung)]

Hon. Senators, I hereby report to the Senate that a Petition has been submitted through the Clerk by Mr. Laban Omusundi on restricting county governments from hiring law firms for legal representation in court cases when the office of the county attorney is established. As you are aware, under Article 119 (1) of the Constitution and I quote- “Every person has the right to petition Parliament to c…

Proceed to present your Petition.

Mr. Speaker, Sir, I hereby present a Petition that has been submitted to the Senate by Mr. Bernard Muchere, CFE, concerning public money stolen to fund the Standard Gauge Railway (SGR) Project. As you are aware, under Article 119 (1) of the Constitution; “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislatio…

Senator for Nandi, you are out of order. Kindly take your seat. Let Sen. Okiya Omtatah be heard in silence. Proceed Senator.

[(Sen. Cherarkey sat at his place)]

Thank you, Mr. Speaker, Sir. I will repeat that.

You could have done that before you started reading it.

I had asked her earlier but then she was not in.

Just struggle and finish. You are doing well.

May I pick my glasses?

Please pick your glasses and conclude. Clerk, proceed to call the next Order. That petition will be finalised on Thursday. Sen. Omtatah, take your petition and have a seat. I will direct you otherwise.

[(Sen. Okiya Omtatah went to his seat to pick his glasses)]

[(Petition deferred)]

Thank you, Mr. Speaker, Sir. I beg to give notice of the following Motion- THAT, AWARE of the crucial role played by indigenous trees in the purification of air and combating of climate change, protection against floods and water pollution, in the field of medicine, nutrition and timber production, among other roles. APPRECIATING that the national Government, through the National Landscape and E…

Next Order.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labor and Social Welfare regarding the mismanagement and poor coordination of participants of the Kenya National Walking Race Team at the World Athletics Race Walking Championships. In the Statement, the Committee should-

Proceed, Senator.

Mr. Speaker, Sir, this is a request for Statement on the operations of Shop & Deliver Limited, trading as Betika. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare, regarding the failure of Shop & Deliver Limited, trading as Betika to pay our winnings in breach of the betting rules. In the Statement, the Committee should-

Sen. Gloria Orwoba.

Thank you, Mr. Speaker, Sir. This is a request for Statement on the ongoing floods situation in Nairobi City County. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations on the ongoing flooding situation in Nairobi City County. In the Statement, the Committee should-

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare on the status of County Pensions Fund for employees of the Kakamega County Government. In the Statement, the Committee should respond to the following-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget concerning the utilization of conditional grants for the Financial Year 2020/2021 in the County of Nyamira. In the Statement, the Committee should-

Hon. Senators, at this juncture, allow me to invoke Standing Order No.45 (2) and rearrange the sequence of today’s Order Paper for the convenience of the House, which is the Division of Revenue Bill (National Assembly Bills No.14 of 2024) . As you are aware, this Bill has timelines. Clerk, I know there are certain Statements that are not in the Order Paper. How many are they? This is so that we c…

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the management of the ongoing countrywide floods and disaster measures and particularly, in Garissa and Tana River Counties. In the Statement, the Committee should-

Clerk, proceed to call Order No. 11.

Githuku, Lamu County; Sen. (Dr.) Khalwale, Kakamega County Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga Cou…

Hon. Senators, we now have the results of the Division and are as follows -

Thank you very much, Mr. Temporary Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (b) to make a Statement on the activities of the Standing Committee on Roads, Transportation and Housing, for the period commencing 1st January, 2024 to 31st March 2024. The Standing Committee on Roads, Transportation and Housing is established under Standing Order No.228 (3) of the Senate Standing Orders…

The petitioner, therefore, sought the intervention of the Senate to have them issued with title deeds for their properties. The committee met and received submissions from the petitioners, Kajiado County Government, Business Registration Service (BRS), State Department for Lands and Physical Planning and Kingdom Bank. The committee is to hold a conclusive meeting with all stakeholders and table a…

Paper, Members will be pleased to see that we have submitted reports for 10 county assemblies and 15 county executives. Mr. Temporary Speaker Sir, during the period, the committee has noted with concern the rising trend of witnesses failing to appear before the committee without justifiable reasons amounting to contempt of Parliament. The committee has flagged the governors of Isiolo and Nairobi …

lack of accountability opens the door to fraud and misconduct. This unethical behaviour undermines the integrity of the payroll system and has resulted in massive financial losses in counties. The committee has since invited the Cabinet Secretary, Ministry of Public Service, Performance and Delivery Management, the Council of Governors (COG); and the County Assemblies Forum (CAF) to deliberate on…

Financial statements prepared under the International Public Sector Accounting Standards (IPSAS) and prescribed by the Public Sector Accounting Standards Board (PSASB) are critical in decision making process in counties as well as accountability. The committee has planned engagements with these professional bodies - the Institute of Certified Public Accountants of Kenya (ICPAK), the Institute of …

Thank you, Sen. M. Kajwang’.

Thank you, Mr. Temporary Speaker, Sir. On behalf of the CPIC, I rise pursuant to Standing Order No.56 (1) (b) to make a Statement on the activities of the committee for the period commencing 1st January to 15th April 2024. During the period under review, the committee had a total of 25 meetings within and outside the precints of Parliament to consider matters within its mandate. The meetings tha…

Thank you, Sen. M. Kajwang’.

Please rush through it to conclude.

Thank you, Mr. Temporary Speaker, Sir. Continuous resourcing of funds has been adversely affected by the delays in Exchequer releases to counties. To address all these issues, the committee has given specific directions in an interim manner as mitigating measures -

Give him 30 seconds to conclude.

Mr. Temporary Speaker, Sir, the committee observed that there is an apparent wastage and misappropriation of public resources in counties. We, therefore,

Thank you, Mr. Temporary Speaker, Sir. Continuous resourcing of funds has been adversely affected by the delays in Exchequer releases to counties. To address all these issues, the committee has given specific directions in an interim manner as mitigating measures -

Give him 30 seconds to conclude.

Mr. Temporary Speaker, Sir, the committee observed that there is an apparent wastage and misappropriation of public resources in counties. We, therefore,

implore the individual Senators to enhance the oversight role through the oversight facilitation. I wish to implore the House and the committees to hold governors to account for public resources under their control, noting that governors are the Chief Executive Officers (CEOs) of counties as per Article 179 of the Constitution. With this, I submit this report on behalf of the Committee on Public…

Thank you, Sen. Osotsi. This brings us to the conclusion on Statements pursuant to---- Sorry for that, we have the last statement pursuant to Standing Order No.56 (1) the Chairperson Committee on Delegated Legislation, Sen. Gataya Mo Fire, proceed to table your report.

Thank you, Mr. Temporary Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement on the activities of the Select Committee on Delegated Legislation for the period commencing 29th January to 31st March, 2024. The Senate Select Committee on Delegated Legislation is established under Standing Order No.195 (1) of the Senate Standing Orders and i…

Thank you, Sen. Gataya Mo Fire. Hon. Members, I will allow a maximum of two Members to comment on statements which have just been presented by the respective Chairpersons, pursuant to Standing Order No.56, as well as those which were earlier on read pursuant to Standing Order No.53. The time to whoever is to comment will be limited to two minutes. I am noticing the Members who have requested to s…

Thank you, Mr. Temporary Speaker, Sir. I will quickly support this statement by the Kakamega Senator. He has also been my mentor in debates here. We need to ensure that the County Government of Kakamega, tells us why they are not remitting the Pension Funds and the National Social Security Funds (NSSF) . Additionally, Sen. (Dr.) Khalwale has asked that the total number of employees at the County…

Very well. Sen. Munyi Mundigi, take the floor.

Asante, Bw. Spika wa Muda. Naunga mkono kamati zilizotuambia vile walivyofanya kazi kwa sababu wamefanya kazi nzuri. Tunajua katika ugatuzi, sisi Maseneta tunafaa tuendelee kufanya kazi ya kusaidia kaunti kupata pesa nyingi ndio kusitokee mambo kama yale yaliyotokea. Tunajua Kaunti nyingi hazina pesa za kutosha. Ndio maana wakati mwengine tunasema, “ni shilingi moja kwa mtu mmoja.” Hii ni kwa sab…

Members, that brings us to the closure of comments on the statements. I ask the Clerk to call the next Order.

Very well. Sen. Munyi Mundigi, take the floor.

Asante, Bw. Spika wa Muda. Naunga mkono kamati zilizotuambia vile walivyofanya kazi kwa sababu wamefanya kazi nzuri. Tunajua katika ugatuzi, sisi Maseneta tunafaa tuendelee kufanya kazi ya kusaidia kaunti kupata pesa nyingi ndio kusitokee mambo kama yale yaliyotokea. Tunajua Kaunti nyingi hazina pesa za kutosha. Ndio maana wakati mwengine tunasema, “ni shilingi moja kwa mtu mmoja.” Hii ni kwa sab…

Members, that brings us to the closure of comments on the statements. I ask the Clerk to call the next Order.

Next Order.

Next Order.

Hon. Members, that was Order No.10. Order No.11 was dealt with earlier on. Order No.12 is the Maternal, Newborn and Child Health Bill, which is on the Second Reading Stage. Since Sen. Ogola is not in, we will defer it to the next reading.

(Motion deferred)

challenge is lateness in submission of documents. Most accounting officers do not realise that this is an offence under the Public Audit Act, the PFM Act and the Constitution when you do not provide documents to the Auditor General (AG) for verification within the timelines prescribed therein. Mr. Temporary Speaker, Sir, my committee is considering giving effect to the Public Audit Act. One day, …

Mr. Temporary Speaker, Sir, this has brought about some feelings that the Senate is overstepping its mandate. I have seen in some cases where some county assemblies have argued that a county assembly and the national Parliament are at the same level in terms of legislative oversight and representation and all the functions that are granted to us in the Constitution. Therefore, the financial matter…

challenge is lateness in submission of documents. Most accounting officers do not realise that this is an offence under the Public Audit Act, the PFM Act and the Constitution when you do not provide documents to the Auditor General (AG) for verification within the timelines prescribed therein. Mr. Temporary Speaker, Sir, my committee is considering giving effect to the Public Audit Act. One day, …

Sen. M. Kajwang’ it is 6.30 p.m. When the House resumes, you will have a balance of 50 minutes to your Motion.