Senate · Afternoon Sitting

Tuesday, 30 May 2023

Session Summary

Senators discussed the upcoming Senate Mashinani visit to Turkana, highlighting the need to assess health services, water scarcity, and economic opportunities such as oil exploration. While expressing strong support for the motion, they also noted persistent challenges like inadequate infrastructure, funding delays, and gender‑related health issues, urging constructive oversight and collaboration with county authorities. Senators debated the need for greater transparency and public engagement, urging that parliamentary business be conducted closer to constituents and broadcast via PBS. They raised concerns about health financing, criticizing the centralisation of donor funds at Afya House and calling for direct transfers to county governors. The session also moved to the second reading of the Employment (Amendment) Bill, highlighting the right‑to‑disconnect and remote‑work provisions. Sen. Lemaletian highlighted Turkana's rich paleontological heritage, unique wildlife and tourism potential while condemning the government's neglect of the north’s resources and development needs. He raised concerns about saline underground water and the high cost of desalination, and urged greater cross‑border trade and the relocation of plenary sessions to marginalized counties. The speech blends praise for the region’s assets with criticism of current policy and calls for inclusive investment.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum?

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

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The Speaker (Hon. Kingi)

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

[(The Quorum Bell was rung)]

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Sen. Cheruiyot

Mr. Speaker, Sir, I welcome the visiting students from Embakasi Girls High School. The school is located in Embakasi Central Constituency and I welcome them to this institution. Young students always get an opportunity to visit us on many afternoons. They learn about the deliberations and how this House transacts its business. It is a few minutes past 2.30 p.m. This House is usually fuller slight…

[(Sen. Dullo spoke off record)]

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The Speaker (Hon. Kingi)

I will allow Sen. Orwoba just one minute to make brief welcoming remarks.

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Sen. Orwoba

Mr. Speaker, Sir, I welcome to the Senate these youthful leaders of tomorrow. As you are in school and focusing on academics, I urge you not to shy away from drama, public speaking and all the co-curriculum activities that can help you to express yourselves. I am telling you this because as you can see here in the Senate, it is a matter of expressing yourself. As much as you are focusing on acade…

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The Speaker (Hon. Kingi)

Clerk, next Order.

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Sen. Cheruiyot

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Tuesday, 30th May, 2023:

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Sen. Cheruiyot

Report of the Auditor-General on the Financial Statements of Busia County Assembly Revolving Fund for the year ended 30th June, 2022. Report of the Auditor-General on the Financial Statements on Busia County Revenue Fund for the year ended 30th June, 2022. Report of the Auditor-General on the Financial Statements of Busia Water and Sewerage Services Company Limited for the year ended 30th June, …

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Sen. Cheruiyot

Report of the Auditor-General on the Financial Statements of Naivasha Water and Sanitation Company Limited for the year ended 30th June, 2022. Report of the Auditor-General on the Financial Statements of County Executive of Nairobi City for the year ended 30th June, 2022. Report of the Auditor-General on the Financial Statements of County Assembly of Nairobi City for the year ended 30th June, 20…

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The Speaker (Hon. Kingi)

Clerk, next Order. Proceed, Majority Leader.

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Sen. Cheruiyot

Mr. Speaker Sir, I rise to give notice of the following Motion -

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Sen. Cheruiyot

THAT, AWARE that the Senate of Kenya is established under Article 93 of the Constitution and its main role, as set out at Article 96 is to represent, serve and protect the interests of the counties and their governments; FURTHER AWARE of the critical role that the Senate plays in the interlinkage between the national and county levels of government, and the need to enhance the interaction between …

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Sen. Cherarkey

Thank you, Mr. Speaker, Sir. I do not know whether I should read the three Statements concurrently and then Members can contribute. The speaker (Hon. Kingi) : Just read the three requests.

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Sen. Cherarkey

Okay, Mr. Speaker, Sir. I stand guided.

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The Speaker (Hon. Kingi)

Sen. Kinyua, there is a difference between the Floor here and the lounge out there. Kindly, I am reminding you.

[(Laughter)]

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Sen. Cherarkey

Mr. Speaker, Sir, you know he is our employer. It is good that you are the one reprimanding him.

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Sen. Kinyua

Asante. Bw. Spika. Ninaunga mkono Kauli ambayo imeletwa na Sen.Cherarkey kuhusu mashirika ambayo yanajihusisha na kuajiri wananchi. Mashirika haya yanapaswa yapigwe msasa na yaangaliwe kwa undani. Mashirika mengine yamekuwa yakijihusisha uporaji, kuwaibia na kuwalaghai wananchi wa Kenya. Kwa hivyo, Serikali inapaswa ishughulikie jambo hili kwa sababu wananchi wengi wamekuwa wakigandamizwa na mash…

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Sen. Kinyua

(UDA) na anazingatia watu walio chini. Ninashukuru na ninasema asante kwa Sen. Cherarkey.

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The Speaker (Hon. Kingi)

Proceed, Sen. Wambua.

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Sen. Wambua

Thank you, Mr. Speaker, Sir, for this opportunity to contribute to a Statement on SFR that has been raised by Sen. Cherarkey. Sen. Cherarkey would benefit from this if he cared to listen. The matter of SFR is a basic, but very important matter for this country and for any nation. Lack of food to a big population of any country is in itself a threat to national security. I have taken note of the …

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The Speaker (Hon. Kingi)

Proceed, Sen. Abass.

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Sen. Abass

Thank you, Mr. Speaker, Sir. I beg to support the Statement by the Senator for Nandi. I know that is where there is a lot of maize. Therefore, he is also arguing for his farmers. This country has been experiencing food shortage and drought. Therefore, we need to have a serious food reserve. In other countries like Europe and the United States of America (USA) and all those places, ice covers the …

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The Speaker (Hon. Kingi)

Proceed, Sen. Kavindu Muthama.

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Sen. Kavindu Muthama

Thank you, Mr. Speaker, Sir, for giving me this opportunity to contribute to the Statement by Sen. Cherarkey about the agents that take our people outside the country. Mr. Speaker, Sir, this is a very timely Statement. I pray that the Committee that will take up this Statement will go further and check on how these girls are taken from here. If they can also be trained on how to go and stay there…

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The Speaker (Hon. Kingi)

Proceed, Sen. Mbugua.

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Sen. Mbugua

Thank you, Mr. Speaker, Sir. I rise to support the Statement by the one and only Senator for Nandi on labour migration. Kenya has a lot of potential to make a lot of money from exporting labour. However, since the sector is not well regularized, we have all the problems that arise when our young people go out there. It is worth noting that a country like Philippines gets remittances of about US$…

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The Speaker (Hon. Kingi)

Sen. Madzayo, you may have the Floor.

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Sen. Madzayo

Asante, Bw. Spika. Kwanza, nampatia kongole ndugu yangu kwa kuleta hii Taarifa wakati huu ambao unafaa. Tunaelewa kwamba watoto wetu wengi wanaenda kutafuta mapato katika nchi za ughaibuni. Mara nyingi wakiondoka hapa, huwa tunajua anwani zao na namba za simu zao za mkono. Hata hivyo, mara tu wanapofika kule, huwa ni shida sana kuwafikia. Tumekuwa na vifo katika utendakazi wao na kupoteza maisha. …

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Sen. Madzayo

Bw. Spika, ni muhimu kwa hii Kamati yetu, mimi nikiwa mmoja wa wanakamati, kuangazia suala hili. Namuona Mwenyekiti wangu yuko pale. Naomba kwamba suala hili liwajibikiwe isawasawa. Ikiwezekana, mpatie ruhusa Kamati hii iweze kuambatana na hata aliyeleta Hii Statement hapa ili kuangalia masuala haya kwa kina. Tunataka kujua kwa nini watoto wetu wakienda nchi za Uarabuni wanapata tabu kuliko nchi z…

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The Speaker (Hon. Kingi)

Sen. Kisang, you may have the Floor.

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Sen. Kisang

Thank you, Mr. Speaker, Sir. I rise to support the Statement by Sen. Cherarkey. On the issue of SFR, I know that since 1970s until recently when they suspended SFR, the number of bags of maize that they used to store was about two million a year. As soon as the Committee does its job and SFR is revived, they need to increase the number of bags in the SFR. This is because if they maintain the two m…

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The Speaker (Hon. Kingi)

Sen. Mumma, you may have the Floor.

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Sen. Mumma

Thank you, Mr. Speaker, Sir, for the opportunity to contribute to the statements of Sen. Cherarkey; one on the Private Employment Agencies and the one one on the SFR.

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Sen. Mumma

On the issue of SFR, this was established in good faith. It is an issue, which Parliament should insist that the Executive delivers. Before we can have a food reserve to speak off as a nation, we need to begin from the basics. Where is the food to be reserved? Do we want that food to come from out or can it come from Kenya? We need to go back to the basics and discuss how best we can support our …

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Sen. Tabitha Mutinda

Thank you, Mr. Speaker, Sir. I rise to support the Statement by Sen. Cherarkey in regards to the issue of employment agents. Mr. Speaker, Sir, I want to state that personally, I had also written to the National Industrial Training Authority (NITA) requiring the curriculum that these agencies offer. I am happy that Sen. Cherarkey has been able to pick out that the institutions’ licenses have expir…

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The Speaker (Hon. Kingi)

Next Order. Hon.Senators, I shall proceed to re-arrange the sequence of today’s Order Paper pursuant to Standing Order No. 45 (2) . We will move to prosecute Order No.12 in today’s Order Paper. Thereafter, I will guide you accordingly. Clerk, kindly proceed to call Order No.12. Senate Majority Leader, proceed.

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The Temporary Speaker (Sen. Wakili Sigei)

Second Reading

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Sen. Cherarkey

Thank you, Mr. Temporary Speaker, Sir. I rise to move the Employment (Amendment) Bill (Senate Bills No.11 of 2022) . This is the famous Bill. This Bill has been covered by many international media houses. I have received calls. This is the moment and I want to---

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Cherarkey, just go ahead and properly move the Bill as it appears in the Order Paper.

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Sen. Cherarkey

Mr. Speaker, Sir, I rise to move that the Employment (Amendment) Bill (Senate Bills No. 11 of 2022) , be now read a Second Time. Mr. Temporary Speaker, Sir, I want from the onset, to say that at some point there has been a lot of misinformation regarding this Bill in the media and many other places. This is the Bill called the right to disconnect. Many people did not know the value of remote work…

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Sen. Cherarkey

note, the reason Kenyans did not give them the votes is that they imagined wataenda kupiga sherehe kila siku. When many young people saw this Bill, they thought ni kupiga sherehe because from Friday to Monday, your employer is not supposed to call you. I saw many funny things on social media about this Bill. However, critical care services such as doctors, nurses and many others are on call. It i…

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Sen. Joe Nyutu

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

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The Temporary Speaker (Sen. Wakili Sigei)

What is your point of order, Sen. Joe Nyutu?

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Sen. Joe Nyutu

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No. 41 about quorum. I bring to your attention that we do not have enough numbers in the House to raise a quorum. I beg that you look into that matter.

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The Temporary Speaker (Sen. Wakili Sigei)

Clerk, kindly confirm the quorum of the House.

[(The Quorum Bell was rung)]

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, pursuant to Standing Order No.41 (2) (a) , and there being no quorum, the Senate stands adjourned until tomorrow, 31st May, 2023, at 9.30 a.m. The Senate rose at 6.25 p.m.