Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

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

[(The Quorum Bell was rung)]

Hon. Senators, I am told we do have quorum now. Kindly take your seats. Clerk, you may proceed to call the first Order.

Thank you, Mr. Speaker, Sir. On behalf of the House, I wish to extend a warm welcome to the delegation from the Centre for Pan-African Affairs -USA Chapter, who are visiting with us this afternoon. I hope that in the course of this afternoon, they will get to enjoy the robustness of our debate if there shall be one, though you can never promise, but you must always anticipate because this is a Ch…

Next Order.

both Houses by the party or coalition of parties forming the national Government, of whom at least two shall be women. Whereas, following the resignation of Sen. John Kinyua, MP, from the PSC, Sen. Wahome Wamatinga, MP was nominated to fill the vacancy occasioned by the said resignation. Further, whereas in accordance with the provisions of Article 127, Sub-Article 2(c) of the Constitution, by a…

Thank you, Mr. Speaker, Sir. I have a personal Statement on the recurring challenges in the miraa sector in the Somali market and other related issues. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of regional and national concern; namely the persistent challenges facing the miraa sector, particularly the ongoing crisis in the Somali market and the broader implicatio…

income. The drastic price reduction is the latest symptom of a sector plagued by mismanagement, inadequate support and the unchecked influence of cartels who continue to profit from the exploitation of farmers. As a result, the economic future of these farmers are in jeopardy, with many unable to meet basic needs due to the collapse of miraa prices. The Federal Government of Somalia's decision t…

Mr. Speaker, Sir, the negotiations with Somalia to increase miraa market quotas have been ongoing for years. However, there is very little progress to show for these efforts. The Government must provide an update on the status of these negotiations, including the progress made in reopening closed miraa markets and the specific steps being taken to diversify export markets beyond Somalia. Over-rel…

Hon. Senators, before we proceed for the request for statements pursuant to Standing Order No.53 (1) , allow me to make a communication. I would like to acknowledge the presence, in the Speaker's Gallery this afternoon, a visiting delegation from the Centre for Parliamentary Studies and Training (CPST) . The CPST is conducting training on evidence-based report writing for members of staff from t…

Sen. Faki, present your Statement pursuant to Standing Order No.53 (1) .

Asante, Bw. Spika, kwa kunipa fursa hii. Nimesimama kwa mujibu wa Kanuni Ya Kudumu No.53 (1) ya Kanuni za Seneti kuomba kauli kutoka kwa Kamati ya Leba na Ustawi wa Jamii, kuhusu kucheleweshwa kwa malipo ya uzeeni ya wafanyikazi wa Shirika la Kenya Aerotech, waliostaafu. Bw. Spika, katika kauli hiyo-

Proceed, Sen. Orwoba.

Thank you, Mr. Speaker, Sir, for the indulgence. Sen. Seki has left on exigences of duties. Allow me to read on his behalf his two statements. I will read them concurrently.

Sen. Crystal Asige, please proceed.

Thank you, Mr. Speaker, Sir. I am in a bit of a quagmire, if you will allow me. I had put through a Statement, but unfortunately, I have not received the soft copy of it, even though I had requested for it to be handed over to me before this particular moment. So, I cannot read it before the House today. Mr. Speaker, Sir, I would request you, kindly if you would allow, to have another Senator re…

Clerk, can a soft copy be availed to the hon. Senator so that she can proceed to request for her Statement, if possible?

Thank you, Mr. Speaker, Sir, for giving me this opportunity. Before I read my Statement, I would like to take it upon myself to thank the Pan- African team that has come from the United States of America (USA) . It is quite interesting and wonderful to see all of you because I went to school in the USA. I used to dream that I would come back here to participate in trying to change my country. I am…

especially in the critical ecosystems such as Karura Forest, the Maasai Mara, Kisii County, Homa Bay County, Migori County, Trans Nzoia County, Kakamega County, Uasin Gishu County and Siaya County. Kenya's forests are under significant threat due to illegal logging being done by Chinese companies who are encroaching and basically unsustainably cutting down our forests. Mr. Speaker, Sir, despite …

Sen. Joseph Githuku, please proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to request a statement from the Standing Committee on Health regarding the supply of pharmaceutical supplies to hospitals in Lamu County for the financial year 2023/2024. In the statement, the committee should-

Sen. Crystal Asige, proceed.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to table this Statement and just a note to the clerk's table. Kindly, I am a person with a disability. I do need a little bit more time to process things. It is not just a matter of me picking up a paper and reading it out loud. So, I would appreciate it if you could give me a reasonable adjustment and time to access my own statements.

Thank you, Sen. Crystal Asige. Before I allow comments on those statements, hon. Senators, allow me to read this message from the National Assembly. Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No. 46 (3) , I did receive the following Message from the Speaker of the National Assembly regarding the approval by the National Assembly of the mediated version of the Di…

Hon. Senators, as you are aware, the Senate, on Thursday, 28th November, 2024, also passed and approved the mediated version of the Division of Revenue Amendment Bill, National Assembly Bills No. 38 of 2024. Accordingly, the Bill, having been passed by both Houses, will be referred to His Excellency the President for assent and pursuant to Article 113(3) of the Constitution. Thank you, hon. Sena…

Mr. Speaker, Sir, allow me to take one minute to congratulate the Namibian team on the successful election they held this November. They have their first woman president, something that we, in Kenya, are still struggling with. You also know that there were elections in the USA. I had occasion to visit the Democratic National Convention in Chicago. I want also to take this opportunity to welcome t…

Sen. Kisang, you have the Floor.

Mr. Speaker, Sir, I also want to comment on the Statement by the Senator for Meru. The majority of the people from Igembe and Tigania depend on the cash crop called miraa. People have gone to school and they are leaders. We request the relevant department to speed it up, so that the great people of Meru continue to get markets to sell their crops. Maybe it is also important that we tell the peopl…

know why governors are not partnering with the Kenya Medical Supplies Authority (KEMSA) so that it supplies drugs even when they do not have the resources. Mr. Speaker, Sir, today we are going through the issue of revenue. There is a huge debt owed to KEMSA by the counties. I think that is the reason they are not willing to extend more credit to the counties. I thank you.

Let us now listen to

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46 (3) --- Hon. Senator, you may take your seat. I received the following Message from the Speaker of the National Assembly regarding the passage by the National Assembly of the Coffee Bill (Senate Bills No.10 of 2023) . The Message dated Friday, 29th November, 2024, was received in the Office of the Clerk of the Sen…

[(Sen. Cherarkey sat at his place)]

Mr. Temporary Speaker, Sir, I would like to start by thanking the Senate. Under Article 96 of the Constitution, the role of the Senate is to protect devolution. One of the ways of doing so is by creation of legislative interventions to ensure that we continue nurturing devolution in this country. Mr. Temporary Speaker, Sir, this County Assemblies Pension Scheme Bill is a clear milestone. You will…

Hon. Senators, for purposes of record, we have rearranged the Order Paper so that we go to Order No.18 for the convenience of the House. I can see Senators who want to contribute. We will start with Sen. Cherarkey.

I was in Kapsabet County Referral Hospital and it is in a pathetic condition. I hope the National Environmental Management Authority (NEMA) should close that hospital. What I witnessed after I left Vihiga County, I drove immediately to the Kapsabet County Referral Hospital; that place smelled like death. The filth and the dirt where Governor Sang has run down completely that hospital. It cannot e…

You saw that the County Assembly went into sine die; it is very unfortunate. I want to thank the 19 MCAs, led by Kapsabet Ward MCA, who did an Ad Hoc report. You see on the paper in Kapsabet, that the project is complete, but the background vitu ni different. You go to the Kakiptui dispensary, somewhere in the Mosul sub-county; A Kakiptui dispensary was constructed with Kshs450,000. The governor’…

[(Laughter)]

I was in Kapsabet County Referral Hospital and it is in a pathetic condition. I hope the National Environmental Management Authority (NEMA) should close that hospital. What I witnessed after I left Vihiga County, I drove immediately to the Kapsabet County Referral Hospital; that place smelled like death. The filth and the dirt where Governor Sang has run down completely that hospital. It cannot e…

You saw that the County Assembly went into sine die; it is very unfortunate. I want to thank the 19 MCAs, led by Kapsabet Ward MCA, who did an Ad Hoc report. You see on the paper in Kapsabet, that the project is complete, but the background vitu ni different. You go to the Kakiptui dispensary, somewhere in the Mosul sub-county; A Kakiptui dispensary was constructed with Kshs450,000. The governor’…

[(Laughter)]

I think the reason Governor Ole Ntutu, flies around in a chopper is because he has not made roads. There are no roads and the only way he will fly around is by a chopper. I normally see him and the Senator driving at night, not because he wants to function at night, but because the roads are impassable and he gets stuck all the time. Mr. Temporary Speaker, Sir, the Members of the County Assembly …

have financial autonomy, pension scheme, improved salaries, welfare and emoluments for MCAs, then they do not do proper oversight. I am speaking to all MCAs from Nandi, Bomet, Kericho, Narok, Lamu, Embu, Kirinyaga, Siaya, Homa Bay Counties and all the counties, including Turkana County, where a form four graduates is giving out drugs and the Health Committee of Turkana County Assembly cannot go a…

Thank you, Sen. Cherarkey. The particular project you referred to in Bomet County is called Ulusik. The Governor, on national Television (TV) and radio, told the people that it was completed. This project is in Mutarakwa Ward, Bomet Central Constituency where over Kshs4 million went to waste. Hon. Members, I now invite Sen. Olekina to make his contributions to this particular Bill.

Thank you, Mr. Temporary Speaker, Sir. On a lighter note, I was trying to follow the contribution of my colleague, Sen. Cherarkey, and I was a bit confused because I did not know whether this Bill would now give Members of County Assemblies (MCAs) or the county assemblies money. He said you should not be waiting for County Executive Committee Members (CECMs) to give you money. He also continued to…

I would like to beseech the Senate Majority Leader that as we debate this Bill, we should also put some form of discipline in this issue of pension schemes---

Order Sen. Githuku.

(LAPTRUST) or Local Authorities Provident Fund (LAPFUND), how is that set amount of money determined, yet, these schemes are busy investing? We should come up with a scheme whereby, we are able, and I will bring up a Statement here or a Motion to investigate these retirement schemes to see how many members they have. For instance, if you have 10,000 members, how are you paying these 10,000 member…

I wish that the Senate Majority Leader would expound on this section. It should state that the authority shall take cognisance of the fact that sometimes the exchequer delays in remitting the money. I can see the time is running up, and you are trying to eat into my time. But it is okay. I wish that, my dear friend will, on this particular last sentence, which I am going to try and highlight, whe…

(LAPTRUST) or Local Authorities Provident Fund (LAPFUND), how is that set amount of money determined, yet, these schemes are busy investing? We should come up with a scheme whereby, we are able, and I will bring up a Statement here or a Motion to investigate these retirement schemes to see how many members they have. For instance, if you have 10,000 members, how are you paying these 10,000 member…

I wish that the Senate Majority Leader would expound on this section. It should state that the authority shall take cognisance of the fact that sometimes the exchequer delays in remitting the money. I can see the time is running up, and you are trying to eat into my time. But it is okay. I wish that, my dear friend will, on this particular last sentence, which I am going to try and highlight, whe…

Thank you, Sen. Olekina. Hon. Senators, there being no other Member desirous of contributing to this particular Bill, I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I really appreciate colleagues who have taken time to speak to this Bill. They have talked about how we can better manage the pension schemes of our county assemblies. Sen. Ledama, you raised valid concerns about what we do with our pension funds both for county assemblies and public servants. They are managed under something called superannuation. There is an Act for …

We are just trying to ensure that the same way when you and I eventually retire from this House, because you have served your second term, Sen. Ledama, one day you will earn a pension. At least you will have some comfort. We have made life so comfortable for us. I do not think it is going to work. I was going to mention that we had even secured a medical scheme for retired MPs. I have remembered …

Report of the Standing Committee on Finance and Budget on the consideration of the Presidential Memorandum on Referral of the County Allocation of Revenue Bill (Senate Bills No.25 of 2024).

Hon. Senators, you may rise. Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Wednesday, 4th December, 2024, at 9.30 a.m. The Senate rose at 6.30 p.m.

[(Several Senators stood up in their places)]

Report of the Standing Committee on Finance and Budget on the consideration of the Presidential Memorandum on Referral of the County Allocation of Revenue Bill (Senate Bills No.25 of 2024).