Senate · Afternoon Sitting

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

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

[(The Quorum Bell was rung)]

Serjeant-at-Arms, I am informed we do have quorum now, so, kindly stop the Bell. Clerk, proceed to call the first Order, please. Sen. Osotsi, we are waiting for you to take your seat. Sen. Madzayo, kindly resume your seat.

The Sittings in Turkana County were held in the backdrop of immense successes realized from the Sittings of the Senate outside Nairobi, held in Uasin Gishu and Kitui Counties in September 2018 and in September 2019, respectively. Hon. Senators, the Senate plays a critical role in the interlinkage between the national and county levels of government. The main objective of the Sittings in the count…

Asante Bw. Spika. Kwanza nakuunga mkono katika maneno yako ulivyosema, ya kwamba, Maseneta wote walioweza kufika Turkana County waliweza kuteteleza wajibu wao. Vile vile, kazi tulioifanya Turkana County inaonekana wazi. Watu wa Turkana County ni watu wangwana na wazuri. Walitukaribisha kwa hali ya kufana zaidi kuanzia Airport mpaka tulipofika kwenye hoteli. Kwa sababu ya ukarimu wao, Mwenyezi Mun…

Ni lazima kuwe na taratibu kama hizo na hakuna makosa kubeba maji ama kubeba chochote. Kama waliona kuna makosa, next time ikiwa tutaenda huko, watatupikia chakula na kufanya kila kitu. Tuko tayari katika mambo hayo.

Sen. (Dr.) Khalwale, please proceed.

Thank you, Mr. Speaker Sir. Indeed, this was a great experience in many ways; our own way of life, how people earn their own livelihood, but more importantly, the role of the Senate to county governments. Whereas everything that we did went on in a seamless manner, I see an opportunity for us to improve. It looks seems like a misapplication of resources, if we shall be going to counties to replic…

Your time is up, Sen. (Dr.) Khalwale. Sen. Mwaruma, please proceed.

Thank you, Mr. Speaker, Sir, for this opportunity to contribute to this Communication from the Chair. This was my first experience to go to Turkana and we learnt a lot. This year the Senate Mashinani took place in Turkana and we had the opportunity to meet the County’s committees. In my Committee on Education, we learnt a lot especially on vocational training, but the challenges are still there. …

We were misunderstood when we went there because the residents of Turkana asserted that we interact with them. We were there to interact with the committees of the County Assembly for them to learn. However, we can go there the next time to campaign with the Senator for Turkana because this time we had not gone to meet with the people, but for the Senate Mashinani. Mr. Speaker, Sir, if there were…

Sen. Nyamu.

Mr. Speaker, Sir, Senate Mashinani in Turkana was a good opportunity to feel the ground. It was also the best opportunity for committee work to exactly feel what happens in Turkana as well as make the Senate productive. My only observation was that our programme was very tight – it was all work and no play! I cannot tell how Turkana is.

[(Laughter)]

Sen. Osotsi.

Thank you, Mr. Speaker, Sir, for this opportunity. Turkana County was an experience to most of us, especially, first-time Senators. We learnt a lot, but there is room for improvement. I am sure---

[(Interruption of debate on Communication from the Chair)]

Hon. Senators, I have two Messages from the National Assembly that I need to communicate to you.

a Bill seeking to establish a legislative framework for the management and regulation of the provision of social health insurance, promote the implementation of the Universal Health Coverage (UHC) and ensure access to affordable and comprehensive quality health services by all Kenyans; AND WHEREAS, the National Assembly considered the said Bill on Wednesday, 27th September 2023, and passed it wit…

Standing Order No. 144, I will, at the appropriate time during this Sitting, call upon the Clerk to read the said Bill a First Time. I thank you. Next Order.

Hon. Senators, I hereby report to the Senate that a Petition has been submitted through the Clerk by the--- Sen. Madzayo and Sen. Kathuri, you can resume your seats. I hereby report to the Senate that a petition has been submitted, through the Clerk, by the Cultural Environmental Care Society (CECARE Society) concerning the conversion of the LR NO.209/ 2378/1 Pumwani Majengo from public to privat…

[(Sen. Madzayo and Sen. Kathuri stood in their places)]

THAT, the petitioner has made all efforts to have this matter investigated and resolved by the relevant bodies, including the National Land Commission and the Nairobi City County Government, whose responses were not satisfactory. The Petitioner therefore prays that the Senate intervenes on this matter with a view to investigating the alleged irregular allotment of plots with regard to LR.NO.209/2…

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 52 (1) to make a Statement on a matter of countrywide and general topical concern, namely the Untapped Potential of Lake Turkana’s Blue Economy. As we gather for the 3rd Senate Sitting outside Nairobi, hosted in the heart of Turkana County, I wish to draw the attention of the Senate to a matter of immense significance for our region and the …

benefits. Four, enhancing water transport on Lake Turkana can unlock trade routes, reducing transportation costs and foster regional integration. Mr. Speaker, Sir, in order to fully realize the opportunities, the following challenges need to be addressed:

Sen. Lomenen, proceed to make your second Statement.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of countywide and general topical concern, namely; the displacement and aggression faced by the Turkana Community.

As we convene for the 3rd Senate Mashinani, hosted here in the heart of Turkana County, I am compelled to shed light on this matter of grave concern that affects the very core of the existence of the people of Turkana. The Turkana Community, which is known for its resilience, vibrant culture, and unique way of life, has historically inhabited a vast and diverse land space. Turkana County covers a…

[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Veronica Maina) in the Chair]]

We have finished Statements under Standing Order No.52 (1) . We are now going to Statements under Standing Order No.53 (1) . Sen. Mbugua, you may proceed.

Madam Temporary Speaker, 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 leasing of idle public land to farmers. In the Statement, the Committee should:

Proceed, Sen. Thangw’a.

Madam Temporary Speaker, I rise Pursuant to Standing Order No.3 (1) to seek a statement from the Standing Committee on Land, Environment and Natural Resources, on the mitigation efforts by the Government to control the overflow of Karimenu II Dam. In the Statement, the Committee should-

Proceed, Sen. Cheptumo.

Thank you, Madam Temporary Speaker. 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 settlement of outstanding compensation claims for deaths and injuries caused by snake bites. In the Statement, the Committee should:

Thank you, Madam Temporary Speaker. I have three Statements and I will read all of them.

Proceed, Sen. Kibwana.

Thank you, Madam Temporary Speaker. I have three Statements but I will read two.

Madam Temporary Speaker, I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding reports of abuse of people residing in care homes for elderly people at the Presbyterian Church of East Africa (PCEA) Thogoto Care Home for the Aged, as highlighted by an investigative news featured by BBC Africa Eye. In the Statement, the Comm…

Sen. Cherarkey proceed.

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Health concerning Bills owed by counties to the Kenya Medical Supplies Agency (KEMSA) . In the Statement, the Committee should-

Next Order.

I invite Sen. Mungatana to second.

Madam Temporary Speaker, I beg to second the Motion moved by Sen. Kavindu Muthama. The Committee has been doing a lot of work. We have seen them talking to witnesses and attending the memorial services. There is no doubt in my mind that this Committee has put its best foot forward. As the Chairperson of the Committee has put it, it is clear to us that there is still pending work. We have no doubt…

[[The Temporary Speaker (Sen. Veronica Maina) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

Mr. Temporary Speaker, Sir, I ask the Members present to support this Motion simply because it is for a good cause. It is also a Procedural Motion. We should not have too many arguments about it. I urge the House to support it. I beg to Second.

[[The Temporary Speaker (Sen. Veronica Maina) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

Thank you, Mr. Temporary Speaker, Sir. I applaud the Committee for what they have been doing. This extension of time is well within the law because we want this Committee to come up with legislative policy interventions. If such events, God forbid, happen in this Republic, we should have a legislative intervention on how we can handle such matters. It is sad 30 years from 1998 to now, many Kenyan…

Proceed, Sen. Cheptumo.

Thank you, Mr. Temporary Speaker, Sir. I will be brief. I am a Member of this Committee. I rise to support this Motion to extend the time for another 45 days. Under the leadership of our Chair, Sen. Kavindu Muthama, we have covered a number of stakeholders. We have been able to meet the victims of this bomb blast. We met the Cabinet Secretary, Ministry of Health and the team, the Ministry of Fore…

Proceed, Sen. Cheptumo.

Thank you, Mr. Temporary Speaker, Sir. I will be brief. I am a Member of this Committee. I rise to support this Motion to extend the time for another 45 days. Under the leadership of our Chair, Sen. Kavindu Muthama, we have covered a number of stakeholders. We have been able to meet the victims of this bomb blast. We met the Cabinet Secretary, Ministry of Health and the team, the Ministry of Fore…

Thank you, Mr. Temporary Speaker, Sir. Allow me in supporting this Motion to use the opportunity to congratulate “my sister” kiveti Sen. Kavindu Muthama. When she started this initiative, little did she know that the industry was going to catapult her right to the top of the imaginations, not only of many Kenyans, but indeed of the world. This was not a Kenyans problem. It was twin bombing that h…

Thank you, Sen. (Dr.) Khalwale. I do not seem to have any other Member who is willing to contribute to the Motion. I, therefore, call upon Sen. Kavindu Muthama to reply.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to reply. I take this opportunity to thank the Members of this House who have contributed to this extension of days. Mr. Temporary Speaker, Sir, we have met several stakeholders, including the victims. We also called their lawyers in the USA who came to Kenya and we met them.

Thank you, Sen. (Dr.) Khalwale. I do not seem to have any other Member who is willing to contribute to the Motion. I, therefore, call upon Sen. Kavindu Muthama to reply.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to reply. I take this opportunity to thank the Members of this House who have contributed to this extension of days. Mr. Temporary Speaker, Sir, we have met several stakeholders, including the victims. We also called their lawyers in the USA who came to Kenya and we met them.

What is your point of order, Sen. Cherarkey?

Mr. Temporary Speaker, Sir, under the Speaker’s Rules on the conduct of Members in the House, Senior Counsel, Sen. Omogeni, the esteemed Member of the National Dialogue Committee (NDC) walked in casually while you were reading your directions on the matter. I request that you direct this distinguished Member and Senator for Nyamira County to go back and obey the House. I expect a lot from him bec…

Noted, Sen. Cherarkey. I noticed that. I will give Senior Counsel, Sen. Omogeni an opportunity to apologise.

Mr. Temporary Speaker, Sir, I first want to profusely apologise to you and to the House. I have had a long day at the NDC; from 9.00 a.m., have not had tea or lunch. With my age, my sugar level is low and, therefore, I did not notice that when I walked in. I may also be getting bad eyesight. Mr. Temporary Speaker, Sir, you can confirm that you were before us at lunch- hour. It was not deliberate …

Sen. Omogeni, I indeed confirm that I appeared before your Committee over the lunch-hour. We made commitments before you, especially with regard to time. We could notice that the sugar levels at that time of the Committee Members as well as for those presenting before you, were low. I know Sen. Omogeni as a senior counsel. My experience with him for the time I have been in the House has been that…

[(Revenue Raising Process)]

Mr. Temporary Speaker, Sir, I first want to profusely apologise to you and to the House. I have had a long day at the NDC; from 9.00 a.m., have not had tea or lunch. With my age, my sugar level is low and, therefore, I did not notice that when I walked in. I may also be getting bad eyesight. Mr. Temporary Speaker, Sir, you can confirm that you were before us at lunch- hour. It was not deliberate …

Sen. Omogeni, I indeed confirm that I appeared before your Committee over the lunch-hour. We made commitments before you, especially with regard to time. We could notice that the sugar levels at that time of the Committee Members as well as for those presenting before you, were low. I know Sen. Omogeni as a senior counsel. My experience with him for the time I have been in the House has been that…

[(Revenue Raising Process)]

Proceed, Sen. (Dr.) Khalwale.

Mr. Speaker, Sir, I rise to Move the County Governments Additional Allocations Bill (National Assembly Bills No. 23 of 2023) to be read a Second Time. This is a Bill which I hope will establish an Act of Parliament to provide for additional allocations to the county governments for the Financial Year 2023/2024 and state the responsibilities of the national Government and the county government purs…

It is important for members of the public to know that this comprises conditional allocations financed by the World Bank credit to finance agriculture and rural inclusive growth projects as set out in column B. It also includes conditional grant allocations financed by the International Development Agency (IDA) of the World Bank. It also includes conditional allocations financed by the World Bank…

They are many. Sen. Mungatana on my right. I also see Sen. Cherarkey son of cattle rustle---