Senate · Afternoon Sitting
Tuesday, 5 March 2024
The Senate discussed the need to professionalise the public service and addressed concerns about falsified academic credentials, before moving on to the County Boundaries Bill, a fourth attempt to give effect to Article 188 of the Constitution. Senators highlighted historical ambiguities in county delineations, ongoing inter‑county disputes, and the importance of a clear legislative framework to prevent conflict. The session deferred the bill’s question and called for bipartisan support in future deliberations. Senators debated the County Boundaries Bill, highlighting the need for experienced mediators and defending the principle of devolution for Nairobi while referencing existing urban governance legislation. They cited the Urban Areas and Cities Act and the NADCO report, urging bipartisan support to finally resolve long‑standing county boundary disputes. The discussion combined constructive endorsement of the Bill with critiques of proposed qualifications and procedural concerns. The Senate afternoon sitting focused on procedural matters, including the division on the Water (Amendment) Bill and the reporting of voting results. Senator Joe Nyutu highlighted the importance of integrity, transparency and meritocracy in the public service, urging the PSC to address politicisation of County Public Service Boards and the issue of ghost workers. He called for audits and professionalisation of county public service structures.
Clerk, do we have quorum? Serjeant-at-Arms, kindly, ring the Quorum Bell for 10 minutes.
[(The Quorum Bell was rung)]
Serjeant-at-Arms, kindly stop the Bell. I am informed we do have quorum now. Clerk, proceed to call the first Order. Hon. Senators, please, take your seats. I need to make a Communication. Sen. Beth Syengo, stop the greetings and take your seat. You are holding us.
Asante, Bw. Spika, kwa fursa hii ili niweze kuwakaribisha wandani wangu na rafiki zangu wa kisiasa na vilevile wapiga kura wangu wa Kaunti ya Bungoma. Seneti lina wanaume na wanawake wa tajriba na heshima kuu. Kule Kaunti ya Bungoma, unapowatazama, kuna mabinti ambao walipambana kisiasa kuwabwaga wanaume na wanawake kwa njia ya kidemokrasia. Bungoma ni Kaunti ambayo inajulikana kwa kutoa viongoz…
Sen. Wafula, under one-minute means less than a minute. Next time you have the Floor, please do not defy the directive of the Speaker. Have your seat.
Sen. Chute, kindly take your seat. I have further communication to make.
Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, Tuesday, 05th March, 2024 -
Report of the Auditor-General on Financial Statements of Nandi County Executive Committee Car Loan and Mortgage Scheme Fund for the year ended 30th June,
The Chairperson of the County Public Accounts Committee (CPAC) , did you have a Paper to lay? Please, proceed.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Tuesday, 5th March, 2024 - Report of the Select Committee on County Public Accounts on its consideration of the Reports of the Auditor General on the financial statements of Tharaka Nithi, Homa Bay, Kakamega, Kirinyaga, Makueni, Meru, Bomet, Murang’a, Nandi, Nyamira, Nyeri, Siaya, Vihiga, Wajir and Samburu Count…
[(Sen. M. Kajwang’ laid the document on the Table)]
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 5th March, 2024 - Report of the 9th Inter-Parliamentary Union (IPU) Global Conference of Young Parliamentarians Held in Hanoi, Vietnam from 15th to 17th September, 2023.
[(Sen. Methu laid the document on the Table)]
Next Order.
Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion - THAT, the Senate notes the Report of the Parliament of Kenya Delegation to the 13th Plenary Assembly of the Forum of Parliaments of the Member States of the International Conference on the Great Lakes Region (FP-ICGLR) , held in Juba, South Sudan, laid on the table of Senate on Thursday, 7th December, 2023.
Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion - THAT, the Senate adopts the Report of the Select Committee on County Public Accounts on its consideration of the Reports of the Auditor-General on the Financial Statements of Tharaka Nithi, Homa Bay, Kakamega, Kirinyaga, Makueni, Meru, Bomet, Murang’a, Nandi, Nyamira, Nyeri, Siaya, Vihiga, Wajir and Samburu County Executi…
Thank you, Mr. Speaker Sir. I beg to give Notice of the following Motion - THAT, the Senate notes the Report of the 9th Inter-Parliamentary Union (IPU) Global Conference of Young Parliamentarians held in Hanoi, Vietnam from 15th to 17th September, 2023, laid on the table of the Senate on Tuesday, 5th March, 2024.
Next Order.
Sen. Wafula, please proceed.
Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding the reservation by the County Government of Bungoma on procurement opportunities for the youth, women and Persons with Disabilities (PWDs) . In the Statement the Committee should-
Proceed, hon. Senator.
Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism regarding the collapse of Malakisi Cotton Ginnery in Sirisia Constituency, Bungoma County. In the Statement, the Committee should-
Proceed, Sen. Munyi Mundigi.
Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53
Proceed, Sen. Betty Montet.
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 regarding the collection and distribution of loyalties to artists in Kenya. In the Statement, the Committee should-
Proceed, Sen. Mariam Omar.
Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security Defense and Foreign Relations regarding the delay in processing of passports application in Kenya. In the Statement the Committee should-
Order, Hon. Senators! Those who are standing kindly sit down.
[(Several Senators took their seats)]
(2) Clarify whether Muslims intended to perform pilgrimage Hajj in Mecca, Saudi Arabia in three months’ time can be assured of prompt and timely issuance of passports. I thank you.
Who is holding brief for Sen. (Prof.) Tom Odhiambo Ojienda, SC? Sen. Lemaletian, proceed.
[(The Clerk-at the-Table approached the Chair)]
Thank you, Mr. Speaker Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the payment of hardship allowance to teachers in the flood prone Nyando Sub-County, in Kisumu County. In the Statement, the Committee should-
Sen. Ali Roba, proceed.
Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing on
the status of implementation of the Horn of Africa Gateway Development Project (HOAGDP) and in particular the upgrading of Isiolo-Mandera Regional Road Corridor. In the Statement, the committee should-
Sen. Chute, proceed.
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 on repatriation of Kenyan refugees from Ethiopia. In the Statement, the Committee should-
Sen. Chute, you had another Statement that was reinstated. Are you ready to proceed with it?
No, Mr. Speaker, Sir.
Fair enough. Sen. Olekina, proceed.
Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism regarding the operations of Ewaso Ngiro Tannery and Leather Factory in Narok County. In the Statement, the Committee should-
Let us go to the next Order. Sen. Mbugua, your Statement was reinstated. Kindly proceed if you are ready.
[(The Clerk-at-the-Table consulted with the Speaker)]
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 delay in processing of passports. In the Statement, the Committee should-
Hon. Senators, before we move to the next Order, allow me to make the following Communication.
Hon. Senators, this Communication has been necessitated by recent developments in the Chamber relating to disorderly conduct that required the intervention of the Speaker. You may proceed, Sen. Okiya Omtatah, to take your seat. Firstly, on 16th February, 2024, I received a letter from Sen. Gloria Orwoba, MP, questioning the decision of the then Temporary Speaker, Sen. Catherine Mumma, at the sit…
[(Sen. Okiya Omtatah stood at the Dispatch Box)]
[(Sen. Okiya Omtatah took his seat)]
At the siting of the Senate held on Tuesday, 15th February, 2024, the Senator for Homa Bay County, Sen. Moses Kajwang’, MP, while contributing to the debate on the Water (Amendment) Bill (National Assembly Bills No. 33 of 2023) made the following remarks and I quote: “Madam Temporary Speaker, the caucus Members include the County Executive Committee Member (CECM) in charge of water from Bomet and…
Bi Spika wa Muda, hayo ni makosa kabisa kwa sababu hairuhusiwi katika Kanuni za Kudumu za Seneti mtu kutajwa hapa asiyekuwa ndani ya Bunge, asiyeweza kujitetea.” The point of order sought the intervention of the Speaker as in the opinion of the Senate Minority Leader, Sen. Stewart Madzayo, MP, Sen. Samson Cherarkey, MP, had not adequately substantiated an earlier point of order raised by the Senat…
On a point of clarification, Mr. Speaker, Sir.
Proceed, Senator for Kakamega County.
Mr. Speaker, Sir, I would like to thank you for that Communication, which has been necessitated by nothing other than the conduct of ourselves. I note that, that conduct has swung full pendulum from a new Member to a ranking Member; a new Member in the in the name of Sen. Orwoba and a ranking Member in the name of Sen. Madzayo, who is not only just a ranking Member, but the Senate Minority Leader.…
Sen. (Dr.) Khalwale, what is your clarification? You are not debating this ruling. Sen. (Dr.) Khalwale: The clarification I would have liked you to emphasise on, is that ranking Members of this House, just like is the practice everywhere in the Commonwealth, we have an unwritten responsibility to also carry along new Members in showing them how to become better leaders in the House. I would have…
Sen. (Dr.) Khalwale, that is not a clarification you are seeking. Before we move to the next Order, the Chairperson, Finance and Budget, wishes to table a report. I will allow him to do so then we proceed to the next.
[(The Clerk-at-the-Table consulted the Speaker)]
The clarification I would have liked you to emphasise on, is that ranking Members of this House, just like is the practice everywhere in the Commonwealth, we have an unwritten responsibility to also carry along new Members in showing them how to become better leaders in the House. I would have liked you to make that distinction so that it occurs on the Senate Minority Leader, that he made a grievo…
The Report on the Standing Committee on Finance and Budget, on its Consideration of Budget Policy Statement, 2024. I beg to lay.
Serjeant-at-Arms, kindly ring the Division Bell for five minutes.
[(The Division Bell was rung)]
Serjeant-at-Arms, kindly ring the Division Bell for five minutes.
[(The Division Bell was rung)]
[(Loud consultations)]
[(Laughter)]
Now, hon. Senators, kindly log back into the delegates unit. Sen. Wakili Sigei, kindly proceed to take your seat. Once you have logged in, you may now proceed to vote by pressing- yes, no, or abstain.
[(Loud consultations)]
[(Laughter)]
Hon. Senators, the Water (Amendment) Bill (National Assembly Bills No. 33 of 2023) Division results are in and are as follows:
Serjeant-at-Arms, kindly withdraw the Bar and open the Doors. Next order.
[(The Bars were drawn and the Doors opened)]
Bay; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga: Sen. Tabitha Keroch…
Bay; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga: Sen. Tabitha Keroch…
Order Hon. Senators. The results of the Division are as follows-
River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Tabitha Keroche, Nakuru County Sen. Thang’wa, Kiambu County; Sen. Wafu…
River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Tabitha Keroche, Nakuru County Sen. Thang’wa, Kiambu County; Sen. Wafu…
Hon. Senators, the results of that Division are as follows:
Hon. Senators, at interruption of the debate, Sen. Peris Tobiko was on the Floor and she had a balance of 19 minutes. Is Sen. Peris Tobiko present? An hon. Member: No.
Hon. Senators, at interruption of the debate, Sen. Peris Tobiko was on the Floor and she had a balance of 19 minutes. Is Sen. Peris Tobiko present? An hon. Member: No.
Gather your thoughts. If time allows and you catch the Speaker’s eye, you may have another opportunity. Proceed, Sen. Nyutu.
Mr. Speaker, Sir, I beg for some time. I need to get prepared on this.
Sen. Cherarkey, being the Mover of this particular Bill, you may now proceed to reply because on my dashboard, there is no Senator wishing to contribute.
Mr. Speaker, Sir, I thank all my colleagues who contributed to this Bill. Quite a number of them did and I realised that there was a lot of interest on it. Sen. Olekina, Sen. Crystal Asige and Sen. Tobiko, among other Senators, contributed. I thank them for finding time to share their thoughts. The public service is one of the key components in the development of any country. I hope that when we …
Sen. Cherarkey, being the Mover of this particular Bill, you may now proceed to reply because on my dashboard, there is no Senator wishing to contribute.
[[The Speaker (Hon. Kingi) left the Chair] [The Deputy Speaker (Sen. Kathuri) in the Chair]]
Going into the future, I pray that no matter who a governor is, no county will be worried about the change. Let us professionalize the public service which includes the CPSB.
[[The Speaker (Hon. Kingi) left the Chair] [The Deputy Speaker (Sen. Kathuri) in the Chair]]
Thank you, Sen. Cherarkey. Let us go to the next Order.
[(Putting of the Question on the Bill deferred)]
Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Wednesday 6th March, 2024, at 9.30 a.m. Sen. Osotsi, you still have three minutes of your time. The Senate rose at 6.30 p.m.