Senate · Afternoon Sitting

Clerk, can you confirm whether we have a quorum? Hon. Senators, we do not have a quorum yet. Serjeant-at-Arms, kindly ring the quorum Bell for 10 minutes. The Clerk has confirmed that now we have a quorum. Therefore, we can proceed to the first Order. The Senate Majority Whip, Sen. (Dr.) Bonny Khalwale, can you lay the Paper?

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

[(The Quorum Bell was rung)]

Thank you, Madam Temporary Speaker. I beg to lay the following Paper on the Table of the Senate today, Tuesday, 7th May, 2024-

Report of the Auditor-General on Financial Statements of the Yatta Water Services Company Limited for the year ended 30th June, 2023.

[(Laughter)]

Sen. (Dr.) Khalwale, I am sure you are conversant with your name and I believe it is not Kimunya.

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

Next Order, Clerk.

Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion- AWARE that the Committee on Delegated Legislation is established under Standing Order No.195 of the Senate Standing Orders and is mandated to scrutinize statutory instruments laid before the Senate; RECALLING that, pursuant to Standing Order No.195 (2) and (3) of the Senate Standing Orders, on 20th February, 2024, the Ref…

NOTING that in considering the Regulations, due to the gravity of the impact of the Regulations the Committee on Delegated Legislation met with officials from the Ministry of Interior and National Administration, on Thursday, 2nd May, 2024 and directed the Cabinet Secretary and the Principal Secretary, Ministry of Interior and National Administration to provide evidence of the conduct of public pa…

Thank you, Mr. Speaker, Sir. I wish to give Notice of the following Motion- THAT, the Senate adopts the progress report of the Ad Hoc Committee on the compensation to the Kenyan victims of the 1998 bombing of the United States of America Embassy in Nairobi, laid on the Table of the Senate on Thursday, 2nd May, 2024. I thank you.

Thank you, Senator. Clerk, next order. Statements pursuant to Standing Order No.52, Sen. Wambua, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of national and general topical concern, namely; the terror attack of Monday, 29th April, 2024 in Mandera County, which has caused distress to numerous families and victims. On Monday, 29th April, 2024, at approximately 20 minutes past seven o’clock, the world was treated to the sad news of ye…

Statements Pursuant to Standing Order No.53 (1) . Proceed, Sen. Wafula.

Thank you, Mr. Speaker, Sir. I am reading this on behalf of Sen. Mumma who is out of the country. 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 disaster response undertaken by the Ministry of Interior and National Administration and the Nairobi City County government …

Proceed, Sen. Chute.

Thank you, Mr. Speaker, Sir. I have two statements to read. One is a request for a statement on the distribution and use of harmful pesticides and herbicides in Kenya. Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries, regarding the distribution and use of harmful pesticides and herbicides in Kenya…

Statements pursuant to Standing Order No.56, the Chairperson Standing Committee on Energy.

Thank you very much, Mr. Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (a) to make a statement relating to a matter to which the Committee is responsible. I wish to make a statement on the overflowing of the dams used by Kenya Electricity Generating Company (KenGen) to generate electricity in the country due to the ongoing heavy rains. Mr. Speaker, Sir, let me begin by acknowledging …

A permanent solution, however, is the construction of the dykes at the most vulnerable, sensitive places in the Tana River and the construction of the High Grand Falls Dam. Dykes are flood mitigation structures created in river that prevent water from flowing beyond a certain height. These flood control structures are used to protect coastlines, riverbanks, agricultural fields, homes, urban areas …

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

Senator for Nandi County, you know you cannot rise on a point of order if there is no Senator on the Floor. Proceed.

[(Sen. Cherarkey spoke off the record)]

[(Interruption of debate on Statements)]

Let us have the Chairperson of the Committee on Delegated Legislation.

Mr. Speaker, Sir, I beg to move the Motion in an amended form- AWARE that the Committee on Delegated Legislation is established under Standing Order No.195 of the Senate Standing Orders and is mandated to scrutinize statutory instruments laid before the Senate; RECALLING that, pursuant to Standing Order No.195 (2) and (3) of the Senate Standing Orders, on 20th February, 2024, the Refugees (Gener…

after the date of referral of a statutory instrument to the Committee, or such other period as the House may, by resolution approve, to either accede to the Regulations or, where it does not accede to the Regulations, to recommend to the Senate that the Senate resolves that the statutory instrument be annulled; NOTING that the 28 days’ timeline provided to the Committee under Section 15 of the St…

Are you moving? What do you intend to do?

Mr. Speaker, Sir, I beg to move and request Sen. Mungatana to second the Motion.

Mr. Speaker, Sir, thank you for giving me the opportunity to second this Motion. This is basically a procedural Motion. So, I will not take a lot of time, except to urge Cabinet Secretaries and all other regulation-making bodies that it will be useful for them to consider coming for consultative pre-publication, as the Ministry of Interior and National Administration has done in this case for the …

[(Sen. Tabitha Keroche consulted with Sen. Olekina)]

Order, hon. Senators. Sen. Tabitha Keroche, kindly take your seat. You may extend your greetings after we are done with this session. Hon. Senators, I will proceed to propose the question.

[(Sen. Tabitha Keroche sat at her place)]

[(Question proposed)]

Hon. Senators, this is a procedural Motion. If you so allow, I will proceed to put the Question

[(Question put and agreed to)]

Hon. Senators, I will invoke Standing Order No.45 (2) and rearrange the sequence of today’s Order Paper. We will proceed to Order No.17 and thereafter, I will give further directions. Clerk, proceed to call that Order.

Mr. Speaker, Sir, pursuant to Standing Order No.97 (3) , I beg to surrender seven minutes to Sen. M. Kajwang’ and Sen. Faki to make certain amendments to the Motion.

Proceed, Sen. M. Kajwang’.

Thank you, Mr. Speaker, Sir. First, I would like to thank Sen. Ledama Olekina for bringing this Motion to the House. This is a matter that this House has been seized of ever since it was established. During the first years of devolution, we did not have a pending bills problem. However, five years after devolution, we started seeing debts owed by county governments to various service providers pi…

Asante Bw. Spika kwa kunipa fursa hii kuunga mkono Hoja ya Sen.

Hon. Senators, you may now proceed to make your interventions. Senator Orwoba, you have the Floor.

Mr. Speaker, Sir, my button is on for the Maternal Health Care Bill that I was waiting to contribute to before you rearranged the Order Paper.

Take your seat, Sen. Orwoba. Sen. Wambua, please, proceed.

Thank you, Mr. Speaker, Sir. I believe that we are speaking to the amendment.

That is the Motion that is before the House.

Thank you, Mr. Speaker, Sir. I am fully in support of the amendment as moved and seconded on the Floor. When we were debating the original Motion, Members raised concerns over the issue of the CoB all the time just approving payments and releases to county governments, even when there was a serious and consistent accumulation of pending bills. I fully support the proposal in the amendment that n…

With those few remarks, I support the amendment.

Mr. Speaker, Sir, I rarely support what Sen. M. Kajwang’ brings to the Floor of the House, but in the interest of the nation--- I always support him in the Committee, but not on other issues. I beg to support him on this amendment. Mr. Speaker, Sir, having served as the distinguished Governor of Kilifi for 10 years, you are aware that there are many Kenyans who have diabetes, high blood pressure,…

Which things?

The “bullfighter” is inviting me to a very dangerous ground in which I do not want to engage. Sen. M. Kajwang' is an expert in other things that are known out there. Sen. (Dr.) Khalwale---

Senator for Nandi, have you concluded your contribution?

Mr. Speaker, Sir, I am concluding. To put Sen. (Dr.) Khalwale in the picture, Sen. M. Kajwang’, is an expert in climate change matters among other things, including the climate change that we see elsewhere. I support these amendments and I think every right-thinking member of society should support them. I thank you.

Hon. Senators, this Motion that has been moved, debated and had a vote taken on it, had a remainder of 15 minutes. We have already overshot the runway. Therefore, I will call upon the Mover to reply. Hon. Senators, let us stick to our Standing Orders.

Mr. Speaker, Sir, I beg to reply and beg to invoke Standing Order No.66 (3) to defer putting of the question.

Indeed, putting of the question on this Motion is deferred.