Senate · Afternoon Sitting

Clerk, confirm whether we have quorum. Serjeant-at-Arms, ring the Quorum Bell for 10 minutes. Hon. Senators, I confirm that we now have quorum. Clerk, read out the first Order.

[(The Quorum Bell was rung)]

Hon. Senators, I have a Message from the National Assembly concerning the extension of the tenure of the Selection Panel for the recruitment of persons for appointment as the chairperson and members of the Independent Electoral and Boundaries Commission (IEBC) . Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46 (3) and (4) , I received the following Message from …

meaning of Standing Order No.121. In the absence of such substantiation, the Senator will be required to withdraw the statement and apologise to the Senate. I thank you. Sen. Cherarkey, proceed.

Mr. Deputy Speaker, Sir, I do not know whom I am apologizing to since Sen. Wambua is not here. I need your guidance, so that I know who I am apologizing to since Sen. Wambua is not here.

Whatever you are doing is for the consumption of the Senate. The Senate is properly constituted.

Mr. Deputy Speaker, Sir, I apologised and it is on record. I remember Sen. Sifuna and Sen. Wambua rose on this point of order. You can check on HANSARD that I apologised and withdrew. Both the Senate Majority Leader and the Senate Minority Leader were there. You know I am an altar boy.

[(Laughter)]

If you did, why then do we have the communication here with the Senate? Just proceed.

Mr. Deputy Speaker, Sir, for the comfort of my detractors, I repeat and apologise a thousand and a million times multiplied by ten million, so that the House can move on. I apologise and withdraw.

[(Laughter)]

That is good. It is being a gentleman enough. Let us proceed to the next order.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the response to the recent outbreaks of malaria and other diseases in Kisumu County. Being in the lake region, Kisumu County is highly prone to malaria outbreaks, which continues to pose a serious health risk to residents. Additionally, cases of other…

and response mechanisms. Despite efforts to curb diseases many residents, especially in informal settlements and rural areas, still face difficulties accessing adequate prevention and treatment services. In the statement, the committee should address the following-

Order, Senators! Sen. Samson Cherarkey, you have two Statements.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the discrimination of school-going children aged above 19 years in high school and above 14 years in primary school from participating in school sports competitions. I wish the Chairperson for Education, Sen. Betty Montet was listening. Section 17 …

Next is Sen. Wahome Wamatinga.

Thank you very much, Mr. Deputy Speaker, Sir. I rise pursuant to the Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the status of land belonging to Kenya Veterinary Vaccines Production Institute (KEVEVAPI) , which was transferred to private entities in Nairobi and Kiambu counties. In the statement, the committee should…

Next is Sen. Abbas Mohamed.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Senate Committee on Health regarding the alarming increase of cancer cases in Wajir County and its possible link to the allegation of nuclear waste dumping in Northern Kenya. In the statement the committee shall address the following-

Next is the Senator for Isiolo County, Sen. Fatuma Dullo.

Thank you, Mr. Deputy 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 concerning the rising insecurity in Isiolo County. Mr. Deputy Speaker, Sir, Isiolo County has witnessed a worrying escalation in violence, including rampant cattle rustling, killings and increased lawlessness. These att…

Next, is Sen. Richard Onyonka. The statement is dropped.

I want to allow a few Senators to make their comments, but my screen is disabled. Who can come to my rescue? (The Clerk-at-the-Table consulted with the Deputy Speaker (Sen. Kathuri)) We have 20 minutes to make comments. I restrict it to two minutes for each Member. Proceed, Sen. Esther Okenyuri.

Thank you, Mr. Deputy Speaker, Sir. I support the Statement by Sen. (Prof) Tom Ojienda on outbreak of malaria in Kisumu County. That statement brings our attention to the issue of response to general outbreaks of diseases in this country. It is not only affecting Kisumu County, but many other counties have such challenges like was in the statements sought here some time back by the Senators for Wa…

Thank you, Mr. Deputy Speaker, Sir. I also rise to support the statement by Sen. Cherarkey. There is a cardinal rule when you want to do demolitions. First, you have to give notice and possibly engage the citizens who are operating those businesses because they have invested. More importantly, before you demolish, the county government or even the national Government has a mechanism to make sure t…

Asante Bw. Naibu Spika. Naunga mkono taarifa ya Seneta wa Nyeri, Sen. Wamatinga, kuhusu mashamba ya KEVEVAPI. Mimi ni naibu mwenyekiti wa Kamati ya Kilimo na ningeomba Kamati hii ipewe nguvu ya kuangalia vile mambo ya mashamba imeleta shida. Hii shida haipatikani kwa mashamba ya KEVEVAPI pekee, lakini ni Kenya nzima. Wale matajiri ambao wana hela nyingi, wanapopita mahali na waone shamba ya serik…

Thank you, Mr. Deputy Speaker, Sir. Let me also support the statement by Sen. Cherarkey on demolition of stalls and shops belonging to small traders. This is a very serious issue. I encourage the Committee on Trade and Industrialization not just to look at Nandi County, but also consider all the other 47 counties because this problem is spread in all the 47 counties. We also need to investigate t…

[(Sen. Osotsi’s microphone was switched off)]

Senate Majority Leader, you may proceed.

Sorry, sorry.

Sen. Osotsi, next time, do not say, “Give me one minute” because that is what I will do. Proceed, Senate Majority Leader.

Mr. Deputy Speaker, Sir, I just wanted to comment on this issue of KEVEVAPI, a very important institution that on many occasions, people do not appreciate its value to the country. If it is true that there are parcels of land belonging to this institution that have been transferred to private hands, then this House must sanction the right authorities. It must be known who they are; for what inter…

Thank you very much, Mr. Deputy Speaker, Sir. Very quickly, I want to support the statement by the Senator for Wajir County, Sen. Abass. The issue of cancer cases is not only prevalent in Wajir County. We have similar problems in Marsabit.

[(Loud consultations)]

I believe your point has been heard sufficiently. Sen. Veronica, proceed.

Thank you, Mr. Deputy Speaker, Sir. First, I wish to support the statement by Sen. Cherarkey from Nandi County regarding the exclusion of girls from certain sports or the imposition of restrictions based on age. Gender equality is a constitutional right enshrined in Article 27 of our Constitution. This Article affirms the

principle of equal treatment and opportunity for both males and females in all spheres, without discrimination on the basis of age, sex or gender. Any policy directed to Junior Secondary Schools (JSS) or other institutions that discriminate against girls in certain sports or excludes students based on age would constitute a breach of Article 27(3) and (4) of the Constitution. In fact, the state i…

That is the end of the 20 minutes I had allocated for Statements Hour. We can now move to the next Order.

Hon. Senators, I want to first assert that this matter does not affect counties. Secondly, I confirm that we have a quorum to put the question. Hon. Senators, I will put the question. Next Order.

[(The Clerk-at-the-Table consulted with the Deputy Speaker (Sen. Kathuri)]

[(Question put and agreed to)]

Kindly ring the Division Bell for another five minutes.

[(The Division Bell was rung)]

[(The Clerk-at-the-Table consulted with the Deputy Speaker (Sen. Kathuri)]

Order, Senators. I order that the doors be locked and the bars drawn. Senators you are voting electronically. I request that you log out. Serjeant-At- Arms check the delegate units. Log in and vote now.

[(The doors were locked and bars drawn)]

[(Voting in progress)]

Hon. Senators, the results for the Division are as follows-

Next Order.

We are still voting electronically. You can proceed to vote because you are already logged in. Sen. Wafula, approach the Table. Sen. Madzayo ---

[(The Senate proceeded to vote by county delegations)]

[(Voting in progress)]

[(Voting in progress)]

Hon. Senators, I want to announce the results of the Division. The results of the Division are as follows-

I hope the doors are open. Withdraw the bars and open the doors.

[(The Bars were undrawn and doors opened)]

[(Loud consultations)]

Madam Temporary Chairperson, I beg to move- THAT Clause 6 of the Bill be amended

Madam Temporary Chairperson, I beg to move- THAT Clause 8 of the Bill be amended by deleting the word “Service” appearing immediately after the words “County Assembly”. The Temporary Chairperson : Division will be at the end. What is your point of order, Sen. Sifuna?

[(Question of the amendment proposed)]

[(Sen. Veronica Maina)]

Madam Temporary Chairperson, it has been a practice that when the Mover is moving the amendments, they just state briefly for the House, the import of those amendments. I have not heard the Vice-Chairperson of the Senate Stading Committee on Finance and Budget talk to any of those amendments, so that we are all on the same page. The Temporary Chairperson : Sen. Tabitha, that objection is in orde…

[(Sen. Veronica Maina)]

Madam Temporary Chairperson, it has been a practice that when the Mover is moving the amendments, they just state briefly for the House, the import of those amendments. I have not heard the Vice-Chairperson of the Senate Stading Committee on Finance and Budget talk to any of those amendments, so that we are all on the same page. The Temporary Chairperson (

Clause 2, The Title, and Clause 1 (Question, that Clause2, The Title and Clause 1 be part of the Bill, proposed) Division will be at the end. Hon. Senators, the Report will be done later, So, let us move to the next Bill. Clerk, please proceed to call out the next Order.

Thank you, Madam Temporary Chairperson. I do have the Chair's guide, but I do not have the amendments before me. Even if I did, it would be difficult for me to move through two different documents on one device. The Temporary Chairperson : It is in the Order Paper. Perhaps you can assist her to approach the Chair. Sen. Aaron, please, proceed.

[(Sen. Veronica Maina)]

Madam Temporary Chairperson, she will need somebody else to check on the second document. She can do one, but not two documents at the same time. So, she will need somebody else to help on the second document. The Temporary Chairperson : Sen. Miraj, you are also a Member of that Committee. You could assist. Sen. Miraj, you will now stand in for the Chairperson of the Standing Committee on Labou…

[(Sen. Veronica Maina)]

[(Sen. Crystal Asige stood in her place)]

Clause 2, The Title, and Clause 1 (Question, that Clause2, The Title and Clause 1 be part of the Bill, proposed) Division will be at the end. Hon. Senators, the Report will be done later, So, let us move to the next Bill. Clerk, please proceed to call out the next Order.

Mr. Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the Clause 4. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 5

Mr. Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the Clause 4. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clauses 6-10 (Question, that Clauses 6, 7, 8, 9 and 10 be part of the Bill proposed) The Temporary Chairperson (

Mr. Temporary Chairperson, I beg to move- THAT clause 10 of the Bill be amended in subclause (2) by deleting paragraph (g) . The Temporary Chairperson : The Division will be at the end. Clauses 11-26 The Temporary Chairperson : Division will be at the end. Clause 27 The Temporary Chairperson : Can we hear from Sen. Dullo?

[(Question of the amendment proposed)]

[(Sen. Abdul Haji)]

[(Question, that Clauses 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,21, 22, 23, 24, 25 and 26 be part of the Bill proposed)]

[(Sen. Abdul Haji)]

[(Sen. Abdul Haji)]

Mr. Temporary Chairperson, I beg to move- THAT Clause 27 (1) of the Bill be amended in the introductory clause by inserting the words “in consultation with County Governments” immediately after the words “The Authority shall”. The Temporary Chairperson : The Division will be at the end. Clause 28 The Temporary Chairperson : Can we hear from Sen. Dullo?

[(Question of the amendment proposed)]

[(Sen. Abdul Haji)]

[(Sen. Abdul Haji)]

Mr. Temporary Chairperson, I beg to move- THAT Clause 29 of the of the Bill be amended in subclause (8) by inserting the words “in consultation with the Council of County Governors” immediately after the words “Cabinet Secretary shall”. The Temporary Chairperson : The Division will be at the end. Clauses 30 and 31 The Temporary Chairperson : Division will be at the end. Clause 32 The Tempor…

[(Question of the amendment proposed)]

[(Sen. Abdul Haji)]

[(Question, that Clauses 30 and 31 be part of the Bill proposed)]

[(Sen. Abdul Haji)]

[(Sen. Abdul Haji)]

Thank you, Hon. Temporary Chairman, Sir. I beg to move that the Committee do report to the Senate its consideration of the Energy Amendment Bill (Senate Bill No. 42 of 2023) , and its approval thereof without amendments. The Temporary Chairperson (

Thank you. Next is Sen. Osotsi.

Madam Temporary Speaker, I would like to support this Motion. We must have a system of restraining county governments from hiring external law firms to represent them in courts. Last week, we were taken through a report by the County Public Accounts Committee (CPAC) that indicated that we have a serious fiduciary risk in our counties on the matter of external law firms that have charged our count…

Mr. Temporary Chairperson, Sir, apologies and thank you for that guidance. Pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Energy (Amendment) Bill (Senate Bills No.42 of 2023) and seeks leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Sen. Osotsi, when we resume this Motion, you will have a balance of 13 minutes.

Hon. Senators, it is now 6.30

The next Bill is the County Public Finance Laws (Amendment) Bill (Senate Bills No.39 of 2023)

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate on its consideration of the Public Finance Laws (Amendment) Bill (Senate Bills No.39 of 2023) and seeks leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Now, we go to the County Assembly Services (Amendment) Bill (Senate Bills No.34 of 2023)

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of the County Assembly Services (Amendment) Bill (Senate Bill No.34 of 2023) and seeks leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

[(A mobile phone rang)]

The Temporary Chairperson (

Whose mobile phone is that? Hon. Senators, we are now proceeding to the County Assemblies Pensions Scheme Bill (Senate Bills No.14 of 2024).

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of the National Disaster Risk Management Bill (National Assembly Bills No.24 of 2023) and seeks leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Hon. Senators, we are now proceeding to the Land (Amendment) Bill (National Assembly Bills No.40 of 2022) .

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of the Land (Amendment) Bill (National Assembly Bills No.40 of 2022) and seeks leave to sit again tomorrow.

[(Question proposed)]

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

Hon. Senators, we are resuming this session for the reporting of the Bills by the chairpersons of the respective committees. I want to call out the Chairperson of the Standing Committee on Energy to tackle the Energy (Amendment) Bill (Senate Bill No.42 of 2023) . The Chairperson to report on this. Sen. Abdul Haji, you may proceed.

Mr. Temporary Speaker, I beg to report that the Committee of the Whole has considered the Energy (Amendment) Bill (Senate Bill No.42 of 2023) and seeks leave to sit again tomorrow.

I call upon the Mover.

Thank you, Madam Temporary Speaker. I beg to move that the House do agree with the Committee in the said report.

Who is seconding?

The Vice-Chairperson of the Committee.

The Vice-Chairperson is here.

Madam Temporary Speaker, the sponsor of the Bill is Sen. Sifuna and I just want to second. I thought he wanted to give my powers to his boss. I second.

Thank you, Sen. Kisang, for that.

[(Question proposed)]

[(Question put and agreed to)]

I would like to call upon the Chairperson to Report Progress on the Consideration of the National Assembly Amendments to the Persons with Disabilities Bill (Senate Bill No.7 of 2023) .

Madam Temporary Speaker, pursuant to Standing Order No.153, I beg to report that the Committee of the Whole has considered the National Assembly amendments to the Persons with Disabilities Bill (Senate Bills No.7 of 2023) and has instructed me to seek leave to sit again tomorrow.

Thank you, Senator. I would like to call upon the Mover, the Chairperson of this Committee, Sen. Murgor to report. Well, this was Sen. Asige's Bill. So, Sen. Asige, can you move the report?

Thank you, Madam Temporary Speaker. I thought I would not get the opportunity to move my own Bill. I beg to move that the House do agree with the Committee of the Whole in the said report. I request Sen. Mbugua to second.

Madam. Temporary Speaker, I second.

[(Question proposed)]

[(Question put and agreed to)]

I call upon the Temporary Chairperson to report on the progress.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the County Public Finance Laws Amendment Bill (Senate Bill No.39 of 2023) and seeks leave to sit again tomorrow.

I call upon the Mover. Sen. Miraj, do you have instructions?

Madam Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole in the said report. I ask Sen. Wakili Sigei to second.

Madam Temporary Speaker, I second.

[(Question proposed)]

[(Question put and agreed to)]

Chairperson, proceed to report.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the County Assembly Services Amendment Bill (Senate Bill No.34 of 2023) and seeks leave to sit again tomorrow.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole on the said report. I request Sen. Karen Nyamu to second.

Madam Temporary Speaker, I second.

Thank you, Sen. Karen.

[(Question proposed)]

[(Question put and agreed to)]

Madam Temporary Speaker, I beg to report that the Committee of the whole has considered the County Assembly Pensions Scheme Bill (Senate Bill No.14 of 2024) and seeks leave to sit again tomorrow.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole in the said report. I request Sen. Crystal Asige to second.

Madam Temporary Speaker, I second.

Thank you Sen. Asige.

[(Question proposed)]

[(Question put and agreed to)]

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the National Disaster Risk Management Bill (National Assembly Bills No.24 of 2023) and seeks leave to sit again tomorrow.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole in the said report. I request Sen. Edwin Sifuna to second.

Thank you, Madam Temporary Speaker. I second.

Thank you, Sen. Sifuna.

[(Question proposed)]

[(Question put and agreed to)]

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Land Amendment Bill (National Assembly Bills No. 40 of 2022) and seeks leave to sit again tomorrow.

Madam Temporary Speaker, I beg to move that the Senate do agree with the Committee of the Whole in the said report. I request Sen. Murgor to second.

Madam Temporary Speaker, I second.

[(Question proposed)]

[(Question put and agreed to)]

We have concluded that section and will now proceed to the next Order.