Senate · Afternoon Sitting

Tuesday, 8 August 2023

Session Summary

Senator Cheruiyot tabled and moved the Public Finance Management (Amendment) Bill for a second reading, praising the diligence of the Finance and Budget Committee while highlighting procedural delays and the complexity of the PFM Act. He emphasized the need for a robust framework to monitor public debt and improve transparency, noting past shortcomings in reporting mechanisms. The discussion was largely procedural but included constructive criticism of existing debt reporting practices. Sen. Khalwale highlighted the need for scientific debt management and the role of GDP growth in determining borrowing capacity, citing pandemics, climate change, internal conflict and external shocks as exceptional circumstances. Sen. Faki supported the amendments but raised concerns about currency depreciation, constitutional breaches in reporting requirements, and the potential impact on Kenya's debt sustainability. Senators used Standing Order No.53 to request statements from various committees on issues such as school infrastructure, teenage pregnancy, the recruitment of the Competition Authority director‑general, pending county bills and alleged credit‑company malpractices. The Speaker allocated limited time for debate, during which members voiced support for addressing county debt and criticised delays at the Competition Authority and predatory repossession of boda‑boda motorcycles. The session highlighted concerns over financial management, regulatory oversight and service delivery.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum?

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

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The Speaker (Hon. Kingi)

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Serjeant-at-Arms, I am informed that we now have quorum. You may stop the Bell. Clerk, proceed to call the first Order.

[(The Quorum Bell was rung)]

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The Speaker (Hon. Kingi)

Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting teachers and students from Katutu Girls Secondary School, Kitui County. The group comprises three teachers and 48 students who are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome…

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The Speaker (Hon. Kingi)

This school is situated in Kitui County. I will, therefore, allow the Senator for Kitui County, under one minute, to welcome the delegation.

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Sen. Wambua

I thank you, Mr. Speaker, Sir, for allowing me this opportunity to join you and my colleagues in welcoming visiting students and teachers from Katutu Secondary School. Indeed, it is true that, Katutu Girls Secondary School is in Kitui County, Kauwi Ward, which is my ward. I am happy to have the students and the teachers visiting the Senate today to apprise themselves of the work that their Senator…

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.8 (3) and (4) , I have received a Message from the Speaker of Nyandarua County Assembly. The effect of which is to petition the Senate to consult with the Kenya Wildlife Service (KWS) , the National Environmental Management Authority (NEMA) , the Kenya Forest Service (KFS) and other Government agencies, and speed up …

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The Speaker (Hon. Kingi)

Heritage on the gazettement of Lake Ol’Bolossat as a national reserve under the Kenya Wildlife Conservation and Management Act, 2013, to facilitate more effective conservation measures and boost eco tourism. CONCERNED THAT despite these efforts, the lake's ecosystem has significantly dwindled due to human activities and that its area has shrunk from around 10,000 hectares to about 2,000 leading t…

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Sen. Lomenen

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of international and general topical concern, namely the release of Turkana pastoralists arrested and jailed in Uganda. Pastoralists in Turkana County have been facing recurring droughts that severely impact on the availability of pasture and water for their livestock. Due to this, many pastor…

[(Loud Consultations)]

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The Speaker (Hon. Kingi)

Senate Majority Leader and your counterpart on the other side, kindly allow the Senator to be heard in silence.

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Sen. Lomenen

Historically, pastoralist communities on both sides of the border have maintained cultural and social ties and have followed migratory grazing patterns, moving their livestock seasonally to areas of greener pasture. This, however, has come under threat in the recent past with the constant harassment of Kenyan pastoralists by Ugandan authorities. More recently, in April 2023, 32 Kenyan pastoralist…

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The Speaker (Hon. Kingi)

Proceed, Sen. Okenyuri.

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Sen. (Dr.) Khalwale

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

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The Speaker (Hon. Kingi)

What is it about? Certainly, you cannot rise on a point of order, Sen. (Dr.) Khalwale.

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The Speaker (Hon. Kingi)

Sen. (Dr.) Khalwale, let me help you out. Do you want to make an intervention so that you get some clarification?

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Sen. (Dr.) Khalwale

Mr. Speaker, Sir, thank you for being accommodative. If Members have listened keenly, they have heard that 32 Kenyans have been jailed for 20 years each in a foreign country. This is the first time that the matter is coming before the Parliament of Kenya. Kenya and Uganda are both signatories to the East African Treaty. The President of Uganda and his Government cannot be paying lip service to th…

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The Speaker (Hon. Kingi)

Sen. (Dr.) Khalwale, I allowed you to seek clarification not to debate the Statement.

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Sen. (Dr.) Khalwale

Mr. Speaker Sir, the clarification that I am seeking is that can you not find under Standing Order No.1, a small way we can convert this matter into an Adjournment Motion so that we call this friendly nation to order? If we cannot succeed, we should proceed to the East African Court of Justice where these people would have been tried and received fair service.

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The Speaker (Hon. Kingi)

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Sen. Okenyuri

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern, namely International Youth Day. Mr. Speaker, Sir, the International Youth Day is an annual event observed globally on the 12thAugust by the United Nations General Assembly Resolution 54 out of 120 of 1999. With the first International Youth Day being observed in 20…

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Sen. Okenyuri

day, therefore, calls upon everyone to join the efforts of the United Nations and help it achieve its sustainable development goals. In Kenya, the commemoration of International Youth Day will take the form of a celebration of youth week, whereby a flurry of youth events and activities have been planned to run for a full week, beginning Monday, that was yesterday and envisioned to culminate in th…

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Sen. Okenyuri

tree planting and the Chebloch Gorge Divers Rescue Team, which is a youth group that has been responding to cases of drowning in the North Rift counties. Mr. Speaker, during this youth week, let us recommend ourselves to empower the youth with green skills as well as access to resources and opportunities. We must collaborate on policies that promote sustainable development, encourage eco-friendly…

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The Speaker (Hon. Kingi)

We are now on Statements pursuant to Standing Order No. 53 (1) . Hon. Sen. Omogeni proceed.

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Sen. Omogeni

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Education regarding the learner infrastructure support for national schools in Kenya. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Munyi Mundigis’ Statement is deferred. The Senator has informed me that he will not be in the House today.

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Sen. Faki

Asante, Mhe. Spika. Nimesimama kwa mujibu wa Kanuni ya Kudumu 53 (1) za Seneti kuomba taarifa kutoka kwa Kamati ya Kudumu ya Barabara, Uchukuzi na Makao, kuhusu barabara zinazomilikiwa na mamlaka ya Kenya Urban Roads Authority (KURA) katika Kaunti ya Mombasa. Katika taarifa hiyo, Kamati iangazie yafuatayo-

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The Speaker (Hon. Kingi)

Sen. Ogola, proceed.

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Sen. Ogola

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a statement from the Standing Committee on Education concerning the high rate of teenage pregnancies in Homa Bay County. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Chimera proceed.

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Sen. Chimera

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Labor and Social Welfare, regarding the status of recruitment of the Director-General of the Competition Authority of Kenya (CAK) . In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Kibwana proceed.

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The Speaker (Hon. Kingi)

Sen. Cherarkey, proceed.

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Sen. Cherarkey

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialisation and Tourism regarding alleged malpractices and exploitation of Kenyans by Watu Credit. In the Statement, the Committee should -

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The Speaker (Hon. Kingi)

Sen. Osotsi, proceed.

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The Speaker (Hon. Kingi)

Serjeant-at-Arms, kindly proceed to ring the Division Bell for five minutes.

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The Speaker (Hon. Kingi)

and Standing Order 189 (3), the Senate approves the County Governments (Equitable Share) Cash Disbursement Schedule for Financial Year 2023/2024 put and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen.Chute, Marsabit County; Sen. Dul…

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The Speaker (Hon. Kingi)

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

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The Speaker (Hon. Kingi)

Serjeant-at-Arms, you many now open the doors and withdraw the bars. Hon. Senators, we will pick it up from where we were before we re-arranged the sequence of the Order Paper – that is Statement pursuant to Standing Order No. 56 (1) (b) . Proceed, the Chairperson of the Committee on County Public Investments and Special Funds.

[(The doors were opened and bars undrawn)]

[(Resumption of Statements)]

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Sen. Osotsi

Mr. Speaker, Sir, I wish to make a Statement relating to the activities of the Committee on County Public Investments and Special Funds (CPISFC) ,

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Sen. Osotsi

made pursuant to Standing Order No.56(1)(b) for the period between 15th April, 2023 to 30th June, 2023. Mr. Speaker, Sir, during the period under review, the Committee held a total of 34 meetings in which it considered the reports of the Auditor-General on the financial statements of county owned water companies and the matter of non-remittance of pension deduction by entities in counties. Mr. S…

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Sen. Osotsi

The Committee is also scheduled to commence its interrogations on the Auditor- General’s reports on the financial statements of funds within counties in September,

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The Speaker (Hon. Kingi)

The Chairperson, Sessional Committee of Delegated legislation, you may have the Floor.

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The Speaker (Hon. Kingi)

Hon. Senators, before we move to the next Order, I would like to acknowledge the presence in the Public Gallery this afternoon, of visiting teachers and students from Majani Mingi Secondary School. The group comprises six teachers and 41 students who are in the Senate for a one- day academic exposition. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welc…

[(Applause)]

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Sen. Cheruiyot

Thank you, Mr. Speaker, Sir. I take this opportunity on behalf of the Senate to welcome the visiting students and teachers from Majani Mingi Secondary School in Nakuru County. It is a neighbouring county not far from where I come from.

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Sen. Cheruiyot

I hope and believe that these young children will get the full value for the time they have taken to visit with this House. This has been a very eventful afternoon with many reports being presented, Motions being processed and, in the next few minutes, they will hear a Bill being moved by none other than the Majority Leader. It is not on every afternoon that you get to have a spice of everything t…

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Second Reading

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The Speaker (Hon. Kingi)

Senate Majority Leader, proceed to table the report and then move it.

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Sen. Cheruiyot

Thank you, Mr. Speaker, Sir, I needed that guidance.

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Members, having invoked the provision of Standing Order No.34 (2) (a) earlier on, it is now 6.45 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Wednesday, 9th August 2023, at 9.30.a.m. The Senate rose at 6.45 p.m.