Senate · Afternoon Sitting

Tuesday, 8 November 2022

Session Summary

Senators expressed strong support for Kenya's delegation to the Pan‑African Parliament, highlighting the experience of Senators Mungatana and Prof. Kamar and urging gender balance and broader inclusion of youth and persons with disabilities. The debate also referenced climate change and climate justice, noting Africa's minimal contribution to global emissions and the need for regional action. Overall, the tone was congratulatory and forward‑looking with minimal procedural friction. Sen. Faki condemned the diversion of KMA training funds to a maritime liaison office in the UK, labeling the payment illegal and urging a committee investigation into the misallocation that threatens seafarer training. Sen. Sifuna highlighted the ongoing Kenya Airways pilots strike, blaming poor airline governance and government threats to the union, and called for lasting solutions to the underlying work‑condition issues. The session also touched on procedural concerns about discussing sub‑judice matters in the Senate. Senators highlighted the chronic problem of unpaid county bills to suppliers, warning that accumulated liabilities create a perpetual ‘merry‑go‑round’ and impede new projects. The Senate debated the need for legislation to prioritize and clear pending bills, while also moving a motion to approve members for the Pan‑African Parliament amid light procedural banter.

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The Speaker (Hon. Kingi)

First Order, please.

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Sen. Orwoba

Hon. Speaker, it is my pleasure and privilege to introduce to you and the Senate, our newest nominated Senator, Sen. Okenyuri Esther Anyieni. The oath of allegiance was administered to the following Senator- Sen. Okenyuri Esther Anyieni.

[(Sen. Okenyuri Esther Anyieni approached the Bar, bowed to the Chair and took her seat)]

[(Several Senators walked into the Chamber)]

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The Speaker (Hon. Kingi)

Hon. Senators, before we move to the next Order, I will give an opportunity to one or two Senators to pass a message of congratulations to the newly sworn in Senator. Sen. Orwoba, proceed.

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Sen. Orwoba

Thank you, Mr. Speaker, Sir, for this opportunity. I welcome my fellow nominated Senator, Okenyuri Esther Anyieni, to the family. We are very happy to have an additional resource in the group of nominated Senators.

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Sen. Orwoba

We believe that you are going to represent the women, for whom you have been nominated to ensure their matters are being touched on. We believe you are going to do a good job. Karibu sana. We look forward to very engaging four years with you.

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The Speaker (Hon. Kingi)

Sen. Osotsi, proceed.

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Sen. Osotsi

Mr. Speaker, Sir, I did not intend to speak now but somehow, my button was on.

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The Speaker (Hon. Kingi)

There is someone who wants to speak. So, do not do what you are not prepared to do. Sen. Mungatana, the Floor is yours.

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Sen. Mungatana, MGH

Mr. Speaker, Sir, I would like to join my colleague, Sen. Orwoba, in welcoming our sister Senator into the House. We are looking forward to her robust contribution on the Floor of this House and in the Committees. We encourage her to speak and speak more about the issues of women in the country and to be a true representative of what brought her into this Senate. We also encourage our colleague t…

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The Speaker (Hon. Kingi)

Sen. Oketch Gicheru, proceed.

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Sen. Oketch Gicheru

Thank you, Mr. Speaker, Sir. It is my humble honour and pleasure to also convey my humble congratulations to Sen. Okenyuri for being nominated into the House. Despite the fact that she is nominated to represent the interest of women, this is also the House that anchors devolution. We are a House that is established honourably under Article 96 of the Constitution and we enjoy the privileges given …

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The Speaker (Hon. Kingi)

Thank you. With four of us speaking, we should rest that matter there. Let us move on to the next Order, Clerk.

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The Speaker (Hon. Kingi)

Hon. Senators, I take this opportunity to welcome you back to Part Three of the First Session that will run from today, Tuesday, 8th November, 2022 to Thursday, 1st December, 2022. Indeed, it was a short recess that was largely taken up by induction programmes of the Senate Business Committee (SBC) and all Senators. The programmes that we were

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The Speaker (Hon. Kingi)

taken through were rich with information crucial to the execution of our constitutional mandate, as the institution of the Senate and respective Senators. As the Senate leadership, we were impressed with the commitment, dedication and interaction during the induction programmes. We developed a concrete road map to navigate this August House and enhance the Senate legislative output.

[(Applause)]

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The Speaker (Hon. Kingi)

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46 (3) and (4) , I have received the following Messages from the Speaker of the National Assembly, regarding the approval by the National Assembly of Members of Parliament (MPs) for appointment to the Pan-African Parliament. Pursuant to the said Standing Order, I now report the Message: “Pursuant to the provisions of…

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The Speaker (Hon. Kingi)

Next Order. Proceed, Sen. (Dr.) Khalwale.

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The Speaker (Hon. Kingi)

Where is the Senate Majority Leader?

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Sen. (Dr.) Khalwale

Mr. Speaker, Sir, I apologize for wasting the Houses time, it slipped me that I was holding brief for the Senate Majority Leader. Mr. Speaker, Sir, I beg to give notice of the following Motion-

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Sen. (Dr.) Khalwale

THAT, pursuant to Article 5 of the Protocol to the Treaty establishing the African Economic Community and relating to the Pan-African Parliament, the Senate approves the appointment of the following Members of Parliament to the Pan-African Parliament –

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The Speaker (Hon. Kingi)

Hon. Senators, before we proceed to the next Order, I have a communication to make. In the public gallery, we have 46 pupils accompanied by five teachers from Kiahuko primary school in Nyeri County who are in the Senate on an educational tour. In our usual tradition receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate wish them a fruitful vis…

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Sen. Wamatinga

Mr. Speaker, Sir, I take this opportunity to welcome the pupils from Nyeri County, Kieni West sub-county to the Senate. The journey to this place - for all of us - has not been easy but they have what it takes. After completion of their education, they too can work very hard and join the Senate. This is the House that regulates, controls and oversights the county governments. I am pleased to say …

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The Speaker (Hon. Kingi)

Thank you. Next Order.

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Sen. Beth Syengo

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order 52 (1) to make a Statement on an issue of general topical concern namely, the actualization of the not more than two-thirds gender rule. Article 27 (8) of Kenya’s Constitution, 2010 provides for legislative and other measures to implement the principle that not more than two thirds of the members of elective or appointive bodies shal…

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Sen. Beth Syengo

year’s election, 29 women were elected Members of the National Assembly, six more than were elected in 2017. The Senate fulfilled the not more than two-thirds gender rule in the 12th Parliament, with 4 elected women Senators and 18 nominated women Senators. However, in the 13th Parliament the rule has not been met. It is essential for Parliament to adhere to the not more than two-thirds rule as s…

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The Speaker (Hon. Kingi)

Pursuant to Standing Order 52 (3) I refer this particular Statement to the relevant Committee.

[(The Statement was referred to the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration)]

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Sen. Faki

Thank you Mr. Speaker, Sir. I rise, pursuant to Standing Order 52 (1) , to make a Statement on a matter of general topical concern and national importance, namely; the illegal diversion of Kshs47,394,600/- from the Staff Training Fund of the Kenya Maritime Authority (KMA) to the Kenyan High Commission in London. The Kenya Maritime Authority (KMA) was set up in the 2004 as a Semi- Autonomous Gover…

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Sen. Faki

The KMA falls under the Ministry of Transport, Infrastructure Housing, Urban Development and Public Works. Currently there is a Ministry of Mining, Blue Economy & Maritime Affairs, Sometimes in June, 2022, the Principal Secretary (PS) in charge of the State Department of Shipping and Maritime wrote to the Acting Director-General of KMA seeking a budget line for establishment of the office of a Ma…

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The Speaker (Hon. Kingi)

It is so referred.

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The Speaker (Hon. Kingi)

(The Statement was referred to the Standing Committee on Roads, Transportation and Housing) Proceed, Sen. Sifuna.

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Sen. Chute

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare concerning the on-boarding process of employees in the County Government of Marsabit. In the Statement, the Committee should give-

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The Speaker (Hon. Kingi)

It is so referred. Sen. Kavindu Muthama is not in and there is no one holding her brief. We will proceed to Sen. Orwoba.

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Sen. Orwoba

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Information, Communication and Technology (ICT) on allegations of mismanagement of the Media Council of Kenya (MCK) funds. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

It is so referred.

[(The Statement was referred to the Standing Committee on ICT)]

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Sen. (Dr.) Khalwale

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Finance and Budget on the status of pending bills in Kakamega County as at August 2022. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Onyonka.

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Sen. Onyonka

Thank you, Mr. Speaker, Sir. I would like to commend my senior, Sen. (Dr.) Khalwale, for raising this matter of pending bills. How I wish that he raised the question regarding all the county governments in Kenya. The issue of pending bills is the big elephant in the House. We are all aware that many of our county governments face this problem, including Kisii County Government, which has pending …

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Sen. Onyonka

People who supplied materials and equipment have not been paid and have taken longer than nine years. I hope our Committee on Finance and Budget will be seized of and engaged on the matter in order to come up with clever and ingenious ways on how we can solve this problem once and for all. Mr. Speaker, Sir, the problem we have is that without sorting out this pending bills issue, we will continue…

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The Speaker (Hon. Kingi):

Thank you, Mr. Speaker, Sir. I want to weigh in on the pending bills. I agree with Sen. (Dr.) Khalwale that this is very key. The pain is that service providers go a long way in securing loans or credit facilities to supply counties. Years down the line, with accumulated interest, the suppliers are then told that they cannot be paid. The concern of Sen. (Dr.) Khalwale is a real concern for all su…

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Sen. (Prof.) Tom Ojienda, SC

Sen. Thang’wa, please, proceed.

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The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir. If we do not arrest the issue of pending bills in the counties now, it is still going to be a menace in the future years to come. Truth be told, new governors are not willing to pay pending bills of the previous governors. Sometimes, they even stop ongoing projects started by the previous governors. It is because they also want to be seen to be working by starting new …

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Sen. Thang’wa

Thank you. Let us rest it at that. Next Order.

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The Speaker (Hon. Kingi)

Thank you. Let us rest it at that. Next Order.

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The Speaker (Hon. Kingi)

Next Order.

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The Temporary Speaker (Sen. Wakili Sigei)

H
Hon. Senators, it is now 6

30pm, time to interrupt the business of the Senate. The Senate therefore, stands adjourned until tomorrow, Wednesday, 9th, November, 2022 at 2:30pm. The Senate rose at 6:30 p.m.