Senate · Afternoon Sitting

Wednesday, 10 July 2024

Session Summary

Sen. Chimera condemned the proposed salary increases and highlighted the role of NG‑CDF in his education, while urging the Senate to address youth unemployment and create fair business opportunities for Gen‑Z Kenyans. Sen. Wakili Sigei reflected on the unprecedented attack on Parliament, called for accountability across all levels of government, praised recent bipartisan legislation such as the IEBC Bill, and urged comprehensive governance reforms to tackle corruption, debt and service delivery. Senators criticised the draft health‑insurance regulations for breaching constitutional requirements on public participation and for lacking clarity on benefits, data protection and inter‑governmental responsibilities. They called for the rules to be withdrawn and re‑drafted, urging greater ministerial and committee engagement before any vote. The motion was deferred to a later sitting pending further scrutiny. Senator Faki highlighted the UNESCO‑backed World Kiswahili Day and urged the Senate to accelerate the use of Kiswahili in parliamentary business, including translating statutes and establishing a dedicated language institute. While celebrating recent successes such as a widely supported motion and cultural events, he noted that many initiatives remain unrealised, reflecting both enthusiasm and frustration. Other senators raised procedural matters, including a request for a statement on delayed internship stipends in Marsabit.

T
The Speaker (Hon. Kingi)

Clerk, do we have quorum? Clerk, you may proceed to call the First Order. Sen. Hamida Kibwana.

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

S
Sen. Tabitha Mutinda

Thank you, Mr. Speaker, Sir. This is a Petition by Sen. Hamida, and I will read it on her behalf. Petition on behalf of Mercy Jepchirchir. Petition to the Senate concerning the medical negligence and staff incompetency that led to the death of Ms. Annita Jepkorir at the Moi Teaching and Referral Hospital (MTRH) . Mr. Speaker, Sir, Mercy Jepchirchir, who is a citizen of the Republic of Kenya and …

S
Sen. Tabitha Mutinda

That, at the MTRH she was taken to theatre where they did a bronchoscopy, which showed that there was no evidence of a foreign body in her airway according to the report by Dr. Oloo. That, on 10th January, 2021, Annita was discharged from the hospital, but even before she was cleared, she developed a respiratory distress necessitating her to be re- admitted. That, on 13th January, 2021, the Hosp…

S
Sen. Tabitha Mutinda

report, which had indicated the presence of a foreign body in the right bronchi and the right lung had badly been damaged. That, after the post-mortem findings, we launched a complaint with the hospital management on account of negligence given that the hospital staff lied about removing the foreign body from Annita, which was not the case. This case of negligence subsequently caused her death, w…

T
The Speaker (Hon. Kingi)

Hon. Senators, pursuant to Standing Order No.238 (1) , I commit the Petition to the Standing Committee on Health for consideration. According to Standing Order No.238 (2) , the Committee is required, in not more than 60 calendar days from the time of reading this prayer, which is today, to table its report in the Senate for its consideration. The Senate shall thereafter consider and adopt the repo…

T
The Speaker (Hon. Kingi)

Sen. Faki, proceed with your Statement pursuant to Standing Order No.52 (1) .

S
Sen. Faki

Asante Bw. Spika. Nimesimama chini ya Kifungu cha Kanuni za Kudumu No. 52 (1) kusoma Taarifa kuhusu kuadhimishwa kwa siku ya Kiswahili duniani inayofanyika tarehe saba, mwezi wa saba, kila mwaka. Siku hii iliteuliwa na

S
Sen. Faki

shirika la Elimu na Sayansi na Utamaduni wa umoja wa mataifa UNESCO ili kuadhimisha lugha ya Kiswahili kila mwaka kuanzia mwaka wa 2022. Chimbuko la Kiswahili ni Afrika Mashariki. Kwa sasa, lugha hii inazungumzwa kwa mataifa kumi na nne ikiwemo Kenya, Uganda, Tanzania, Rwanda, Burundi, Jamhuri ya Demokrasia ya Congo, Sudan Kusini, Msumbiji, Malawi, Zambia, Comorros, Oman na Yemen katika Mashariki…

S
Sen. Faki

Kwa Kiswahili inajulikana kama akili nemba ama akili unde. Masuala hayo hatuwezi kuyajua kama hatujapata taasisi kama hii itakayofanya utafiti. Lugha ya Kiswahili ni mojawapo ya lugha zinazokuwa kwa kasi mno. Hivyo basi, kuwepo kwa taasisi hiyo kutasaidia pakubwa kudhibiti lugha hii. Nikimalizia, ningependa kutambua mchango wa ndugu yetu mtangazaji Nuhu Zuberi Bakari ambaye juzi alitoa shairi kuh…

T
The Speaker (Hon. Kingi)

We will take interventions at the end of all the Statements. Next are Statements pursuant to Standing Order No.53 (1) . If the Senator for Vihiga is not here, that Statement is dropped.

T
The Speaker (Hon. Kingi)

Sen. Chute, you may proceed.

S
Sen. Abass

Mr. Speaker, Sir, I would like to read the Statement on behalf of the Senator for Marsabit County, Sen. Chute. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding delayed disbursement of stipend to interns by the County Government of Marsabit. In the Statement, the committee should-

T
The Speaker (Hon. Kingi)

Next is the Statement by Sen. Wafula. If he is not here, that Statement is dropped.

S
Sen. Osotsi

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health, regarding the status of pending bills owed to the Kenya Medical Supplies Agency (KEMSA) by counties, from the Financial Year 2021/2022 to date. In the Statement, the committee should-

T
The Speaker (Hon. Kingi)

Sen. Dullo.

S
Sen. Dullo

Thank you, 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 abduction of three young persons, namely Mukhtar Tache Ali, Nura Abdidiba, and Issa Osman Guyo in Isiolo County on Saturday, 6th July, 2024, by unknown individuals in two black Prados and a white Subaru. In the s…

T
The Speaker (Hon. Kingi)

Next order. Proceed, Sen. Tabitha Keroche.

S
Sen. Gataya Mo Fire

Mr. Deputy Speaker, Sir, I beg to move the following Motion- THAT, this House adopts the Report of the Select Committee on Delegated Legislation on its consideration of the Social Health Insurance (General) Regulations, 2024, and the Social Health Insurance (Tribunal Procedure) Rules, 2024, Legal Notice No.49 of 2024 laid on the Table of the Senate on Wednesday, 20th March, 2024; Pursuant to…

[(Legal Notice No.48 of 2024)]

[(Legal Notice No.48 of 2024)]

S
Sen. Gataya Mo Fire

Health Insurance (Tribunal Procedure) Rules 2024, (Legal Notice No.49 of 2024). Allow me to highlight some of the provisions of the Social Health Insurance (General) Regulations, 2024 (Legal Notice No.49 of 2024) and the Social Health Insurance (Tribunal Procedure) Rules 2024, (Legal Notice No.48 of 2024). The regulations may be cited as the Social Health Insurance (General) Regulations, 2024 and …

T
The Deputy Speaker (Sen. Kathuri)

Sen. Maanzo, proceed.

S
Sen. Maanzo

Mr. Deputy Speaker, Sir, I am one of the Members of the Committee on Delegated Legislation. As you know, you and I have been in the National Assembly for 10 years, and currently serving our third term of Parliament. I am blessed to have been a Member of the Committee on Delegated Legislation for 12 years now. Mr. Deputy Speaker, Sir, with these regulations of the Social Health Insurance Fund (SHI…

S
Sen. Maanzo

They gave an organized Gazette notice and, in fact, announced that these regulations were to be effective by 1st July. Of course, the tariffs were never published and there was a little bit of disorganization in the presentation of these regulations and keenly with the tariffs missing, then the regulations had a gaping hole. We pleaded with the Ministry to let us have these tariffs. We have never…

S
Sen. Maanzo

Health is a very serious matter. You heard the Senator for Migori talk of his experiences on how he, unfortunately, lost his mother due to lack of very little money, health insurance and such. Many Kenyans are going through this and many of the Gen Z are not insured. Many of the Gen Z and many other Kenyans would want to know how they will be treated when there is a need of this nature, for instan…

[[The Deputy Speaker (Sen. Kathuri) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

T
The Temporary Speaker (Sen. Wakili Sigei)

Thank you very much, Senator from Makueni for seconding the Motion. Hon. Senators, I now call upon Members who are willing to speak to this Motion. I, therefore, give the opportunity to Sen. Mohammed Faki, the Senator for Mombasa.

[(Question proposed)]

S
Sen. Faki

Asante, Bw. Spika wa Muda, kwa kunipa fursa hii kuchangia Ripoti ya Kamati ya Sheria Endelezi ya Bunge la Seneti katika kuchunguza na kuidhinisha Kanuni za Sheria ya Afya ya Kijamii, zilizoletwa hapa Bungeni na zilizochapishwa katika Gazeti Rasmi la Serikali namba 492004 na 482004. Ningependa kuipongeza Kamati hii ikiongozwa na Sen. Mwenda Gataya Mo Fire kwa umaahiri wake kuchunguza kanuni kama h…

S
Sen. Faki

iwapo sheria mama, itakinzana na kanuni, basi sheria mama ndiyo huwa inachukua kipau mbele kwa sababu imetungwa na wale waakilishi wa wananchi, moja kwa moja. Bw. Spika wa Muda, jambo la nne ni kuwa Wizara ama jopo husika lililotayarisha maswala haya ama kanuni hizi halikuweza kupambanua maswala fulani yaliyo muhimu katika maswala haya. Kwa mfano, halikuweza kupambanua mfumo wa mchango wa kila mw…

T
The Temporary Speaker (Sen. Wakili Sigei)

Sen. Faki, are you done?

S
Sen. Faki

Yes, Mr. Temporary Speaker, Sir.

T
The Temporary Speaker (Sen. Wakili Sigei)

Thank you.

T
The Temporary Speaker (Sen. Wakili Sigei)

Hon. Members, there being no other Senator interested in contributing to this Motion, I call upon the mover to reply. Sen. Gataya Mo Fire, proceed.

S
Sen. Gataya Mo Fire

Thank you, Mr. Speaker, Sir. It should be noted that the Committee on Delegated Legislation has scrutinised several instruments for that matter. I wish to sincerely thank quite a number of ministries, including the Ministry of Lands, Public Works, Housing and Urban Development led by Hon. Wahome, for getting to know what these regulations really tell. We have a provision where an entity can bring…

T
The Temporary Speaker (Sen. Wakili Sigei)

Thank you. You may take your seat. Hon. Members, Pursuant to Standing Order No.84 (1) , the matter is affecting counties, and therefore, as requested by Sen. Gataya Mo Fire, the the putting of the question on the matter is deferred to the next sitting pursuant to Standing Order No.66 (3) as requested. Clerk, proceed to the next Order.

[(Putting of the Question on the Motion deferred)]

T
The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate and the Senate therefore stands adjourned until tomorrow, Thursday, 11th July, 2024 at 2.30 p.m. The Senate rose at 6.30 p.m.