Senate · Morning Sitting

Clerk, as the Serjeant-at-Arms covers the Mace, kindly usher in the Cabinet Secretary and his team. [The Cabinet Secretary for Interior and National Administration , the Inspector General of Police , the Vice-Chairperson of the National Police Service Commission , the Director, Directorate of Criminal Investigations and the Vice- Chairperson, Independent Policing Oversight Authority were us…

[(The Mace was covered)]

[(Hon. Kipchumba Murkomen)]

[(Mr. Douglas Kanja)]

[(Mr. Edwin Cheluget)]

[(Mr. Mohammed Amin)]

[(Ms. Ann Mwangi)]

[(Loud consultations)]

Thereafter, we will resume the normal flow of the Order Paper of the day by allowing you to respond to the questions that are scheduled for you to respond today. Once the two hours are done interrogating this particular matter, you will be requested to move to the other side of the Chamber where ordinarily Cabinet Secretaries respond to questions in the Senate. Yesterday I directed that the Cabine…

[(Loud consultations)]

Thank you. Yes, Sen. (Dr.) Boni.

Mr. Speaker, Sir, I thank you for this unprecedented decision. However, we do not want to do anything this morning in vain, because Parliament does not speak in vain. Mr. Speaker, Sir, having suspended the sittings of the House, you can see the Mace has been now insulated. This has legal implications. Therefore, technically it means that whatever we transact during these two hours will not count.…

Sen. (Dr.) Boni, if you listened to my Communication, the last paragraph was to that effect. That whatever is going to be transacted in this particular session will input the report of the Standing Committee on National Security, Defence and Foreign Relations. If you were here yesterday, you are aware that this matter was committed to that Committee. However, Hon. Senators wanted to engage directl…

Mr. Speaker, Sir, understanding that we are sitting as a Committee of the Whole, I kindly request that before any of the gentlemen appearing before this House today say anything, including their names, they be put under oath. Thank you.

[(Applause)]

Yes, Sen. Wambua

Thank you, Mr. Speaker, Sir. I seek clarification from the Chair, a follow-up to what Sen. (Dr.) Khalwale has just said. At the end of this session, are we going to have resolutions from this sitting that will be binding on the Committee to which this matter has been directed?

Yes, Senator for Nandi County.

Mr. Speaker, Sir, thank you for this opportunity. I rise under Standing Order No.183 because we need clarity. Borrowing from what Sen. Sifuna and Sen. (Dr.) Khalwale have said, when all matters referred to a Committee of the Whole have been considered, the Chairperson shall be directed by Motion to report to the Mr. Speaker, Sir, you are the Chair. Of course, I believe in your capacity and abilit…

Hon. Senators, for purposes of bringing clarity to this session, this is not a Committee of the Whole. The House is suspended. We have just suspended the sittings of the Senate pursuant to Standing Order No.38. Therefore, this is not a Committee of the Whole. I do not need to report after this to any other person or a Motion will not be caused or ensued after this session. We have suspended the si…

Mr. Speaker, Sir, thank you very much for giving me this opportunity to raise a clarification. This matter extends beyond the Standing Committee

on National Security, Defence and Foreign Relations. The issue affecting Albert Ojwang’ is also a human rights concern. Therefore, I am requesting that the wisdom of the Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights be also involved in this discussion. That Committee should also be seized of what happened to Albert Omondi Ojwang’. Thank you.

When we resume the official sitting of the Senate and such a request is made, I will certainly give guidance on that particular matter. Yes, Sen. Dullo.

Mr. Speaker, Sir, I am just seeking clarification. We have summoned the team that is before the House tomorrow, 12.00 noon. Having this deliberation, does it mean that they will not appear before the Committee and we will go by the resolution of the House? Maybe we need direction on that.

Hon. Dullo, no resolution will be passed in this session. Whatever happens here will only serve as input for the Committee’s work. The Committee should proceed with its sittings uninterrupted. However, it will benefit from the interaction we are going to have in this session. Proceed, Sen. Kajwang’.

Mr. Speaker, Sir, as the Senator for Homa Bay County, where the gentleman killed by the police came from, I am concerned about whether we are going to prosecute this like a kamkunji. Please assure us that we shall proceed pursuant to Article 125 of the Constitution and examine the witnesses under oath. Otherwise, if we take the kamkunji route, we will get political statements. We will be told that…

That is very valid. Hon. Senators, we need to start this session. Following on what the hon. Senator for Homa Bay County has said, we are here to hear nothing but the truth. The only way we can get the truth is when statements are made under oath.

[(Applause)]

[(Loud consultations)]

Hon. Senators, this question is to the Clerk. Allow him to respond for purposes of the record. (The Clerk-at-the-Table consulted the Speaker) I am informed that the Chairperson of IPOA wrote a letter indicating that he will not be in a position to be with us today, but he has sent his Deputy. Before we start, Clerk, kindly administer the oath to the team and thereafter, I will call Sen. Eddy, th…