Senate · Afternoon Sitting

Clerk, do we have quorum? Clerk, now that we have the quorum, kindly proceed to read the First Order.

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

[(Several Senators walked into the Chamber)]

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, officers from the County Assembly of Elgeyo-Marakwet. The officers are in the Senate for a five-day training on e-Parliament and HANSARD Systems. I request each member of the delegation to stand when called out, so that you may be acknowledged in the Senate tradition. Mr. David Barngetuny - Head of …

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to the delegation, and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

[(Applause)]

Hon. Senators, again, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of a delegation from the County Assembly of Kakamega, comprising Members of the Committee on Justice and Legal Affairs and its secretariat. The delegation is undertaking a three-day benchmarking visit in the Senate. I request each member of the delegation to stand when called out, so that you ma…

[(Applause)]

Hon. Senators, I have a third communication to make. I would like to acknowledge the presence of, in the Speaker’s Gallery this afternoon,

officers from the Serjeant-at-Arms Department of the County Assembly of Kilifi. The officers are in the Senate for a four-day benchmarking visit with their counterpart. I request each officer to stand when called out, so that you may be acknowledged in the Senate tradition. Mr. Ibrahim Mwavinga Tembo - Serjeant-at-Arms Mr. Harold Sipha Mwatata - Serjeant-at-Arms Ms. Janet Amina Mramba - Serjeant…

[(Applause)]

Bw. Spika, kwa heshima na taadhima, najiunga nawe kuwakaribisha wageni wetu kutoka kaunti tatu za nchi yetu ya Kenya.

Senate Minority Leader, the Chair is Speaking. You know Mijikenda is not one of the languages that is Parliamentary. Kindly withdraw the word enyeko and proceed to welcome the guests.

[(Laughter)]

Hapa hatuna siasa zile za kulumbana, za juu ambazo watu hawaelewani kama ndugu. Hapa tunafanya ile bipartisan debate kisha tukiona pande fulani kuna suggestion nzuri zaidi, huwa tunakubaliana. Hata hivyo, kwa mara nyingi utakuja kuona kwamba misimamo mikali pia huwa tunaifanya ndani ya Bunge letu la Seneti. Kwa hivyo, tuna uhakika mmejionea na mtawajibika. Tuko na Serjeant-At-Arms hapa ambao wana…

Proceed, Senate Majority Whip.

Thank you, Mr. Speaker, Sir. It is a privilege for me to welcome the delegations from Elgeyo-Marakwet, Kilifi and the land of bull fighting. With your permission, allow me to say in Kiswahili, karibuni. Mr. Speaker, Sir, because of the respect I have for culture, I beg you to bear with me to tell my colleagues from Elgeyo-Marakwet otogotin and of course, my people from the land of bull fighting, …

Hon. Senator, you know as the Chair, I do not have power to allow you to use other languages other than English and Kiswahili. Kindly, confine yourself to those two languages as you make your welcoming remarks.

Mr. Speaker, Sir, I stand guided, but language is dynamic. The leaders who have come from Elgeyo-Marakwet, you come from a special county. It is one of the most beautiful landscapes in the Republic of Kenya. I hope through your leadership, that beauty will be translated into performance of the County Government of Elgeyo-Marakwet. The county has produced one of the longest serving Senators in thi…

[(Laughter)]

formed. How the Speaker of Kakamega worked for ten years making laws without this Committee beats logic. Given that he was a lawyer, posterity is really going to judge him badly. I want to encourage the Members of JLAC from Kakamega County regarding certain committees. Just as here, the Committees of JLAC, Budget and Finance, Public Accounts and Investments, any government that does not have thos…

Sen. Kisang, proceed.

Thank you, Mr. Speaker, Sir. On behalf of the Senate, I wish to welcome the teams from Elgeyo-Marakwet, Kilifi and Kakamega counties to the Senate. Elgeyo-Marakwet is a county of champions. Most people who win in the marathon and other athletics are from Elgeyo-Marakwet County. It is a good county. The former Senate Leader of Majority before he was sacked in the last Parliament was also from Elge…

[(Doctor of Philosophy)]

Proceed, Sen. Wambua.

Thank you, Mr. Speaker, Sir, for this opportunity to also join you and my colleagues to welcome the delegations from Kilifi, Kakamega and Elgeyo- Marakwet counties. I have listened to the words of Sen. (Dr.) Khalwale on how gracious God has been to the people of Kilifi County. That, you started off the House of the Senate back in the days and today, the Speaker of the Senate of the Republic of Ke…

To the people of Elgeyo-Marakwet County, yes, it is true that it is a county that has produced runners and champions. However, there is also some little shame that is creeping into that county. We are being treated to news of bandits taking over the county, including going to take one of their own from a hospital bed. That is not a very good story. To the people of Kakamega County, Sen. (Dr.) Kha…

Next Order.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 12th April, 2023. Report of the Standing Committee on Trade, Industrialisation and Tourism on the County Licensing Uniform Procedures 2022 (Senate Bills No.9 of 2022) .

[(Sen. Okenyuri laid the document on the Table)]

The Chairperson or any Member of the Standing Committee on Agriculture, Livestock and Fisheries, proceed.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 12th April, 2023. Report of the Standing Committee on Agriculture, Livestock and Fisheries on the Agriculture and Livestock Extension Service Bill 2022 (Senate Bills No.12 of 2022) . The Speaker (Hon. Kingi) : Next Order, Clerk.

[(Sen. Wamatinga laid the document on the Table)]

Next Order, Clerk.

Statements pursuant to Standing Order No.56 (1) (b) . Let us have the Chairperson of the Standing Committee on Information, Technology and Communication. If they are not ready, we can call the other Committees. We have three Statements to receive from the Committee on Information, Technology and Communication; Committee on Labour and Social Welfare; and the Committee on Land, Environment and Natu…

[(Sen. Chesang’ was not in the Chamber)]

[(Sen. Murgor spoke off record)]

[(Sen. Murgor spoke off record)]

Yes, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (b) to make a Statement on the activities of the Committee on Labour and Social Welfare for the period commencing 8th September, 2022 to 11th April, 2023. Mr. Speaker, Sir, during the period under review, the Committee held a total of 50 sittings. We considered three Bills, three Petitions and 22 Statements. The Committee al…

In respect of the Bills the following were considered-

The Statements include the Statement concerning the status of white-collar employees laid off in 2009 at the Kenya Ports Authority (KPA). The Statement concerning the on-board process of employees in Marsabit County Government, the Statement concerning old persons cash transfer programme and the Statement concerning the distribution of relief food in Kirinyaga County. On the Statement concerning …

The Statements include the Statement concerning the status of white-collar employees laid off in 2009 at the Kenya Ports Authority (KPA). The Statement concerning the on-board process of employees in Marsabit County Government, the Statement concerning old persons cash transfer programme and the Statement concerning the distribution of relief food in Kirinyaga County. On the Statement concerning …

Sen. Lemaltian, you cannot walk from one side to the other. There is a procedure to be followed if you need to move from one side to the other. You are out of order, kindly, abide by the rules.

[(Sen. Lemaletian walked back to her seat)]

Mr. Speaker, Sir, the Committee is also waiting for responses of the following:

Hon. Senator, kindly conclude. You have gone beyond the allowable time, that is 10 minutes. So, you can proceed to lay the Report. Senators will read the part that you are yet to conclude on. As long as you have laid it, Senators will be happy to read.

Thank you, Mr. Speaker, Sir. I beg to lay the Report on the Table.

[(Sen. Murgor laid the documents on the Table)]

Proceed, Chairperson Standing Committee on Lands, Environment and Natural Resources.

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

I want to comment on the Statement.

I want to comment on the Statement.

We will take comments on the three Statements.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Lands, Environment and Natural Resourced during the first part of the Second Session, that is 14th October, 2022 to 31st March, 2023. The Senate Standing Committee on Lands, Environment and Natural Resources is established unde…

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

creation, conflict eradication, and most importantly, the realization of Sustainable Development Goal (SDG) No.3 on good health and well-being. The 17 SDGs will be achieved in Kenya by simply providing water to the northern parts of Kenya. Since all lizards lie on their bellies, one can hardly tell which has a stomach ache. Here is a lizard that is announcing that they have a stomach ache. We nee…

The lack of rainfall also inhibits the ability of residents to acquire food and has led to eruptions of violence in this region. In many areas, the shortage of water in Kenya has been amplified by the Government's lack of investment in water, especially in the northern region. Mr. Speaker, Sir, another population that is affected by this shortage of water are the urban poor. Their access to clean…

creation, conflict eradication, and most importantly, the realization of Sustainable Development Goal (SDG) No.3 on good health and well-being. The 17 SDGs will be achieved in Kenya by simply providing water to the northern parts of Kenya. Since all lizards lie on their bellies, one can hardly tell which has a stomach ache. Here is a lizard that is announcing that they have a stomach ache. We nee…

Statement pursuant to Standing Order No.53 (1) , by the Sen. Kathuri.

Mr. speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the state of progress in the evaluation of tenders and the commencement of dualling works of Meru Town roads B66/A9 Project, Phase One. In the Statement, the Committee should -

The Message communicates a resolution by the County Assembly to petition Parliament for a declaration, inter alia, that:

Hon. Senators, I wish to report to the Senate that I have, pursuant to Standing Order No.48 (3) and (5) , received a Message from the Clerk of Elgeyo-Marakwet County Assembly. The Message, dated Tuesday, 14th March, 2023, and communicated by way of a Petition addressed to the Clerk of the Senate, was received on 5th April, 2023.

Sen. Veronica Maina, allow me to consult the Secretariat because they are the custodians of the HANSARD to give us the true position. I am informed that according to the HANSARD, at the time of interruption of debate, the Sen. Mumma was on the Floor and she had a balance of seven minutes. If she is in the House, she can take the Floor. If she is not in, then I ask Sen. Maanzo to proceed.

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

Thank you. Sen. Okenyuri, you may have the Floor.

Thank you Mr. Deputy Speaker, Sir. I rise to support this Bill by the good Senator of Tana River, Sen. Mungatana, MGH. This encompasses so many other aspects that are going to strengthen devolution that have for some time got me worried on whether we are actually progressing or killing devolution. Sen. Mungatana, this was well-thought-out. I want to bring to the attention of Members very worryin…

Actualization of these rights will benefit us and several millions out there, who are looking forward to the provision of the same and being protected under the same Bill that is being proposed by Sen. Mungatana, MGH. To be brief, I want to emphasize that this is timely. It is going to strengthen devolution. We have things to hold the counties accountable to. The other week, I was raising a conce…

access primary education for all. It remains a preserve of few, basically because of poor planning strategy. Just the other day on this Floor, we were complaining about the implementation of junior secondary. We were here as a country planning for it, and when the time came, the children were sitting in classes with no teachers. That is the dignity we are talking of here. It means we are not plan…

Thank you, Mr. Deputy Speaker, for giving me the chance. I rise to appreciate and support the Bill by Sen. Mungatana, MGH. When we talk about human dignity and when hon. Mungatana presents to us The Preservation of Human Dignity and Enforcement of the Economic and Social Rights Bill, I am excited to support it because it is about the life of all Kenyans. I am also excited because on 29th Septemb…

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

access primary education for all. It remains a preserve of few, basically because of poor planning strategy. Just the other day on this Floor, we were complaining about the implementation of junior secondary. We were here as a country planning for it, and when the time came, the children were sitting in classes with no teachers. That is the dignity we are talking of here. It means we are not plan…

month old baby. What choice did that baby have? That baby had a right to live in dignity, though now being indignified in death. I hope this Bill will address all that. I support Sen. Mungatana. All Kenyans have a right to dignity and socio- economic services. Let us reflect on what has been going on in this country. A few months ago, there was hunger. At Independence, we talked about ignorance a…

Thank you. Hon. Members, there being no other Senator who wants to contribute to the Bill, I now call upon the Mover, Sen. Mungatana, to reply.

Mr. Temporary Speaker, Sir, I am very grateful this evening for having listened to many words of wisdom from fellow colleagues. Each one of them who took to the Floor of this House had something to add to this Bill. I am grateful to the Senate Majority Leader for seconding the Bill. I am also grateful to all the Senators who spoke to this Bill. Mr. Temporary Speaker, Sir, I want to single out a f…

Sen. Mungatana, your application has been heard and considered. Therefore, I nominate the next sitting, that is, tomorrow, for putting of the question. Next Order.

[(Putting of the question on the Bill deferred)]

I want to make an application. Temporary Speaker (

Sen. Mariam Omar, kindly proceed and move.

As you very well know, in court after you make your final submissions, you always have some applications of one or the other. In this case, you are familiar because we are from that profession together. Therefore, I wish to move pursuant to Standing Order No.66 (3) , that the putting of the question be deferred to a later date. I thank you, Mr. Temporary Speaker, Sir.

Sen. Mungatana, your application has been heard and considered. Therefore, I nominate the next sitting, that is, tomorrow, for putting of the question. Next Order.

[(Putting of the question on the Bill deferred)]

Sen. Mariam Omar, kindly proceed and move.

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity. I beg to move the Prompt Payment Bill (Senate Bill No. 8 of 2022) . The principal objective of this Bill is to put in place a legal framework to facilitate prompt payment for the supply of goods, works and services procured by Government entities, both at national and county level.

Thank you, Mr. Temporary Speaker, Sir. I would like to congratulate my kid-sister Senator for this important Bill. If we go ahead and enact this Bill, we will now have moved to the direction of what is involved in developed markets. I am aware that in the USA and Canada, the Prompt Payment Bill is a law. Nobody just pushes around suppliers as they wish in the name of the people who handed them th…

Mr. Temporary Speaker, Sir, I beg to move that the Prompt Payment Bill (Senate Bill No.8 of 2022) be now read a Second Time. Mr. Speaker, Sir, you had not heard me. I read it before just like that.

Proceed.

colleague while he was collecting money at Intercontinental Hotel and it became a big scandal for this Parliament because of provisions like Clause 8. What does it call for? It calls for integrity from colleagues. You say that we cannot kill Sen. Mungatana’s or Sen. Kibwana’s Bill. You say that we cannot kill such a good law for the benefit of the people who are going to make use of that law. Mr…

Thank you, Mr. Temporary Speaker, Sir. I would like to congratulate my kid-sister Senator for this important Bill. If we go ahead and enact this Bill, we will now have moved to the direction of what is involved in developed markets. I am aware that in the USA and Canada, the Prompt Payment Bill is a law. Nobody just pushes around suppliers as they wish in the name of the people who handed them th…

that this Bill was being driven by the then Sen. Johnson Sakaja, who is currently the Governor of Nairobi. I am sure that Hon. Sakaja was doing it because at that time, he was angry with the Governor for Nairobi who was not paying the business people of Nairobi on time. However, like Zacharia, now the shoe is on the other foot. We are going to pass this Bill and now Hon. Sakaja will have to pay o…

colleague while he was collecting money at Intercontinental Hotel and it became a big scandal for this Parliament because of provisions like Clause 8. What does it call for? It calls for integrity from colleagues. You say that we cannot kill Sen. Mungatana’s or Sen. Kibwana’s Bill. You say that we cannot kill such a good law for the benefit of the people who are going to make use of that law. Mr…

Hon. Senators, having heard Sen. (Dr.) Khalwale second, I will now propose the question.

[(Question proposed)]