Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Hon. Senators, I am informed we do have quorum. Clerk, you may proceed to call the First Order.

[(The Quorum Bell was rung)]

Sen. Olekina, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.232 (1) (b) to raise a Petition to the Senate concerning land injustices against the Olderkesi Community members in Narok West Constituency, Narok County. Mr. Speaker, Sir, pursuant to Standing Order No.232 (1) (b) , I hereby present a petition that has been submitted by residents of Olderkesi in Narok West constituency, Narok Coun…

Mr. Speaker, Sir, the salient issues raised in the Petition are as follows-

Before you table the papers, on Sen. Ledama’s Petition, pursuant to Standing Order No. 238 (1) , I commit it to the Standing Committee on Land, Environment and Natural Resources.

[(The Petition was committed to the Standing Committee on Land, Environment and Natural Resources)]

Pursuant to Standing Order No. 238(2)(a), the committee is required, in not more than 60 calendar days from the date of reading the prayer which is today, to table its report to the Senate for consideration. The Senate shall thereafter consider and adopt the report of the Committee. Next Order.

Mr. Speaker, Sir, I beg to lay the following papers on the Table of this Senate, today March 12th in the year of our Lord 2025- The Water Services Regulations, Legal Notice No.54 of 2025; The Water Harvesting and Storage Regulations, Legal Notice No. 57 of 2025. The Water Resources Regulations, Legal Notice No. 58 of 2025. I thank you.

[(Sen. (Dr.) Khalwale laid the documents on the Table)]

Hon. Senator, maybe before you take to the Floor, allow me to make this Communication, please. Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon, of our visiting teacher and learners from Hillcrest Preparatory School in Nairobi County. The delegation comprises one teacher and 35 learners who are in the Senate for a one-day academic exposition. Hon. Sena…

Thank you, Mr. Speaker, Sir. I want to take this opportunity on behalf of the Senate to welcome the students from Hillcrest to this honourable House. I hope that they enjoy their tour of the Senate this afternoon. I am being informed by Sen. Olekina - he used the very same words - that some of his children attend Hillcrest. I, therefore, needed to convey that message. That it is a school that som…

We wish them all the best during this tour, in their studies and future endeavors. They look very bright and happy. I think one of them must be Olekina's child going by the hair. So, welcome to the Senate and enjoy your stay.

Next Order. These are Statements pursuant to Standing Order No. 53 (1) . The Hon. Senator for Isiolo County, Sen. Fatuma Dullo.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding top projects funded by the Equalisation Fund in Isiolo County. In the Statement, the committee should-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding the financial mismanagement relating to the implementation of the two-kilometre cabro road providing projects in Bulapesa Ward, Isiolo County. In the Statement, the Committee should-

Proceed, Sen. Alexander Mundigi.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the Ministry's initiative to introduce Kenya Certificate of Secondary Examination (KCSE) mid-year exams in July for students who missed the exam or wish to repeat. On 19th January, 2025, the Cabinet Secretary for Education, Mr. Julius Ogamba, while announcing the 20…

Proceed, Sen. Gataya Mo Fire.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the allocation and distribution of funds for roads projects across the counties. In the Statement, the committee should-

Proceed, Sen. David Wakoli.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the staff recruitment, promotion, and development practices in the Nairobi City County Betting, Lotteries and Gaming Control Board. In the Statement, the committee should-

You may proceed, Sen. Kavindu.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee of Labour and Social Welfare regarding the transfer of the gender desk from police station to a public hospital. In the Statement, the committee should provide-

Proceed, Sen. (Prof.) Tom Ojienda.

Thank you, Mr. Speaker, Sir. I have two Statements. The first Statement is on the implementation of the affordable housing projects in Kisumu County.

Sen. (Dr.) Lelegwe, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the insecurity facing the residents of Samburu North Constituency in Samburu County. In the recent past, there have been grave issues of insecurity in Samburu North Constituency, particularly highway banditry and other criminal…

Sen. Faki, proceed.

Asante, Bw. Spika. Nimesimama kwa mujibu wa Kanuni za Kudumu No.51 (1) ya Kanuni za Bunge la Seneti kuomba kauli kutoka kwa Kamati ya Kawi kuhusu kupotea kwa nguvu za umeme katika Kaunti ya Mombasa na viunga vyake, hususani mwezi huu mtukufu wa Ramadhan. Kutoka mwanzo wa Mwezi huu wa tatu ambao unaenda sawia na mwezi mtukufu wa Ramadhan, jiji la Mombasa na viunga vyake limeshuhudia kupotea mara k…

Sen. Kavindu, proceed.

Second Reading

This Order is also deferred for lack of delegates. Next Order Second Reading

Due to lack of the required delegates, that Order is also deferred. Next Order.

Due to lack of the required delegates, that Order is also deferred. Next Order.

This Order is also deferred for the same reasons. Next Order.

This Order is also deferred for lack of the requisite delegations. Next Order.

Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights proceed.

boundaries delimitation, as well as a proposal on the possible audit of the 2022 general elections. Of particular concern was the 2022 presidential elections. Another aspect that was also framed as a very important issue to deal with in this Committee was outstanding constitutional matters. There was also the aspect of fidelity of political parties, coalitions, and the law on the multi-party demo…

The Ethics and Anticorruption Commission (EACC) Act is what has been tabled and it is pending in the National Assembly as of now. This House and the Standing Committee on Justice, Legal Affairs and Human Rights Committee (JLHRC) had its commitment that dealt with four proposals in an amendment of the election offenses, Elections, Statutory Instruments, as well as the Political Parties Act. All the…

Another very important issue that Kenyans spoke to this joint committee was the introduction of the Office of the Leader of Opposition as well as the Office of two Deputies to the leader of Opposition in Parliament and also further the introduction and constitutionalization of the Office of the Prime Minister (PM). These two, required Kenyans to subject these to a referendum. Consequently, this Jo…

Mr. Speaker, Sir, I beg to table and ask Sen. (Dr.) Khalwale to second the Motion.

Mr. Speaker, Sir, I beg to table and ask Sen. (Dr.) Khalwale to second the Motion.

Thank you, Mr. Speaker, Sir. To me, seconding this Motion is very significant. I believe if the recommendations of the Committee that sat on the NADCO were to go through, there would be momentous change in the way we practise politics, govern the country and live. I, therefore, want to strongly support and highlight just a few reasons why I think this is important. I have full confidence in the m…

[(Sen. Dullo consulted loudly)]

Sen. Fatuma, you may want to consult in a low tone, so that you do not disrupt the thinking and flow of thoughts of Sen. (Dr.) Boni. Proceed.

Secondly, the people from special groups, like People with Disabilities (PwDs). I do not know how they get nominated. We should allow PWDs to be the principal decision makers and subject the beneficiaries to a vote. Finally, on this particular point, the people who get through these special seats, the 47 women elected in the National Assembly, plus whatever number we shall add them, should be all…

This is the way to go. Today, you are on top, tomorrow you are not. Today, you are on the strong side of the wind, tomorrow you are not. We want to build a country that gives all Kenyans equal opportunity. I see, for example, some noise building around certain members of the Cabinet; that probably X, Y or Z might be removed so as to pave way for the new look broad-based Government. I want to send…

After we voted in 1992, there was no closure until people jostled and before we could know it, there was something called cooperation because there was no closure of the presidential election. In 2007, there was no closure of the presidential election. It went on until our country went bust, only coming to be calmed because of the so-called Nusu Mkate. There must be a closure of a presidential el…

After we voted in 1992, there was no closure until people jostled and before we could know it, there was something called cooperation because there was no closure of the presidential election. In 2007, there was no closure of the presidential election. It went on until our country went bust, only coming to be calmed because of the so-called Nusu Mkate. There must be a closure of a presidential el…

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

Yes, I would like him to inform me.

Proceed to inform the Hon. Senator, Sen. Wakili Sigei.

Thank you, Mr. Speaker, Sir. I wish to inform Sen. (Dr.) Khalwale that the third special fund that was conceded to in the NADCO Report is indeed the Senate Oversight Fund. It could have been an oversight on my part as I moved the Motion that I left it out. I thank you.

I think you guys call it in good English, sanitary towels. My daughter is seated there at the Clerk’s Desk. She normally teaches me good English. That cannot be the case because it is a lie. So, we need to audit these people. When Hon. Gladys Wanga was a Women Representative, she put up markets. Hon. Baraza is going around in Kakamega telling people that he has bought umbrellas. An umbrella of Ks…

I think you guys call it in good English, sanitary towels. My daughter is seated there at the Clerk’s Desk. She normally teaches me good English. That cannot be the case because it is a lie. So, we need to audit these people. When Hon. Gladys Wanga was a Women Representative, she put up markets. Hon. Baraza is going around in Kakamega telling people that he has bought umbrellas. An umbrella of Ks…

Hon. Senators, I will proceed to propose the question. Now the Floor is open to debate, but before I call upon Senators wishing to make their comments, allow me to communicate this information.

[(Question proposed)]

[(Interruption of debate on Motion)]

Once again, Mr. Speaker, Sir, I thank you for allowing me to welcome the visiting young leaders who have taken their time to come and appreciate what goes on in this particular House. I want to encourage them that as they assume their various offices of leadership in the university, they should take cue based on what they would have seen and witnessed in this particular House regarding the kind o…

[(Resumption of debate on the Motion)]

[(Applause)]

Sen.Omogeni, you have the Floor.

[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

Sen. Boni, what is your point of order?

[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

Thank you, Mr. Temporary Speaker, Sir. I rise under Standing Order No.105, not to interrupt the distinguished Senator, but to briefly point out that, this is a learning process for me and maybe quite a number of Kenyans. I, therefore, would like you to just use facts to inform me, supposing you moved either under Articles 255 or 254 and told Kenyans that I am giving you a referendum question or Pa…

Thank you, Mr. Temporary Speaker, Sir. I rise under Standing Order No.105, not to interrupt the distinguished Senator, but to briefly point out that, this is a learning process for me and maybe quite a number of Kenyans. I, therefore, would like you to just use facts to inform me, supposing you moved either under Articles 255 or 254 and told Kenyans that I am giving you a referendum question or Pa…

What is your point of order, Sen. Boni?

The facts. I want the facts.

Indeed, that is actually a question, which you ought to have possibly asked the hon. Senator Omogeni to clarify by giving you established facts as to whether Articles 255 and 256 would require a referendum, which I think he was ably doing.

Thank you, Mr. Temporary Speaker, Sir. I beg that you do not throw me out. I was being clever to see if I could get slightly more. Do not throw me out. I want to hear more from him.

Sen. Omogeni, kindly, as you support this Motion, please make it clear to the Sen. (Dr.) Khalwale on that aspect.

So, we need to make clear to Sen. (Dr.) Khalwale that, in India, what is in Article 368 of the Indian Constitution, at least going by the Supreme Court's ruling in the Supreme Court of India in 1973, in their Constitution, you cannot do any amendments touching on for instance Clause 25(A) on the supremacy of the Constitution. However, I think the finding of the Supreme Court is that the only prote…

Mr. Temporary Speaker, Sir, the House of Representatives in the USA serves for two years and their Senators serve for six years. Again, they use the same model. You protect the Senate by ensuring that not all Senators exit in an election because you need institutional memory. If you go to Japan, it is even more conscious on protecting the Senate. They call it the House of Councillors. The Upper H…

Mr. Temporary Speaker, Sir, the House of Representatives in the USA serves for two years and their Senators serve for six years. Again, they use the same model. You protect the Senate by ensuring that not all Senators exit in an election because you need institutional memory. If you go to Japan, it is even more conscious on protecting the Senate. They call it the House of Councillors. The Upper H…

Sen. Okongo, you have less than one minute but since you were a Member of NADCO, I exercise the discretion of the Chair and allow you an additional three minutes, so that you conclude on your thoughts.

should not be a debate for Members of the National Assembly to say that NG-CDF must be entrenched in the Constitution and that they will be the only people in Parliament who will deal with the issue of allocating the budget for those offices. If we do that, future generations will note that there were men and women of wisdom when the first amendments to the Constitution of Kenya 2010 went through.…

should not be a debate for Members of the National Assembly to say that NG-CDF must be entrenched in the Constitution and that they will be the only people in Parliament who will deal with the issue of allocating the budget for those offices. If we do that, future generations will note that there were men and women of wisdom when the first amendments to the Constitution of Kenya 2010 went through.…

Thank you Sen. Omogeni, for your well-thought-out contribution and for participating in the National Dialogue Committee (NADCO) process as a member. You represented this House and the interests of the Kenyans who elected you into this office. I will now invite Sen. Joyce Korir.

Sen. Korir, under the provisions of Standing Order No.110, you are only under an obligation to move the Motion for adjournment and get someone to second it.

Sen. Korir, under the provisions of Standing Order No.110, you are only under an obligation to move the Motion for adjournment and get someone to second it.

Thank you, Mr. Temporary Speaker, Sir. I request Sen. (Dr.) Khalwale, to second this Motion of adjournment to give room for the Hon. Members of this House to debate this Report.

Sen. (Dr.) Khalwale, proceed.

Mr. Temporary Speaker, Sir, I second.

[(Question, that debate on the Motion be now adjourned, put and agreed to)]

The Motion is, therefore, adjourned to the next sitting of this House or subject to the House's administrative procedures. I will rearrange the Order Paper for the House's convenience. I ask that Order No. 25 be called out.

Sen. Joyce, please proceed to Move.

Thank you, Mr. Temporary Sir, for giving me this chance. I beg to Move- That the County Library Bill 2024 be now read a second time. Article 43 of the Constitution of Kenya provides for the right to education. The principal role of this Bill is to promote the establishment and use of libraries in the counties so as to facilitate access to information, improve education standards and reduce the le…

Thank you, Mr. Temporary Speaker, Sir. I thank the Senator from Bomet County, albeit nominated, for allowing me to second this very important Bill that has huge implications on the success of learning in this Kenya of ours. The fact that the Bill attempts to establish a library in every county need not be overemphasized on its importance. We must hasten to add that establishing a library in each …

Culture was the backbone of yesterday’s Bill and, therefore, this particular Bill augments the legislative process that is contained in the establishment of a museum. Look at it this way; if you go to Bomet, and you spend a lot of money putting up the museum, you can house the library in the same building as the museum. After the children have had an opportunity to enjoy the library services, som…

Culture was the backbone of yesterday’s Bill and, therefore, this particular Bill augments the legislative process that is contained in the establishment of a museum. Look at it this way; if you go to Bomet, and you spend a lot of money putting up the museum, you can house the library in the same building as the museum. After the children have had an opportunity to enjoy the library services, som…

Sen. Boni, you must have been trying to look at the Title of the Bill; County Library Services Bill (Senate Bills No. 40 of 2024) . I am seeing, hon. Senators from my dashboard, the hon. Sen. Olekina requesting to be allowed to contribute and is not in the House. I believe this must be Sen. Omogeni who has taken the seat of the Senate Minority Leader. I will, therefore, give you the first opportu…

[(Question proposed)]

So let us also try to incorporate digitization and technology in this Bill so that maybe we expand our cable network to our counties. From counties, it goes to sub-counties so that people in Osamaru Ward, in West Mugirango Constituency in Nyamira can be connected to the internet and their children can do research from the phones. Mr. Temporary Speaker, Sir, Sen. Korir, nowadays some children will…

So let us also try to incorporate digitization and technology in this Bill so that maybe we expand our cable network to our counties. From counties, it goes to sub-counties so that people in Osamaru Ward, in West Mugirango Constituency in Nyamira can be connected to the internet and their children can do research from the phones. Mr. Temporary Speaker, Sir, Sen. Korir, nowadays some children will…

Thank you, Sen. Omogeni. Being a seasoned Member of this House, the Chair had to restrain himself when you digressed, with regard to the relevance of your contributions, pursuant to the provisions of Standing Order No.120. Nonetheless, you noted. It is all right as the Chair is yet to allow you to speak. Secondly, I wanted to inform you that being an alumnus of the University of Nairobi, I equall…

[(Interruption of debate on the Bill)]

Report of the Standing Committee on Finance and Budget on the 2025 Budget Policy Statement; and Report of the Standing Committee on Finance and Budget on the 2025 Medium- Term Debt Management Strategy.

Mr. Temporary Speaker, Sir, I beg to give Notice of the following two Motions-