Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

[(The Quorum Bell was rung)]

Hon. Senators, we now have quorum. We will proceed with today's business. Clerk, you may proceed to call the first Order.

Mr. Speaker, Sir, thank you for giving me the opportunity to welcome this delegation of young Kenyans from Kisii University in Kisii County. I want to inform them where they are seated in this building is called the Speaker’s Gallery. You can see where the Speaker sits and where all of us sit around this place. I hope that you will be watching, observing and listening to the procedures of the Hou…

Proceed, Senate Majority Leader.

Mr. Speaker, Sir, it would be remiss of me if I do not recognize the comrades from Kisii University. Therefore, I join the Senator for Kisii County in welcoming them to this august House. I hope they will drink to their fill and enjoy all that they came to find out when they set out from Kisii to come to this House. Second and equally importantly, is to appreciate the delegation from Tana River C…

I know that by the time they leave this House, they will have learnt a lot that they can implement in their county assembly which will help us to enshrine and celebrate devolution. Their Senator, Sen. Danson Mungatana, is not here, but they know that this House elected him to be a member of the Pan-African Parliament. He, therefore, juggles his duties between Nairobi and South Africa where the co…

Next Order.

Next Order. Statement pursuant to Standing Order No.53 (1) . Proceed, Sen. Esther Okenyuri.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to request a statement from the Standing Committee on National Security, Defense and Foreign Relations regarding the alarming rise in incidences of femicide and troubling trend of arbitrary arrests and abductions of youths in the country. In the last 90 days alone, the country has witnessed the tragic deaths of 97 women due …

Senator for Kisumu County, Prof. Tom Ojenda. That Statement is dropped. Proceed, Sen. Chimera Raphael.

[(Statement dropped)]

Asante, Bw. Spika. Langu ni ombi la Kauli kuhusu uendeshaji wa kampuni ya Base Iron Limited au Base Titanium Limited katika mradi wa Madini ya Kwale Mineral Sands eneo la Msambweni, Kaunti ya Kwale. Nimesimama kwa mujibu wa Kanuni ya Kudumu ya Bunge Nambari 53 (1) , kuomba kauli kutoka kwa Kamati ya Kudumu ya Ardhi, Mazingira na Mali Asili kuhusu uendeshaji wa Base Iron Limited katika Mradi ya ma…

Proceed, Senator for Nandi.

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 3 of the Bill be amended by numbering the introductory paragraph as sub clause (1) and inserting the following new subclause immediately after the proposed subclause (1) :

The Temporary Chairperson (Sen. Abdul Haji): Division will be at the end. Clause 7

Mr. Temporary Chairperson, I beg to move- THAT, Clause 7 of the Bill be amended in subclause (2) by deleting paragraph (j) and substituting therefor the following new paragraph —

Mr. Temporary Chairperson, I beg to move- THAT, Clause 7 of the Bill be amended in subclause (2) by deleting paragraph (j) and substituting therefor the following new paragraph —

The Temporary Chairperson (Sen. Abdul Haji): Division will be at the end. Clause 37 The Senate Majority leader (Sen. Cheruiyot): Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 37 of the Bill be amended by deleting-

The Temporary Chairperson (

Division will be at the end. Clause 37The Senate Majority leader (

Mr. Temporary Chairperson, Sir, I beg to move-THAT, Clause 37 of the Bill be amended by deleting-

“start-up” means an entity seeking to be registered under section 17 in the category NCA 6, NCA 7 or NCA 8;

Division will be at the end. New Clause 8CThe Senate Majority leader (

Mr. Temporary Chairperson, Sir, I beg to move- Prohibition of meteorological activities.8C. (1) No person shall engage in any meteorological observations, weather forecasting activities or weather modification activities unless that person obtains a permit from the Authority.

The Temporary Chairperson (Sen. Abdul Haji): Mover.

Mr. Temporary Chairman, Sir, I beg to move-

Mr. Temporary Chairman, Sir, I beg to move- 17 of Cap 66. 4. Section 17 of the principal Act is amended by inserting the following new paragraph immediately after paragraph (i) –

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Meteorology Bill (Senate Bills No. 45 of 2023) and seek leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the National Construction Authority (Amendment) Bill (National Assembly Bills No.59 of 2022) and seek leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Chairman, Sir, pursuant to Standing Order No. 153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bills No. 45 of 2022) and seek leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Chairman, Sir, pursuant to Standing Order No. 153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Election Offences (Amendment) (No.2) Bill (Senate Bills No. 28 of 2024) and seek leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

[(The Temporary Speaker (Wakili Sigei) in the Chair)]

Hon. Members, we are proceeding to report the progress of the Committee of the Whole and I call upon the Chairperson to report.

The Title and Clause 1

Sen. Cherarkey Seconded.

Thank you, Mr. Temporary Speaker, Sir. I beg to report that the Committee of the Whole has considered the National Construction Authority (Amendment) Bill (National Assembly Bills No. 59 of 2022) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report and request Sen. Cherarkey to second. Sen. Cherarkey Seconded.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Chairman, Sir, I beg to move- 17 of Cap 66. 4. Section 17 of the principal Act is amended by inserting the following new paragraph immediately after paragraph (i) –

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Cancer Prevention and Control (Amendment) (No. 2) Bill, (National Assembly Bill No. 45 of 2022) and seeks leave to sit again tomorrow.

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the National Construction Authority (Amendment) Bill (National Assembly Bills No.59 of 2022) and seek leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Chairman, Sir, pursuant to Standing Order No. 153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bills No. 45 of 2022) and seek leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Chairman, Sir, pursuant to Standing Order No. 153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Election Offences (Amendment) (No.2) Bill (Senate Bills No. 28 of 2024) and seek leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

[(The Temporary Speaker (Wakili Sigei) in the Chair)]

Hon. Members, we are proceeding to report the progress of the Committee of the Whole and I call upon the Chairperson to report.

Thank you, Mr. Temporary Speaker, Sir. I beg to report that the Committee of the Whole has considered the Meteorology Bill (Senate Bills No. 45 of 2023) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report and request Sen. Cherarkey to second.

Hon. Senators, we will now revert to the normal order as per the Order Paper. Clerk, call the next Order No.8.

Thank you, Mr. Temporary Speaker, Sir. I beg to report that the Committee of the Whole has considered the National Construction Authority (Amendment) Bill (National Assembly Bills No. 59 of 2022) and seeks leave to sit again tomorrow.

Hon. Senators, when the House adjourned on 12th November 2024, Sen. Osotsi, who is the Mover of this Motion, was to reply. I now call upon him to proceed to reply.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Cancer Prevention and Control (Amendment) (No. 2) Bill, (National Assembly Bill No. 45 of 2022) and seeks leave to sit again tomorrow.

The Mover?

Before, these water companies were either owned by groups in our counties or people who were not in the county governments. Through the intervention of the committee, I am happy to report that most counties have now complied. I am also happy to note that one of the water companies that was being run by private individuals in Murang’a, that is Murang’a Water and Sanitation Company, which is one of…

Thank you, Senator. It is so deferred. Hon. Senators, I will further rearrange the Order Paper, so that we go to Order No.25. Clerk, please call it out.

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

The next Bill for consideration, Hon. Senators for reporting is the Election Offences (Amendment) (No. 2) Bill (Senate Bills No. 28 of 2024) . I ask the Chairperson to report.

Mr. Temporary Speaker, Sir, I beg to move that the Elections (Amendment) (No.2) Bill (Senate Bills No.29 of 2024) be now read a Second Time. This is a very interesting legislation. I have been at the Bomas of Kenya in 2013, 2017, and 2022 either as a party operative or candidate who had been declared to follow up on the presidential election. This is a culmination of all the agitation that we nor…

The mover. The Senate Majority Leader?

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request Sen. Chute to second.

report is the fact that the Parliament was indicted for changing electoral management processes laws a few months to the electoral cycle; and that, we do deals last minute that make it impossible or difficult for election managers to conduct elections to the satisfaction of the country. You know very well that we have the highest standard of election expectation in comparison with the rest of the…

Hon. Senators, we will now revert to the normal order as per the Order Paper. Clerk, call the next Order No.8.

they feel that you can represent them. It was the feeling of Kenyans, and the courts have finally agreed with them, so we do not need to push this point further. With regard to Members of a County Assembly (MCA) and Members of Parliament, Kenyans want to elect their own. The Bible says to each their own. If they feel that they want to elect a fellow who perhaps does not meet what we would know as…

Thank you, Mr. Temporary Speaker, Sir. First of all, I want to start by thanking the Members who overwhelmingly contributed to this important Motion on matters of water service providers. A number of issues came up which I would like to quickly address before I reply. There was the matter of late submission of documents, which is guided by Section 62 of the Public Audit Act. This has become a pro…

[[The Temporary Speaker (Sen. Wakili Sigei) left the Chair] [The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

Clause 20 of the Bill proposes to amend the Act by inserting new Section 38(a) to provide for the designation of polling stations by IEBC and publishing them in the Gazette at least three months before the date of any election. We have argued before about the creation of polling stations. Sen. Eddy has a thing or two to say about this. I read some of the things he said about the IEBC elsewhere. W…

Clause 25 of the Bill deletes Section 45 which provides for the conditions under which a Member of Parliament (MP) may be recalled. These provisions were declared unconstitutional in the Katiba Institute and another versus the Constitution Attorney General (AG) in the constitutional Petition No.209. Clause 26 proposes to delete the provisions of Section 46(1)(b) that requires the petition to reca…

Thank you, Senator. It is so deferred. Hon. Senators, I will further rearrange the Order Paper, so that we go to Order No.25. Clerk, please call it out.

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