Senate · Morning Sitting
Wednesday, 14 February 2024
Senators criticised the proposed Water Act amendments, arguing they reverse devolution gains and weaken county control over water services. They highlighted mismanagement of projects such as Thwake Dam, inadequate public participation, and persistent water supply and quality problems, urging thorough revision of the bill. Sen. Sifuna warned that the proposed water bill would transfer bulk water supply to private operators, risking loss of county revenue, jobs and undermining existing water infrastructure. He argued that water services are a devolved constitutional function and criticised the bill as over‑reaching, stating he will oppose it in its entirety. Senators debated a proposed water services Bill, highlighting concerns that it is unconstitutional, centralises water provision, and could burden citizens with loan‑derived costs. Multiple members (Sifuna, Orwoba, Osotsi) voiced strong opposition and called for the Bill’s rejection, while the session also featured procedural interruptions and a brief commendation of young visitors.
Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the quorum bell for 10 minutes.
[(The Clerk-at-the-Table consulted with the Speaker)]
[(The Quorum Bell was rung)]
Serjeant-at-Arms, I am informed we now have Quorum. You may stop the bell. Clerk, proceed to call the first Order.
Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46 (3) and (4) , I received the following Message from the Speaker of the National Assembly regarding the passage by the National Assembly of the Conflict of Interest Bill (National Assembly Bill No.12 of 2023) .
The Message, which is dated 6th December, 2023 was received the same day in the Office of the Clerk of the Senate. Pursuant to the said Standing Order, I now report the Message - “PURSUANT to the provisions of Standing Order No.41(1) and 142 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly- WHEREAS, the Conflict of Interest Bill (National…
sector by regulating betting, casinos and other forms of gambling, including authorization of prize competitions, public lotteries and media promotion; AND WHEREAS, the Gambling Control Bill (National Assembly Bills No.7 of 2023) was passed by the National Assembly on Wednesday, 6th December, 2023 with amendments and in the form attached herewith; NOW THEREFORE, in accordance with the provisions…
Senate Majority Leader, proceed.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Wednesday, 14th February, 2024- Report of the Auditor-General on Level 4 and Level 5 hospitals in Kenya for Financial Year 2021/2022. Summary Report of the Auditor-General on Level 4 and Level 5 hospitals in Kenya for Financial Year 2021/2022. Report of the Auditor-General on financial statement of the Parliam…
The Eleventh Report on the Status of the Public Service Compliance with the Values and Principles in Articles 10 and 232 of the Constitution for Financial Year 2022/2023. The 3rdAnnual Report of the Office of the Data Protection Commissioner for Financial Year 2022/2023. Report of the Auditor-General on the financial statement of Mandera Water and Sewerage Company Limited for the year ended 30th…
The Chairperson of the Select Committee on County Public Investments and Special Funds proceed.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Wednesday, 14th February, 2024- Report of the Select Committee on County Public Investments and Special Funds on Non-remittance of Pension Deductions to the Pension Schemes by county government entities.
[(Sen. Osotsi laid the document on the Table)]
Next Order. Yes, Sen. Omogeni, proceed to lay your Paper.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Wednesday, 14th February, 2024- Report of the National Dialogue Committee. I thank you.
[(Sen. Omogeni laid the document on the Table)]
Next Order.
Chairperson of the Standing Committee on County Public Investments and Special Funds.
Mr. Speaker, Sir, I beg to give the following notice of Motion- THAT, the Senate adopts the Report of the Select Committee on County Public Investments and Special Funds on non-remittance of pension deductions to the pension schemes by county government entities laid on the Table of the Senate on Wednesday, 14th February, 2024.
Sen. Omogeni, you need to give notice of the Report that you have just laid.
Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the National Dialogue Committee (NADCO) laid on the Table of the Senate today, Wednesday, 14th February, 2024.
Sen. Wambua, please, proceed.
Mr. Speaker, Sir, I request that you direct that the Report on the NADCO be circulated to Members. They do not seem to have it.
The Report is being circulated as the proceedings are ongoing. Each and every Senator should be able to get a copy in the shortest time possible, starting from now. Clerk, next Order.
Senate Majority Leader, please, proceed.
Mr. Speaker, Sir, I beg to move the following Motion- THAT, pursuant to Standing Order No.111 (1) , the Senate resolves that debate on a Motion not sponsored by the Majority or Minority Party or a Committee shall be limited in the following manner- A maximum of three hours with not more than 20 minutes for the Mover, 20 minutes for the majority party official responder, 20 minutes for the minorit…
This is now the Third Session and this is a Procedural Motion that is obvious to all Members in the House today. Therefore, I do not want to belabour in moving this Motion by way of trying to justify. I therefore appeal to colleagues to support this Motion. I call upon Senator for Narok County to second
Mr. Speaker, Sir, I rise to second the Motion on limitation of debate. It is imperative that we prioritize business, so that we make progress. We have a lot taking into consideration the meeting of all Chairpersons of the Liaison Committees in terms of business of this House. It will be imperative for us to put all those things together so that we make sure that we achieve a lot. There is a lot t…
[(Question proposed)]
You may now make your contributions or you may, through consensus, allow me to proceed to put the question.
Put the question.
Having obtained your consensus, I will now proceed to put the question.
[(Question put and agreed to)]
Next Order.
Senate Majority Leader, please proceed.
Mr. Speaker, Sir, I beg to move the following Motion- THAT, notwithstanding the provisions of Standing Order No.111 (4) , the debate on any Motion for adjournment of the Senate to a day other than the next normal sitting day in accordance with the calendar of the Senate shall be limited to a maximum of two hours, with not more than 15 minutes for each Senator speaking after which the Senate shall …
Sen. (Dr.) Khalwale, you have not concluded moving the Motion.
Sorry.
Provided that when the period of recess proposed by any such Motion does not exceed nine calendar days, the debate shall be limited to a maximum of 30 minutes, and shall be confined to the question of adjournment. Mr. Speaker, Sir, this is a Procedural Motion which is quite clear to the entire House. I do not want to belabour it. I therefore move the Motion and request Sen. Ogola to second.
Mr. Speaker, Sir, I second.
[(Laughter)]
Hon. Senators, with your consensus, I may allow you to contribute to this Motion. Sen. Wambua, you may have the Floor.
Mr. Speaker, Sir, I do not want to belabour the point. The Motion has been moved and seconded. I am in support of this and the first Motion on limitation of debate. Now that we have limited time to debate Motions, I request colleagues to sparingly use Standing Order No.111. The Senate Business Committee (SBC) , in its wisdom, has allocated time that they think is fair for meaningful debate on any…
Hon. Senators, I will proceed to put the question. Before I do so, it is my determination that this matter does not affect counties. Therefore, voting shall be by voice. Let us go to the next Order.
[(Question put and agreed to)]
First Reading
Next Order.
Thank you, Mr. Temporary Speaker, Sir. On behalf the Leader of the Majority who is also the Senator of Kericho, I welcome the young people to the Senate. I know you are going to miss him, you would have loved to see him debate. He is a very good debator here. On his behalf, I assure you that you come from a unique community; a sporting community. As young children, I am sure many of you would hav…
[(Applause)]
Mr. Temporary Speaker, Sir, thank you for that opportunity. From the onset, I declare that I am going to oppose this Bill. I have had an opportunity as the Chair of the County Public Investments and Special Funds Committee (CPISFC) to have audit review sessions with over 80 WSPs in this country. My Committee has done a wonderful job trying to deal with the challenges that we have noted. They are …
[(Applause)]
[(Applause)]
We have relook at these things in totality and make the right decision. I believe it is the total rejection of this Bill.
[(Applause)]
[(Applause)]
[(Applause)]
We have relook at these things in totality and make the right decision. I believe it is the total rejection of this Bill.
[(Applause)]
Thank you so much, Sen. Osotsi. I call upon Sen. Abbas.
Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity. It is a very unfortunate situation today. Yesterday, while I was talking here, I said that devolution is under attack. One of the team that wants to capture this House is the leadership in the National Assembly. It is a very unfortunate situation that the National Assembly has now become a hindrance to the welfare of Kenyans. B…
Mr. Temporary Speaker, Sir, this Bill is in bad taste and it should be rejected in totality. I come from a pastoralist area. If tomorrow they say that water will be commercialized, my animals will not access the river because we cannot afford to pay and animals will die. The river and the dams will be restricted. So, we are going to miss water for animals. We are complaining of drought and all th…
Thank you, Sen. Abass. Sen. Mumma, proceed.
Hon. Senators, we may rise. It is now 1.00 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until today, Wednesday, 14th February, 2024 at 2.30 p.m. The Senate rose at 1.00 p.m.
I am the Vice-Chairperson of the Standing Committee on Devolution and Intergovernmental Relations. One of the things we have been trying to do is to get a meeting with the national Government Department in charge of devolution to churn a way out where we can establish better intergovernmental relations between the national and county governments. That meeting is long overdue. I can see my Chairpe…
Hon. Senators, we may rise. It is now 1.00 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until today, Wednesday, 14th February, 2024 at 2.30 p.m. The Senate rose at 1.00 p.m.