Senate · Afternoon Sitting

Wednesday, 14 June 2023

Session Summary

Senators debated the impact of a recent Salaries and Remuneration Commission circular that reduced allowances for Members of County Assemblies, arguing it contravenes the County Allocation of Revenue Act and calling for its annulment. The discussion also highlighted the Senate’s role in overseeing devolution, urging the Committee on Devolution and Intergovernmental Relations to address broader funding and accountability issues for county assemblies. Senators praised the Agricultural Extension Services Bill as timely and essential for boosting productivity and youth employment, while urging amendments to address funding mechanisms, market access, and technology integration. They highlighted gaps such as the reliance on fee‑based extension officers, the need for broader crop coverage, and safeguards against broker exploitation. The debate combined strong support with constructive criticism to improve the legislation’s impact on farmers. The Senate afternoon sitting began with procedural matters and the laying of several Auditor‑General reports on municipal finances. Senators then used Standing Order 53 to request statements and investigations into issues such as SGR land encroachment, water and sanitation challenges, and health services at a major referral hospital. The session also addressed the recent closure of 16 County Assemblies, with the Devolution Committee reporting on its response.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Hon. Senators, kindly take your seats. We do have quorum. We will proceed with the business of the day. Clerk, kindly proceed to call the first Order.

[(Several Senators walked into the Chamber)]

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The Speaker (Hon. Kingi)

Sen. Methu is not present. This Petition is deferred. Next Order.

[(Petition deferred)]

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The Speaker (Hon. Kingi)

Proceed, Majority Whip, Sen. (Dr.) Khalwale.

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Sen. (Dr.) Khalwale

Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate, today, 14th June, 2023- Report of the Auditor-General on the financial statements of the Rumuruti Municipality – County Government of Laikipia for the year ended 30th June, 2020. Report of the Auditor-General on the financial statements of the Rumuruti Municipality – County Government of Laikipia for the y…

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

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The Speaker (Hon. Kingi)

Statement pursuant to Standing Order No.53 (1) . Sen. Thang’wa.

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Sen. Thang’wa

Thank you very much, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement. Acknowledging the fact that the Standard Gauge Railway (SGR) has encroached upon the land owned by the esteemed residence of Ndeiya in Kiambu County without providing due compensation to the land owners, I urge the Committee on Lands, Environment and Natural Resources to conduct an investigatio…

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The Speaker (Hon. Kingi)

Next Statement.

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The Speaker (Hon. Kingi)

Sen. Ogola, please proceed.

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Sen. Ogola

Thank you, Hon. Speaker, Sir, for giving me the opportunity to read my Statement. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources, regarding the measures taken by the Lake Victoria South Water Services Board to restore water supply in the Ndhiwa borehole. Hon. Speaker, Sir, in the Statement, the Committee should …

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The Speaker (Hon. Kingi)

Hon. Sen. Tom Ojienda SC, please proceed.

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Sen. Tom Ojienda SC

Mr. Speaker, Sir, I have three Statements;

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Sen. Tom Ojienda SC

I rise under Standing Order No. 53(1) to seek a Statement from the Standing Committee on Health regarding the State of Health and Medical Services offered at the Jaramogi Oginga Odinga Teaching and Referral Hospital in Kisumu County. In the Statement, the committee should -

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Sen. Tom Ojienda SC

I rise under standing Order 53(1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the water and sanitation situation in Katito Town and its environs in Kisumu County. In the Statement, the Committee should -

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The Speaker (Hon. Kingi)

Statement pursuant to Standing Order 56 (1) . The Chairperson, Devolution and Intergovernmental Relations, Sen. Abbas, please, proceed.

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The Speaker (Hon. Kingi)

Embakasi East. The group comprises four teachers and 48 students who are in the Senate for a one day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit.

[(Applause)]

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Sen. Sifuna

Thank you, Mr. Speaker, Sir. I join you and the House in welcoming the students who have visited us this afternoon. It is an interesting day to visit the Houses of Parliament, a bit more interesting on the other side of the National Assembly because of the very live debate on the Finance Bill. However, it is not too bad here either. I hope that you have caught a few things that will help you in ad…

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Sen. Lemaltian

Thank you, Mr. Speaker, Sir. On behalf of this hon. House, I would like to welcome the boys from Ontulili School. I would like to tell you one thing and that is the motto I grew up with in primary school; transparency, self-discipline and determination leads to success. Once you focus on the three, you are sure to achieve and attain all your goals while putting God first. This is the Senate, wher…

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The Speaker (Hon. Kingi)

Next Order.

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Sen. (Dr.) Khalwale

Madam Temporary Chairperson, I am standing on a matter of procedure. I believe the Speaker said he was rearranging the Order Paper, so that we start from Order No. 9, but I can see now the Committee of the Whole is meeting over Order No.11. The Temporary Chairperson (Sen. Mumma) : We will begin with Order No. 9. Hon. Senators, we are now in the Committee of the Whole to discuss Order No. 9, The C…

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Sen. Mumma) :

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Sen. Mumma) :

Madam Temporary Chairperson, I beg to move: THAT, the Bill be amended by deleting the Second Schedule and substituting therefor the following new schedule-

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Sen. Ali Roba

Madam Temporary Chairperson, I beg to move: THAT, the Bill be amended by deleting the Second Schedule and substituting therefor the following new schedule-

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Sen. Ali Roba

County Government Budget Ceilings on Recurrent Expenditure in Financial Year 2023/2024

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Sen. Ali Roba

Total 34,576,474,969 40,612,656,492 28,486,731,667 25,825,556,396

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Sen. Ali Roba

The Temporary Chairperson (Sen. Mumma): Just hold on, Sen. Ali Roba. Members seem to want us to go to Division. Therefore, we request that you hold on. Let us go to the next Bill and then we will have Division for both.

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Sen. Ali Roba

The Temporary Chairperson (

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Sen. Mumma):

Yes. : Hon. Senators, we will resume. The Chairperson of the Committee, Sen. Wakili Sigei, will move the amendments.

[(Sen. Mungatana consulted with the Temporary Chairperson The Temporary Chairperson (Sen. Mumma)]

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Sen. Ali Roba

Thank you. (

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Sen. (Dr.) Khalwale consulted with the Temporary Chairperson) The Temporary Chairperson (Sen. Mumma) :

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Sen. (Dr.) Khalwale consulted with the Temporary Chairperson) The Temporary Chairperson (Sen. Mumma) :

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Sen. (Dr.) Khalwale consulted with the Temporary Chairperson) The Temporary Chairperson (Sen. Mumma) :

Madam Temporary Chairperson, I beg to move: THAT Clause 5 of the Bill be amended in subclause (1) by —

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Sen. Ali Roba

Agriculture is a primary source of income. In this regard, the extension services play a key role to increase productivity and quality of crops and livestock. Farmers will earn more money and in turn, raise their living standards. From the foregoing, it is important to have a legislative framework that will provide a critical sector that has direct impact on agricultural productivity for the coun…

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Sen. Mungatana, MGH

productivity, while maintaining and enhancing natural resources based on the products from different counties. Different regions have different products, natural resources and output of cash crops. For example, tea is a cash crop that does well in the Rift Valley region. The service will also develop new users and products on agricultural commodities. Remember, the focus of the Bill is to improve…

[[The Temporary Speaker (Sen. Veronica Maina) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

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Sen. Mumma) :

Sen. Cherarkey, proceed.

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Sen. Mungatana, MGH

Thank you, Mr. Temporary Speaker, Sir. I do not know why Sen. Maanzo is doubting my seniority as a ranking Member of this House. He can easily consult senior youth, Sen. (Dr.) Oburu, to confirm. From the onset, I congratulate Sen. Tabitha Mutinda for this wonderful Bill. She is a member of the Nairobi Delegation. Many people think that somebody from Nairobi would not be interested in agriculture.

[[The Temporary Speaker (Sen. Veronica Maina) in the Chair]]

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Members, we are back to Session. I will request the Chairperson of the Committee dealing with the County Allocation of Revenue Bill (Senate Bills No. 16 of 2023) to report.

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Sen. Mumma

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the County Allocation of Revenue Bill (Senate Bills No. 16 of 2023) and seeks leave to sit again tomorrow.

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The Temporary Speaker (Sen. Veronica Maina)

We need to tell the owners of multinational companies even if they are in London and are powerful, whoever they are, that they cannot muzzle and intimidate leaders from speaking against tea plucking machines taking the jobs of our young people and men. We shall speak the truth. We want to ask the Ministry of Interior and National Administration - CS (Prof.) Kithure Kindiki is my very good friend …

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Sen. Mutinda

Mr. Temporary Speaker, Sir, the senior Member of the Senate, Sen. Cherarkey is using terms which are strange to this House. What is ‘Kiptindinyos and Selele’? Please, bring that to the attention of Members so that we flow with your seconding of this Bill. I thank you.

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Sen. (Dr.) Khalwale

Sen. Cherarkey, kindly clarify to the Hon. Senator on the terms that you used.

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, I now invite the Chairperson to report on the Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bills No. 7 of 2022) , Sen. Mumma.

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Sen. Mumma

your wife to open the door very quickly, especially where I come from in the South Rift. You just ensure that it touches the door as you knock then you can go in very first. Thank you, Sen. Okenyuri. I know you also come from the region where they also plant tea in Nyamira and Kisii counties. I know they also have a challenge of tea plucking machines. The fourth point that I want to make is the …

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The Temporary Speaker (Sen. Veronica Maina)

I now invite the Mover of this Motion, Sen. Mungatana, to move.

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Sen. Mungatana, MGH

Thank you, Madam Temporary Speaker. I beg to move that the House do agree with the Committee in the said Report and call upon Sen. (Dr.) Khalwale to second.

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Sen. (Dr.) Khalwale

Thank you, Madam Temporary Speaker. I rise to second this Motion as moved.

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, Sen. (Dr.) Khalwale.

[(Question proposed)]

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, the House now resumes the usual business and I request the Clerk to call the next Order.

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Mutinda.

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Sen. Tabitha Mutinda

Thank you, Madam Temporary Speaker. I rise pursuant to the provisions of the Standing Order No. 146 of the Senate, to move that the Agricultural and Livestock Extension Services Bill (Senate Bills No. 12 of 2022) be now read a Second Time. First, I will start by thanking the Members of the Committee on Agriculture, Livestock and Fisheries for looking at the Bill. I also thank the Committee for en…

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Sen. Tabitha Mutinda

Agriculture is a primary source of income. In this regard, the extension services play a key role to increase productivity and quality of crops and livestock. Farmers will earn more money and in turn, raise their living standards. From the foregoing, it is important to have a legislative framework that will provide a critical sector that has direct impact on agricultural productivity for the coun…

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Sen. Tabitha Mutinda

Sen. Okenyuri, proceed.

[[The Temporary Speaker (Sen. Veronica Maina) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Cherarkey, proceed.

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Sen. Cherarkey

Mr. Temporary Speaker, Sir, this is a critical issue, but you can see we are only a few of us in this House deliberating on this matter. Agriculture is not just about the rural population where majority of us come from; it is equally urban. Sen. Tabitha Mutinda, who is the Sponsor of this Bill, is from an urban area. As we progress, agriculture is also going to be embraced through technological m…

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Sen. Cherarkey

I am happy she is the first among the equals. She has led us on the issue of agriculture which largely affect counties like where I come from, in Nandi County. I would like to commend and congratulate her because she is cutting a niche in the legislative world and parliamentary procedures. She is a trailblazer in women leadership in the country. I see there are a number of girls in the Public Ga…

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Sen. Cherarkey

Mr. Temporary Speaker, Sir, we need to co-mingle and come together so that we are able to do research and transfer of technology. Where I come from, there is what we call ‘Sixchoge’ where you get the best maize and hang it in your store and thereafter plant it. We want Kenya Seed to give us the best variety. We have to appreciate that climate change is real. The country just moved back from one o…

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Sen. Cherarkey

We need to tell the owners of multinational companies even if they are in London and are powerful, whoever they are, that they cannot muzzle and intimidate leaders from speaking against tea plucking machines taking the jobs of our young people and men.We shall speak the truth. We want to ask the Ministry of Interior and National Administration - CS (Prof.) Kithure Kindiki is my very good friend an…

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Sen. Wakili Sigei):

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Sen. Wakili Sigei):

Thank you, Mr. Temporary Speaker, Sir, for this opportunity to contribute to this Bill that my good friend Sen. Tabitha Mutinda has brought on the table. I delve into the challenges that our good friends, the agricultural extension officers are undergoing in Bungoma or in the country at large. You realise that the agricultural extension officers in this republic have very low morale. These people…

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Sen. Okenyuri

Mr. Temporary Speaker, Sir, the senior Member of the Senate, Sen. Cherarkey is using terms which are strange to this House. What is ‘Kiptindinyos and Selele’? Please, bring that to the attention of Members so that we flow with your seconding of this Bill. I thank you.

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Cherarkey, kindly clarify to the Hon. Senator on the terms that you used.

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Sen. Cherarkey

My apologies Mr. Speaker, Sir. I am told in Kikamba ‘Kitindinyo’ means a different thing. Where I come from and where the Temporary Speaker comes from in the South Rift and North Rift, it means the men who came crawling around your homestead and they found around swamps. I think that is the explanation. The word ‘Selele’ is the bag. I know polythene bags are banned in the country. However, ‘selel…

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Sen. Cherarkey

your wife to open the door very quickly, especially where I come from in the South Rift. You just ensure that it touches the door as you knock then you can go in very first. Thank you, Sen. Okenyuri. I know you also come from the region where they also plant tea in Nyamira and Kisii counties. I know they also have a challenge of tea plucking machines. The fourth point that I want to make is the …

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Sen. Cherarkey

extension officers as opposed to ward administrators. I agree on the aspect of training and ensuring that counties are held accountable. I want to challenge the people who will engage the Council of Governors (CoG) and the Senate between Friday and Sunday. Please, you must bring the issue of agriculture on the table. It is one of the key devolved functions besides health. I want to laud the gove…

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Sen. Cherargei, next time, you might need to clarify that from where you come from, we do not use ---

[(Question proposed)]

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Members, I can see my dashboard is full of requests from Members to speak. However, before I do that, I have a Communication to make.

[(Interruption of debate on the Bill)]

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, it is now 6.30