Senate · Afternoon Sitting

Clerk, do we have quorum? Good. Let us proceed.

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

Hon. Senators, I hereby report to the Senate that a petition has been submitted to the Senate by Mr. Kimutai Kirui and other residents of Uasin Gishu County concerning the First Choice Recruitment and Consultancy Agency. As you are aware, under Article 119 (I) of the Constitution and I quote, “Every person has a right to petition Parliament to consider any matter within its authority, including t…

Yes, Majority Leader.

Mr. Speaker, Sir, I beg your indulgence. I know Standing Order No. 237 permits you to allow comments, observations or clarifications in relation to a petition presented and reported. It says such total term shall not exceed 30 minutes, but it does not expressly provide in a situation such as today where you have more than one petition. In such instances, as per the Standing Order, we refer back t…

Very well, Majority Leader. Indeed, I am going to call upon Sen. Githuku to present his Petition and thereafter, we are going to make comments on both Petitions within half an hour. Proceed, Senator.

Thank you, Mr. Speaker, Sir. Hon. Senators, pursuant to Standing Order No.232 (1) (b) , I hereby present the Senate Petition by Mr. James Gakonga and other residents of Lamu, Baringo, Nairobi City, Kiambu counties concerning Linda Soka, tapping into Kshs302 billion football economy. As you are aware, Article 119 (1) of the Constitution says: - “Every person has a right to Petition in Parliament t…

Sen. Maanzo, proceed.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to comment on those two Petitions. First and foremost, I support them. At one time I had an opportunity to be the secretary for youth and sport in this country and I am very familiar with what the hon. Senator is presenting. Sports is an industry which brings serious income into the country and employs youths as well as paying well. A foot…

Proceed, Sen. Kathuri.

Thank you, Mr. Speaker, Sir, for this opportunity to comment briefly on the two petitions. Mr. Speaker, Sir, I will comment on the first Petition from Uasin Gishu County. As you know, our youths are very desperate because there are no jobs. When they hear of overseas job recruitment, most of them become very enthusiastic that they are going for greener pastures. From the time I was in the Nation…

Proceed, Sen. Osotsi.

Thank you, Mr. Speaker, Sir. I have just walked in from the County Public Accounts Committee (CPAC) . I did not know what was being discussed but I have heard Senators talking about sports. Football matters are very dear to me and I need to say something about it. Sports is a very important sector in this country but it has been taken very lightly by those in management starting from the Ministry…

Proceed, Sen. Cheruiyot.

Thank you, Mr. Speaker, Sir. I rise to support both petitions. On the Petition by residents of Uasin Gishu County, Mr. Speaker, you will recall that when we were last in Dubai, we had an interactive session with Kenyans living in the United Arab Emirates (UAE) and the Gulf region generally. Many amongst the reasons that they raised, was the issue of agents who do not adhere to the rule of law fo…

[(There was a technical hitch)]

Proceed, Sen. (Dr.) Khalwale.

Thank you, Mr. Speaker, Sir. I rise to support both Petitions. I wish to speak to the Petitions from the Senator of Lamu. Mr. Speaker, Sir, we are not serious about our resources. Sports in general and football in particular is now the emerging giant of social economy. The economy of sports has been underrated in that Petition from Lamu; that it has a potential of Kshs302 billion, which is an equ…

[(Sen. Cheruiyot spoke off the microphone)]

[(Laughter)]

Sen. (Dr.) Khalwale, your time is up. Proceed, Sen. Chimera.

Mr. Speaker, Sir, I thank you for this opportunity. I rise to support those two Petitions. Allow me to speak directly to the second Petition by my good friend, Sen. Githuku, from Lamu. Mr. Speaker, Sir, indeed, there can never be a more timely Petition than this. We have all come from quite a long recess. I want to believe that everyone in this House has been running and organizing football tourn…

Proceed, Sen. Okenyuri and that will conclude the half-an-hour.

Thank you, Mr. Speaker, Sir. I will speak to the Petition by Mr. Kimutai Kirui of Uasin Gishu County on the conning that is going on. Mr. Speaker, Sir, the conning is not necessarily happening to only young people who are interested in opportunities overseas. It is here with us. The recruitment by Teachers Service Commission (TSC) and the Kenya Defense Forces (KDF) will be coming soon and we anti…

The Senate Majority Leader, kindly take your seat. Hon. Senators, as far as the Petition from Uasin Gishu is concerned, pursuant to Standing Order 238 (1) , the Petition should be committed to the relevant Standing Committee for its consideration. In this case, I direct that the same be committed to the Standing Committee on Labour and Social Welfare. In terms of Standing Order 238 (2) , the Comm…

Thank you, Mr. Speaker, Sir. A word of welcome for the visiting delegation from Busia County Assembly. I hope they get to interact with our Serjeant-at-Arms department and any other department that they may find relevant to their study as they visit our House. I hope they make the best use of their time and learn from the best. I have said many times before and I speak from a position of authori…

Hon. Senators, as you may have noted, the Senate Majority Leader has tabled the Budget Policy Statement for the Financial Year 2023/2024, the Medium-Term Debt Management Strategy, 2023, the Draft Division of Revenue Bill, 2023; and the Draft County Allocation of Revenue Bill, 2023. Section 25 of the Public Finance Management Act and Standing Order No. 180 of the Senate, requires the National Trea…

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

What is your point of order, Sen. Madzayo?

Mr. Speaker, Sir, I beg to lay before the House the following Paper, today, 15th February, 2023: - Report of the Standing Committee on Justice, Legal Affairs and Human Rights on the consideration of the Parliamentary Powers and Privileges Amendment Bill, Senate Bills No.5 of 2022.

[(Sen. Wakili Sigei laid the Paper on the Table)]

Next Order.

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

[(Loud consultation)]

That is the same issue.

[(Loud consultation)]

That is the same issue.

Bw. Spika, ninaomba sekunde 20 peke yake.

Sen. Olekina, tafadhali, rejea kwenye kiti chako, ukae na utulie. Next Order, please.

Bw. Spika, Hoja ya nidhamu!

[(Applause)]

Tafadhali Waheshimiwa Maseneta, ninafikiri tumeijadili hii mada. Nimezungumza na nikawaambia tutakavyoendelea. Sen. Sifuna, ninataka nikuambie sasa, wakati ninafanya uamuzi, jina lako halitakuwa katika uamuzi huo. Kwa hivyo, usiwe na shaka, kwa sababu katika maamuzi yangu, sitataja majina ya Maseneta.

[(Applause)]

Tafadhali Waheshimiwa Maseneta, ninafikiri tumeijadili hii mada. Nimezungumza na nikawaambia tutakavyoendelea. Sen. Sifuna, ninataka nikuambie sasa, wakati ninafanya uamuzi, jina lako halitakuwa katika uamuzi huo. Kwa hivyo, usiwe na shaka, kwa sababu katika maamuzi yangu, sitataja majina ya Maseneta.

Next Order. What is your point of order, Sen. Oketch Gicheru?

Mr. Speaker, Sir, you made a ruling based on a communication that was given to you in what appears as late notification. The changes that are being made by the other side of the House---

Sen. Oketch Gicheru, have you just walked in?

Mr. Speaker, Sir, I am referring to the Notice of Motion the Senate Leader of Majority has given.

As you are raising a point of order, do not refer or infer on the other matter.

Mr. Speaker, Sir, I apologise. The Order we are discussing was not communicated at the right time. We are observing a situation where they are having changes made, while ours are not being made concurrently.

[(The Speaker stood in his place)]

Sen. Oketch Gicheru, take your seat, when the Chair is upstanding. Hon. Senators, yesterday, we spent time constituting the Senate Business Committee (SBC) . After electing the SBC, we proceeded to have our first meeting. In the meeting, the SBC looked at the business that is supposed to appear on the Order Paper. One of the business passed by the SBC to appear on the Order Paper today is what t…

Asante sana Bw. Spika. Nakushukuru sana kwa muongozo huo. Mimi kama mwanachama wa Jubilee, nafahamu kwamba wakenya wamechoka. Hatutaki maandamano. Umetoa uamuzi na tunafaa turejelee shughuli zetu kwenye Ratiba. Maseneta wameanza kutoka nje badala ya kuendelea na kazi tunayofaa kufanya.

Sen. Githuku, what is your point of order?

Mr. Speaker, Sir, I beg to give Notice of the following Motion - THAT, AWARE THAT period poverty refers to the common challenge plaguing women globally, wherein they are unable to attend schools or work as a cause of lack of funds for sanitary products, that is both a health risk and a signal of gender inequity.

[(Loud consultations)]

May Sen. Orwoba be heard in silence?

[(Loud consultations)]

May Sen. Orwoba be heard in silence?

Mr. Speaker, Sir, kindly. FURTHER AWARE THAT in rural Kenya, two out of three pad users receive pads from sexual partners and 65 per cent of women and girls cannot afford sanitary pads, forcing them to use alternative materials like grass, cotton wool and cloth which lack adequate absorbent qualities resulting in frequent leakage and hygiene issues; CONCERNED THAT period poverty also referred to a…

Thank you, Mr. Speaker, Sir. I beg to give notice of the following- THAT, AWARE THAT energy is an essential factor of production and its total consumption is a major determinant of performance of the economy with its cost and reliability, spurring or stifling economic growth; FURTHER AWARE THAT, there has been a significant growth in the demand for electricity in Kenya driven by economic growth an…

Thank you, Mr. Speaker, Sir. I beg to give notice of the following- THAT, AWARE THAT energy is an essential factor of production and its total consumption is a major determinant of performance of the economy with its cost and reliability, spurring or stifling economic growth; FURTHER AWARE THAT, there has been a significant growth in the demand for electricity in Kenya driven by economic growth an…

What is your point of order, Senate Majority Leader?

Mr. Speaker, Sir, I beg to indulge you together with my colleagues. The Order Paper is quite heavy and we are still doing notices of Motion. If you were to approve the same notices of the same Motions, chances are that between now and the rise of the House at 6.30 p.m., we may not debate any of those Motions. While handling that and taking into consideration what is happening in the House, one i…

Senate Majority Leader, kindly approach the Chair. (The Senate Majority Leader Hon. Senators after consulting the Senate Majority Leader, we will proceed with the Order Paper as drawn. The Chairperson of the Standing Committee on Finance and Budget, proceed. We are going to defer Sen. Wamatinga’s Notice of Motion. Next Order.

[(Sen. Cheruiyot) approached the Chair)]

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

February 15, 2023 SENATE DEBATE 30

[[The Speaker (Hon. Kingi) left the Chair] [The Deputy Speaker (Sen. Kathuri) in the Chair]]

Just a minute, Sen. Mariam Omar. Can you kindly summarize because the Statement that I have here is brief?

Mr. Deputy Speaker, Sir, I am almost done.

Kindly skip what you can.

Okay, Mr. Deputy Speaker. The validity and the right to hold religious beliefs are not dependant on general acceptance on majority votes. They are personal to the individual in accordance with their inner life and must be respected because they are clear not to observers, but to believers. I am pleading with our educational institutions that Muslim girls be allowed to wear a limited form of hijab…

[(a scarf and a trouser)]

The Statement stands committed to the Committee on Education. (The Statement was committed to the

Please proceed, Majority Whip.

Please proceed, Majority Whip.

Mr. Deputy Speaker, Sir, I beg to move the following procedural Motion- THAT, pursuant to Standing Order 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 twenty minutes for the Mover, twenty minutes for the Majority Party official responder, twe…

Please proceed, Sen. Tabitha Mutinda.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

Yes, Sen. Cherargei. Do you want to contribute? Okay, proceed.

Mr. Deputy Speaker, Sir, I rise to support this Procedural Motion. I thank the Majority Side for bringing this Motion. We agreed that 20 minutes is sufficient for the Mover, the Majority and Minority side, although I can see they are not there. They must be busy with other things and thus betraying the trust of many Kenyans that voted for them. Mr. Speaker, Sir, for us Senators, it is 15 minutes. …

Thank you, Sen. Wakili Sigei. I now call upon the Mover to reply. Sen. (Dr.) Khalwale, you must be very attentive because you are the owner of this Motion.

Mr. Deputy Speaker, Sir, I beg your pardon.

Mr. Speaker, Sir, I thank the three Members who have contributed to this Motion. I beg to reply.

[(Question put and agreed to)]

Next order. Proceed, Senate Majority Whip.

I request the Mover to reply.

Mr. Speaker, Sir, I thank the three Members who have contributed to this Motion. I beg to reply.

[(Question put and agreed to)]

Next order. Proceed, Senate Majority Whip.

February 15, 2023 SENATE DEBATE 35

From where I sit, no Senator is willing to contribute. So, I call upon the Mover to reply.

Thank you, Mr. Deputy Speaker, Sir. I rise to reply and wish to thank the House for being united in the urgency of this matter. I beg to reply.

Next Order. Proceed, Senate Majority Whip.

Thank you, Mr. Deputy Speaker, Sir. I rise to reply and wish to thank the House for being united in the urgency of this matter. I beg to reply.

Pursuant to Standing Order No.84 (2) , I determine that this matter does not affect counties. Therefore, I will put the question.

[(Question put and agreed to)]

Next Order. Proceed, Senate Majority Whip.

Mr. Deputy Speaker, Sir, I sat because you started talking. I could not remain standing when the authority of the Chair was having the microphone. Mr. Deputy Speaker, Sir, I invite the Vice Chair of the Standing Committee on Budget and Finance, the distinguished Sen. Tabitha Mutinda, to second.

Thank you, Mr. Deputy Speaker, Sir. I second.

[(Question proposed)]

Mr. Deputy Speaker, Sir, I support the Motion. However, in my experience, we have had a serious problem with time, even when we debated the last Presidential Address in the House. Essentially, the Presidential address touches on important issues on which Members want to contribute. Fifteen minutes it a short time, but in this particular one, I support. However, in future, we should increase the t…

Thank you, Sen. Cheptumo. From experience, every Senator is always interested in contributing. At times, Members even propose that contribution time for each Senator be reduced to five minutes. Let us hear from Sen. Wakili Sigei.

Mr. Deputy Speaker, Sir, ordinarily, the President is expected to address the House once every year. In that particular Address, he addresses all sectors affecting the country. Limiting the time is for a good reason. Therefore, as and when the President has addressed the House, it is also appropriate to limit the time which the Members can speak to the speech. I support the timeline given so tha…

Proceed, Sen. Cherarkey.

Thank you, Mr. Deputy Speaker, Sir for this opportunity. Limitation is very important. However, in future, in the interest of time, and to dispense of the business; the Senate Business Committee (SBC) and the House leadership can decide to standardise it to 20 minutes for both Majority and Minority sides. As my colleagues have said, this is the only time that the President has the opportunity to …

February 15, 2023 SENATE DEBATE 37

Sen. Cherarkey, to defend this seat that I am sitting on, the Speaker has no vote. When you are told kata, it is not the Speaker who does the ‘kataring’. It is the House that makes the decision because the Speaker always puts question whether the Members allow two minutes or five minutes. Next time you should mobilize these normal low-ranking Members to refuse that decision. I can see that there …

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

Mr. Deputy Speaker, Sir, you have captured the mood correctly. We are trying to move as fast as possible. I want to thank all the Members for their contribution. So that does not look like I was being selective, President Mwai

Sen. Cherarkey, to defend this seat that I am sitting on, the Speaker has no vote. When you are told kata, it is not the Speaker who does the ‘kataring’. It is the House that makes the decision because the Speaker always puts question whether the Members allow two minutes or five minutes. Next time you should mobilize these normal low-ranking Members to refuse that decision. I can see that there …

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

Mr. Deputy Speaker, Sir, you have captured the mood correctly. We are trying to move as fast as possible. I want to thank all the Members for their contribution. So that does not look like I was being selective, President Mwai

[(Laughter)]

You can see now you are now almost spoiling the good mood the whole afternoon. This Bill does not concern counties. I put the question. Next Order.

[(Question put and agreed to)]

Next order. First Reading

Next order.

This Bill is sponsored by Sen. Danson Mutangana, the Senator for Tana River County, who is not in the Chamber. The Bill is, therefore, deferred.

This Bill is sponsored by the Senator for Homa Bay County, Sen. Moses Kajwang. I can see he is not in the Chamber for reasons better known to him. Therefore, this Bill is deferred to a later date. Next Order. Second Reading

Mr. Deputy Speaker, Sir, on the same that you have guided the House on the Mung Beans Bill (Senate Bills No.13 of 2022) , the Senator is also not in the House.

It was just the First Reading, but the others, which were ripe for debate were Nos.14 and 15. That is well executed, Sen. Mutinda. Sen. Samson Cherarkey, proceed.

Mr. Deputy Speaker, Sir, looking at the time that we still have, it is like one hour and thirty minutes before the close of business.

February 15, 2023 SENATE DEBATE 40

Thank you, Sen. Cherarkey.

Mr. Deputy Speaker, Sir, when you rule, I will be well guided. I believe when you speak, you will not only do so as the Deputy Speaker of the House, but also as a member of Njuri Njeke.

February 15, 2023 SENATE DEBATE 41

Mr. Deputy Speaker, Sir, when you rule, I will be well guided. I believe when you speak, you will not only do so as the Deputy Speaker of the House, but also as a member of Njuri Njeke.

Sen. Cherarkey, all these issues you have canvassed are right. I put this matter to SBC whose Members are here and the hon. Speaker is the Chair. It will be well discussed in the next SBC meeting so that we do not waste time. This is because we will be adjourning almost one and a quarter hour to time. Sen. Wakili Sigei and Sen. Mutinda had point of orders. Next Order. I had called this order, bu…

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