Senate · Afternoon Sitting

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)]

Hon. Senators, I am informed that we now have quorum. Clerk, kindly proceed to call the first Order.

Chairperson, Standing Committee on National Security, Defence and Foreign Relations, kindly proceed.

Mr. Speaker, Sir, on behalf of the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations, I beg to lay the following petitions reports on the Table of the Senate, today, 15th May, 2024-

Report of the Standing Committee on National Security, Defence and Foreign Relations on a petition to the Senate by the residents of Kajiado East and West sub- counties concerning the alleged rampant livestock theft in the region and within Kajiado County in general.

Mr. Speaker, Sir, this is the report of the Standing Committee on National Security, Defence and Foreign Relations on a petition to the Senate by Mr. Isaiah Ochanda, an employee of the former Department of Defence, concerning the non-fulfilment of a court order and decree made in 2011, against the Ministry of Defence and the Attorney-General, and the non-payment of Disability Pension from 1996 to …

Mr. Speaker, Sir, this is the report of the Standing Committee on National Security, Defence and Foreign Relations on a petition to the Senate by residents of Samburu County, concerning persistent insecurity, cattle rustling, loss of lives and property in Lorroki and Malaso Divisions of Samburu Central Sub County. I thank you.

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

Let us go to the next Order.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Wednesday, 15th May, 2024- Report of the Standing Committee on National Security, Defence and Foreign Relations on the Elgeyo-Marakwet County Assembly resolution on measures to curb banditry in Kerio Valley.

Further to that, I also beg to lay the following Papers as well- Report of the Auditor-General on Financial Statements of Thika Municipality for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Kikuyu Municipality for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Kiambu County Jiinue Fund for the year ended 30th …

Let us go to the next Order.

Let us have the Chairperson of the Standing Committee on Health or any Member of that committee.

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, the Senate adopts the report of the Standing on Health on the inquiry into alleged irregularities in the procurement of long-lasting insecticide treated nets at the Kenya Medical Supplies Authority (KEMSA) , laid on the Table of the Senate on Wednesday, 8th May, 2024.

Hon. Senators, before I allow the Clerk to call the next order, allow me to make the following Communication. Hon. Senators, as you may recall, at the sitting of the Senate held on Tuesday 19th March, 2024, the Senate Majority Leader, Sen. Aaron Cheruiyot MP, rose on a point of order seeking the intervention of the Speaker on the submission to Parliament by the Controller of budget (CoB) of the r…

[(Sen. (Dr.) Murango consulted loudly)]

From the report, the CoB has submitted the following-

Mr. Speaker, Sir, I thank you for your Communication before the House. I respect it, but greatly feel that it falls far way below the expectation of the House in the sense that, it addresses only part of what was raised. However, there are other issues not addressed in your Communication. Maybe you can guide the House. Mr. Speaker, Sir, a reading of Article 228 (6) is not only plain. In law, they…

Thank you, the Senate Majority Leader. As far as the Constitution goes, the CoB has discharged her constitutional obligation. However, I hear you, that beyond the constitutional requirements, there was an agreement between the Senate and the CoB. They sat and agreed that, instead of these reports being transmitted quarterly, they be transmitted monthly. We do not need to summon the Controller of …

committing them to the Standing Committee on Finance, they must be made available to all senators by depositing the same in the pigeonholes. This way, they can read and see the performance of their counties. Clerk, going forward, you may have to engage the office of the CoB to submit monthly reports. I believe that can be done administratively without having to summon the CoB to appear before the…

Hon. Senators, as you may recall, at the sitting of the Senate held yesterday, Tuesday, 14th May, 2024, I directed Sen. Samson Cherarkey, MP to substantiate utterances made in the course of debate, following a point of order raised by the Senator for Siaya County, Sen. (Dr.) Oburu Oginga, MP, pursuant to Standing Order No.105 (1) . Standing Order No.105 provides, and I quote-

Mr. Speaker, Sir, thank you for allowing me to---I do not know whether I can table my phone because I have a Petition electronically. It is an official letter from the Deputy Governor of Siaya, Dr. William Oduol, to the Clerk of the Senate, indicating that he cannot access his office, he does not have utility car and security officers. The Petition has been sent through the Clerk of the Senate of …

[(Laughter)]

Senator for Nandi, in 20 minutes, make a hard copy, then bring it, and table it in hard copy. Next Order. Hon. Senators, at this juncture, you will allow me to re-arrange the sequence of today's Order Paper pursuant to Standing Order No.45 (2) . I am doing this for the convenience of the House. We will proceed immediately with Order No.8. Thereafter, we will move to Orders No.10 and No.11 befo…

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

Sergeant-at-Arms, ring the Division Bell for one minute.

Sen. Mungatana, MGH, Tana River County; Sen. Murgor, West Pokot County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County. NOES: Nil.

Order! Hon. Senators. Sen. (Dr.) Khalwale, please, resume your seat. Hon. Senators, the results of that Division are in and are as follows-

Serjeant-at-Arms, you may now open the doors and draw the Bar. Next Order, Clerk.

Clause 10

Mr. Temporary Chairperson, I beg to move- THAT clause 10 of the Bill be amended by inserting the following new paragraph immediately after paragraph (n) — (na) in collaboration with the Kenya Revenue Authority, established under section 3 of the Kenya Revenue Authority Act, establish a monitoring system for tax compliance under this Act. The Temporary Chairperson (Sen. Mumma) : Division wil…

[(Question of the amendment proposed)]

Mr. Temporary Chairperson, I beg to move - THAT clause 87 of the Bill be amended—

Thank you, Madam Temporary Chairperson. I beg to Move that –

Who are you addressing now, Sen. Kavindu Muthama?

I have called you, Deputy Mr. Speaker, Sir so that I can be heard in silence.

Prosecute your matter.

Madam Temporary Chairperson, pursuant to Standing Order No.153 (1) , I beg to move that the Committee of the Whole do report progress on its consideration of the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) and seek leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

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

Let us report on the progress of the Committee of the Whole on the Gambling Control Bill (National Assembly Bills No.70 of 2023) . Chairperson, proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Gambling Control Bill (National Assembly Bills No.70 of 2023) and seeks leave to sit again tomorrow.

Mover, proceed.

Mr. Deputy Speaker, Sir, I beg to move that the House agrees with the Committee on the said report.

Who is seconding the Motion?

After the incident, the Government took measures to fight terrorism, such as establishing an Anti-Terrorism Unit. I entirely agree with the Committee's recommendation. We have passed the Prevention of Terrorism Act. We already have a Victims' Compensation Fund that should be operationalized to ensure the victims of the bomb blast are compensated. This is the least we can do. They have lost their l…

Sen. Cherarkey, which year was that?

Mr. Deputy Speaker, Sir, it was in the late 1980s. You have been around for some time. I can see my friend Sen. (Dr.) Oburu is nodding. He must be aware of this attack. The attack was carried out in Lockerbie, Scotland and many USA citizens lost their lives. The Libyan Government paid over USD1.5 billion to the USA to compensate their citizens. We are requesting that these victims and their famil…

Let us go to the next Bill, the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) . The Chairperson, proceed to report progress.

Thank you. Proceed, Sen. (Dr.) Oburu.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity. I will start by thanking Sen. Kavindu Muthama and the Select Committee, which went through this matter. This is a matter, which is affecting so many Kenyans. In 1998 when Sen. Cherarkey might have been in secondary or primary school, I was already serving my second term in this House.

[(Applause)]

from Nairobi and they asked me whether I was aware of what had happened in Nairobi. I said I had no idea. I was told that there was a bomb blast that had happened in Nairobi, many people had died and that the American Embassy was blown, the Cooperative Building, which we used to call the Belly Bottom Building had shaken and there were many buildings around which also had problems, including the he…

Yes.

I beg to second.

Thank you. Hon. Senators, we now go back to the Order on Statements. We have several statements--- Before we get to that, there is something Sen. Cherarkey must dispense off before he sits in this Chamber.

[(Question proposed)]

[(Question put and agreed to)]

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

through. Some people came in crutches. They are walking in crutches up to today, without having been compensated for all those years. I know our President is going to travel to USA next week. I urge him, on behalf of this House, to tell the Americans that we are not collateral damage. We are human beings like the Americans who were working for that Government. The contractors who were working for…

Sen. Chute, if I understood the Mover of this Motion, the USA is very ready to compensate. However, your line of argument is that they are the impeding. I want you not to lose focus with the Mover because she is already negotiating with the Americans, so that they do not get your statement that they are the ones impeding the compensation. Sen. Chute Thank you, Mr. Deputy Speaker, Sir. We are not …

The matter that my friend, Kosgei is trying to substantiate is already before the Committee of Devolution. It is being investigated. Is it in order for a Senator to raise issues and even substantiate what another committee of Parliament is already discussing and use the same documents before that committee to pretend to be substantiating before those matters are thoroughly investigated?

Let me guide you, Sen. Cherarkey. It is the prerogative of the Speaker to check and investigate those documents before being tabled. You do not need to explain anything---

Mr. Deputy Speaker, Sir---

Just table the document that you have.

[(Loud consultations)]

I have not even spoken. What is out of order?

be sympathetic of us. However, the risk of being ignored is very high if we go and show that actually, we have done nothing as a nation. We need to ask these various Ministries to do what they are supposed to do, so that we do not embarrass ourselves even as we ask the USA to do its part. With those remarks, I beg to support. Thank you.

Sen. Munyi Mundigi, proceed.

Asante Bw. Naibu Spika. Naunga mkono Kamati ya Sen. Kavindu. Mimi ni mmoja wa hiyo Kamati. Tulikuwa watu tisa. Mambo ya ajabu ni kuwa, kama Kamati, tumekutana na Mawaziri wa Labor and Social Protection, Health, Interior and National Administration na hata pia, Mhe. Musalia Mudavadi. Tumetembea hadi mashinani kama vile Machakos na kona zingine. Ni jambo la kuhuzunisha sana kwa sababu ni miaka 25 …

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

What is it again Sen. (Dr.) Oburu?

Sen. Kavindu Muthama, you can reply.

Are you referring to Sen. Cherarkey?

done. It is not in my position. Therefore, I am asking the President and the Cabinet Secretary for Diaspora and Foreign Affairs to do what is needful. These are our people who sleep hungry and go without medication. I am requesting that what can be done locally be done. We also have the fund that was formed here in 2012 under the Ministry of Interior and Coordination of National Government. I ask…

[(Applause)]

Sen. Cherarkey, you know you should use the best language possible when referring to your colleague. You would not be happy to be told you are the PA to Governor Sang.

Mr. Deputy Speaker, Sir, you know I have tremendous respect for Sen. (Dr.) Oburu. I know he is the substantive Senator of Siaya. My point has been made, but I profusely withdraw and apologise to him. I ask him to stick to the mandate of oversight and not about protecting Governor Orengo.

Thank you, Madam Temporary Speaker. I beg to move that the Statutory Instruments (Amendment) Bill, (National Assembly Bill No.2 of 2023) be now read a second time. This is a very important piece of legislation. Brief as it is, it carries with it very important powers of Parliament which have been assumed by other bodies. Madam Temporary Speaker, on many occasions, I have seen either the Cabinet …

Sen. Sigei?

I thank you, Madam Temporary Speaker, for giving me the opportunity to second this important Bill that the Senate Majority Leader has moved. As I do that, it is imperative to point out that this Bill is an umbrella to statutory legislations, or rather regulations, which are normally made by either institution and sometimes fail to place them before Parliament for scrutiny. The amendments to the Bi…

seeks to amend Section 11 of the Statutory Instruments Act, is giving timelines within which such instruments that have been published by either agencies or Government institutions are to be placed before Parliament. Parliament is thereafter expected to publish them within seven days after the committee has resolved that it has been placed before the House. Why is this timeline very critical? Pre…

The other Statements by Sen. Veronica Maina, Beatrice Ogola, Sen. Karen Nyamu and Sen. Chrystal Asige are deferred.

Thank you, Madam Temporary Speaker. I beg to move that the Statutory Instruments (Amendment) Bill, (National Assembly Bill No.2 of 2023) be now read a second time. This is a very important piece of legislation. Brief as it is, it carries with it very important powers of Parliament which have been assumed by other bodies. Madam Temporary Speaker, on many occasions, I have seen either the Cabinet …

Bill will ensure that nobody exploits the mischief of trying to implement regulations that are null and void, which is the case. Clause 2 of the Bill more specifically, will be amending Section 11 of the 2013 Act and determines that our Delegated Legislative Committee will require the regulation making authority to submit an instrument to Parliament within seven days of the date of the resolution…

Sen. Sigei?

I thank you, Madam Temporary Speaker, for giving me the opportunity to second this important Bill that the Senate Majority Leader has moved. As I do that, it is imperative to point out that this Bill is an umbrella to statutory legislations, or rather regulations, which are normally made by either institution and sometimes fail to place them before Parliament for scrutiny. The amendments to the Bi…

seeks to amend Section 11 of the Statutory Instruments Act, is giving timelines within which such instruments that have been published by either agencies or Government institutions are to be placed before Parliament. Parliament is thereafter expected to publish them within seven days after the committee has resolved that it has been placed before the House. Why is this timeline very critical? Pre…

Kshs20,000 to not less than Kshs500,000 and also a period of three years in prison if a person or an institution that has authority has failed to do so. This is done is to make sure that people or persons in authority do not enhance the norm that we know accounting officers have of just failing to comply with the law because there is no punitive measure. Enhancing this fine from Kshs20,000 to Kshs…

Thank you, Sen. Wakili Sigei.

[(Question proposed)]

I now open the Floor for contributions from the Senators. Sen. Mungatana, you have the Floor.

Thank you, Madam Temporary Speaker, for allowing me to make my contribution to this Bill. I support the amendment. I say so because I come from the Committee on Delegated Legislation of the Senate, and in fact, I have the responsibility thereof being the Vice-Chairperson. This amendment is a reminder of the regulations making agencies. These include Cabinet Secretaries, corporations such as the …

the Republic of Kenya, and that is what the Constitution says. I strongly support this amendment because it is telling them that these powers belong to the Senate and they must do according to the donated powers. They should not try to extend powers that you do not have. As I conclude, I want to make two quick points. First, regulations making agencies are the Cabinet Secretaries and the statutor…

Thank you, Sen. Mungatana. Those were the Senators who wished to contribute to this Bill. I invite the Senate Majority Leader to reply.

Thank you, Madam Temporary Speaker. I beg to reply. I thank my colleagues who have taken the time to speak on this important Bill. Making their contribution and thoughts on something that I said, though brief, is extremely important to the existence of Parliament as an institution. We take this for granted on many occasions, but it has grave implications if ignored. Sen. Mungatana, I thank you f…

Thank you, hon. Senator. Putting of the question is deferred to another date as will be scheduled by the Senate Business Committee (SBC) . I will further direct that the Order Paper be rearranged so that we call out Order No.18.

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

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

The Senate Majority Leader, proceed.

Thank you, Madam Temporary Speaker. I beg to move that The Meteorology Bill (Senate Bill No.45 of 2023) be now read a Second Time. The Meteorology Bill was published in the Kenya Gazette Supplement No.172 of

Thank you, Majority Leader. Proceed, Sen. Mungatana.

Thank you, Madam Temporary Speaker. I rise to second this very important Bill that is before the Senate today. Recently the President addressed this nation on cyclone Hidaya that was hitting us at the coast. We were all very worried and all efforts were put to make sure our beloved pastime at the beach was stopped. The marine officials and the security agencies prohibited movement within the beac…

Sen. Mungatana, you will have a balance of 18 minutes to conclude seconding the Motion when we resume the next sitting, which is tomorrow.