Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Serjeant-at-Arms, I am informed that we do have Quorum now. Kindly stop the Bell. Clerk, proceed to call the first Order, please.

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

[(The Quorum Bell was rung)]

Hon. Senators, I would like to acknowledge the presence in the Speaker's Gallery this afternoon, of a visiting delegation from the County Assembly of Busia. The delegation comprises nine Members and six officers of the Committee on Delegated Legislation who are on a benchmarking visit with their counterparts in the Senate.

I request each Member of the delegation to stand when called out so that they may be acknowledged in the Senate tradition-

Even if you are pinched, you are supposed to stay put.

[(Laughter)]

Mr. Speaker, Sir, thank you for the opportunity to address this August House in welcoming the delegation from Busia County. The honourable Members and their support staff from Busia County Assembly belong to the Committee on Justice and Legal Affairs. They are on a study tour to familiarise themselves with parliamentary processes because they want to ensure that Busia County flies high. They want …

Thank you, Mr. Speaker, Sir. I take this chance to welcome the team from Busia County Assembly. I wish to comfort them that we are partners in the oversight function that the two levels play over county governments. I also give them the convenience that the County Public Finance Laws (Amendment) Bill is finally going to give assemblies the autonomy in running their funds. This has been long await…

Next order, Clerk.

Mr. Speaker, Sir. I have a Petition for protection of the right to life, health, clean environment and other constitutionally protected rights and fundamental freedoms of the residents of Uyombo Village in Matsangoni Ward, Kilifi North Constituency, Kilifi County. WE, the undersigned citizens of the Republic of Kenya and residents of Uyombo Village in Matsangoni Ward, Kilifi South Constituency, K…

programmes with 1,550 ECDE centres, 41 vocational training centres, 538 primary and 86 secondary schools. THAT, Uyombo Village in Matsangoni Ward, Kilifi North Constituency in the north coast region of Kenya has been earmarked to play host to a nuclear reactor by the Nuclear Power and Energy Agency (NUPEA). THAT, NUPEA is a State corporation established under section 54 of the Energy Act of 2019…

African Coastal Forest and home to four endangered mammals and six threatened birds. The Forest also provides sources of livelihood for the neighbouring communities and ecological services for the country. It must be conserved for the people of Kenya. THAT, the area is a home to coral reefs, mangroves, dolphins and whales which attract many tourists, researchers and special interest groups. There…

THAT, NEMA is also legitimising the illegal work of NUPEA by being part of the presentation and defence of the strategic environmental and social assessment (SESA) report. THAT, Kilifi County Government has failed in its mandate to control toxic industries producing toxic waste by either providing suitable infrastructure or if the infrastructure is inadequate, to advise against the commissioning …

Thank you. Pursuant to Standing Order No.238 (1) , this Petition is committed to the Standing Committee on Energy. The said Committee may work jointly with the Standing Committee on Land, Environment and Natural Resources in preparation of a report. In terms of Standing Order No.238 (2) , the Committee is mandated to within 60 calendar days from the date of reading the prayer, which is today, to …

The Chairperson of the Standing Committee on National Security, Defence and Foreign Relations, proceed.

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, Wednesday, 15th November, 2023- The joint report of the consideration of the request for approval by Parliament of the deployment of officers of the National Police Service to the Multinational Security Support (MSS) Mission. Thank you.

[(Sen. Cheptumo laid the document on the Table)]

Next Order.

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

Just hold on, Clerk. Sen. Sifuna, you know very well at what point a Senator ought to rise on a point of order. This does not present that opportunity. Okay. Proceed with your point of clarification.

[(Sen. Sifuna spoke off the microphone)]

Mr. Speaker, Sir, I wanted to request your indulgence that at this Order on Papers Laid, since yesterday I was required to table some papers regarding the debate, can I do it at this particular juncture?

Very well. If you recall, hon. Senators, the hon. Senator of Nairobi City County, Sen. Sifuna, made certain allegations. Through some points of order, he was requested to substantiate. He was unable to substantiate immediately and, therefore, sought time to do so today. I will, therefore, allow the hon. Senator to proceed to substantiate pursuant to Standing Order No.105 (2) .

Thank you, Mr. Speaker, Sir. During the debate yesterday, I made certain assertions on the Floor of the House and requested that you allow me time to table evidence to support the assertions. There were three matters that I was required to substantiate. I am going to substantiate two of those and withdraw one. Mr. Speaker, Sir, the one I am going to withdraw was on the question of whether the Wi-…

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

What is your point of order, Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, it is about procedure. The Senator was proceeding very well, having described the evidence he has, he is supposed to table it. You will peruse through the clerks, and be satisfied if it meets the standard, and then he can speak to it after you have made that clearance. That is the procedure. He is supposed to table without---

Allow him to highlight the contents. After that, he will table it. Of course, I will have the opportunity to peruse through it and thereafter make a ruling as to whether that particular document, indeed, substantiates the allegations made yesterday.

Thank you, Mr. Speaker, Sir. When you peruse, I want you to note page 27, where the CBK has extracts of statement of comprehensive income for commercial banks. I have highlighted for you the loan portfolio vis-a-vis the non- performing loans and the bad loans. You will see that the non-performing loans, as at the end of June 2023, stood at 14.5 per cent. As you are aware, the non-performing loans…

[(Sen. Sifuna laid the documents on the Table)]

Sen. Sifuna, is the fertilizer in question the same fertilizer in that Twitter handle?

Mr. Speaker, Sir, in fact, indeed, that is my point. This is the free fertilizer that we were told has now been subsidized. The point I was making is that you cannot subsidize something you got for free. I have attached photographs and news items of the Cabinet Secretary responsible for Agriculture receiving that consignment of free fertilizer. Mr. Speaker, Sir, I wish to table the documents.

[(Sen. Sifuna laid the documents on the Table)]

[(Applause)]

Clerk, get seized of these documents. We will look at their authenticity. I will make a ruling as to whether they can be used to substantiate your claim.

Mr. Speaker, Sir, I believe in your wisdom. However, as you are perusing those documents, the evidence that is being tabled there, should be

clear that same consignment moved from where the Minister of Agriculture received it, went to distribution areas, and it is the same fertilizer that has been given to the people of Kenya as subsidized fertilizer. There is responsibility here. Let us stop politicking with things that deal with food and the lives of our people. I thank you, Mr. Speaker, Sir.

I will peruse these documents. Sen. Sifuna knows the consequences of his actions. Upon perusal of these documents, if indeed they do not substantiate the claim as made yesterday, then the consequences will naturally flow. Thank you. Next Order.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern regarding the recent release of Kenya’s first ever Time Use Survey Report. This development is pivotal in the pursuit of gender equality and the acknowledgment of women's contributions to our national economy. The survey provides us with valuable data that highlights…

On a point of order Mr. Speaker, Sir.

What is the point of order, Sen. (Dr.) Khalwale?

Thank you, Mr. Speaker, Sir. The distinguished Senator is obviously speaking to an opinion poll. In this country, opinion polling is covered by a statute. Before she makes us consume that survey, could she tell us who the opinion polling agent is and whether the survey they have taken was in accordance with the law?

I say this with the maximum respect to my colleague. Unfortunately, people are even doing opinion polls on their phones.

So, what are you requesting?

I am requesting the Member to tell us who the opinion polling company is.

Just get me right. Under what Standing Order are you basing your point of order?

Thank you. Mr. Speaker, Sir, Standing Order No.105.

Okay, proceed.

Thank you, Mr. Speaker, Sir, I have made my point. The accuracy of the information she is about to table. I have nothing personal against the Senator, but we want to be sure that we are not consuming what they say in computer colors, garbage in, garbage out.

Sen. Kibwana, what is the accuracy of this Statement you are making pursuant to Standing Order No.52 (1) ?

Mr. Speaker, Sir, I request my colleague, Sen. (Dr.) Khalwale, to give me time. He has not even understood the gist of the Statement. I had not even started yet. I do not see why he is getting jittery on this one and yet I had not even started. Kindly give me time. I will disclose the opinion---

Are you saying that the response as to the accuracy of your Statement is in the body of your Statement?

Yes, Mr. Speaker, Sir.

Okay, proceed.

Thank you, Mr. Speaker, Sir. The findings are both enlightening and concerning. The report reveals that, on average, women in Kenya spend approximately five times more time than men on unpaid domestic and care work. This not only perpetuates gender inequalities, but also impedes women’s empowerment, hindering their ability to engage in productive activities and public life. The invaluable partner…

This oversight has broader implications, including the perpetuation of the feminization of poverty and a hindrance to the full realization of women’s potential in economic and social development. To address these challenges and pave the way for a more equitable future, it is imperative that we not only recognize the disproportionate burden placed on women, but also take concrete steps towards pol…

Statements pursuant to Standing Order No.53 (1) . Sen Kibwana.

Thank you Mr. Speaker, Sir. I will proceed with my second Statement on the establishment of mental health unit desks in all institutions in Kenya. Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) , to request for a Statement from the Standing Committee on Health on the establishment of mental health unit desks in all institutions in Kenya. In the Statement, the Committee should-

Senator for Kisumu, Prof. Tom Ojienda.

Thank you, Mr. Speaker, Sir. I have got three Statements. The first Statement is on the provision of agricultural extension services in Kisumu County. Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the provision of agricultural extension services in Kisumu County. In the Statement, t…

Statements pursuant to Standing Order No. 56 (1) (aa) . The Chairperson Standing Committee on Roads, Transport and Housing.

Thank you, Mr. Speaker Sir, I am not the Chairperson of the Standing Committee on Roads and Transportation, but I am a Member of that Committee. So, I am reading on behalf of the Chairman. Mr. Speaker, Sir, Standing Order No.56 (1) (aa) provides that a Chairperson of a Committee may make a Statement relating to a matter for which the Committee is responsible. Mr. Speaker Sir, Pursuant to Standin…

Clerk, next Order.