Senate · Afternoon Sitting

Wednesday, 16 July 2025

Session Summary

Senators called for an independent National Treasury to prevent political interference in fund allocation and criticised the recent re‑routing of the Rironi‑Malaba dual carriageway, alleging regional bias. The debate also highlighted chronic implementation failures of the Equalisation Fund, noting delays, legal challenges and limited disbursement to targeted areas. Proposals were made to complete the trans‑East African road network to boost trade and create jobs, while urging better governance of devolved resources. Senators debated the Equalisation Fund, with Sen. Faki urging that all 47 counties receive allocations and warning that political earmarking leaves many areas underserved, while Sen. Cheruiyot criticised the current marginalisation policy and called for a more granular, sub‑location‑based approach. The discussion highlighted frustrations over inadequate auditing, inter‑governmental conflicts, and the need for clearer implementation of Article 204 and CRA guidelines. Senators debated the Equalisation Fund, highlighting chronic mismanagement, lack of impact on marginalised regions, and the need for transparent procurement and targeted policies. While some members supported the Bill and urged investment in infrastructure such as dams, others condemned ongoing inequities and called for urgent action on insecurity in Isiolo, including the removal of the County Commissioner.

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The Speaker (Hon. Kingi)

Hon. Senators, take your seats. We now have quorum. Clerk, kindly call the first Order.

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Sen. Wamatinga

Thank you very much, Mr. Speaker, Sir, for giving me this opportunity on behalf of my colleague, Senator for Kirinyaga, Sen. (Dr.) Murang’o, who is on the way here, to welcome the students from Kirinyaga County. I take this opportunity to tell them that it is, indeed, a very good opportunity to learn what we do in the Senate. As they go back home, I encourage them to work hard in school, to be ob…

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Sen. Wamatinga

Moving forward, we know that Kirinyaga County is one of the top performers academically. I take this opportunity to welcome them and wish them all the best as they learn the procedures of the ‘upper’ House. As Senator from Nyeri, I look forward to seeing you later as I join your Senator in welcoming you to this House. Karibuni sana.

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The Speaker (Hon. Kingi)

Next Order.

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Sen. Cheruiyot

Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, Wednesday 16th July 2025-

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Sen. Wakili Sigei

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, 16th July 2025- Report of the Mediation Committee on the Gambling Control Bill, National Assembly Bill No.70 of 2023, on behalf of the Vice-Chairperson of the Mediation Committee, Sen. Alan Chesang. Mr. Speaker, Sir. I beg to lay.

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

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Next Order. Proceed, Chairperson, Select Committee on Delegated Legislation.

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Sen. Gataya Mo Fire

Thank you, Mr. Speaker, Sir. I beg to move the following Motion-

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Sen. Gataya Mo Fire

THAT AWARE THAT, the Environmental Management and Co-ordination (Strategic and Integrated Environmental Assessment and Environmental Audits) (No.2) Regulations, 2025, Legal Notice No.71 of 2025 were tabled in the Senate on Wednesday, 9th April, 2025 and referred to the Select Committee on Delegated Legislation for consideration pursuant to Section 12(1) of the Statutory Instruments Act; COGNIZANT…

[(Loud Consultations)]

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The Speaker (Hon. Kingi)

Sen. Methu, please take your seat.

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Sen. Gataya Mo Fire

Thank you, Mr. Speaker, Sir, for protecting me. AWARE THAT Section 15 (3) of the Statutory Instruments Act provides that by a resolution, Parliament may extend the time for consideration of a Statutory Instrument by a period not exceeding 21 calendar days; NOTING that the Committee is in receipt of concerns by the public on the imposition of exorbitant fees, unjustified and punitive fee increment…

[(Strategic and Integrated Environmental Assessment and Environmental Audits)]

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Sen. Mungatana, MGH

Mr. Speaker, Sir, this is a very straightforward Motion that requires extension of time, so that we can consider a Memorandum that was brought by the Institute of Environmentalists. This Memorandum raises substantive issues about the charges that have been proposed in this new regulation. The contention by the citizens is that those charges are exorbitant. When we were supposed to have considered…

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Sen. Mungatana, MGH

In seconding this Motion, I ask fellow Senators to support it as a procedural Motion. Allow us to do the work, on your behalf, for the benefit of the citizens who have raised concerns and the country in general. I beg to second. Thank you, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

Hon. Senators, I will now propose the question. Hon. Senators, the Floor is open for debate. However, this being a procedural Motion, the Committee is merely seeking an extension of time for them to complete their work. With your concurrence, I will straightaway put the question and voting is by voice. Do I have your concurrence?

[(Question proposed)]

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Hon. Senators

Yes!

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The Speaker (Hon. Kingi)

Thank you, I will proceed to put the question. Hon. Senators, pursuant to Standing Order No.45 (2) , allow me to reorganise the sequence of today's Order Paper. We will proceed to Order No.17 and thereafter, proceed to Order No.18. Once we are done with those two Orders, we will resume normal flow as contained in today's Order Paper. Clerk, you may proceed to call the Order.

[(Question put and agreed to)]

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Sen. Nyamu

Thank you very much, Madam Temporary Speaker. I would like to give a Notice of Motion on Installation of CCTV Cameras in all Police Stations, Cells and Police Reporting Desks. AWARE THAT Article 51 of the Constitution provides that a person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that…

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Sen. Nyamu

COGNIZANT THAT the Bill of Rights provides for protection of human rights, prevention of abuse and upholding of the rule of law within detention facilities and police stations; CONCERNED THAT there has been increasing reports of human rights violations, abuse, unexplained injuries, and deaths in custody, as well as security breaches and escapes from police cells across the country; FURTHER CONCE…

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The Temporary Speaker (Sen. Mumma)

Hon. Senators, I have a Communication to make on visiting teachers and students from Meteitei Secondary School in Nandi County. Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon of visiting teachers and students from Meteitei Secondary School in Nandi County. The delegation comprises eight teachers and 156 students who are in the Senate for a one-day aca…

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Sen. Cherarkey

Thank you, Madam Temporary Speaker. I join you and other colleagues in welcoming Meteitei High School in Tinderet Constituency in Nandi County. I know they have been privileged to have watched a Notice of Motion by Sen.

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Sen. Cherarkey

Karen Nyamu and, of course, the reply to the Bill by Sen. Boni Khalwale who is, coincidentally, a neighbour to Nandi County. Meteitei High School is one of the best schools. After what yours truly went to Kapsabet Boys High School, which is one of the topmost. We are proud of the boys. I know we are doing a lot in that school in terms of infrastructure. I hope they grow to be brave and men of cou…

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The Temporary Speaker (Sen. Mumma)

Hon. Senators, as per the earlier ruling by the Speaker, we now move on to Order No.18.

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The Temporary Speaker (Sen. Mumma)

Who is doing it for Majority Leader? Committee on Finance and Budget, please proceed.

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Sen. (Dr.) Khalwale

Madam Temporary Speaker, I rise to move the Bill at Order No.18, the County Governments Additional Allocations Bill, 2025. Since sometimes members of the public follow these proceedings, it is good for us to clarify to them what we mean by the County Governments Additional Allocation Bill. This is a Bill that provides for additional allocation of money to county governments. This money comes in tw…

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Sen. (Dr.) Khalwale

Having said that, I would like to also clarify that additional allocations are strictly processed by my Committee, the Committee on Finance and Budget, congruent to your recommendations in this House, you debated and passed the Budget Policy Statement (BPO). These additional funds are specifically provided for in the Constitution; Article 202(2), Additional allocations are required for transfer of…

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The Temporary Speaker (Sen. Mumma)

Order, Sen. Nyamu. You should walk out and speak from there. You should not speak on your mobile phone loudly while the session is going on.

[(Sen. Nyamu walked out of the Chamber)]

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Sen. (Dr.) Khalwale

Madam Temporary Speaker, I need to be very clear on the issue of incentives. There are governors who steal and those who do not manage funds well. They will lose on the following monies because this law will reward good manners

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Sen. (Dr.) Khalwale

and performance. To those who will fall short of the glory, Kshs75 million will be due for each county---

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The Temporary Speaker (Sen. Mumma)

Sen. Cherarkey, what is your point of order?

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Sen. Cherarkey

Madam Temporary Speaker, I rise under Standing Order Nos.101 and 105. I have had the benefit of reading this Bill. There is nowhere it talks of rewarding people for having good manners. Is it in order for the good Senator to mislead members of the public who are watching that people will be rewarded for good manners?

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The Temporary Speaker (Sen. Mumma)

Sen. Cherarkey, I do not think the Senator said that the Bill states it will reward people for good manners. I cannot recall that. Proceed, Sen. (Dr.) Khalwale.

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Sen. (Dr.) Khalwale

Thank you, Madam Temporary Speaker. Sen. Cherarkey, the medium of communication in this House is either Kiswahili, English or Kenya Sign Language (KSL) . It is never Kiluhya or Kalenjin. Madam Temporary Speaker, when we chose to speak in English, he should make an effort to understand the specific words used. For clarity, the word that I used is ‘incentivise.’ I never talked about rewarding. As a…

[(Sen. Cherarkey spoke off record)]

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The Temporary Speaker (Sen. Mumma)

Sen. Cherarkey, what is your point of order?

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Sen. Cherarkey

Madam Temporary Speaker, I rise under Standing Order No.101 on Contents of Speech. If Sen. (Dr.) Khalwale wants to discuss my character and ability, he should bring a substantive Statement. I will not allow this to pass. There is a day he said that I went to “Gumbaru” school and that is on the HANSARD. I can even request the Principal Clerk here to give you that clip. This issue of allowing Sen. (…

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The Temporary Speaker (Sen. Mumma)

Sen. (Dr.) Khalwale, for insinuating that the English of Sen. Cherarkey is wanting, could you please withdraw and apologise?

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Sen. (Dr.) Khalwale

Madam Temporary Speaker, I withdraw those remarks and profusely apologise, not only to the Senator, but also the family of Kapsabet High School, led by the teacher who taught him English. However, I do not know whether he got 100 per cent in English. Madam Temporary Speaker, the second recognition will be Kshs75 million for each county government that will have prepared and implemented an action …

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Sen. (Dr.) Khalwale

There are pending bills hanging around in Kisumu, Kakamega and other counties. We will reward governors by Kshs75 million if they make an attempt to maintain the stock of those pending bills at the minimum. There will also be Kshs97.5 million for each county government that will have integrated its human resource records and authorised staff establishment and payroll and uploaded a cleaned payroll…

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Sen. Mungatana, MGH

Madam Temporary Speaker, I take this opportunity to thank the honourable, indefatigable, legend Senator from the great county of Kakamega for ably moving this Bill before this House. This Bill has only 10 clauses. It is one of the most important Bills that defines the duties of this Senate of the Republic of Kenya. Some of the clauses are extremely important and we need to let the people know wha…

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Sen. Mungatana, MGH

are doing? It is important for us to be involved with what is happening on the countryside. Madam Temporary Speaker, I would like to also speak to Clause 10. Clause 10 talks about criminalization of serious or persistent non-compliance by the officers who are obligated to carry out certain duties. When I am talking about this, specifically I am on to the officers in the National Treasury. Nobody …

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The Temporary Speaker (Sen. Mumma)

Hon. Senators, it is now 6.30 p.m, time to adjourn the Senate. Sen. Mungatana, you have a balance of 12 minutes to continue seconding the Bill when we resume. The Senate, therefore, stands adjourned until tomorrow, Thursday, 17th July, 2025, at 2.30 p.m. The Senate rose at 6.30 p.m.