Senate · Morning Sitting

Wednesday, 16 July 2025

Session Summary

The Cabinet Secretary for Roads and Transport outlined the government's priority to decongest Nairobi by dualling the Bomas‑Kiserian road and expanding the commuter rail and Bus Rapid Transit networks. He emphasized ongoing works, the need for integrated transport planning, and referenced a UK study to inform the development, responding to Senator Sifuna's inquiries. Senators focused on a recent fatal accident at Nyansiongo Market, urging the Cabinet Secretary for Roads and Transport to expedite safety measures such as speed‑reducing bumps and climbing lanes, while also discussing broader ITS and digital licensing initiatives. Procedural disputes arose over speaking order and the relevance of questions, and the minister sought clarification on environmental certification requirements for road works. The debate combined urgent safety concerns with procedural tension and technical clarifications. The Senate considered a motion to extend the deliberation period for the 2025 Environmental Management and Coordination Regulations after public complaints about high and punitive fees. The Cabinet Secretary for Water, Sanitation and Irrigation briefed senators on the Wikithuki Irrigation Scheme, outlining challenges such as power costs, wildlife conflict, and a Ksh 400 million solarisation proposal, while senators questioned the ministry’s budget capacity to fund the project. The debate combined procedural motions with substantive scrutiny of environmental and irrigation initiatives.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes? Hon. Senators, we do have quorum. So, we will--- Order, Sen. Nyutu. Clerk, you may proceed to call the first Order. Sen. Mundigi, be orderly. Proceed, Chairperson, Select Committee on Delegated Legislation.

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

[(The Quorum Bell was rung)]

[(Sen. Nyutu consulted loudly)]

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Sen. Mungatana, MGH

Thank you, Mr. Speaker, Sir. I beg to give notice of the following Motion- THAT AWARE THAT, the Environmental Management and Co- ordination (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; COGN…

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

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

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir. I would like to wish the teachers and their students from Machakos County a warm welcome to the Senate and tell them that they are in the right place. They are now watching and learning how we deliberate the issues in this Chamber. I am sure that when they put great effort in their studies, some of them may end up in this Senate and others in various places. May God b…

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Sen. Kavindu Muthama

Clerk, kindly usher in the hon. Cabinet Secretary in charge of Roads and Transport. Welcome, hon. Cabinet Secretary. You have nine questions to respond to this morning. Therefore, this is my guidance as far as time management is concerned. We will spend not more than 15 minutes per question, so that we cover all the nine Questions before 1.00 p.m. The first question is Question No.69 by the hon.…

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The Speaker (Hon. Kingi)

Clerk, kindly usher in the hon. Cabinet Secretary in charge of Roads and Transport. Welcome, hon. Cabinet Secretary. You have nine questions to respond to this morning. Therefore, this is my guidance as far as time management is concerned. We will spend not more than 15 minutes per question, so that we cover all the nine Questions before 1.00 p.m. The first question is Question No.69 by the hon.…

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Sen. Joe Nyutu

Thank you, Mr. Speaker, Sir. I beg to ask the Cabinet Secretary for Roads and Transport the following Question No.069-

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The Speaker (Hon. Kingi)

Hon. Cabinet Secretary, you are responding to Question No.69 by the Senator for Murang’a County. The Cabinet Secretary for Roads and Transport : Mr. Speaker, Sir, the person who has my papers has been locked outside. Sorry about that, Sen. Joe Nyutu, Senator for Murang’a County. I will go straightaway to the answer on the question on KeNHA and why they use privately-owned vehicles for patrol on…

[(Hon. Davis Chirchir)]

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The Speaker (Hon. Kingi)

Any supplementary questions, hon. Nyutu.

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The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir. I have listened and gone through the response by the Cabinet Secretary. Just to seek clarity from him, it is not clear from the response why KeNHA outsources its road maintenance services. Why would KenNHA officers use privately-owned motor vehicles to patrol? This is not road maintenance? Was there any cost-benefit analysis done before this particular decision was ma…

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Sen. Joe Nyutu

Thank you, Mr. Speaker, Sir. I have listened and gone through the response by the Cabinet Secretary. Just to seek clarity from him, it is not clear from the response why KeNHA outsources its road maintenance services. Why would KenNHA officers use privately-owned motor vehicles to patrol? This is not road maintenance? Was there any cost-benefit analysis done before this particular decision was ma…

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Sen. Joe Nyutu

Proceed, Hon. Cabinet Secretary. The Cabinet Secretary for Roads and Transport : Mr. Speaker, Sir, let me offer some explanation. Concerning periodic-based contracts maintenance, there is clarity that we tender for maintenance of a particular road for a period of one or two years. Therefore, a contractor who wins a tender to maintain that road through a competitive process works like any other pr…

[(Hon. Davis Chirchir)]

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The Speaker (Hon. Kingi)

Proceed, Sen. Maanzo.

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The Speaker (Hon. Kingi)

Cabinet Secretary, does it not have a security bearing and is it not better for you to work in conjunction with the police if you have to utilise private hired vehicles? Is it not a collusion between yourselves and private people, so that they make money from Kenyans?

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Sen. Maanzo

Hon. Cabinet Secretary, you may respond. The Cabinet Secretary for Roads and Transport : Mr. Speaker, Sir and hon. Members, regarding periodic maintenance contracts, I indicated that private contractors are like any contractor. Therefore, you do not expect them to use KeNHA vehicles. Regarding supervision and inspecting the works on various roads, the staff of KeNHA do not in any way come into co…

[(Hon. Davis Chirchir)]

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The Speaker (Hon. Kingi)

Hon. Cabinet Secretary, you may respond. The Cabinet Secretary for Roads and Transport : Mr. Speaker, Sir and hon. Members, regarding periodic maintenance contracts, I indicated that private contractors are like any contractor. Therefore, you do not expect them to use KeNHA vehicles. Regarding supervision and inspecting the works on various roads, the staff of KeNHA do not in any way come into co…

[(Hon. Davis Chirchir)]

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The Speaker (Hon. Kingi)

Hon. Senators, we will now move to Question No.070 by the Senator for Kilifi, who is also the Senate Minority Leader, Sen. Stewart Madzayo. Hon. Senator, you may proceed to ask the Question. Question No.070

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The Speaker (Hon. Kingi)

Hon. Senators, we will now move to Question No.070 by the Senator for Kilifi, who is also the Senate Minority Leader, Sen. Stewart Madzayo. Hon. Senator, you may proceed to ask the Question. Question No.070

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The Speaker (Hon. Kingi)

Hon. Cabinet Secretary, you may proceed to respond. The Cabinet Secretary for Roads and Transport : Thank you, Mr. Speaker, Sir, and thank you, Sen. Madzayo. Let me straightaway go to the answer. I beg to respond as follows- The Mombasa-Mtwapa-Kilifi Road Project is divided into two lots with different completion dates. Lot One is Mombasa-Mtwapa up to the bridge currently being constructed at Mt…

[(Hon. Davis Chirchir)]

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The Speaker (Hon. Kingi)

Hon. Madzayo, if you have any supplementary questions, you may proceed to ask. Sen. Madzayo, do you have any supplementary question to ask? The Senate Minority Leader (Sen. Madzayo) : I have not organised myself.

[(Sen. Madzayo spoke off record)]

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The Speaker (Hon. Kingi)

Organise yourself as I give an opportunity to your colleagues. We will come back to you. Proceed, Sen. Faki.

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Sen. Madzayo) :

Asante Bw. Spika kwa kunipa fursa hii. Kumekuwa na msongamano sana kutoka Kengelani mpaka Mtwapa kwa sababu ya ujenzi wa barabara ya Mombasa- Malindi. Kwa hivyo, magari mengi hutumia barabara ya Links Road iliyo Nyali ili waweze kutokea Bamburi-Nyali Centre wanapoelekea Kilifi na Malindi. Katika maeneo ya Quickmart, barabara hiyo imekuwa donda sugu kwa wakaazi wa Mombasa na Kilifi. Kukinyesha, ma…

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, the Cabinet Secretary (CS) has talked about Public Private Partnership (PPPs) in relation to construction of bridges. What are his statistical successes? Are foreign partners or private partners willing to partner with them? What are the statistics of successful PPPs in his Ministry, especially in relation to the bridges?

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Sen. Faki

Hon. CS, you may respond. The Cabinet Secretary for Roads and Transport : Mr. Speaker, Sir, I beg to answer Sen. Faki's question in English ndio nisichanganye sana. The congestion that is experienced around QuickMart and Bamburi area was exacerbated by the fact that we were unable to call the shots on the contractors because we owe them so much money. We have paid them and are now calling the sh…

[(Hon. Davis Chirchir)]

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Sen. Maanzo

Airport, Mombasa, they will not get into darkness that has been experienced due to long, delayed construction. Sen. Manzo has raised a question on the success of PPP projects on bridges. My response is that there will be PPP programmes that can work in areas where there is significant traffic. The drivers of success of PPP with respect to investors are the traffic. It is easy to get a project whi…

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The Speaker (Hon. Kingi)

Airport, Mombasa, they will not get into darkness that has been experienced due to long, delayed construction. Sen. Manzo has raised a question on the success of PPP projects on bridges. My response is that there will be PPP programmes that can work in areas where there is significant traffic. The drivers of success of PPP with respect to investors are the traffic. It is easy to get a project whi…

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Sen. Madzayo. The Senate Minority Leader (Sen. Madzayo)

On a point of order.

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Sen. Madzayo. The Senate Minority Leader (Sen. Madzayo)

With respect to the service roads, sometimes as a developing economy, it becomes very difficult to buy land from land users and possibly demolish houses, which have been built very close to the road to build a service road. So it is a case of economics. Do we compensate to build temporary roads while we are building the roads? Where there is a corridor, yes. Where there is no corridor, it becomes …

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Sen. Faki

On a point of order.

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The Speaker (Hon. Kingi)

talking about the Mtwapa-Kilifi Road. This is the Nyali Bypass to Mtwapa-Kilifi Road or Mombasa Road. I know the exact location. In my last visit to Mombasa, this was number one agenda with the Governor, where on either side of this road, where there is a kind of depression, there are developments on both sides. There is a hospital on one side, they have built a wall and there is no way to drain …

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Sen. Faki

We now move to Question No.85 by the Senator for Kilifi. You may proceed to ask the Question. Sen. Madzayo, Question No.85 is yours. The Senate Minority Leader (Sen. Madzayo) : Yes, that is right.

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Sen. Faki

talking about the Mtwapa-Kilifi Road. This is the Nyali Bypass to Mtwapa-Kilifi Road or Mombasa Road. I know the exact location. In my last visit to Mombasa, this was number one agenda with the Governor, where on either side of this road, where there is a kind of depression, there are developments on both sides. There is a hospital on one side, they have built a wall and there is no way to drain …

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The Speaker (Hon Kingi)

We now move to Question No.85 by the Senator for Kilifi. You may proceed to ask the Question. Sen. Madzayo, Question No.85 is yours. The Senate Minority Leader (

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Sen. Madzayo) :

Hon. Cabinet Secretary, you may proceed to respond. The Cabinet Secretary for Roads and Transport : Thank you, Hon. Speaker. Thank you, Sen. Madzayo. Again, because the question was filed in English, I responded in English. I hope we have the printed response for Hon. Members. Hon. Speaker, I am pleased to appraise this House on information sought regarding the status of compensation framework f…

[(Hon. Davis Chirchir)]

[(Control of Obstruction)]

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The Speaker (Hon Kingi)

are currently under review by the NLC. The Authority is further undertaking design and land requirement assessment for Malindi Phase II expansion project to allow a runway expansion from 1.4 kilometres to 2.4 kilometres. This followed the setting aside of injunction imposed on Phase II acquisition project vide a ruling delivered by the Tribunal on 10th February, 2025. The land acquisition process …

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Sen. Madzayo) :

Sen. Madzayo, do you have any supplementary questions? The Senate Minority Leader (Sen. Madzayo) : Bw. Waziri, uwanja huu wa ndege wa Malindi ni wa zamani sana. Ulikuwapo zamani kabla Kisumu Airport haijajengwa. Natumai hata wewe umejionea wakati unatembea Malindi kwa likizo ama mapumziko. Kitu cha kushangaza ni kwamba mpaka saa hivi, hata kama kiwanja kina itwa Malindi International Aiport, kiwa…

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The Speaker (Hon Kingi)

Asante, Bw. Spika.

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The Speaker (Hon. Kingi)

Hon. Cabinet Secretary, you may proceed to respond. The Cabinet Secretary for Roads and Transport : Thank you, Hon. Speaker. Thank you, Sen. Madzayo. Again, because the question was filed in English, I responded in English. I hope we have the printed response for Hon. Members. Hon. Speaker, I am pleased to appraise this House on information sought regarding the status of compensation framework f…

[(Hon. Davis Chirchir)]

[(Control of Obstruction)]

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The Speaker (Hon. Kingi)

We shall now move to question No.3. We have spent 22 minutes on this Question, and we had allocated only 15 minutes. We have six more questions to go. Proceed, Sen. Sifuna so that we ---

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The Speaker (Hon. Kingi)

I think hon. Chair ---

[(Sen. Cherarkey spoke off record)]

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Sen. Madzayo) :

Let us proceed. Proceed, Sen. Sifuna.

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The Speaker (Hon. Kingi)

Senator for Nandi, please take your seat. You are scheduled. I will call you. Sen. Sifuna: Mr. Speaker, Sir, thank you. I think Members have forgotten that there was an advisory that priority would be given to the Senators who asked questions, and then we will hand over the CS for supplementary questions, if I am not wrong. Hon. Speaker, my Question is No.93. Question No.93

[(Sen. Cherarkey spoke off record)]

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The Speaker (Hon. Kingi)

Hon. Cabinet Secretary. The Cabinet Secretary for Roads and Transport : Mr. Speaker, Sir, in my supplementary answer I had touched on the supplementary question asked by Sen. Madzayo. I confirm and agree that what Sen. Madzayo has raised is true. This is an important and critical airport for the kind of tourist destination that we are talking about of Malindi in Kilifi County. Therefore, it is o…

[(Hon. Davis Chirchir)]

[[The Speaker (Hon. Kingi) left the Chair]]

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The Speaker (Hon. Kingi)

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

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The Speaker (Hon. Kingi)

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Sen. Sifuna

I think hon. Chair ---

[(Sen. Cherarkey spoke off record)]

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The Speaker (Hon. Kingi)

Let us proceed. Proceed, Sen. Sifuna.

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Sen. Sifuna

Thank you, Hon. Chair.

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The Speaker (Hon. Kingi)

Senator for Nandi, please take your seat. (

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Sen. Cherarkey spoke off record) You are scheduled. I will call you. Sen. Sifuna:

The Cabinet Secretary for Roads and Transport (Hon. Davis Chirchir): Madam Temporary Speaker, first of all, I thank Sen. Sifuna for the compliments, which I do not take for granted. I am even going to work harder. I will now get down to the optimal. When you are dealing with a commuter rail, you can optimize because it is about the number of attachments which can be pulled by the engine. Therefor…

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Sen. Kavindu Muthama

Madam Temporary Speaker, I beg to ask the Cabinet Secretary for Roads and Transport the following Question-

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The Temporary Speaker (Sen. Veronica Maina)

Hon. CS, you may proceed to respond to that question. The Cabinet Secretary for Roads and Transport : Thank you, Madam Temporary Speaker. I will straightaway go to the first question.

[(Hon. Davis Chirchir)]

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The Temporary Speaker (Sen. Veronica Maina)

Question No.092

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Sen. Kavindu Muthama

Yes, Madam Temporary Speaker. Thank you. Sorry, my voice is disappearing, but I will strain. Bwana CS in 2016, we lost five people in Kathini. They drowned and their families have not been compensated to date. When people in that place want to go to Masinga, which is their local town, they have to go through three counties. They go through Murang’a, Kiambu, come back to Machakos then go to Thika i…

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Sen. Kavindu Muthama

Actually, I will not ask any other question. I am satisfied. If I have any other question, I will get back to them again.

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Cherarkey will proceed with Question No.73. Always be patient because your turn will still come.

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Sen. Kavindu Muthama

Madam Temporary Speaker, we must also stick to Standing Order No.45, so that we do not get stuck.

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The Temporary Speaker (Sen. Veronica Maina)

Just proceed to the Question.

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Sen. Kavindu Muthama

I beg to ask the Cabinet Secretary for Roads and Transport Question Nos.073, and 074 concurrently, since they are short. Question No.073

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Kavindu Muthama, you need to abide when the Speaker calls you to respond. Sen. Kavindu Muthama, you are getting out of order. Resume your seat. Hon. CS, proceed. The Cabinet Secretary for Roads and Transport : Hon. Madam Temporary Speaker, I think Sen. Kavindu Muthama was just stressing the importance of getting these two crossings to be built. I undertook to pursue the two bridges. In fact…

[(Sen. Kavindu Muthama spoke off record)]

[(Hon. Davis Chirchir)]

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The Temporary Speaker (Sen. Veronica Maina)

Have you added an additional one? The Cabinet Secretary for Roads and Transport : No, it was in the Questions. Allow me to answer, though the Senator did not speak to it. Although you did not mention it, it is in the written question. Let me answer as follows- The Kenya National Highway Authority (KeNHA) has completed the design of the 55-kilometre Moiben Junction towards the Iten side. We will…

[(Hon. Davis Chirchir)]

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The Temporary Speaker (Sen. Veronica Maina)

With respect to the maintenance of the Eldoret-Chebarbar, Chebarbar- Kapsabet- Nandi Hills and Kapsabet-Chepsonoi and periodic maintenance contract for Chavakali- Chepsonoi roads, which was also in the question, that is ongoing. The works under those contracts are expected to commence shortly because they had to re-tender because there was a small challenge. The design of the 55-kilometre Moiben J…

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Sen. Kavindu Muthama

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Sen. Kavindu Muthama

Actually, I will not ask any other question. I am satisfied. If I have any other question, I will get back to them again.

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Cherarkey will proceed with Question No.73. Always be patient because your turn will still come.

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Sen. Cherarkey

Madam Temporary Speaker, we must also stick to Standing Order No.45, so that we do not get stuck.

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The Temporary Speaker (Sen. Veronica Maina)

Just proceed to the Question.

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Sen. Cherarkey

I beg to ask the Cabinet Secretary for Roads and Transport Question Nos.073, and 074 concurrently, since they are short. Question No.073

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The Temporary Speaker (Sen. Veronica Maina)

I will allow Sen. Joyce and Sen. Boni Khalwale to ask supplementary questions on that. Sen. Joyce, you have the Floor.

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The Temporary Speaker (Sen. Veronica Maina)

With respect to the maintenance of the Eldoret-Chebarbar, Chebarbar- Kapsabet- Nandi Hills and Kapsabet-Chepsonoi and periodic maintenance contract for Chavakali- Chepsonoi roads, which was also in the question, that is ongoing. The works under those contracts are expected to commence shortly because they had to re-tender because there was a small challenge. The design of the 55-kilometre Moiben J…

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Mo Fire, you are bordering on being out of order now. You cannot make your phone call within the Senate when the Cabinet Secretary is responding. The Cabinet Secretary for Roads and Transport : I thought it was a supplementary question. Sorry.

[(Hon. Davis Chirchir)]

[(Laughter)]

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, Cabinet Secretary. Sen. Boni Khalwale, proceed.

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The Temporary Speaker (Sen. Veronica Maina)

Madam Temporary Speaker, on Question No.74, dualling Rironi all the way up to Malaba, when the Cabinet first announced, you told the country that is exactly the project you are going to do, but now, in the House, you have shifted goalposts. You are saying you will stop at Mau Summit so as to allow you to now go to Maai Mahiu and hopefully Narok. Are you doing this, Cabinet Secretary, so as to once…

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Sen. Cherarkey

Hon. CS, please proceed. The Cabinet Secretary for Roads and Transport : I think the concessioning of a bridge is subject to an investor being able to get return on investment; as to whether the road can return on the investment at a rate that is attractive to be able to build the road. At the moment, the traffic between Rironi-Nakuru - and I think we have moved all the way to Mau Summit - is wh…

[(Hon. Davis Chirchir)]

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Cherarkey, do you need your roho to pona? Why are you mixing the parliamentary languages? Proceed, Hon. Cabinet Secretary, I hope you understand the two languages. The Cabinet Secretary for Roads and Transport : Hon. Speaker and Members, we have done some work to unlock. For example, the Chemuswa Danger Road has the same contractor and they have started from one side. Do we move the contrac…

[(Hon. Davis Chirchir)]

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, Hon. CS. We will now go to Question No.088. Senator for the Tharaka Nithi County, please proceed. Question No. 088

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The Temporary Speaker (Sen. Veronica Maina)

I will allow Sen. Joyce and Sen. Boni Khalwale to ask supplementary questions on that. Sen. Joyce, you have the Floor.

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Sen. Korir

Thank you very much, Madam Temporary Speaker. I really appreciate the CS for the way he is handling the Ministry, but I still have one question which I know he is privy to. I do not know what the plans the Ministry has concerning a road that is sharing the same problem with what Sen. Cherarkey has said. That is the road from Chebole-Siongorio-Emurua Dikirr-Silibwet- Olenguruone-Chamaner-Kyogong- S…

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Joyce, I think you have breached the rule of giving a supplementary question springing from the principal question. However, I do not know whether those places you have mentioned are connected to the roads that Sen. Cherarkey asked about and whether Honorable CS would be prepared to answer that off from the top of his head without having prepared for it. Honorable CS, are you able to respond…

[(An hon Senator spoke off record)]

[(Hon. Davis Chirchir)]

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The Temporary Speaker (Sen. Veronica Maina)

Madam Temporary Speaker, I heard the Cabinet Secretary mention a formula which has all through proved to be discriminative. When you go to Tharaka Nithi, you will find many stalled roads projects. I am sure Waziri is aware. He must be aware of a road which originates from some parts in Tharaka; that is Gatunga-Marimanti-Chakariga Road which has stalled for close to 15 years. The parts that had be…

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The Temporary Speaker (Sen. Veronica Maina)

Cabinet Secretary, you can proceed to answer that. The Cabinet Secretary for Roads and Transport : Hon. Senator, let me start by thanking you for the supplementary question. Madam Temporary Speaker, we can spend some time to see what we have done with securitization of a portion of the RMLF. In line with Section 32 of the Road Maintenance Levy Fund Act 1993, we have been able to raise funds to …

[(Hon. Davis Chirchir)]

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Sen. (Dr.) Khalwale

Thank you, Cabinet Secretary.

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The Temporary Speaker (Sen. Veronica Maina)

Hon. CS, please proceed. The Cabinet Secretary for Roads and Transport : I think the concessioning of a bridge is subject to an investor being able to get return on investment; as to whether the road can return on the investment at a rate that is attractive to be able to build the road. At the moment, the traffic between Rironi-Nakuru - and I think we have moved all the way to Mau Summit - is wh…

[(Hon. Davis Chirchir)]

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, Madam Temporary Speaker. Cabinet Secretary, in the previous financial year, there was some money that was allocated and disbursed to the counties but they did not clear pending bills for the contractors. What is your Ministry doing through the Kenya Roads Board to ensure that counties do not start new projects before they pay the pending bills for the work which was done previously? Tha…

[(Hon. Davis Chirchir)]

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Maanzo did you have a question or it was overtaken by events?

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, it is now 1.00