Senate · Afternoon Sitting

Wednesday, 18 October 2023

Session Summary

Senators debated petitions alleging historic leaseholds and land dispossession affecting the Kisii and Maasai communities, criticizing long‑term leases granted to institutions and foreigners and urging the Committee on Land to investigate title deeds and lease expirations. They highlighted similar acquisition controversies elsewhere and called on the National Land Commission to clarify acreage, enforce lease terminations, and return land where original purposes have lapsed. Senators debated the Equalization Appropriation Bill, with some members urging support to address marginalisation and fund infrastructure in under‑served counties, while others highlighted that Kiambu County risks losing Ksh 1.6 billion due to administrative lapses. The discussion featured accusations of misleading statements and political friction over past votes on revenue allocation, but also a shared call for transparent oversight of the funds. Senators debated the correct procedure for substantiating a motion on boundary clashes in Vihiga County, with Sen. Osotsi’s allegations being challenged as insufficient evidence. Points of order were raised by Sen. Cheruiyot and others, prompting the Speaker and senior senators to clarify the House’s rules on evidence submission and the Speaker’s authority to rule on such matters.

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The Speaker (Hon. Kingi)

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. Sen. Omogeni and Sen. Mumma, kindly take your seats.

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

[(The Quorum Bell was rung)]

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The Speaker (Hon. Kingi)

Hon. Senators, I have the following Communications to make.

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Sen. Omogeni

Thank you, Mr. Speaker, Sir, for giving me the opportunity. I take this opportunity to welcome the students from the counties of Kisii and Nyamira, on my own behalf and on behalf of my brother, the Senator for Kisii County. These are our future leaders. When we used to be in school, we used to be told that we are the future leaders. Least did I know that one day I will be here welcoming universit…

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Sen. Omogeni

leaders and left a mark. Do not be like a conveyor belt. Contribute as the youth to the betterment of this country. Take your role as leaders. The other day, the Senate passed a Bill, which I believe will be assented to by the President tomorrow, where we have made a provision that in the management of health facilities, there will be a place for youth. One youth will be among the eight members w…

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Sen. Cherarkey

Thank you, Mr. Speaker. Sir. With your permission and indulgence, I join you in welcoming our beautiful students from Faith Ventures Christian Academy in Roysambu. I wish them well as they continue to learn the role of Parliament, the Senate and what we do. On behalf of all of us, we are proud of them. I encourage them that the sky is not the limit. They need to go for the best, be disciplined, f…

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The Speaker (Hon. Kingi)

Next Order, Clerk.

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The Speaker (Hon. Kingi)

Hon. Senators, I have three Messages that I wish to communicate.

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The Speaker (Hon. Kingi)

“PURSUANT to the provisions of Standing Order No. 41(1) and 142 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly- WHEREAS the Sugar Bill (National Assembly Bill No.34 of 2022) was published vide Kenya Gazette Supplement No.150 of 6th October, 2022, as a Bill seeking to reinstate provisions of the Sugar Act, 2001 that was repealed through t…

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The Speaker (Hon. Kingi)

WHEREAS, the Facilities Improvement Financing Bill (Senate Bill No. 43 of 2023) was published vide Kenya Gazette Supplement No.168 of 15th September, 2023 to provide for public health facility improvement financing and the management and administration of facility improvement financing in the country. AND WHEREAS, the Senate passed the said Bill on 27th September, 2023 and referred it to the Nati…

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The Speaker (Hon. Kingi)

Hon. Senators, I wish to report to the Senate that Pursuant to Standing Order No.46 (3) and (4) , I received the following message from the Speaker of the National Assembly, regarding the passage by the National Assembly of the Primary Health Care Bill (Senate Bills No. 44 of 2023) . The message dated Tuesday 17th October 2023 was received on Tuesday 17th October 2023, in the Office of the Clerk …

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The Speaker (Hon. Kingi)

AND WHEREAS, the Senate passed the said Bill on 28th September, 2023 and referred it to the National Assembly for consideration, in accordance with the provisions of Article 110 (4) of the Constitution; FURTHER WHEREAS, on Tuesday 17th October, 2023 the National Assembly considered and passed the Primary Health Care Bill (Senate Bill No. 44 of 2023), without amendment and in the form passed by th…

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Sen. Osotsi

Mr. Speaker, Sir, I am ready to substantiate. On Tuesday, 5th October, 2023, during a Motion of Adjournment under Standing Order No.37 moved by Sen. Munyi Mundigi titled, “Ukosefu wa Usalama Katika Kaunti ya Turkana na Eneo la Sondu”, I contributed to the Motion giving incidences of similar conflicts that have happened in the recent past. One such incident is at the boundary between Aldai and Hami…

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The Speaker (Hon. Kingi)

There is a point of Order from Sen. Cheruiyot.

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I am rising for guidance at this stage of laying of the papers. I wish that you guide us, as a House, in respect of contravening of Standing Order Nos.100, 205 and 206. The relevance of this request is as follows. This House formed a select committee, Ad Hoc, to look into the matter of Shakahola. It has come into public domain that one of the witnesses who is being investigated …

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Sen. Cheruiyot

‘‘No Senator shall refer to the substance of the proceedings of a Select Committee before the Committee has made its report to the Senate.’’ Mr. Speaker, Sir, allow me, so as to argue my case, to read out for clarity, Standing Order No. 205. It says- ‘‘(1) A notice of a meeting of a Select Committee shall be issued by the Clerk, in writing, to all members of the Committee showing the date, time,…

[(Loud consultations)]

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The Temporary Speaker (Sen. Mumma)

Can the mover proceed?

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Sen. Omogeni

Thank you, Madam Temporary Speaker. I beg to move the following Motion - AWARE THAT, the National Dialogue Committee was established by Parliament through a Resolution passed by the National Assembly and Senate on 16th August 2023 and 29th August 2023 respectively; FURTHER AWARE, that the Resolution outlines the mandate of the Committee which includes to facilitate dialogue, and consensus buildi…

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Sen. Omogeni

preparation of a Report for submission to the Leadership of Kenya Kwanza and Azimio Coalition and thereafter, to Parliament; NOW, THEREFORE, the Houses of Parliament resolve to extend the mandate of the National Dialogue Committee by a further 30 days from 28th October, 2023 and consequently, the Committee shall be required to report to the Leadership of Kenya Kwanza and Azimio Coalitions, on or …

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Sen. (Dr.) Khalwale

Thank you, Madam Temporary Speaker. I thank Sen. Omogeni for giving me the honour to second this very important Motion. When this Committee was constituted, there was a lot of suspicion and bad blood between the two sides at the dialogue. With time, things have normalized and therefore, it gives me a lot of pleasure to be seconding a Motion that gives them an opportunity to conclude, make the pro…

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Sen. (Dr.) Khalwale

Asante, Bi. Spika wa Muda. Pia nami ninaunga mkono hii Hoja iliyoletwa hapa mbele na Seneta ambaye pia ni Kamishna. Kwanza ni kwamba, hii Kamati ya majadiliano ambayo inaendelea hivi sasa ni muhimu sana kwa taifa na kwa kila Mkenya. Hii ni kwa sababu imeweza kuleta amani na kufanya nchi ikatuliwa, kisha watu wakawa wanaendelea na mambo yao kama kawaida. Kitu cha kwanza ambacho nataka hii Kamati …

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The Temporary Speaker (Sen. Mumma)

The Mover to reply.

[(Applause)]

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Sen. Cherarkey

Thank you, Madam Temporary Speaker, for the opportunity. I thank Sen. Omogeni for bringing this Motion and Sen. (Dr.) Khalwale for seconding.

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The Temporary Speaker (Sen. Mumma)

On the issue of governance, I like what Sen. Madzayo has spoken about on how the police officers treat the hon. Members of Parliament. We need to address that so that there is an honor on how you treat MPs. I assure you, Sen. Madzayo, that we shall address that issue under that sub- heading of governance. We know best practices. Some countries have really progressed. If you go to the United Kingd…

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Sen. Cherarkey

Hon. Senators, pursuant to Standing Order No. 84 (1) , I wish to make the determination that this matter does not affect counties.

[(Question put and agreed to)]

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Sen. Cherarkey

Hon. Senators, it is now 6.45 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday 19th October, 2023 at 2.30 p.m. The Senate rose at 6.45 p.m.

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The Temporary Speaker (Sen. Mumma)

Sen. Wambua, you may proceed.

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Sen. Wambua

Thank you, Madam Temporary Speaker. Very interesting to hear that the validity of this Committee is dependent on the invitation of Sen. Cherarkey to make a presentation. I rise to support the extension of time for the Bipartisan Dialogue Team that is trying to crack a middle ground and return peace and order back to the country. I was privileged to have served in the first team that disbanded mid…

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Sen. Wambua

With those few remarks, I support.

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The Temporary Speaker (Sen. Mumma)

Proceed, Sen. Madzayo.

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Sen. Madzayo

Asante, Bi. Spika wa Muda. Pia nami ninaunga mkono hii Hoja iliyoletwa hapa mbele na Seneta ambaye pia ni Kamishna. Kwanza ni kwamba, hii Kamati ya majadiliano ambayo inaendelea hivi sasa ni muhimu sana kwa taifa na kwa kila Mkenya. Hii ni kwa sababu imeweza kuleta amani na kufanya nchi ikatuliwa, kisha watu wakawa wanaendelea na mambo yao kama kawaida. Kitu cha kwanza ambacho nataka hii Kamati …

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The Temporary Speaker (Sen. Mumma)

The Mover to reply.

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Sen. Omogeni

Madam Temporary Speaker, I thank the Senators who have spoken this afternoon in support of the extension of time for the National Dialogue Committee. I am very happy with the bipartisan spirit that I have seen across the Floor, The support from the Majority side and Minority sides. I assure Senators that we are alive to the expectations of Kenyans. People have actually called us aside and said, …

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Sen. Omogeni

On the issue of governance, I like what Sen. Madzayo has spoken about on how the police officers treat the hon. Members of Parliament. We need to address that so that there is an honor on how you treat MPs. I assure you, Sen. Madzayo, that we shall address that issue under that sub- heading of governance. We know best practices. Some countries have really progressed. If you go to the United Kingd…

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The Temporary Speaker (Sen. Mumma)

Hon. Senators, pursuant to Standing Order No. 84 (1) , I wish to make the determination that this matter does not affect counties.

[(Question put and agreed to)]

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The Temporary Speaker (Sen. Mumma)

Hon. Senators, it is now 6.45 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday 19th October, 2023 at 2.30 p.m. The Senate rose at 6.45 p.m.