Senate · Afternoon Sitting

Clerk, confirm whether we have the requisite quorum. Serjeant-at-Arms, please, ring the Quorum Bell for five minutes. We now have quorum. Clerk, proceed to read the first Order.

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

[(The Quorum Bell was rung)]

Mr. Deputy Speaker, this is from the Committee on Devolution and Inter-Governmental Relations.

Proceed and Table.

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, 19th April, 2023.

Report of the Standing Committee on Devolution and Inter-Government Relations on a Statement sort by Sen. Mwenda Gataya Mo Fire, on the relocation of National Government Administrative Services from Chuka Town to Kathwana County Headquarters, Tharaka-Nithi County. I hereby lay the document on the Table.

Thank you. Next Order.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security Defence and Foreign Relations regarding the need to protect the identity of Kenyans visiting public buildings and business premises. In the Statement, the Committee should:

Let us get at least two comments. We shall start with the Majority Leader.

Mr. Deputy Speaker, Sir, this is a very interesting proposition that Sen. Orwoba wants the House to consider. I have never really thought about it in the direction she is pointing us to. On many occasions when you go to public buildings or even private enterprises, you give out your ID without bothering to think what somebody will do with it. Being street smart over time and now as a public figu…

Thank you, Majority Leader. The author of this Statement is requesting the Standing Committee on National Security, Defence and Foreign Relations to look into this matter. However, your suggestion is very relevant because we have had a Data Commissioner from last year.

Sen. Maanzo, proceed.

Thank you, Mr. Deputy Speaker, Sir. When we passed this law, it was clear that regulations would follow after. In the wake of terrorism, there has been a requirement in many places you will drive to. They will first take your car number, your full names and telephone number. That data is then left with a security guard. We may not have captured that in the law we passed and there may be need to ch…

This is an interesting Statement. I had limited to two, but because of the law of supply and demand, let me give an opportunity to two more Senators; one from the Majority Side and another from Minority side. Let us hear the ICT guru, Sen. Kisang.

Thank you, Mr. Deputy Speaker, Sir. You know very well what happened in the last Parliament. We passed the Data Protection Act in 2019 and already have the office of Data Protection Commissioner. Therefore, I believe, as Members have said, that it is good that the two Committees on ICT and Committee on National Security look into this matter seriously. Some people have taken fuliza and loans usin…

taken. They go and register with telecommunication providers, either Safaricom, Airtel or Telcom, and eventually, you will find that you have a fuliza loan, and you know very well you did not apply for it. This is a serious security lapse. I agree with Sen. Orwoba that what needs to be done is automate the security desk in each building, so that they can have the Integrated Population Registratio…

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to add my voice to the Statement sought by Sen. Orwoba, which I support. It is a progressive and relevant Statement, and I congratulate Sen. Orwoba for bringing this to the House. It also ties nicely with the previous Statements that Sen. Orwoba sought. She reminded us yesterday that during the First Session of the House, she asked Safaricom…

number, which, as Sen. Orwoba has said, can cause a lot of danger and personal security issues or even national security issues. Mr. Deputy Speaker, Sir, I also agree with the Senate Majority Leader who said that sometimes, you are forced to give one or two numbers that are different from your ID card or phone number because of personal security. This is something that should be added or probed f…

Let us have the next Statement by Sen. Sifuna.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the construction of Ngong Road, a crucial road for residents of Nairobi and neighbouring counties. In the Statement, the Committee should-

Before I allow time for comments, Sen. Orwoba, as I speak, your Statement is before the Committee on National Security, Defence and Foreign Relations. However, if you want to do changes as advised by the Senate Majority Leader, you can approach the Liaison Committee to make the decision for two committees to look into that matter, because I can see there are a lot of Information Technology (IT) i…

Mr. Deputy Speaker, Sir, I wanted to comment on the one on identification.

Sen. Thang’wa, Chairperson of the Committee on Roads, Transportation and Housing, what is out of order?

Mr. Deputy Speaker, Sir, I seek your indulgence and guidance. I am the Chairman of the Committee on Roads, Transportation and Housing and I have just heard the Senator for Nairobi requesting a Statement about Ngong Road.

I seek your indulgence because he is also a Member of the said Committee. Is it in order for a Member of the same committee to request a Statement to the committee that he belongs, yet that matter can be deliberated in the committee as an agenda or Any Other Business (AOB)?

Sen. Thang’wa, the Senator for Nairobi is none other than Sen. Sifuna and he represents the good people of Nairobi City County, including my children who use Ngong Road. So, he is very much in order to represent his people in this House. You are out of order, Chairman, for saying that the Statement should come under AOB during your Committee meeting. The Statement is well placed. Please, consider…

Bw. Naibu Spika, asante kwa sababu umejibu Mwenyekiti wa Kamati ya Barabara, Uchukuzi na Nyumba. Wiki jana nilipouliza kuhusu macadamia, Mwenyekiti wa Kamati ya Agriculture, Livestock and Fisheries alitaka kunipinga nisiulize kuhusu macadamia na hivyo si vizuri. Ikiwa wewe ni Mwenyekiti au Naibu Mwenyekiti, unafaa kujua kuwa kuna mambo yanayoathiri watu wa kaunti na mengine ni ya Kenya kwa jumla.…

Hapo umesema vizuri, Sen. Munyi Mundigi. Sen. Cherarkey, kindly give brief comments because we are taking a lot of time on Statements. You have a maximum of two minutes. I also request that you be timed.

Mr. Deputy Speaker, Sir, I know we have a Speaker in the House, but I do not know why Sen. Onyonka is uncomfortable.

I will ---

Mr. Speaker, Sir, ---

Sen. Cherarkey, I was giving some communication and you are still talking. Why are you confusing my guidance to the House? You are protected. So, kindly use your two minutes.

[(Sen. Onyonka spoke off record)]

I support the Statement by Sen. Sifuna, the Senator of Nairobi. I think that Statement is timely. I agree that Ngong Road is not well marked, especially when you are driving through and you cannot tell whether renovations were done. Just the way I was asking about Mombasa Road lower deck. When it is raining, it is very hard for motorist to navigate through because of poor drainage. You remember w…

Additionally, when you look at the Langata Road Interchange, it is not well marked. You have to remember that the lanes also were reduced. It is not only in Nairobi City County, but across the country. Mr. Deputy Speaker, Sir, where I come from, the contractor does the road, they do not do signages, drainage and proper markings on the road. I do not know whether our contractors disappear with it …

Your time is over, Sen. Cherarkey. On the screen, on my left-hand side, I can see Sen. Oketch Gicheru, Sen. Onyonka and Sen. (Dr.) Oburu. Of course, Sen. Onyonka, you were to get the chance, but now Sen. (Dr.) Oburu has requested that he should also speak. Proceed, my Senior, Sen. (Dr.) Oburu.

Thank you, Mr. Deputy Speaker, Sir, for the honour. I also want to briefly say that contractors normally leave out drainages in making roads and this is deliberate. This is because contractors cannot work at a loss. Contractors are business people, but corruption within the Government, that is the Engineers and PSs up to the top are the people who misappropriate the money for the drainages and th…

[(Applause)]

Mr. Deputy Speaker, Sir, if they stop this, then our roads are going to be good. It is not the contractors. It is actually the Government that ‘eats’ the money from the contractors. I thank you.

The Statement is committed to the Standing Committee on Roads, Transportation and Housing. The next Statement by Sen. Veronica Maina. Just a minute Sen. Veronica Maina.

[(Interruption of Statements)]

Thank you, Mr. Deputy Speaker, Sir. I welcome the visiting delegation from Kericho Day Secondary School, one of the most celebrated day schools in our County. It is among the most cosmopolitan, actually being in Kericho Town. It has students from all over the country if you may want to put it that way. They excel quite well both in academics and co-curricular activities. I have very fond memories…

Therefore, I do welcome them. I wish them well in the course of their stay here in Parliament and, of course, even as they make their way back to Kericho, let them enjoy their trip back. I wish them comfort and, of course, safe journey. Mr. Deputy Speaker, Sir, we spoke very much this morning about the issue of road safety. We get worried nowadays, especially when students get to travel, but I wa…

Proceed, Sen. Onyonka.

Nashukuru sana. Mimi pia ningependa kutoa maoni yangu kwa sababu ya Seneta Mheshimiwa anayesimamia Walio Wengi katika Seneti. Kwa wale wanafunzi ambao wametoka Kericho High School ni shukrani sana. Nimeamua kuzungumza kwa lugha ya Kiswahili kwa sababu ningependa kuwauliza nyinyi kama wanafunzi muendelee kuisifu na kuitumia lugha yetu ya Kitaifa. Sababu ya hiyo ni kuwa katika Seneti, tukijadilian…

Sen. Orwoba, tumia dakika mbili.

Thank you, Mr. Deputy Speaker, Sir. I take this opportunity to welcome the students from Kericho County. I know that Senators do not know that while we were doing mapping of menstrual hygiene, we found that Kericho County was very aware about menstruation. I congratulate them. The Senator for Kericho County has done a very good job of talking to the students. Thank you for being ambassadors and f…

Sen. Veronica Maina, you may make your Statement.

[(Resumption of Statements)]

Thank you. Hon. Senators, in the Public Gallery, we have 63 pupils, accompanied by four teachers and one Board of Management (BoM) member from Mukou Primary School in Mwea West sub-county in Kirinyaga County who are in the Senate on an education tour. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and, on behalf of the Sena…

Proceed, Senator for Embu County. You neighbour Kirinyaga County at River Rupingazi

Yes. Karibisha hao kabisa

Bw. Naibu Spika. Ninapenda kuwakaribisha wanafunzi na walimu kutoka Kaunti ya Kirinyaga. Kaunti hii ni jirani ya Kaunti ya Embu. Karibu sana katika Bunge hili la Seneti ili muone ambavyo tunavyofanya. Sisi pia tulikuwa wanafunzi kama ninyi. Msome kwa bidii ili wengine wawe Maseneta na pia Rais wa nchi hii. Pili, ni aibu kubwa kuwa mmewasili leo na mkapata tukiongea kuhusu mambo ya kilimo. Katika …

[(Laughter)]

Next Statement by Sen. Mbugua.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education on reports of transfer of the only special needs teacher at the Ngao Special School at Oljororok Constituency in Nyandarua County, which admits students with special needs from most of Nyandaura County. In the Statement the Committee should-

Thank you. Let us get a brief comment from Sen. Joe Nyutu, Chairperson, Standing Committee on Education.

Mr. Deputy Speaker, Sir, although I am the Chairperson of the Committee on Education, I support the Statement requested by Sen. Mbugua. We have a Bill on learners with special needs which we are considering at the committee level. It is sad to hear that the only teacher dealing with learners with special needs was transferred. Ideally, what should happen is that a suitable replacement should have…

Sen. Cheptumo, proceed.

Mr. Deputy Speaker, Sir, I also rise to support the Statement.

I do not think institutions for learners with special needs receive equal attention like other institutions of learning. That is not good. I am happy that the Chairperson of the Committee on Education has confirmed that they are considering a Bill which when passed will help in this process. If you look at Article 27 of the Constitution, it talks about equality and freedom from discrimination. Ar…

Sen. Wamatinga, you may proceed.

Mr. Deputy Speaker, Sir, I also rise to support the Statement by Sen. Mbugua. It is indeed one of the requirements of the Sustainable Development Goals (SDGs) that we mainstream all the vulnerable in the society. The case is not only isolated in one school in Oljororok. In Nyeri County where I come from, the special needs school has been faced with numerous challenges, including staffing, equipme…

The next two Statements are by Sen. Chute.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights on the status of compensation and resettlement of residents of Buxton Estate in Mombasa County. In the Statement, the Committee should-

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

Just a moment, Sen. Chute. What is your point of order, Sen. Thangw’a?

Mr. Deputy Speaker, Sir, when it comes to Standing Orders, we are taking time to--- Maybe the Senator can have a seat. Mr. Deputy Speaker, Sir, I seek your indulgence. I am the Chairperson of the Standing Committee on Roads, Transportation and Housing. The Senator seeking a Statement is a Member of the Committee on Roads, Transportation and Housing. The matter he is raising a Statement on is live…

[(Sen. Chute sat at his place)]

Once the Committee concludes, and he is a Member of the Committee, he can raise the same issue on the Committee. We do not want to take the processes of this House. We are not protecting anyone and no one is protecting anybody. All we are looking for is for the procedures of this House to be followed to finality.

The Chairperson, Committee on Roads and Transportation, that issue was well canvased when this Petition was approved. His Statement is touching on acquisition not compensation. Therefore, there is a clear line. You are the Chairperson of the Committee. Once all these issues land on your desk, make the decision as a Committee. Do not feel offended because his wording is different. I can see the co…

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

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

Nothing is out of order. No Member is on the Floor, Sen. Orwoba. Sen. Cherarkey, a point of order on who? Who is on the Floor contributing, so that you can raise a point of order? Sen. Chute, proceed and conclude your Statement.

[(Sen. Orwoba and Sen. Cherarkey spoke off record)]

Thank you, Mr. Deputy Speaker, Sir. I will proceed with my second Statement. Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Tourism, Trade and Industrialization, on the Status of Management of Museums and Heritage Sites in Kenya. In the Statement, the Committee should-

Thank you, Sen. Chute. I am actually trying to get your prayers from the first Statement which the Chairperson Committee on Roads and Transportation was alluding to and what exactly is it that you want executed. You have requested the Committee on Justice, Legal Affairs and Human Rights to look into this matter. However, when you look at the contents, they are clearly in housing. Why did you take…

Mr. Deputy Speaker, Sir, what I am trying to bring to the attention of the House is the procedure of acquiring that land, through a tender system. Initially, the procedure was for low cost housing. However, later on, it has been turned into another business. I am trying to look at the procedure of how this land was acquired. We want to know how it was acquired. It is not an issue of housing. The …

Proceed, Sen. Gataya Mo Fire.

Hon. Senators, in the Public Gallery, we have 87 students accompanied by eight teachers from St. Paul Kinangop Academy in Nyandarua County who are in the Senate on an academic tour. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, wish them a fruitful visit. Thank you. Procee…

Thank you very much, Mr. Deputy Speaker, Sir. I rise to welcome my students that are from St. Paul Academy. St. Paul Academy is my neighbour at home. We come from the same ward. It is a school that we all looked up to. I attended a public school. I really wanted and I hoped that I would ever get an opportunity to go to St. Paul but I never got an opportunity. I went to a public school, but throug…

Thank you.

Let us go to the Chairperson of the Select Committee on County Public Investment and Special Funds.

[(Resumption of debate on Statements)]

Thank you, Mr. Deputy Speaker. I wish to make a Statement pursuant to Standing Order No. 56 (1) (b) on the activities of the County Public Investment and Special Funds Committee for the period commencing 1st January, 2023 to 15th April, 2023. Mr. Deputy Speaker, Sir, during this period, the Committee has held a total of 21 meetings. The meetings included the regular meetings to consider the Audit…

issues. This includes the Amatsi Water Company in Vihiga County, Narok Water and Sewerage Company in Narok County, Kericho Water and Sanitation Company, Bomet Water Company and Eldoret Water and Sanitation Company in Uasin Gishu. The Committee made instant directives to the respective governors to restructure the top management and boards of the said entities. I am happy to report that some of th…

transferred to the water company. Kakamega County Governor was requested to bring the matter of the Kshs4.2 billion to the attention of the CoG and the Intergovernmental Relations Technical Committee (IGRTC). We have also dealt with the matter of the regional bloc which is ongoing. We noted that regional blocs continue to receive money from county governments and donors, which is not audited beca…

Mr. Deputy Speaker Sir, I rise pursuant to Standing Order No. 195 (1) of the Senate Standing Orders to make a Statement relating to the activities of

the Select Committee on Delegated Legislation during the first part of the Second Session, that is, 14th October to 30th March 2023. Mr. Speaker Sir, The Senate Select Committee on Delegated Legislation is established under Standing Order 195(1) of the Senate Standing Orders and is mandated to scrutinize Statutory Instruments laid before the Senate. During the period under review, the Committee …

the Select Committee on Delegated Legislation during the first part of the Second Session, that is, 14th October to 30th March 2023. Mr. Speaker Sir, The Senate Select Committee on Delegated Legislation is established under Standing Order 195(1) of the Senate Standing Orders and is mandated to scrutinize Statutory Instruments laid before the Senate. During the period under review, the Committee …

I direct that the Clerk rings the Division Bell for five minutes. Clerk, could you please ring the Bell for another five minutes? Hon. Senators, can I have the Senate Majority Whip, Sen. (Dr.) Khalwale, approach the Chair. Hon. Senators, we shall defer voting on this Bill.

[(The Division Bell was rung)]

[(The Division Bell was rung)]

[(Sen. (Dr.) Khalwale approached the Chair)]

On a point of order, Mr. Temporary Speaker.

Sen. Abbas, kindly resume your seat. I have ruled that we defer voting on this one and consequently we will proceed with Order No. 10. Order No. 9 is also deferred.