Senate · Morning Sitting
Wednesday, 19 April 2023
Sen. Tabitha Mutinda moved for the second reading of the Equalization Fund Appropriation Bill, emphasizing its role in delivering basic services to 34 marginalized counties. She highlighted significant funding shortfalls and delays that have stalled many projects, and called for the formation of committees and stronger coordination with the National Treasury, Council of Governors and CRA to ensure timely implementation. The speech combined constructive proposals with criticism of past disbursement inefficiencies. Senators debated a petition urging the construction of a footbridge at Chiromo to improve pedestrian safety, highlighting frequent accidents involving motorists and boda‑boda riders. The discussion expanded to criticize traffic police corruption, malfunctioning traffic lights, and design flaws in the Nairobi Expressway, while calling for stricter enforcement and new legislation to regulate boda‑boda operations. The overall tone combined concern over high road‑fatality rates with constructive proposals for infrastructure and regulatory reforms. Senator Cheruiyot highlighted Kenya’s current economic difficulties, praising the new administration’s efforts to reduce the fiscal deficit and reform the Kenya Revenue Authority, while criticizing past mismanagement. He urged stricter oversight of county finances, noting low compliance with the Public Finance Management Act and calling for recovery plans and a review of the revenue‑sharing formula. He moved to defer the motion on the Division of Revenue Bill due to quorum concerns.
Clerk, do we have quorum? Serjeant-at-arms, we do not have the requisite quorum. Kindly ring the Quorum Bell for ten minutes. Serjeant-at-arm, you may stop the Bell. I am informed that we now have quorum. Clerk, proceed to call first Order.
[(The Clerk-at-the-Table consulted the Speaker)]
[(The Quorum Bell was rung)]
[(Several Senators walked into the Chamber)]
[(The Clerk-at-the-Table consulted the Speaker)]
Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, 19th April, 2023. Report of the Auditor-General on the financial statement of the Narok County Alcoholic Drinks Regulation and Control Fund for the year ended 30th June, 2020. Report of the Auditor-General on the financial statement of the Narok County Alcoholic Drinks Regulation and Control Fund for the year …
Report of the Auditor-General on the financial statement of the Receiver of Revenue – Revenue Statements for the County Government of Bomet for the year ended 30th June, 2022. Report of the Auditor-General on the financial statement of the Kajiado County Executive Staff Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2022. Report of the Auditor-General on the financial statement …
Let us go to the next Order.
These are Statements pursuant to Standing Order No.56 (1) (b) . Basically, they are Statements by Chairpersons of Standing Committees. The first one is by the Chairperson of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration.
Mr. Speaker, Sir, I request that you defer my Statement for about one hour because it is not ready.
Very well. Let us have the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations.
Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) to make a Statement on the activities of the Standing Committee on National Security, Defence and Foreign Relations, for the period commencing 14th October, 2022, to 30th March, 2023. Mr. Speaker, Sir, during the period under review, the Committee held a total of 26 sittings and considered three legislative proposals, 34 Statements…
Mr. Speaker, Sir, it is important for me to notify the House that yesterday, we were able to receive further four responses and, therefore, we only have four outstanding questions without responses from the relevant Ministries. It is not eight but four. The Committee further undertook a county visit to Kitui County in respect of a Statement sought by Sen. Wambua on the heightened insecurity in Mu…
The Chairperson, Standing Committee on Trade, Industrialization and Tourism. As the Committee gets its footing together, we will move to the Chairperson, Standing Committee on Roads, Transportation and Housing.
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 56 (1) (b) to make a Statement on the activities of the Standing Committee on Roads, Transportation and Housing for the period commencing 13th October, 2022 to 31st March,
regarding the purchase of houses and shops from Jamii Bora Charitable Trust and an off- plan housing scheme, but have never received the documents since 2008. The Committee is considering the Petition and intends to invite the petitioners; Jamii Bora Charitable Trust and other keys stakeholders involved in the matter. Additionally, the Committee has just received a Petition this morning, that th…
in Kenya was ongoing. Once concluded, it will be adopted for implementation. The matter was concluded. Mr. Speaker, Sir, I am almost done, if you can give a little of time or you can defer, so that I can continue tomorrow.
Senator, you have one minute.
Mr. Speaker, Sir, Statement No.7 is by Sen. Samson Cherarkey, MP, on Rehabilitation and Upgrading of Mombasa Road Section left in the state of disrepair, following the construction of the Nairobi Express Way. Mr. Speaker, Sir, I may not be able to conclude my Statement because this is supposed to be a very conclusive Report, to show that the Committee has been giving its Statements and work very …
Hon. Senator, proceed to lay your Statement. The Senators will go through it at the appropriate time. Just proceed to ---
Thank you, Mr. Speaker, Sir. I proceed to lay. The Speaker (Hon. Kingi) : Thank you, Senator. Thank you too for the good work that the Committee is doing. We go back to the Committee on Trade, Industrialization and Tourism.
[(Sen. Thang’wa laid the document on the Table)]
Thank you, Mr. Speaker, Sir. I rise Pursuant to Standing Order No. 56 (1) (b) of the Senate Standing Orders to make a Statement on the Activities of the Standing Committee on Trade, Industrialization and Tourism for the period commencing 13th October, 2022 to 31st March, 2023. Mr. Speaker, Sir, during the period under review, the Committee held a total of 23 meetings. The Committee held its induc…
licensing processes. The Committee processed the Bill and tabled its report in this House on 12th April, 2023. The other Bill is the Start-up Bill, 2022 (Senate Bills No. 14 of 2022). The Bill seeks to provide a framework to encourage innovation and incentivise the establishment of start-ups through incubation programmes; and a streamlined administrative mechanism of registration and operations. …
The other one is a Statement sought by Sen. James Murango, MP, on the measures taken to make Kenyan produce in external markets. The Committee requested a response from the Ministry of Trade and Industry, Kenya Investment Authority (Kenvest) and the Kenya Export Promotion Branding Agency. The response from the Ministry is being awaited. Mr. Speaker Sir, the Committee is scheduled to consider the …
Proceed, Chairperson Standing Committee on National Cohesion, Equal Opportunities and Regional Integration.
Mr. Speaker Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration for the period between 14th October, 2022 to 30th March, 2023. Mr. Speaker Sir, the Standing Committee on National Cohesion, Equal Opportunity and Regional Integratio…
Ministries and State agencies falling within the mandate of the Committee. These include-
Mr. Speaker, Sir, going forward, the Committee intends to conclude pending legislative business that is before it, particularly such business as may be subject to timelines provided under the Standing Orders or any other law. I beg to lay the document on the Table of the Senate. Thank you.
Sen. Maanzo, proceed.
Mr. Speaker, Sir, I wanted to contribute on the next Order, with your kind permission.
Sen. Cherarkey, the Floor is yours.
Mr. Speaker, Sir, I wanted your indulgence to raise one or two concerns on the Statement that has been laid on the Table by the Chairperson of the Committee on National Security, Defence and Foreign Relations and the Chairperson of the Committee on Roads and Transport. First, I would have expected the Chair of Roads and Transport, although time caught up with him, to tell us the status of Mombasa…
Although one has been opened in Kabiyet Township in Mosop Sub-County, I would have expected the Chair to say that in the budget that is coming, more registration centres will be opened, so that parents can conveniently process their children’s birth certificates and be able to register their children for KCPE and KCSE, and also for processing of death certificates to allow our parents and other Ke…
Chairpersons, I believe you have taken note of those concerns. Hon. Sen. Dullo, proceed.
Thank you, Mr. Speaker, Sir. I wanted to make two contributions to the Statements made by the Chairpersons. First, I thank them for the good work they are doing. My concern is the implementation of the good work the committees are doing. From 2013 to 2017, we had the Implementation Committee that did a very good job as far as committee work is concerned. I think over the years; we have raised the…
Thank you, Senator. The Chair has taken note of the need to have the Implementation Committee, and I believe it is a matter to be discussed at the Senate Business Committee. We have taken note. Next Order!
Next Order! Second Reading
Thank you, Mr. Speaker, Sir. I beg to Move that the Equalization Fund Appropriation Bill be read a second time. Mr. Speaker, Sir, this is a very important Bill with regard to the marginalized counties. It is a Bill per Article 204 of the Constitution. The Equalization Fund, which was established in 2004, has the basic mandate to facilitate the provision of basic services; that is water, health, e…
This Bill is with regard to 34 counties which constitute 1424 marginalized areas that have been spread across different counties. This is a Bill that has been appropriated funds amounting to Kshs54 billion in the financial year 2021/2022. Mr. Speaker, Sir, on this Bill, Kshs26 billion has already been approved by the National Assembly in the First Supplementary Budget. Out of this, Kshs26 billion…
Committees will be formed with the assistance of the National Treasury and the Equalization Fund Advisory Board. The committees at mashinani level will ensure that they come up with projects that will touch and help the communities in a particular area. That is important because it will ensure total inclusion of the local mwananchi. That is the person on the ground who really needs the services d…
they are the ones who guide as far as the allocation and identification of the marginalized areas are concerned. That is how they were able to settle at 34 counties that are marginalized and the specific areas. If a county such as Tharaka Nithi, for example, is in this list, it does not mean it is the whole of the county but a section and an area that is identified as marginalized. These are area…
For example, the land surface area is quite big in Turkana and Mandera counties. However, if infrastructure such as roads are put in these areas, they will improve the infrastructure and the business element. There will be much movement. If water is provided, agriculture will improve and there shall be production. Once you have production and value addition, there shall be improvement of different…
billion plus Kshs.3 billion giving the outstanding of about Kshs31 billion which should be the main balance. That is what our committee settled for. Project identification and implementation under the second policy on marginalization is yet to be undertaken and it will commence immediately after approval of the Equalization Fund Appropriation Bill 2023. This is important as I said earlier; this i…
Thank you, Mr. Speaker, Sir. I rise to second this Motion.
Sen. (Dr.) Khalwale, we have six minutes to go. I do not know whether that will be adequate. Do you want to second by way of Standing Order No. 108, so that you reserve your right to contribute later on to this Motion?
Yes. Mr. Speaker, Sir. It is better that way.
Then, what you need to do, under Standing Order No. 108, is just bow your head and leave it at that. Then, you will have reserved your right to contribute later on, on this particular Motion.
[(Sen. (Dr.) Khalwale stood in his place and bowed)]
Very well.
(The Speaker consulted with the Clerk-at-the-Table)
Hon. Senators, for the convenience of the Senate, it is now 12.55 p.m. We are going to adjourn the sitting of the Senate. The Senate, therefore, stands adjourned until Wednesday, 19th April, 2023, in the afternoon, at 2.30 p.m. The Senate rose at 12.55 p.m.