Senate · Afternoon Sitting

Clerk, please confirm whether we have quorum. Hon. Senators, we seem not to have the requisite quorum. I, therefore, ask for the Quorum Bell to be rung for five minutes. Order! You may stop the Bell because we have so far attained the quorum.

[(The Quorum Bell was rung)]

Thank you, Mr. Speaker, Sir. I have a request for Statement on the Human Wildlife Conflict---

I actually thought you were contributing to welcoming delegations. Quite a number of Senators have requested to speak and welcome the guests.

Mr. Speaker, Sir, I apologise. It is only that I have a pressing matter in Makueni County. However, it is not a problem. Mr. Speaker, Sir, I take this opportunity to welcome the students from Garissa County to the Senate. I believe they will learn from their counterpart while visiting the Senate. While here, they will learn a lot from us and get inspired to become Senators one day and live their …

Proceed, Sen. Mungatana.

Mr. Speaker, Sir, I rise to join you in welcoming the delegation from Zambia. I serve as a Commissioner in the Competition Commission of

the Common Market for Eastern and Southern Africa (COMESA). We have held very many meetings in Lusaka. The people of Zambia warm my heart. If you listen to their television stations, they speak with a Nairobian accent. They also dress like Nairobi City people, laugh like us and even have nyama choma.

[(Laughter)]

[(Applause)]

Proceed, Sen. Kavindu Muthama.

Thank you, Mr. Speaker, Sir, for this opportunity. I join you and my fellow Senators to welcome the delegation from Zambia, Garissa County and the students from Tharaka Nithi County. I take this opportunity to welcome them. To the Zambian delegation, welcome to Kenya. This is a peaceful country and I am sure you will learn a lot from us and our staff. The lady called Rose; your surname sounds a l…

Proceed, Sen. Cherarkey.

Thank you, Mr. Speaker, Sir. I rise to also join you in welcoming the visiting delegation from Zambia. It is an honour to have them. I have noted that they are on a benchmarking visit and it shows that as Parliament, we are doing very well. Welcome. This is the Pan-Africanism that we need to see exhibited in Africa. We need to work together and share common practices. We do not need to fly to Uni…

Currently we have also Senator ‘More Fire’ from the Tharaka Nithi County. From the look of things, the House will be on fire, but not literally.

[(Laughter)]

Thank you, Mr. Speaker, Sir. One day I will be the Speaker. I take this opportunity to welcome my good school, Prince Alex Secondary School, in Tharaka Constituency, Tharaka Nithi County. This is a House of big and great minds. When I look at you, I see future Senators and Members Parliament (MP) . I am very sure from today; you are going to learn a lot. The big names that you hear on television…

Next Order.

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46 (3) and (4) , I have received the following Message from the Speaker of the National Assembly regarding the appointment of Members to the Joint Committee on Election of Members to the East African Legislative Assembly (EALA) . Pursuant to the said Standing Order, I now report the Message:

“PURSUANT, to the provisions of Standing Order 41 of the National Assembly Standing Orders, I hereby convey a Message from the National Assembly on its passage of the following resolution during its sitting of Thursday, October 13th 2022- THAT, ACKNOWLEDGING, that the East Africa Legislative Assembly (EALA) is established under Article 9 of the Treaty for the Establishment of the East African Com…

Mr. Speaker, Sir, I do not want to contribute on this Message. I had pressed the button earlier on so that I welcome the visitors.

Sen. (Dr.) Khalwale, you have the Floor.

Mr. Speaker, Sir, you have urged Members of the Joint Committee to perform their mandate in accordance to Standing Order No.230. I agree with you and request Members of the Committee to know that our representatives on the joint Committee are from the Senate; the House that is a symbol of equity. Once you are done with shortlisting, we would like to have nominated persons to serve as Members of t…

Let us go to the next Order.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Wednesday, 19th October, 2022. These are reports of the Auditor-General for the year ended 30th June, 2021, on the financial statements of the following- Report of the Auditor-General on the Financial Statements of County Executive of Nyandarua for the year ended 30th June, 2021. Report of the Auditor-General …

Report of the Auditor-General on the Financial Statements of Lamu County Executive for the year ended 30th June, 2021. Report of the Auditor-General on the Financial Statements of Lamu County Assembly for the year ended 30th June, 2021. Report of the Auditor-General on the Financial Statements of Lamu County Fisheries Revolving Fund for the year ended 30th June, 2021. Report of the Auditor-Gene…

Report of the Auditor-General on the Financial Statements of Nandi County Assembly for the year ended 30th June, 2021. Report of the Auditor-General on the Financial Statement of Kiambu County Executive for the year ended 30th June, 2021. Report of the Auditor-General on the Financial Statements of Kiambu County Assembly for the year ended 30th June, 2021. Report of the Auditor-General on the F…

Let us move on to the next Order.

Mr. Speaker, Sir, I have a request for a Statement on the human- wildlife conflict in Kibwezi East Constituency in Makueni County. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding human-wildlife conflict in Kibwezi East and Kibwezi West constituencies, among other sub-counties, in Makueni County. In t…

Thank you, Mr. Speaker, Sir, for your indulgence. I rise to issue a Statement on a topic of general concern. Today is Koitalel Samoei Memorial Day. It is normally held on the 19th of October. I rise pursuant to Standing Order No. 52 (1) to make a Statement on an issue of general topical concern and national importance, namely; Koitalel Samoei Memorial Day that is to be held today 19th October, 20…

Turgat and belonged to the Kaplelach age-set of the Nandi. For the benefit of the House, the President belongs to the same age set as Koitalel’s, the Kaplelach age-set. Even though he was the youngest, he was reportedly close to his father and displayed the greatest ability in understanding prophetic signs. Koitalel Samoei succeeded his father at the age of twenty-five as the Orkoiyot who was the…

other person who should be compensated for fighting for the country’s Independence. I call upon the country to join us in celebrating our hero; Koitalel Samoei, among other legendary heroes who fought for Independence in this country today 19th October, 2022. I request under Standing Order No. 52(3) that you refer this matter to the Committee on Justice, Legal Affairs and Human Rights. I wish eve…

Thank you, Mr. Speaker, Sir, for this opportunity to raise this Statement on human-wildlife conflict in Taita Taveta County. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources concerning the incessant human wildlife conflict in Taita Taveta County. In the Statement the Committee should-

Sen. Mwaruma, the approved Statement is substantially different from what you have just read out. Could you confirm the genuine Statement so that we know which one to go by. You may want to approach the Clerk’s desk to confirm that.

[(Sen. Mwaruma approached the Clerk-at-the-Table)]

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

What is your point of order, Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, that is a serious deviation from procedure. Our understanding is that before a Member reads a Statement, he has received the

consent of the Office of the Speaker and the Speaker has read and approved that Statement. If the Member is reading something which is divergent, it means it is without your approval. According to our Standing Orders and traditions, you should strike it out and the Member to seek a fresh opportunity to read his Statement.

Very well. Hon. Senator and that is why we need to verify because it is an approved Statement that carries the day, not any other Statement. Sen. Mwaruma, you may take your seat. I think we have managed to get to know where the problem is and indeed you have read the correct Statement. So, we rest that matter at that. Before we proceed, I would wish to order that the Statement by Sen. Cherarkey …

[(The Statement was committed to the Justice and Legal Affairs Committee)]

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

What is your point of order, Sen. Cheptumo?

Mr. Speaker, Sir, we were almost believing that the Hon. Senator misled the House by reading the wrong Statement. So, who is misleading the House?

Hon. Senator, that matter has been dealt with. Let us now listen to Sen. Olekina, please.

Mr. Speaker, Sir, I thank you for allowing me to comment briefly on the Statement that has just been read by the distinguished Senator from Taita Taveta. Earlier this year, we travelled to Masimba where four Maasais were killed by the police officers as a result of a demonstration by women because of the serious human- wildlife conflict. At that particular time, the issues which have been canvass…

they bring us a lot of tourist dollars. In fact, whenever the Maasai people kill a lion, they are sent to jail for five years. However, when a lion kills a Maasai, he is never compensated. It is about time that we started valuing our people and respecting the pronouncements from this House. When we stand here and we represent our people, we should be able to plead with the Executive to compensate…

Proceed Sen. Osotsi.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health on the state of healthcare service provision at the Vihiga County Hospital. In the Statement, the Committee should-

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

What is your point of order, the Senator for Laikipia County?

Mr. Speaker, Sir, did you see what the nominated Senator from Samburu did? She just left the Clerk’s table and she walked across without following the correct procedure of this House.

Senator, unfortunately she is very lucky, I did not see her. So, she may get away with that.

[(Laughter)]

Mr. Speaker, Sir, if you wish, let me make a comment. A few weeks back we received information that there are individuals who are asking for bribes at the Vihiga County Hospital for patients to be treated. Indeed, the county government carried the investigation and one person who is not even an employee of the hospital was arrested. This person has been at the hospital receiving money and, probabl…

Hon. Senator, after you have read the written Statement, you can now proceed to---

Mr. Speaker, Sir, that is why I asked for permission as to whether I should give my comments.

Permission was not granted. Once the Statement is committed, at some opportune moment, you will have that opportunity to do exactly what you are doing. Once you have read, let us leave it at that.

Thank you.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy on the status of viability of Lake Turkana Wind Power Project. In the statement, the Committee should-

Proceed to make the Statement please.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Committee on National Security, Defense and Foreign Relations

regarding the process of acquisition and distribution of relief supplies to Marsabit County. In the statement, the Committee should-

Sen. (Dr.) Lelegwe, you may proceed.

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

What is your point of order, Sen. Cherarkey?

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (3) . I know that it is at your discretion, but some of these issues are of great concern, especially the Turkana Wind Power Project. Standing Order No.53 (3) states that- “Where a Statement has been requested from a Committee pursuant to paragraph (1) -

I believe that the requests that are on the screens are for contributing to the two Statements made by Sen. Chute. If you do not intend to speak to those Statements, please exit the screen so that we pick the Members who would wish to speak to those Statements. Hon. Senators, I will pick one Senator from each side to contribute to the Statements made by Sen. Chute. Sen. Syengo, you may proceed.

Thank you, Mr. Speaker, Sir. The issues that the Senator brought on board are very key. The concerned Committees can take charge and give information and details on the same.

Sen. Cheptumo, you may proceed.

Mr. Speaker, Sir, I want to comment on one of the Statements which has been referred to my Committee. The issue of distribution of relief food in these affected areas is very critical. Sometimes the food supplied from the national Government do not reach the affected persons. Therefore, it is important that this House takes up this matter so that the supplies from the national Government which ar…

Thank you, Mr. Speaker, Sir. I rise to seek a Statement on the state of alleviating drought and famine in Arid and Semi-Arid (ASAL) Areas and other affected areas of Kenya. ` Pursuant to Standing Order 53 (1) , I seek a statement from the Senate Standing Committee on National Security, Defense and Foreign Relations on the Drought and Famine Crisis in ASAL Areas of Kenya and all other affected are…

I will give to one Senator from each side. We will hear from Sen. Mungatana, and then immediately after him, we will have Sen. Olekina from this other side. Sen. Mungatana, MGH: Mr. Speaker, Sir, I thank Sen. (Dr.) Lelegwe on this issue of drought. As the Committee looks at his statement and request, can they add why it is that in this ASAL regions, we cannot have the huge silos so that food can…

because it is such a predictable thing. There is the rainy season, then the dry season followed by drought. In those days, at least we knew there used to be strategic grain reserves. It is now a matter of national security that in our regions, such as Tana-River County, we do not have those strategic reserves. We do not have places where we can be assisted when there are problems. I do not know …

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

What is your point of order, Sen. (Dr.) Lelegwe Ltumbesi?

Mr. Speaker, Sir, I rise on Standing Order No.53 (a) . Last week on Thursday, there was an Adjournment of Motion to discuss the matter of drought in Kenya. You note that during the debate on that Motion, most Senators could not contribute on that very important matter currently in Kenya because of time. Therefore, this necessitated my statement today so that Senators get opportunity to speak on th…

Sen. (Dr.) Lelegwe Ltumbesi, are you suggesting that the Speaker is out of order?

Mr. Speaker, Sir, not at all. I am just requesting that you give us enough time because this is a very important time in our country now.

That is not a point of order. Proceed Sen. Olekina.

Mr. Speaker, Sir, thank you. I begin by thanking the distinguished Senator of Samburu County for raising this matter which we must talk about on a daily basis. When you wake up in the morning and watch Cable News Network, Inc. (CNN) , they will give you the news. Twenty minutes later, they will remind you of the news and keep reminding you until someone acts. Drought is ravaging our economy. Our…

Mr. Speaker, Sir, thank you. I begin by thanking the distinguished Senator of Samburu County for raising this matter which we must talk about on a daily basis. When you wake up in the morning and watch Cable News Network, Inc. (CNN) , they will give you the news. Twenty minutes later, they will remind you of the news and keep reminding you until someone acts. Drought is ravaging our economy. Our…

[(Applause)]

[(Applause)]

[(Applause)]

Hon. Members, I know you wish to speak on this matter. Unfortunately, according to the Standing Orders, however generous I should be, I can only stretch it to 15 minutes. We have gone long beyond the 15 minutes on that Statements. So, we will rest there and move to the next Statement. Sen. Olekina, please request. If you are not ready, we will understand. Sen. Kibwana, please, proceed.

Thank you Mr. Speaker, Sir---.

Senator, please just have your seat. Sorry to interrupt. Hon. Senators, allow me to make this Communication before we allow the Senator to make a request.

[(Interruption of Statements)]

Senator, please just have your seat. Sorry to interrupt. Hon. Senators, allow me to make this Communication before we allow the Senator to make a request.

[(Interruption of Statements)]

Bw. Spika, nimefurahia kusikia wageni kutoka Kaunti ya Embu wametutembelea. Ninawakaribisha waje waone vile tunafanya kazi. Ni Baraka kuwa nao hapa. Bw. Spika, mjue kwamba kuna njaa katika Kaunti ya Embu. Kuna njaa kule Kiambere na Mutuobare. Mbuzi wanakufa na miraa imekauka. Kwa hivyo, ninaomba---

Hon. Senator, restrict yourself to welcoming the visitors.

Bw. Spika, ni sawa. Nikimalizia, tunapoongea mambo ya janga la njaa, mkumbuke Kaunti ya Embu kuna njaa. Tuangalie jinsi tunaweza kuchimbiwa mabwawa ili tuweze kuwa na kilimo kizuri.

Bw. Spika, ni sawa. Nikimalizia, tunapoongea mambo ya janga la njaa, mkumbuke Kaunti ya Embu kuna njaa. Tuangalie jinsi tunaweza kuchimbiwa mabwawa ili tuweze kuwa na kilimo kizuri.

Sen. Kibwana, please proceed.

I will allow some intervention on this. This is a weighty matter which has been highlighted in the mainstream media. So, if we are brief, we will hear more Senators because we only have 15 minutes to offer. Sen. Madzayo, please proceed. The Senate Minority Leader (Sen. Madzayo) :

Bw. Spika, madaktari kutofika hospitali katika masaa yanayotakikana ili kuokoa maisha ya wagonjwa, ni jambo ambalo linaonekana linaanza kupata moto kila mahali. Huu utepetevu unatendeka maeneo ya Kisumu, Kilifi na pia hapa Nairobi. Ninaomba hiyo Taarifa ijumuishwe pamoja na ya Mhe. Kamoti ili ziangaliwe pamoja. Ni kwa sababu gani madaktari hawakuwa kazini na kama walikuwa kazini, ni kwa nini wali…

Mr. Speaker, Sir, the story of Travis is a sad one. The mother lost her two-year-old simply because she had gone to a public hospital which is supposed to offer services in this country. As mothers, we go through pain if we are not attended to because of lack of money. All the doctors did at KNH was to look at the innocent child and take photos. It is sad that we are still losing children, yet w…

Unfortunately, 15 minutes are over. If you take less time, we will allow more Senators to speak. However, the two Senators, especially the Senator for Kilifi decided to speak for more than 10 minutes. Yes, it is a live matter, but we are guided by the Standing Orders. It is stated that the Speaker may allow for comments in relation to the Statement for not more than fifteen minutes. The next Sta…

[(An hon. Senator spoke off record)]

On a point of order, Mr. Speaker, Sir. This is a matter of procedure and it requires that you give us a considered ruling. What you are talking about is Standing Order No.53 (3) . Standing Order No.53 (3) (a) requires you to allow for comments for 15 minutes. Standing Order No.54 (4) states as follows- “The Speaker may allow the Senator who made the request for a Statement under paragraph (1) or …

[(An hon. Senator spoke off record)]

Unfortunately, 15 minutes are over. If you take less time, we will allow more Senators to speak. However, the two Senators, especially the Senator for Kilifi decided to speak for more than 10 minutes. Yes, it is a live matter, but we are guided by the Standing Orders. It is stated that the Speaker may allow for comments in relation to the Statement for not more than fifteen minutes. The next Sta…

[(An hon. Senator spoke off record)]

On a point of order, Mr. Speaker, Sir. This is a matter of procedure and it requires that you give us a considered ruling. What you are talking about is Standing Order No.53 (3) . Standing Order No.53 (3) (a) requires you to allow for comments for 15 minutes. Standing Order No.54 (4) states as follows- “The Speaker may allow the Senator who made the request for a Statement under paragraph (1) or …

[(An hon. Senator spoke off record)]

On a point of order, Mr. Speaker, Sir. You need to protect me from Sen. Korir because you are the only one who can rule me out of order. Mr. Speaker, Sir, you need to provide further guidance in view of Standing Order No.53. It talks about 15 minutes, but Sen. Madzayo spoke for more than the requisite time. If you allow us 15 minutes, maybe each Senator should speak for two minutes on such a matt…

Hon. Senators, sometimes it is not good for the Chair to micromanage Members. If you know well that the window that we have to comment on a weighty matter is 15 minutes and every Senator wishes to contribute, the Chair does not need to micromanage you. However, now that we are unable to manage our time, you will allow me to micromanage in the next Statement, when such an opportunity arises. I am r…

On a point of order, Mr. Speaker, Sir. You need to protect me from Sen. Korir because you are the only one who can rule me out of order. Mr. Speaker, Sir, you need to provide further guidance in view of Standing Order No.53. It talks about 15 minutes, but Sen. Madzayo spoke for more than the requisite time. If you allow us 15 minutes, maybe each Senator should speak for two minutes on such a matt…

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the relocation of Government administrative services from Chuka Town to Kathwana Town Headquarters in Tharaka-Nithi County. In the Statement, the Committee should-

I am well guided, Mr. Speaker, Sir. I have a second Statement. I do not know whether I should proceed.

Hon. Senator, proceed.

I am well guided, Mr. Speaker, Sir. I have a second Statement. I do not know whether I should proceed.

Hon. Senator, proceed.

I rise Pursuant to the Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Lands, Environment and Natural Resources concerning the diversion of the rivers originating from Nyambene Hills and Mt. Kenya by the locals in the neighboring Meru County. In the Statement, the Committee should-

I believe that we are okay with those Statements since there is no intervention. Let us move to the Statement by Sen. Orwoba.

Thank you, Mr. Speaker, Sir. I have been given authority to read the Statement on behalf of Sen. Orwoba. The same has been communicated to the Clerk and approval sought and granted. I rise Pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Information, Communication and Technology (ICT) on allegations on data poor protection measures in the sim card registrat…

Thank you, Mr. Speaker, Sir. The Senate Majority Leader is accompanying the Deputy President to a national function and has, therefore, appointed me to hold his brief. Mr. Speaker, Sir, pursuant to Standing Order No. 57 (1) , I hereby present to the Senate the business of the Senate for the week commencing Tuesday, 25th October, 2022. As you are aware, tomorrow, 20th October, 2022 is a public hol…

Mr. Speaker, Sir, before I lay the Statement, allow me to congratulate Members from the Minority and Majority side of this House. We have been around and seen that there are a new crop of Senators who are completely committed to their work. Nobody has embarrassed us. Also, we have not had cases where a Motion has collapsed because of lack of people who can contribute to it and neither have we had …

[(Applause)]

B. County Public Investments and Special Funds Committee

Madam Temporary Speaker, I beg to move- THAT, aware that many urban areas and towns in Kenya lack designated car parking areas as a result of imbalance between parking supply and demand mainly due to ineffective land use planning and miscalculations of space requirements, thereby leading to exorbitant parking fees; NOTING THAT, most essential services offered in hospitals, educational institutions…

CONCERNED, that access to hospitals, educational institutions, airports, shopping malls and other places offering essential services might be hindered due to exorbitant parking fees levied on motorists accessing these services; FURTHER CONCERNED, that charging entry fees amount to double taxation as the motorists who would have paid the parking fees will still pay for the services they seek; NOW T…

Sen. Sifuna, it is now 6.30