Senate · Afternoon Sitting

Serjeant-at-Arms, kindly ring the quorum bell for five minutes. I confirm that we have quorum. We shall proceed with the business of the day. First Order.

[(Quorum Bell was rung)]

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of visiting students from the Karatina University Political Science Association (KUPSA) . The Delegation comprises of 40 students who are in the Senate for a one-day academic exposition and workshop. I will proceed to read their names, so that we know exactly who they are. Once I call out your name, k…

Peace Maina Emmanuel Ndungi Vincent Karanja Zacharia Ombati Kiprotich Kipchumba Elijah Mwangi Abong Samson Ochieng’ Mark Collins Kalama Solomon Nderitu Were Stallone Kevin Uhuru Mary Wambui Bromick Russell Alvin Kinyua Mwangi Fredrick K. Ngetich Enock Makori Ogamba Sherry Adhiambo Rodi Cavinryan Otieno Emmanuel Kipchumba Barasa Nyongesa Javan Peter King’ori Wilkister Awuor Mercyline Thuo Kageni Mw…

[(Applause)]

Mr. Speaker, Sir, thank you for hosting the Political Science group of students from Karatina University. Karatina University is one of the new institutions in Kenya and situated at the slopes of Mt. Kenya. As you have noticed while reading out the names, the students are from across the country. It is the face of Kenya. Being Political Science students, we are looking upon them as leaders of tom…

also get what it takes in education and skills learnt along in life. That is what will take this country forward. I also thank the students from Karatina University for overwhelmingly supporting and electing the Kenya Kwanza Government. I thank them for supporting me to be the Senator for Nyeri County. I look forward to have a word with them after this. Welcome to the Senate.

Hon. Senators, I have a further Communication to make. I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of a visiting delegation from Vihiga County Assembly. The delegation comprises of Members of the County Assembly (MCAs) of Vihiga County. They are on a one-day study tour with the Committee on County Public Investments and Special Funds (CPISF) . I request each …

[(Applause)]

Thank you, Mr. Speaker, Sir. I thank the hon. Members of Vihiga County Assembly for paying us a visit. They have just attended a meeting of the Committee on CPISF, where we were looking into the issue of Amatsi Water Company. They played a big role in supporting the Committee in that regard. I encourage this kind of partnership between the Senate and the County Assembly, especially in our Committ…

The MCAs play a big role in oversight. They perform primary oversight. As the Senate, we need to strengthen that role. If primary oversight does not work, then definitely, secondary oversight will have challenges. As I am talking to you now, I am very depressed because the Salaries and Renumeration Commission (SRC) has mishandled MCAs. They reduced their salaries significantly and now, SRC is ask…

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

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

Mr. Speaker, Sir, nothing is out of order. I am just rising to seek your indulgence because of the beautiful mosaic of our community. The MCAs in the Gallery now are just as much as they are my MCAs as they are for Sen. Osotsi. If I could just acknowledge them.

Go ahead.

Thank you, Mr. Speaker, Sir. Allow me to send the MCAs to go and greet the Governor and the rest of the MCAs back home. More importantly, I would like to urge the MCAs to deliberately create partnerships with the MCAs of Kakamega, especially for purposes of realising crosscutting projects like now, we have a road, which we have fixed on the Kakamega side, but from the Eregi Junction all the way t…

What is you point of order, Sen. Cherarkey?

Mr. Speaker, Sir, I am seeking your indulgence since I am the Vice-Chairperson of the Senate Standing Committee on Public Accounts and I can see there is my counterpart or the Vice-chairperson of Public Accounts from Vihiga County. I extend a warm welcome on your behalf and our Committee. I think they went to CPISF. As the Public Accounts Committee, we will be more gracious host and guide upon th…

Secondly, as my brother Sen. Osotsi has stated, the SRC is on a mission to not only kill the MCAs, but dismember them. How do you put tax on a car grant? That is why I said yesterday that SRC is nowadays usurping powers that do not belong to them. Their role is just to advise. If we are not careful in the words of a famous philosopher, it will be like “when they came for the MCAs, no one spoke fo…

Thank you, enough for that order. Next Order.

Before I call the Senate Majority Leader to lay the Papers, Hon. Senators allow me to make a further Communication. I would to acknowledge the presence in the Speaker’s Gallery this afternoon a visiting delegation from the County Assembly of Makueni. The delegation comprises staff of the County Assembly of Makueni, who are in the Senate on a one-week study visit. Hon. Senators, I request each me…

[(Applause)]

Thank you, Mr. Speaker, Sir, for that recognition. For purposes of record, I am not the Senator of Makueni, but I am privileged to be a friend of the people of Makueni. I welcome our visitors and remind them the turbulent times when the County Government of Makueni was starting in the year 2013/2014 or thereabout. There was an attempt for paralysis of the services of the county, together with you…

Sen. Tabitha Keroche, proceed to lay the Paper.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 1st March, 2023– Report by the Office of the Controller of Budget (CoB) on First Half National Government Budget Implementation review for Financial Year 2022/2023.

[(Sen. Tabitha Keroche laid the document on the Table)]

Next Order, Clerk.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) , to make a Statement on an issue of general topical concern, namely; the just concluded campaign by women legislators in the Senate and the National Assembly on the African Fashion Week. Mr. Speaker, Sir, during the week, the women Members of Parliament (MPs) donned African wear, in support of our local tailors in a campaig…

The African clothing has gained recognition and appreciation on the global stage. By promoting the African dress code, we can showcase the beauty and diversity of Africa to the world and promote our country's tourism industry. Mr. Speaker, Sir, I propose, therefore, that the Senate takes the following actions:

Proceed, Sen. Orwoba.

Thank you, Mr. Speaker, Sir. I rise to support the Statement and contribute a little on that, if it is okay.

Sen. Orwoba, go ahead.

Thank you, Sen. Kibwana for bringing this Statement and I fully support it. As you can see, I am still dressed in African attire and despite the ins and outs of the politics that women have here in Parliament, I always say I support a cause. I wish that other women would have that motive to support a cause. This is a very good cause. I feel that as we are pushing for the economic change in this …

Sen. Kibwana, thank you for bringing this Statement to the House. I hope it is referred to our Committee on National Cohesion and Equal Opportunity. There, we will deal with it as it should be.

Proceed, Sen. Methu.

Mr. Speaker, Sir, I agree with the last statement of Sen. Orwoba, that this Statement should be referred to the Committee on National Cohesion and Equal Opportunity. The traders that we seek to support by promoting African wear are the people that we kept mentioning about when we were campaigning, especially those of us on the Government side. We are in a national discussion and discourse on our…

Proceed, Sen. Veronica Maina.

Mr. Speaker, Sir, this is one of the best Statements that I have heard since we got back from recess. During the African Fashion Week last week, women legislators looked their best. Notably, the dress code was fully approved by everybody that I met on the corridors of Senate. It was not just endorsed by the Senate, but it seems to have also been fully approved. It was with a Kenyan heartbeat. Th…

Mr. Speaker, Sir, I noted that our male colleagues intended to even support the campaign by dressing up in an African attire. Unfortunately, our Standing Orders were not able to define how Sen. Olekina has re-defined himself into wearing a Maasai cultural dress and gets away with it. They did not know how they could get away with putting on an African attire without attracting the sanctions of the…

Proceed, Sen. Tabitha Keroche.

Mr. Speaker, Sir, thank you for giving me this opportunity. I thank Sen. Kibwana for bringing up this Statement. Mr. Speaker, Sir, mine will be to push and ensure that even the material that we use to make those African attires comes from here, so that we improve our textile industries. They should not just be seen making materials that go abroad to make suits, which come back here at exaggerated…

before the morning. We pushed the tailors. I am sure that industry has picked and grown from where it was during the campaigns of Kenya Kwanza. We should come all of us and ensure that we wear the African print. We should also ensure that the material is from here. We will grow this industry and be proud to say, “buy Kenya and build Kenya.” Thank you, Mr. Speaker, Sir.

Hon. Senators, due to the great value this Statement brings, pursuant to Standing Order No. 52 (3) , I direct that the same be committed to the Standing Committee on Labour and Social Welfare. If need be, that Committee could co- opt the Standing Committee that deals with matters cohesion, so that we have a holistic approach. Sen. Veronica Maina, I may not direct the male Senators to wear African…

[(The Statement was committed to the Standing Committee on Labour and Social Welfare)]

Mr. Speaker, Sir, I rise, pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Agriculture, Livestock, and Fisheries regarding the status of the National Agricultural and Rural Inclusive Project popularly known as NARIGP in Vihiga County.

In the Statement, the Committee should-

Proceed, Sen. Crystal Asige

Thank you, Mr. Speaker Sir. I had hoped that you would have seen my request from the last Statement that is what I was pressing my microphone.

Proceed, Sen. Methu.

Thank you, Mr. Speaker, Sir. I confirm that I pressed to speak on this particular Statement. I have interacted with the question that has been posed by the Senator for Vihiga on the specifics of the NARIGP Project that has been undertaken by the donor fund. Mr. Speaker, Sir, we might run into a risk. Sen. Cherarkey, who is sitting here, myself and others sit in the County Public Accounts Committe…

may not be answered as clearly as they should, especially on these conditional grants. That is just one. There are other conditional grants that are in billions of shillings. There is money for Financing Locally-Led Climate Action (FLLCA) Program which is in the disbursement schedule that we passed which is approaching Kshs7 billion. There is money for Danish International Development Agency (DAN…

Sen. Okiya Omtatah?

Thank you, Mr. Speaker, Sir. I stand to support the Statement by Sen. Osotsi and also support the comments made by Sen. Methu that we should expand the scope of that Statement to include all counties that have received this fund so that we can do it, once and for all. This is because each one of us will come here to ask that for our respective counties. The Committee will then give us a comprehen…

Sen. Wafula, you may have the Floor.

Thank you, Mr. Speaker, Sir. Kuhusiana na mradi wa NAGRIP ambao Mhe. Osotsi ametaja, vile vile, katika kaunti ambayo nawakilisha hapa Bunge, kuna maswala tata ambayo Kamati ya Ukulima na Mifugo lazima iangazie.

Hii ni kwa sababu tuko katika mfumo wa kupokezana awamu ya uongozi kutoka gavana waliokuwepo na wale ambao wameingia sasa. Hivi kwamba, katika bajeti kuna fedha ambazo zinaenda katika kaunti zetu. Itakuwa jambo la busara Kamati ya Ukulima na Mifugo iweze kuangazia maeneo haya kwa haraka ili iwapo kuna wale ambao wamekuwa wakijipa kandarasi, ama vile vikundi vya wakulima mashinani, iwapo kikundi ki…

Hon. Senators, in response to the request made by Sen. Methu, this programme is not just confined to Vihiga County, that much I know. It is also not spread across the 47 counties. As we commit this Statement to the Standing Committee on Agriculture, Livestock and Fisheries, as they retire and go through this, I direct that they go beyond Vihiga County and bring all the counties where this programm…

Let us now have the Senator for Kisumu County, Sen. Prof. Tom Ojienda, SC.

Madam Temporary Speaker, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee for Roads, Transportation and Housing concerning the state of the 63km Kisumu-Chemelil- Muhoroni Road. In the Statement, the Committee should-

Continue, Senator.

Madam Temporary Speaker, again, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget, regarding Pending Bills in Kisumu County Government. In the Statement, the Committee should-

We have one more Statement from the Senator of Taita Taveta County, Sen. Mwaruma. Due to his absence, that Statement is also deferred.

Let us move on to the next Order.

This Motion is deferred due to quorum. It shall resume on 2nd March, 2023. Next Order.

Madam Temporary Speaker, I beg to move that the Natural Resources (Benefit Sharing) Bill (Senate Bills No. 6 of 2022) be now read a Second time. Kenya fought for independence. In the year 1952 a state of emergency was declared for this country. People died; over 20,000 people died fighting for the land that belonged to the people of Kenya. At that time, we were under the colonial rule. The coloni…

that the communities that are living within those counties can benefit. Counties should realize the second fight for independence and the resources in their land. This Bill provides for a way in which we can enforce a system of sharing the natural resources that are found within the area. There are benefits which come from the exploitation of these natural resources. For the first time, we are pr…

surrendering the money. However, there is no legal framework set out for the money to leave the National Treasury and reach the local communities. This Bill will solve and unlock the problem that is there. Those are the extractives. I was just setting out. I spoke about light, titanium and gypsum. I hope you remember what was called Project Oil Kenya. These are the joint partners of Tullow Oil pl…

This Bill is like our second liberation. We did not just fight for the land, but also fought for the natural resources. This Natural Resources (Benefit Sharing) Bill will set up a new way of doing things and remove the confusion that is there right now. The Petroleum Act gives a very different benefit sharing formula. They will say the national Government takes 75 per cent, county government take…

The Commission on Revenue Allocation (CRA) has been mentioned in this Bill. We want it to be responsible for the making and preparation of the Benefit Sharing Agreements (BSAs). Madam Temporary Speaker, BSAs are the agreements I am talking about and which clearly set out what the national Government, county governments and local communities are supposed to get. The BSAs are so critical to this wh…

Sen. Orwoba, that is out of order.

Madam Temporary Speaker, BSAs are critical because they set out what the local community, county government, national Government and natural resource exploiter are getting. The BSAs establish the County Benefit Sharing Committees in each county. The work of this Committee is to negotiate. Note that the negotiations take place before the natural resource exploiter is allowed to commence the work. A…

Hon. Senators, it is now 6.30