Senate · Afternoon Sitting

Hon. Senators, I have a message concerning the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bills No.45 of 2022) . Majority Leader, you can have your way to your seat.

[(The Senate Majority Leader (Sen. Cheruiyot stood at the Bar)]

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 Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bills No. 45 of 2022). The message dated Tuesday 26th March, 2024 was received on Wednesday 27th Ma…

Mr. Deputy Speaker, Sir, I beg to lay the following papers on the table of the Senate, today, Thursday, 28th March, 2024- Report of the Auditor-General on the Financial Statements of Kiambu County Assembly Staff Loan Scheme Fund for the year ended 30th June, 2023.

Report of the Auditor-General on the Financial Statements of Kiambu County Emergency Fund for the year ended 30th June, 2023. Report of the Auditor-General on the Financial Statements of Turkana County Climate Change Fund for the seven (7) month period ended 30th June, 2023. Report of the Auditor-General on the Financial Statements of West Pokot County Assembly Car Loan and Mortgage Scheme Fund …

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 Health regarding the poor state of healthcare provision in hospitals within Lamu County. In the statement, the Committee should-

There is a Statement under Standing Order No.53 (1) by Sen. Sifuna. Sen. Maanzo, proceed and read out the Statement on his behalf.

Thank you, Mr. Deputy Speaker, Sir. Speaker. I rise pursuant to Standing Order No.53 (1) , on behalf of Sen. Sifuna, the Senator for Nairobi City County, to seek a Statement from the Standing Committee of Energy regarding the Government- to-Government (G2G) Agreement on the supply of petroleum products to Kenya. In the Statement, the Committee should-

Sen. Maanzo, I do not know why you have really struggled to read that Statement. I was wondering whether it was handwritten; you have really struggled. Sorry for that. There are other Statements. Sen. Chimera, you may proceed.

Thank you, Mr. Speaker, Sir. I have two Statements. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Land, Environment and Natural Resources regarding land adjudication challenges and the plight of squatters at Lunga Lunga Ranch in Kwale County.

In the statement, the Committee should-

Proceed, Sen. Tobiko.

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, Defense and Foreign Relations regarding the death of Inspector Felix Kelian Kintosi of the Directorate of Criminal Investigations (DCI) , Dagoretti Sub-County. In the statement, the Committee should-

Thank you. Proceed, Sen. Ali Roba.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy concerning the frequent power outages in Mandera County. In the Statement, the Committee should-

Proceed, Sen. Cherarkey.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding irregularities involving land owned by Kenya Railways Corporation. In the Statement, the Committee, should-

Proceed Sen. Kavindu Muthama.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to to Standing Order No.53 (1) to seek a Statement from the Standing Committee of Land, Environment and Natural Resources regarding the compulsory acquisition of private land, LR No. 2086 belonging to the late Reuben Mutuma, Nthwaka in Mutituni Market, Machakos County by the defunct County Council of Machakos. In the statement, the Committee, sh…

Thank you. Proceed Sen. Miraj.

Thank you, Mr. Deputy Speaker, Sir. I will read the Statement on

I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Health regarding healthcare provision to teenage and adolescent mothers in public healthcare facilities. In the statement, the Committee should-

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the operations of the Water Sector Trust Fund (WST) . In the Statement, the Committee should-

Let us proceed to Statements under Standing Order No. 52 (1) . Sen. Lemaletian, proceed.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern, namely, the need for responsive budgeting to buffer the mental health landscape. We are vividly aware that Kenya is experiencing a rapid increase in suicides, mental health conditions, substance use and abuse and addictive disorders of epidemic

proportions - an indication of enormous social challenges and unmet needs at the social level. Stigma and discrimination are major barriers to the improvement of the mental health and well-being of the population as they contribute to the violation of the human rights of people with mental and psychosocial disabilities. Furthermore, inadequate investment in mental health worsens the situation by …

Thank you, Sen. Sifuna, proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern namely, the exclusion of the Kenya Lionesses rugby team from the Kenyan team to the just- concluded Africa Games, 2024 Edition, which took place in Accra, Ghana.

Even though the country was represented by several sporting disciplines, including hockey and volleyball, inexplicably, the women's Rugby Sevens team was not facilitated to travel. Unfortunately, this happened in the backdrop of the upcoming Repechage Tournament, scheduled for Monaco in June, 2024, at which the Lionesses will be staging one last fight to secure an Olympic ticket to Paris 2024. The…

Thank you. Let us get the Statement by the Majority Leader under Standing Order No.57 (1) .

Thank you, Mr. Deputy Speaker, Sir. Pursuant to Standing Order No.57 (1) , I hereby present the business of the Senate for the week commencing Tuesday, 16th April, 2024. As hon. Senators are aware, at the rise of the Senate today, the Senate will proceed on recess until Tuesday, 16th April, 2024 pursuant to the Senate calendar that we passed on 15th January, 2024. During the sittings of the Senat…

Thank you very much for the wishes. Next order.

Hon. Senators, this was a very tight race. The results are as follows-

to a Committee of the Whole tomorrow) Next Order.

Serjeant-at-Arms, close the doors and draw the bar. Order, Senators. Hon. Members, log out. Log in again and proceed to vote.

[(The Bar was drawn and the doors closed)]

Thang’wa, Kiambu County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.

Hon. Senators, these are the results of the Division- Sen. Cherarkey, you do not need to run along, you just freeze. You are an old Member of this House.

[(Sen. Cherarkey walked towards his seat)]

Sen. Cherarkey Samson Kiprotich, you may have the Floor.

Mr. Deputy Speaker, Sir, thank you for allowing us to proceed debating this Bill. From the onset, I support. I think it is a high time that the fight against corruption must be dealt a big blow to the head. Some people imagine that you need to be in a public office to be wealthy or rich.

The Bible says in Proverbs - I do not know the specific verse - your children will inherit the wealth that you have created out of hard work, toil and sweat, but the ill-gotten one, will be eaten by moths, rodents and termites. I know the Bishop concurs with me on that. I agree with the definition of conflict of interest. (Sen. Tabitha Mutinda and Sen. Tabitha Keroche consulted loudly) Mr. Deputy…

The two Tabithas, I do not know why they are arguing.

The two Tabithas, what is the issue with both of you?

Coincidentally, they are smiling around the Senate Majority Leader. I do not know if it is because Easter Holiday is near. Mr. Deputy Speaker, Sir, I will just make four points. When you look at leadership and integrity, it talks about conflict of interest. What we are doing is just to enrich it. This is because, the architect and design of the Constitution is just to give us the structure. As a …

country, we must take these issues seriously. Every wealth, even if you buy a watch, a car or property, no matter the worth, as a public official, you must tell us. In this country, we are aware of people who use their offices to enrich themselves. We cannot gerrymander in the fight against corruption. The Ethics and Anti-Corruption Commission (EACC) has been given a function, but I have little f…

come home to roost when EACC will tell us what they are doing in Machakos, Kitui, Makueni and Nandi in the fight against corruption. Last time I said that Nandi is the headquarters of corruption. There is a lot of plundering happening, but EACC has done nothing. We have reported on a number of occasions, but what the EACC does is to smile at the camera with the governors and officials and then the…

Sen. Cherarkey, I can see there is an intervention, meaning there is a point of order from Sen. Lemaletian Hezena. Senator, what is your point of order?

Mr. Deputy Speaker, Sir, Sen. Cherarkey should substantiate the claims that EACC receives phone calls. Thank you.

Sen. Cherarkey.

Mr. Deputy Speaker, Sir, I said ‘as if’ they are receiving phone calls. I am guided by the HANSARD if it is contrary because I said ‘as if they are receiving’. ‘As if’ is maybe. I did not say ‘shall’. That is what I meant. I thank my sister. She is doing a good job and maybe, she wants something in Samburu County in future. Mr. Deputy Speaker, Sir, on the issue of gifts and other benefits, this l…

corridors and you know this law, where you are given a gift, even when we welcome you as a Speaker. When you come to my home and I give you a gift as a friend, I do not know whether you should declare because I can give you a cow. That is the highest respect my community can give. I do not know whether you will donate the cow to the Senate or what happens because you are a public official. Those …

criticism. You are aware I am in court for only representing my people, speaking out and raising serious issues. The law has ruled and senior Counsel Sen. Maanzo will agree with me, together with our junior learned friend Sen. Raphael Chimera, that any public official does not have limitation in terms of criticism. So, I find it odd and weird that if Sen. Cherarkey can be sued for speaking about r…

Sen. Cherarkey, there is a point of order from Sen. Chimera.

Make it brief.

Mr. Speaker, Sir, I rise under Standing Order No.105. Is Sen. Cherarkey factual by stating that I am his junior in law? He was admitted the other day, I think in 2020. I have practiced law for over six years, so he is actually my junior and not what he is trying to say. Whatever he is saying is misleading the House. Can he clarify? I am actually his senior in practice, he should withdraw and apolo…

Maybe I should request both of you to bring your certificates of admission, so that I can make the determination. If I use my eyes physically, you look junior to him but maybe not academically.

Mr. Deputy Speaker, Sir, maybe I cannot get factual on the statement of fact under Standing Order No.105, since I do not know when he was admitted. Allow me to withdraw that part called junior and call him my learned friend. However, you do not need to question the chairman emeritus of the Justice and Legal Affairs Committee (JLAC) because the fact that I am the chair emeritus of JLAC, that surpas…

[(Interruption of debate on Bill)]

Before we proceed with the debate on this Bill, I want to give the chairperson of JLAC a chance to table the report on this Bill, so that Senators interested can also peruse the report from JLAC.

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate:- The Report of the Conflict of Interest Bill, 2023 (National Assembly Bills No.12 of 2023) .

[(Sen. Wakili Sigei laid the document on the Table)]

Let us get the other Paper from the chairperson, Committee on Finance and Budget. Lay the Paper and proceed to give Notice of Motion.

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the table of the Senate today, the 28th of March, 2024:- Report of the Standing Committee of Finance and Budget on the Status of Implementation of Projects funded by the Conditional Grant of Construction of County Headquarters.

[(Sen. Ali Roba laid the document on the Table)]

NOW THEREFORE, the Senate resolves that the National Government through the Ministry of Interior and National Administration and in collaboration with the Council of Governors:

This Motion is deferred to the next sitting. Next Order.

recovered by people who are owed money by county governments and, therefore, development will be hindered. As they say, you make hay while the sun shines. This is an opportune time to look at Governor Sakaja and ask him what he plans to do with Kshs107billion and move to Governor Wamatangi, our good friend, and ask him what he plans with this Kshs5 billion, so that we can have onward, up to Gover…

I have seen contractors from Narok County, who have rushed to the Controller of Budget (CoB). They have camped to there and told the CoB that when Narok County requests money, do not give out because the law under the county government's regulations demands that pending Bill must be the first charge of a county. Seeing my time, I will try to summarize so that at least my colleagues can contribute…

Thank you. Mr. Temporary Speaker, Sir, I second this Motion; a very important conversation that Senate must lead the country to have. Sen. Ledama, this is long overdue. I have mentioned this a couple of times, but have not been as diligent as Senator Ledama to actually do something about it. If we continue to stare at our counties make the economic mess of themselves as they continue to do, in a …

recovered by people who are owed money by county governments and, therefore, development will be hindered. As they say, you make hay while the sun shines. This is an opportune time to look at Governor Sakaja and ask him what he plans to do with Kshs107billion and move to Governor Wamatangi, our good friend, and ask him what he plans with this Kshs5 billion, so that we can have onward, up to Gover…

coin to be paid for work that they did in our various county governments. Nobody will give an excuse. Therefore, with those very many remarks, Mr. Temporary Speaker, Sir, I beg to second and appreciate the industry of Sen. Ledama Olekina in leading the Senate in having this important conversation upon whose successful determination will set our counties on a solid platform of transformation and s…

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

What is your point of Order, Sen. Cherarkey?

[(Interruption of debate on Motion)]

Mr. Temporary Speaker, Sir, I beg to move that the Debate on this Motion be adjourned pursuant to Standing Order No.110 (1) to enable the Motion of the Senate to be moved. As you are aware, just in quick succession, today, we are going for recess for the next 10 days, and as per the tradition of the House and our Standing Order, we normally must do an adjournment Motion. This is a very important…

Mr. Temporary Speaker, Sir, I second.

[(Question, that debate on the Motion be now adjourned, put and agreed to)]

Hon. Members, pursuant to the passage of that Motion, Order Nos. 15, 16, 17, 18, 19, 20 and 21 are hereby deferred to

allow the Motion of Adjournment of the Senate to be moved by the Senate Majority Leader. Therefore, I call upon the Clerk to call Order No.23 on the Order Paper.

Mr. Temporary Speaker, Sir, kindly put the Question.

Alright. Hon. Senators, since there are no Members interested in speaking to this Motion, I will proceed to put the Question.

[(Question put and agreed to)]

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until Tuesday, 16th April, 2024, at 2.30 p.m. The Senate rose at 6.30 p.m.

Thank you, Mr. Temporary Speaker, Sir. I beg to second this Motion because we are approaching a very important season of Easter holiday. I believe that most Members will get an opportunity to interact with their constituents and members of their counties. I come from Lamu County where most of our brothers and sisters are in the holy month of Ramadhan. I believe the Muslim Senators will also get ti…

I call upon hon. Members who wish to speak on this Motion--- (Several Members spoke off record)

Mr. Temporary Speaker, Sir, kindly put the Question.

Alright. Hon. Senators, since there are no Members interested in speaking to this Motion, I will proceed to put the Question.

[(Question put and agreed to)]