Senate · Afternoon Sitting
Wednesday, 1 November 2023
Senator Cherarkey introduced the Prevention of Livestock and Produce Theft Bill, highlighting the severe impact of cattle rustling on Kenya's economy and rural livelihoods. He advocated for measures such as mandatory branding, a national livestock database, and coordinated security efforts, while stressing the need for broader development in the affected northern regions. The speech combined criticism of current insecurity with constructive proposals for legislative and infrastructural reforms. The Senate session opened with procedural formalities and the Speaker introduced the County Assemblies Legislation Tracker to enhance transparency and oversight. Senators welcomed a delegation of Starehe Boys Centre students and highlighted the importance of the Open Government Partnership, noting challenges in counties like Kisii and Meru. The House then proceeded to lay multiple Auditor‑General reports on the financial statements of several county hospitals for the 2022 fiscal year. Senators raised concerns over government bailouts of inefficient parastatals, urging accountability for corruption before any debt waivers. The discussion shifted to Telkom Kenya, with senators warning against foreign control of the ICT backbone and calling for a thorough committee inquiry into telecom contracts and data storage practices.
Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.
[(The Clerk-at-the-Table consulted the Speaker)]
[(The Quorum Bell was rung)]
[(Several Senators walked into the Chamber)]
Hon. Senators, I am informed that we now have quorum. Clerk, kindly proceed to call the first Order. Hon. Senators kindly hasten to take your seats. I have a Communication to make.
The County Assemblies Legislation Tracker is a platform where information on legislation passed or being considered by the county assemblies is uploaded. The platform will also provide a centralised online space where members of the public and relevant stakeholders may access Bills or legislation being processed by specific county assemblies and promote openness, transparency and public involvemen…
[(Applause)]
Thank you, most sincerely, Mr. Speaker, Sir, for the opportunity to welcome the students from Starehe Boys Centre in Nairobi City County. Starehe Boys Centre does not need introduction. It is an institution that is well known across the country for its excellence in academics and other areas for a very long time. We are hoping that although the delegation is small, those who have gotten an opport…
Thank you, Mr. Speaker, Sir, for inviting me to welcome the staff from the 47 counties. I just wish to tell them that internationally, what is now in vogue is something called Open Government Partnership (OGP) . In fact, last month, I was in a Global Summit on OGP. This is based on the fact that leaders in Parliaments of the world must never hide from the public what it is that they are doing. Fo…
Next Order, Clerk.
Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 1st November, 2023- Report of the Auditor-General on the financial statements of the Gatundu Level 5 Hospital, County Government of Kiambu for the year ended 30th June, 2022.
Report of the Auditor-General on the financial statements of the Kiambu Level 5 Hospital, County Government of Kiambu for the year ended 30th June, 2022. Report of the Auditor-General on the financial statements of the Lari Level 4 Hospital, County Government of Kiambu for the year ended 30th June, 2022. Report of the Auditor-General on the financial statements of the Kihara Level 4 Hospital, Co…
Next Order, Clerk. We now move to Statements pursuant to Standing Order No.52 (1) .
Statement pursuant to Standing Order No.53 (1) . Sen. Nyamu, please proceed.
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education, regarding the death of Master Harders Kanyora Mutahi, a grade six pupil at Kimathi Primary School in Bahati, Makadara Constituency, Nairobi City County. Master Kanyora died in the school swimming pool on 11th October, 2023. In the Statement, the Committee should-
Sen. (Dr.) Khalwale, you have three Statements. Proceed to with the three of them.
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the status of employment contracts for the County Government of Kakamega staff. In the Statement, the Committee should-
Proceed, Sen. Kavindu Muthama.
Thank you, Mr. Speaker, Sir, for this opportunity. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the expansion of roads in Machakos County. In the Statement, the Committee should-
The next Statement is by Sen. Oketch Gicheru.
Yes, Mr. Speaker, Sir.
You can take them at ago.
Most obliged, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding bailouts and debt waivers by Government to various entities, including parastatals, co-operative societies, companies and the like. In the Statement, the Committee should-
Thank you, Senator. The three Statements by Sen. (Prof.) Tom Ojienda, are dropped.
Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Information and Communication Technology regarding the state of digital infrastructure in the public service. In the Statement, the Committee should-
Sen. Chute, proceed. Sen. Abass, are you holding brief for Sen. Chute?
Yes, Mr. Speaker, Sir.
Proceed and present the three Statements.
Mr. 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 on the alleged grabbing of public land in Marsabit Town, Saku Constituency, and the Harry Thuku Forest in Marsabit County. In the Statement, the Committee should-
Sen. Mwaruma, proceed.
Thank you, Mr. Speaker, Sir, for giving me this opportunity to request a Statement on the death of Mr. Samuel Mwatate Nzai allegedly through medical negligence at Moi Hospital in Voi, Taita Taveta County. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Health regarding the death allegedly through medical negligence of Master Samuel Mwatate Nzai at Mo…
The Chairperson Standing Committee on Roads Transportation and Housing is not in the House. The Statements pursuant to Standing Order 56 (1) (aa) are therefore deferred.
Sen. Faki, proceed to make your request.
Thank you, Mr. Temporary Speaker, Sir. I have waited for this long, but I appreciate that finally I have a chance to move the Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) . Mr. Temporary Speaker, Sir, the principle of this Bill puts mechanisms for preventing, combating and eventually receding livestock and produce theft. As you are aware, cattle rustling and banditr…
Domestic Product (GDP) and being a lifeline for a staggering 60 per cent of rural population depends on livestock. From the onset, the issue of handling livestock and produce theft has been scattered in many laws. These includes the Penal Code, Branding of Stock Act and the Stock and Produce Theft Act. I propose the Stock and Produce Theft Act should be repealed, especially Section 278 of the Pen…
livestock. We had proposed a designation or combination of numbers, codes or signs as may be prescribed under the Act. It is similar to when you have your own safe where you put money; you must have a combination lock or a password. We want to create a combination of numbers that are unique to animals. One of the roles we have given is objects of the Act, which is prevention, combating and identi…
also been accused of arming one community against another. This clause is important because it reflects what the Ministry of Interior and National Administration is trying to do. They are confiscating firearms and ammunition illegally held by livestock owners. Clause 4(e) states that – “The Cabinet Secretary shall be responsible for –
livestock, the purpose for the removal, the number and type of livestock to be moved, particulars and the premises with which they are being moved. In short, we are trying to kill and strangle the financiers of cattle rustling and banditry. If you come to buy a cow or chicken from my place, I must take the particulars of the purchaser. It is as simple as that. So, if the document or the search o…
On a point of order, Mr. Temporary Speaker, Sir.
What is your point of order, Sen. Korir?
Mr. Temporary Speaker, Sir, I know the Speaker does not have eyes, but I can see that there is no quorum in the House.
Clerk, could you ascertain the quorum. Serjeant-At-Arms, could you, please ring the quorum Bell for 10 minutes.
[(The Clerk-at-the-Table consulted the Temporary Speaker)]
[(The Quorum Bell was rung)]
Hon. Senators, having failed to attain quorum at the expiry of 10 minutes, the Senate stands adjourned pursuant to Standing Order No.41 (2) (a) until, tomorrow, Thursday, 2nd November, 2023 at 2.30 p.m. Sen. Cherarkey, will have a balance of 29 minutes to continue prosecuting his Bill. The Senate rose at 6.10 p.m.
