Senate · Afternoon Sitting

Wednesday, 20 November 2024

Session Summary

Senators debated a bill that would regulate public fundraising (harambee) by requiring permits and imposing heavy fines, arguing it would cripple community support for education and health services. Opponents highlighted practical obstacles, the risk of excluding vulnerable families, and widespread misinformation, while noting strong religious and community backlash. The Temporary Speaker noted limited support for the legislation. Sen. Mungatana highlighted the financial hardships faced by former MCAs and other public office holders after leaving office, arguing for a dedicated retirement savings scheme similar to those for MPs, Senators and Presidents. He warned that without robust safeguards, the proposed fund could be vulnerable to mismanagement and corruption, and called on MCAs and umbrella bodies to review and tighten the legislation. The debate combined criticism of existing gaps with constructive proposals for better pension planning and fund oversight. The debate focused on introducing a contributory pension scheme for County Assembly members, with the Temporary Speaker outlining the Bill's structure across five parts and emphasizing its role in providing financial security after retirement. She addressed potential media criticism, clarified that the scheme is not a drain on public funds, and urged fellow Senators to support the legislation. The discussion also highlighted the need for qualified trustees and proper governance of the fund.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Order, hon. Senators. We do have quorum now. Clerk, you may call the first Order.

[(The Clerk-at-the-Table consulted with the Speaker)]

[(The Quorum Bell was rung)]

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Sen. Wambua

Sen. Sen. Mwaruma.

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The Speaker (Hon. Kingi)

The Chair is in charge, Senator for Kitui. Senator Boni, you will extend a warm welcome to the delegation. Thereafter, the Senator for Taita-Taveta will have his day.

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Sen. (Dr.) Khalwale

Thank you, Mr. Speaker. Allow me to greet the distinguished delegation from Taita-Taveta, ‘mana’. I would like to welcome them on behalf of the institution of the Senate and assure them that they are in a good place. This is the citadel of knowledge as far as parliamentary affairs are concerned. It is our pleasure. I want to confirm to them that all the money that was supposed to be in the custod…

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The Speaker (Hon. Kingi)

Senator for Taita-Taveta?

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Sen. Mwaruma

Asante, Bw. Spika, kwa hii fursa uliyonipa ili nikaribishe Kamati Maalum ya Sheria iliyokabidhiwa ya Bunge la Kaunti ya Taita Taveta. Walikuja jana na leo. Nafikiri wataondoka kesho. Wamepata fursa nzuri ya kukutana na Kamati Maalum ya Sheria ya Seneti. Najua wamejifunza mengi kwa sababu wamekuja kwa safari ya kujifunza. Karibuni sana Seneti. Seneti na Bunge za Kaunti zinafanya kazi sawa ambazo …

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Sen. Mwaruma

Pia najua Kamati ya Sheria iliyokabidhiwa nao pia wamejifunza mengi. Kama kuna mambo yatakayohitaji kutunga sheria zaidi za kulinda gatuzi, najua Kamati hii ya Seneti itatuelezea. Bunge la Kaunti ya Taita Taveta lilikuwa liwe mwenyeji wa Seneti Mashinani huu mwaka. Tulikuwa tunashindana na Kaunti ya Busia. Lakini changamoto iliyokuwa pale ni ya nafasi ya Bunge la Kaunti ya Taita Taveta kuwa ndogo…

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The Speaker (Hon. Kingi)

Hon. Senators, I would like to acknowledge the presence, in the public gallery this afternoon, of visiting students from Elgon View College in Kisii County. The delegation comprises 17 students who are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate an…

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Sen. Cheruiyot

Mr. Speaker, Sir, on behalf of my colleagues here in the Senate, I welcome these students of Elgon View College in Kisii County. Sen. Onyonka was with us early in the morning. I guess he is still trying to make his way back, but as a good neighbour, because Kisii is the immediate county next to us in Kericho, I wish them a good stay here in the Senate. May they find the knowledge and wisdom that…

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The Speaker (Hon. Kingi)

Sen. Essy.

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Sen. Okenyuri

Thank you, Mr. Speaker, Sir. I thank my senior, Sen. Aaron Cheruiyot and the Senate Majority Leader for donating a few minutes to me. For your information, after my Form Four, I was a student at Elgon View College pursuing

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Sen. Okenyuri

computer systems and application packages for three months as I awaited to join the university. That time we would wait for two years. Mr. Speaker, Sir, I wish to welcome the students here. Be proud of visiting the Senate. Young people have equally an opportunity to ascend to national leadership and I am a good example you can borrow from. I wish you the very best as you go back. Say hi to the ot…

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The Speaker (Hon. Kingi)

Next order. The Chairperson Standing Committee on Labour and Social Welfare.

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Sen. Cheruiyot

Mr. Speaker, Sir, I beg to lay the following papers on the table of the Senate today, Wednesday, 20th of November, 2024. Report of the Standing Committee on Labour and Social Welfare on its consideration of the Sports Amendment Bill (Senate Bills No. 33 of 2024) . Report of the Standing Committee on Labour and Social Welfare on its consideration of the Public Fundraising Appeals Bill (Senate Bil…

[(Sen. Cheruiyot laid the document on the Table)]

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The Speaker (Hon. Kingi)

Next order. Statement pursuant to Standing Order No.53 (1) . The Hon. Sen. Alexander Mundigi.

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Sen. Munyi Mundigi

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the welfare of police officers during transfers and retirement. In the statement, the committee should-

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The Speaker (Hon. Kingi)

Sen. Joe Nyutu, you may proceed.

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Sen. Joe Nyutu

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 ban by the Minister of Agriculture and Livestock Development on macadamia nuts to curb the export of immature nuts. In the statement, the committee should-

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The Speaker (Hon. Kingi)

Proceed, hon. Senator.

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Sen. Joe Nyutu

Thank you, Mr. Speaker, Sir. Again, I rise pursuant to Standing Order No.53 (1) to request a statement from the Standing Committee on Labour and Social Welfare regarding the circumstances that led to the Kenyan National Amputee Women's Football team being stranded in Frankfurt, Germany on Tuesday, 12th

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Sen. Joe Nyutu

November 2024 on their way from the World Amputee Football Federation World Cup Games. In the statement, the committee should-

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The Speaker (Hon. Kingi)

Sen. (Prof.) Tom Odhiambo Ojienda, you have the Floor.

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Sen. Chimera

Thank you, Mr. Speaker. I rise on behalf of Sen. (Prof) Tom Odhiambo Ojienda, SC. I rise pursuant to Standing Order 53 (1) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the devastation caused by the 40-minute hailstorm that occurred in Nyakatch Sub-county in Kisumu County on the 25th of October 2024, leading to the destruction of crops and lives…

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The Speaker (Hon. Kingi)

Sen. Joyce Korir, you may proceed.

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Sen. Joe Nyutu

Mr. Speaker, Sir, I stand in for Sen. Korir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Lands, Environment and Natural Resources regarding the application of measures to nurture trees planted across the country on the basis that nurturing newly planted trees to maturity helps to enable the delivery of the targeted 15 billion trees in Kenya by 203…

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The Speaker (Hon. Kingi)

Sen. Karen Nyamu. You may proceed.

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Sen. Cheruiyot

Mr. Speaker, Sir, I rise pursuant to Standing Order No.57 (1) to present the business of the Senate for the week commencing Tuesday, 26th November, 2024. Ordinarily, Mr. Speaker, Sir, this statement is presented every Thursday. However, as Members are aware, you communicated to the House yesterday that we will have the State of the Nation Address tomorrow, where the President will be addressing b…

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Sen. Cheruiyot

No.53(1). From the foregoing, it is evident that we need to redouble our efforts to conclude the business before the Senate. I want to thank hon. Senators for the Divisions that were undertaken yesterday. The mediated version of the Water (Amendment) Bill (National Assembly Bills No.33 of 2023) and the National Rating Bill (National Assembly Bills No.55 of 2022) are being finalised for presentati…

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Sen. Cheruiyot

I know that by practice, the minute the Mediation Committee tables their report, even before the passage of the County Allocation of Revenue Bill, which is a subsequent to that Bill, county assemblies will have a rough idea of what to expect and how to plan their finances accordingly. I know it has taken long, but I am glad that finally, that this mediation exercise has been brought to an end and…

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The Speaker (Hon. Kingi)

Before I request the Clerk to call the next Order, I have this Communication to make.

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The Speaker (Hon. Kingi)

The delegation comprises 74 students who are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcome visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. I will allow the Senator for Nairobi City County, under one minute, to extend a word of welcome to the delegati…

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Sen. Sifuna

Thank you, Hon. Speaker, Sir. I can already hear objections from behind because apparently the alumnus of Kenyatta University (KU) is seated behind me. However, I want to challenge them that they should move closer to the Speaker as I have done, so that it is easy for you to catch their eye or for them to catch your eye, so that they can also be welcoming delegations. I am sure they can trust me w…

[(Applause)]

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The Speaker (Hon. Kingi)

Sen. Kajwang’, you may also extend a word of welcome, and assume the responsibility.

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Sen. M. Kajwang’

Thank you, Mr. Speaker, Sir, for the opportunity. Just like the Senate Majority Leader, I am an alumnus of Moi University, during its days of glory, when it was the second university, just before Kenyatta University was established. Mr. Speaker, Sir, these are student leaders and I would like to encourage them. I was also a student leader. I was the Secretary-General of the Moi University Student…

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The Speaker (Hon. Kingi)

Thank you. Hon. Senators, for the convenience of the House, I will rearrange the sequence of today's Order Paper pursuant to standing order 45 (2) . We will instead handle Order No.15. Thereafter, we will resume normal flow as contained in the Order Paper of the day. Clerk, proceed to call that Order.

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The Temporary Speaker (Sen. Veronica Maina)

Proceed, Senate Majority Leader. The Senate Majority Leader (Sen. Cheruiyot) ]: Thank you, Madam Temporary Speaker. I beg to move that the County Assemblies Pensions Scheme Bill (Senate Bill No.14 of 2024) be now read a Second Time.

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The Temporary Speaker (Sen. Veronica Maina)

This is an important Bill. I appreciate what the Senate has done in the last few weeks, especially with regards to our brothers and sisters who serve in our constituent assemblies in the counties. Remember that we have already passed legislation in this House that grants financial autonomy to our county assemblies. That Bill is presently on its way to the National Assembly for consideration. One …

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The Temporary Speaker (Sen. Veronica Maina)

Madam Temporary Speaker, when the Committee on Devolution and Intergovernmental Relations return their verdict on this particular Bill – earlier on, I asked Sen. Abbas, who is the Chairperson of this Committee, and I have had the opportunity to listen to County Assembly's Forum, who shared their views and input on this particular Bill. It will be important to note what their contributions would h…

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The Temporary Speaker (Sen. Veronica Maina)

terms, applicable clauses, and organisation of state officer who shall join and the scope of the Bill, which is to the extent and range of those who may access services of this particular scheme. Part II of the Bill comprises clauses six to 21, which provide for the establishment of the scheme. It establishes the County Retirement Scheme Fund and its board of trustees. It provides the procedure f…

[[The Temporary Speaker (Sen. Veronica Maina) left the chair] [The Temporary Speaker (Sen. Wakili Sigei) in the chair]]

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The Temporary Speaker (Sen. Veronica Maina)

employed adult in the Republic contributes to NSSF. However, over and above, there are many other pension schemes that people contribute to and hope that in their retirement in future, they can draw from. I hope that, eventually, we can have all our public servants have a fund set out for them so that you do not have to go through what public servants go through, like police and teachers, by queu…

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Sen. Mungatana, MGH

Thank you, Mr. Temporary Speaker, Sir, for giving me the Floor. I want to really thank Sen. Cheruiyot, our Senate Majority Leader, for moving this Bill in a very eloquent way and expressing how important this Bill is. I am one of the older Members in this House. A part of my political journey, I served the Republic of Kenya as an elected Member of Garsen. Thereafter, I was out of office because I…

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Sen. Mungatana, MGH

who finish their terms and are not re-elected back do not have businesses or professional training. They are not engineers, lawyers, or doctors. They do not have something to fall back to in terms of their sustainable income. It has been a problem. Back in Tana River County, when you meet the old MCAs and members of the former Tana River County Council, you feel bad because you want to help them …

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Sen. Mungatana, MGH

When you come to Members of the National Assembly and the Senate, the amounts are not comparable to what the presidents or former presidents are getting. So, since all these categories of public servants are doing the same work, of serving the public, it is good for them to have a decent retirement package. Mr. Temporary Speaker, Sir, when you look at the formulation of this law, you would see th…

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Sen. Mungatana, MGH

be entering a house which does not have dents, the doors are broken, the toilet is leaking, and the taps are not working. So, we need to have serious Chief Executive Officers (CEOs), people who are going to be vetted, not just by the Ethics and Anti-Corruption Commission (EACC), not just a certificate of good conduct, but people who would even put their own property and are willing to put down a …

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Sen. Mungatana, MGH

LAP Trust Umbrella Retirement Fund shall be transitioned into the scheme within six months upon the commencement of this Act. Right now, we have left the National Hospital Insurance Fund (NHIF) and Kenya is transitioning to the Social Health Insurance Fund (SHIF) and the Social Health Authority (SHA). Mr. Temporary Speaker, Sir, there has been a lot of uncertainties because when we were writing t…

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, I notice that we have Members ready to contribute to this Bill. It is open for debate. I will invite Sen. Beatrice Ogola Akinyi.

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Sen. Ogola

Thank you, Mr. Temporary Speaker, Sir. I sincerely thank the Mover of the Bill, the Senate Majority Leader and Senator for Kericho County, Sen. Cheruiyot. Of all the Bills that he has moved, I think this one stands out for me. Probably because of the background that I carry into the Senate. Having worked at the County Government, having worked as a CECM for several years, and having worked closel…

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Sen. Ogola

with some money. When the year begins, you know you are going to get some money, and this money is not forthcoming. I support this Bill because the rules and regulations are directly speltout and this iwill enhance the management of this Fund. As I have said the MCAs are closer to our people and so there is a need for some savings for them. The life span of a politician sometimes is never very c…

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Sen. Ogola

this be important? There are values that are expected from us as speltout in chapter six of the Constitution. The board of trustees will be dealing with monies that the MCAs shall have voluntarily saved over the years. It is very painful that an officer will have saved money from their salary, but someone mismanages it and finally it does not benefit the MCAs. There have been similar practices i…

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Ogola, you were doing well until Sen. Eddy distracted you. I hope that the disruption did not take away your contributions and that you decided to conclude your contribution. Sen. (Dr.) Murango, proceed.

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Sen. (Dr.) Murango

Asante sana, Bw. Spika wa Muda. Kwanza, ningependa kumshukuru Kiongozi wa Walio Wengi kwa sababu ya wazo nzuri. Mswada huu ni wa maana sana. Katika maisha yangu ya awali nimekuwa mwakilishi wa wadi na pia nilikuwa Kiongozi wa wengi katika Kaunti ya Kirinyaga. Kwa hivyo, naelewa masaibu yanayowafikia mawakilishi wadi ama MCAs ambao ni mengi. Kama kuna viongozi ambao wanachukuliwa kwa urahisi, mas…

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until Thursday, 21st November, 2024, at 2.30 p.m. in the National Assembly Chamber. The Senate rose at 6.30 p.m.