Senate · Afternoon Sitting

Wednesday, 20 September 2023

Session Summary

Senators praised the vetting process and endorsed the nomination of Andrew Musangi as CBK Chairman, highlighting his business experience and commitment to good governance. A significant portion of the debate focused on cryptocurrency, with members discussing its potential impact on inflation and urging the central bank to explore regulation and blockchain technology. The session reflected collaborative appreciation among Senate and National Assembly members while raising policy considerations for digital finance. Senators debated two petitions: one urging a committee to broaden its remit to address teachers' hardship allowances nationwide, and another calling for a constitutional amendment to change the election and roles of deputy governors. Speakers highlighted teachers’ extensive duties beyond classroom teaching and argued for both hardship and responsibility allowances, while noting the procedural referral of the petitions to the relevant standing committees. The discussion combined supportive remarks with criticism of existing allocation mechanisms. Sen. Faki condemned a newly issued circular on foreign travel for county officials, arguing it breaches constitutional devolution powers, creates costly delays and opens avenues for corruption. The Senate then addressed procedural matters before Senator Osotsi raised concerns about parliamentary conduct, urging adherence to historic standards of decorum and discussing a motion on a member's alleged breach of privilege. The debate highlighted tensions between executive directives and county autonomy, as well as internal Senate discipline issues.

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The Deputy Speaker (Sen. Kathuri)

Clerk, can you ascertain whether we have the requisite quorum? I request Serjeant-at-Arms to ring the Quorum Bell for 10 minutes. Hon. Senators, we now have quorum. Clerk, kindly proceed to call the first Order.

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

[(Loud Consultations)]

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, I hereby report to the Senate that a Petition has been submitted to the Senate by Mr. Taratisio Ireri Kawe concerning the introduction of an amendment to the Constitution of Kenya and other relevant laws on the election of the Deputy President and Deputy County Governors. As you are aware under Article 119 (1) of the Constitution- “Every person has a right to petition Parliament to…

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Sen. Mwaruma

Thank you, Mr. Deputy Speaker, Sir. I will read this Petition on behalf of the Petitioners. We, the undersigned citizens of the Republic of Kenya, being the Kenya National Union of Teachers (KNUT) , Taita Taveta Branch, wish to present this Petition to the Senate on behalf of all teachers, who do not get hardship allowance in Taita Taveta County. We humbly draw the attention of the Senate to the…

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The Deputy Speaker (Sen. Kathuri)

Sen. Tabitha Keroche, maybe there is the Mai Mahiu Secondary School that you mentioned. The wonderful boys in the public gallery are from Mai Mahiu Boys High School. They should be recognised as such. Thank you. It was on a light touch.

[(Sen. Tabitha Keroche stood in her place)]

[(Resumption of debate on Petition)]

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Sen. Tabitha Keroche

Sen. Ogola, proceed. The 30 minutes stipulated in the Standing Order for contribution to Petitions are almost over.

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir, for granting me the opportunity to support the Petition by the Senator for Taita Taveta County. Teaching is one of the most discriminated professionals in this country. If we are not discussing the discrepancies in issuing he hardship allowances, we will be discussing their transfers. It is important to note that even when there is a legal notice that spells o…

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The Deputy Speaker (Sen. Kathuri)

Sen. Ogola, proceed. The 30 minutes stipulated in the Standing Order for contribution to Petitions are almost over.

[(Laughter)]

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Sen. Ogola

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Sen. Ogola

We should remind ourselves of the basic work teachers do in school. Other than teaching, teachers also play the role of nurses, lawyers, judges, caregivers to pupils and students as they grow up. It is because of teachers that we are seated here today. Mr. Deputy Speaker, Sir, bear with me. All teachers deserve a hardship allowance despite their geographical situation which is often looked at. Th…

[(Laughter)]

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The Deputy Speaker (Sen. Kathuri)

Sorry, Sen. Ogola. What is your point of order, Sen. Lemaltian? Okay. You were pressing the wrong button for intervention. Sen. Sifuna, have you made any request? Let us have the last Member, Sen. Tobiko, contribute to this order.

[(Sen. Lemaltian spoke off record)]

[(Sen. Sifuna spoke off record)]

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Sen. Tobiko

Thank you, Mr. Deputy Speaker, Sir. Thank you for the opportunity. I was almost going to ask for some affirmative action like a hardship allowance to be given to Senators from those hardship areas who are not getting an opportunity to speak in this House. I rise to support and contribute to both Petitions. On the Petition about the functionality of the deputy governors and those other offices, it…

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Sen. Tobiko

Ng’ong’ that neighbours Nairobi and host the majority of Members and others working in the Civil Service. There are places in Kajiado County such as Shompole and Magadi that are really hardship areas. Any teacher who is in those areas deserves a hardship allowance. Just like my sister, Sen. Ogola, has said, teachers do a lot of work. They go beyond the call of duty. They counsel parents because …

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The Deputy Speaker (Sen. Kathuri)

Thank you, hon Senators. We have come to the end of the 30-minute comments window for those two Petitions. Hon. Senators, pursuant to Standing Order No. 238 (1) , the Petitions should be committed to the relevant Standing Committees for consideration. The first Petition, by Mr. Taratisio Ireri Kawe, goes to the Committee on Justice, Legal Affairs and Human Rights and the second one to the Committ…

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Sen. (Dr.) Khalwale

Thank you, Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of this Senate, today, 20th September, 2023-

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The Deputy Speaker (Sen. Kathuri)

There is another Paper by Chairperson Standing Committee on Devolution and Intergovernmental Relations, Sen. Abbas.

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Sen. Abbas

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 20th September, 2023-

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The Deputy Speaker (Sen. Kathuri)

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the report of the Standing Committee on Devolution and Intergovernmental Relations on the application for conferment of city status to the Municipality of Eldoret laid on the Table of the Senate today, Wednesday, September 2023. Pursuant to Section 8 (6) of Urban Areas and Cities Act, 2011, the Senate a…

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Sen. Abass

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the report of the Standing Committee on Devolution and Intergovernmental Relations on the application for conferment of city status to the Municipality of Eldoret laid on the Table of the Senate today, Wednesday, September 2023. Pursuant to Section 8 (6) of Urban Areas and Cities Act, 2011, the Senate a…

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The Deputy Speaker (Sen. Kathuri)

Next Order

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Sen. Osotsi

Thank you, Mr. Deputy Speaker, Sir. I wish to request a Statement on the status of the construction of stadiums in Vihiga County. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the status of construction of stadia in Vihiga County. In the Statement, the Committee should:

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The Deputy Speaker (Sen. Kathuri)

Thank you. The next Statement is by the Senator for Meru County. It stands deferred until the next sitting.

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The Deputy Speaker (Sen. Kathuri)

Next is the Senator for Nakuru County. You have two Statements. Read them simultaneously.

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Sen. Tabitha Keroche

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 state of healthcare in Nakuru County. In the Statement, the Committee should:

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Sen. Tabitha Keroche

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Committee on Health,regarding the unprocedural dismissal of healthcare workers in Nakuru County. In the Statement, the Committee should:

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The Deputy Speaker (Sen. Kathuri)

Thank you. The next Statement is by Sen. Cherarkey. You also have two Statements.

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Sen. Cherarkey

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the omission of construction of six interchanges on the Nairobi’s Western bypass. In the Statement, the Committee should:

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Sen. Cherarkey

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the status of rehabilitation and expansion of Airports and Airstrips in Kenya. In the Statement, the Committee should:

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The Deputy Speaker (Sen. Kathuri)

Sen. Mwaruma, proceed.

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Sen. Mwaruma

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Committee on Education, concerning the Taita Taveta County Revolving Education Fund by the Higher Education Loans Board (HELB) . In the Statement, the Committee should:

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The Deputy Speaker (Sen. Kathuri)

Next is the Senator for Lamu, Sen. Githuku.

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Sen. Githuku

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the status of healthcare provision in Mpeketoni Sub-County Hospital in Lamu County. In the Statement, the Committee should:

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. 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 incessant attack by wild animals in Masinga Dam and Ol-Donyo Sabuk Game Reserve in Machakos County. In the Statement, the Committee should:

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Sen. Kavindu Muthama

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. 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 incessant attack by wild animals in Masinga Dam and Ol-Donyo Sabuk Game Reserve in Machakos County. In the Statement, the Committee should:

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on an issue of national concern, namely the Circular issued by the Principal Secretary for Devolution in the Office of the Deputy President on Foreign Travel for county governments. Mr. Deputy Speaker, Sir, on 30th of June, 2023, the Principal Secretary for Devolution in the Office of the Deputy Pr…

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Sen. Faki

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on an issue of national concern, namely the Circular issued by the Principal Secretary for Devolution in the Office of the Deputy President on Foreign Travel for county governments. Mr. Deputy Speaker, Sir, on 30th of June, 2023, the Principal Secretary for Devolution in the Office of the Deputy Pr…

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Sen. Faki

has now stopped issuing any approvals for foreign travel to county executives and county assemblies without the authority and approval from the State Department of Devolution. Mr. Deputy Speaker, Sir, this illegal procedure has created delays in processing of travel outside the country for county employees attending courses and important meetings outside the country which are beneficial to the co…

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The Deputy Speaker (Sen. Kathuri)

Thank you, Sen. Faki. There was one Statement by Senator for Meru which I had deferred to the next sitting but we can have it read under Standing Order No.53 (1) . I will ask Sen. Mutinda to ask it on my behalf.

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Sen. Tabitha Mutinda

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon, an officer from the County Assembly of Lamu County, Ms. Consolata Mwaura, who is a clerk assistant. Ms. Consolata is in the Senate for a one-week attachment. Hon. Senators, on behalf of the Senate and on my own behalf, I wish her well during her attachment and in her future endeavours. Thank you. Nex…

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, this Motion was halted at some point but it is now ripe for debate today. We will proceed from where we left. Members who wish to contribute can do so. From my screen, I can see Sen. Osotsi.

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Sen. Tabitha Mutinda

Mr. Temporary Speaker, Sir, I beg to move - THAT, the Senate adopts the Joint Report of the Departmental Committee on Finance and National Planning of the National Assembly, the Standing Committee on Finance and Budget of the Senate, on the vetting of Mr. Andrew Mukite Musangi for appointment as the Chairperson of the Board of Directors of the Central Bank of Kenya, laid on the Table of the Senate…

[[The Deputy Speaker (Sen. Kathuri) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

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Sen. Tabitha Mutinda

Mr. Temporary Speaker, Sir, I beg to move - THAT, the Senate adopts the Joint Report of the Departmental Committee on Finance and National Planning of the National Assembly, the Standing Committee on Finance and Budget of the Senate, on the vetting of Mr. Andrew Mukite Musangi for appointment as the Chairperson of the Board of Directors of the Central Bank of Kenya, laid on the Table of the Senate…

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Sen. Tabitha Mutinda

going to prioritise when he settles in office. I was very impressed with that particular feedback. Questions included issues of cryptocurrency in this country. His views in terms of what he sees and what he thinks about cryptocurrency were brought out. Mr. Temporary Speaker, Sir, we also dealt with his worth as a businessperson. He honestly and clearly indicated that he was worth about Kshs1.1 b…

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The Temporary Speaker (Sen. Wakili Sigei)

Proceed, Sen. (Dr.) Khalwale.

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Sen. (Dr.) Khalwale

Thank you, Mr. Temporary Speaker, Sir, for this great opportunity to support this report to have the Chairman of CBK, Mr. Musangi. I know the Chairman is coming at a time where the country is asking itself on which way to go when it comes to cryptocurrency. According to the report, the Chairman was not very clear when it comes to cryptocurrency. He did not support it 100 per cent. Neither did he …

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, I see a lot of interest to contribute to this Motion. I would like to call upon Sen. Thang’wa.

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Sen. Thang’wa

Thank you, Mr. Temporary Speaker, Sir, for this great opportunity to support this report to have the Chairman of CBK, Mr. Musangi. I know the Chairman is coming at a time where the country is asking itself on which way to go when it comes to cryptocurrency. According to the report, the Chairman was not very clear when it comes to cryptocurrency. He did not support it 100 per cent. Neither did he …

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Sen. Thang’wa

money in the cryptocurrency awaiting to get a few more extra cryptos because it is something that they use to earn money. Mr. Temporary Speaker, Sir, I am a believer of cryptocurrency and actually own a few coins because I want to understand it. Some people call crypto a scam. If you think it is a scam, then start yours. It is just a technology of block chain. There are two countries in the worl…

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Sen. Thang’wa

Kenya can go that direction to spur development. Look at the Thika Super Highway and the Ruaka-Ruiru- JKIA Bypass. That road has created jobs. That road was done through that kind of deficit balances. It can spur growth and therefore, the Government can borrow from itself.

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Thang’wa, you still have 12 minutes to conclude your contribution when this Motion resumes on the Floor of the House.

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Members, it is now 6.30