Senate · Afternoon Sitting

Clerk, do we have a quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. I am now informed that we do have a quorum, you can stop the Bell. The Clerk, please, proceed and call out the first Order. Hon. Senators, at this juncture you may have to switch to the Supplementary Order Paper which has been circulated. I want to believe and trust that we all have a copy of the Supplement…

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

[(The Quorum Bell was rung)]

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Wednesday, 21st of February, 2024 - Report of the Mediation Committee on the County Governments Additional Allocations Bill (National Assembly Bills No. 23 of 2023) .

Mr. Speaker, Sir I beg to lay the following paper on the Table of the Senate today, Wednesday, 21 February 2024 - The Revision of the Laws Order, 2023 .

[(Legal Notice No. 221 of 2023)]

Mr. Speaker, Sir I beg to lay the following paper on the Table of the Senate today, Wednesday, 21 February 2024 - The National Government Budget Implementation Review Report for the First Six Months of the Financial Year 2023/2024.

Mr. Speaker, Sir I beg to lay the following Papers on the Table of the Senate today, Wednesday, 21 February 2024- Report of the Auditor-General on Financial Statement of the County Executive of Machakos for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statement of the County Assembly of Machakos for the year ended 30th June, 2023. Report of the Auditor-General on t…

Report of the Auditor-General on Financial Statement of the County Government of Kajiado - County Revenue Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statement of the Kajiado County Disability Mainstreaming Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statement of the Kajiado County Assembly Car Loan and Mortgage Fund…

Next Order, Clerk. Proceed, Sen. (Dr.) Khalwale.

Thank you, Mr. Speaker, Sir. I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the Mediation Committee on the County Governments Additional Allocations Bill (National Assembly Bills No. 23 of 2023) laid on the Table of the Senate on Wednesday, 21st February, 2024.

Next Order, Clerk.

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 Education regarding the lack of funding for Liani H. I. Primary School in Masinga Constituency, Machakos County, which was officially registered on 28th November, 2023. In the Statement, the Committee should-

Thank you. We know you, Senator.

[(Laughter)]

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the repair of rails at the Mlolongo Pay Point on the Nairobi Expressway, which were vandalized during the public demonstrations of July, 2023. In the Statement, the Committee should-

Is there any Senator holding brief for Sen. Cherarkey?

Proceed, Sen. Ogola.

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 operations of Sukari Industries Limited in Homa Bay County. In the Statement, the Committee should -

Proceed Sen. Sifuna.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding the predicament of Master Austin Karanja, a minor with hearing impairment, who was mauled by school dogs on 28th October, 2023 at the Isinya School for the Deaf while heading for his morning preps, and was subsequently forced to sit hi…

Proceed Sen. Wafula.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialization, and Tourism regarding cooperative societies in Bungoma County. In the Statement, the Committee should-

Sen. Mwaruma, proceed.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing on Land, Environment and Natural Resources regarding the status of the processing of title deeds of Mwakingali B and Sikujua estates of Voi Sub-County, Taita Taveta County. In the Statement, the Committee should-

Sen. Githuku, proceed.

Next Order.

Sen. Gataya Mo Fire, the Chairperson Select Committee on Delegated Legislation.

Thank you, Mr. Speaker, Sir. I beg to move the following Motion- THAT, AWARE THAT the Lake Ol Bolossat Catchment Protection Area Order, ; The Karai Wetland Conservation Area Order, ; The Mwangea Hills Catchment Protection Area Order, ; and the Lari Swamp Catchment Protection Area Order, (Legal Notice No. 119 of 2023, were tabled in the Senate on 11th October, 2023 and referred to the Select C…

[(Legal Notice No. 116 of 2023)]

[(Legal Notice No. 117 of 2023)]

[(Legal Notice No. 118 of 2023)]

[(Legal Notice No. 116 of 2023)]

[(Legal Notice No. 117 of 2023)]

[(Legal Notice No. 118 of 2023)]

[(Legal Notice No. 119 of 2023, by a further twenty-one (21)]

Who is seconding your Motion?

Sen. Montet Betty to second.

Thank you, Mr. Speaker, Sir. I second.

[(Question proposed)]

Hon. Senators, the Floor is open. However, this is a Procedural Motion. With your consensus, you may allow me to proceed to put the question.

Put the question!

Thank you, hon. Senators. Before I put the question, I determined that this matter does not affect counties. Therefore, voting shall be by voice.

[(Question put and agreed to)]

Next Order. Please proceed, Sen. Thang’wa.

The Report has been taken on---

No. We are now on the Water Bill. My apologies. I did not realize you wanted to speak because it was not reflected here. Hon. Senators, any Member can debate on the Water (Amendment) Bill (National Assembly Bills No.33 of 2023) . Last time, we concluded with Sen. M. Kajwang’ who concluded his contribution.

No. We are now on the Water Bill. My apologies. I did not realize you wanted to speak because it was not reflected here. Hon. Senators, any Member can debate on the Water (Amendment) Bill (National Assembly Bills No.33 of 2023) . Last time, we concluded with Sen. M. Kajwang’ who concluded his contribution.

Thank you, Madam Temporary Speaker. I wish to make my contribution to the Water (Amendment) Bill (National Assembly Bills No.33 of 2023) . This is a Bill to provide for the Public Private Partnership (PPP) arrangement for---

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

Sen. Cheruiyot, are you replying to the Motion?

Madam Temporary Speaker, I am making my contribution.

Sen. Cheruiyot, you moved this Bill in the last sitting. Do you want to reply? Is there anybody else who wants to speak? Sen. Okiya Omtatah, do you wish to speak? Proceed.

[(Sen. Cheruiyot spoke off the record)]

Madam Temporary Speaker, I rise to address significant concerns in the proposed amendments to how water as a commodity will be handled, especially concerning the proposals put in place in terms of privatising the sector. They are allowing private players to come in and play a significant role. Water is a basic requirement of life. It must be availed to the population in a manner that is not explo…

Madam Temporary Speaker, I rise to address significant concerns in the proposed amendments to how water as a commodity will be handled, especially concerning the proposals put in place in terms of privatising the sector. They are allowing private players to come in and play a significant role. Water is a basic requirement of life. It must be availed to the population in a manner that is not explo…

I now invite the Mover to reply.

Thank you, Madam Temporary Speaker. I wish to thank the colleagues who have taken time to debate on this Water (Amendment) Bill that is before this House. I have listened to colleagues speak on this, many in support and some with concerns. Unfortunately, many of those concerns like the ones by my colleague, Sen. Okiya Omtatah, arising either from a point of not completely understanding the propo…

Thank you, Madam Temporary Speaker. I wish to thank the colleagues who have taken time to debate on this Water (Amendment) Bill that is before this House. I have listened to colleagues speak on this, many in support and some with concerns. Unfortunately, many of those concerns like the ones by my colleague, Sen. Okiya Omtatah, arising either from a point of not completely understanding the propo…

The contractual agreement that the Government of Kenya enters with any private player under the PPP agreement details how you arrive at the price. Taking care of the concerns of many Kenyans such as what Sen. Okiya Omtatah has carefully brought out; that this is a commodity that many Kenyans cannot even, first of all, find it, forget about purchasing. Subsequently, it is on that premise, my good …

The two gentlemen earlier on had informed us the kind of things they do in public washrooms. When you see them excited together, I am tempted to think other things. Madam Temporary Speaker, the point I was making is that when a Bill is proposed before the Parliament, I see a lazy argument being peddled on the Floor of the Senate many times when colleagues say that they oppose a certain Bill becau…

The two gentlemen earlier on had informed us the kind of things they do in public washrooms. When you see them excited together, I am tempted to think other things. Madam Temporary Speaker, the point I was making is that when a Bill is proposed before the Parliament, I see a lazy argument being peddled on the Floor of the Senate many times when colleagues say that they oppose a certain Bill becau…

It is so deferred. Next Order.

[(Putting of the question on the Bill deferred)]

It is so deferred. Next Order.

[(Putting of the question on the Bill deferred)]

What is your point of order, Sen. Oketch Gicheru?

What is your point of order, Sen. Oketch Gicheru?

Clerks, do we have quorum? Serjeant- at-Arms, can we ring the bell for 10 minutes.

[(The Quorum Bell was rung)]

Clerks, do we have quorum? Serjeant- at-Arms, can we ring the bell for 10 minutes.

[(The Quorum Bell was rung)]