Senate · Afternoon Sitting

Clerk, do we have quorum?

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

[(Several Senators walked into the Chamber)]

Order! Hon. Senators, kindly take your seats. Clerk, you may proceed to call the first Order.

Hon. Senators, I hereby report that a Petition has been submitted to the Senate by Mr. Benson Nyaga Kagete, EGH, concerning the recognition and remuneration of village elders under the Nyumba Kumi Initiative. As you are aware, under Article 119 (1) of the Constitution, and I quote, “Every person has the right to petition Parliament to consider any matter within its authority, including enacting, …

THAT the Village Elders play an integral role in the functioning of the National Government at the village level by helping chiefs and assistant chiefs in the maintenance of law and order, promotion of education and promotion of development through the Nyumba Kumi initiative. THAT the village elders discharge these important roles without any remuneration by the government, hence, they are not mot…

Sen. Methu, please proceed. Is anyone holding a brief for Sen. Methu? That Petition is dropped.

Next Order, Clerk.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Wednesday, 21st June, 2023: - Report of the Auditor-General on the financial statements of the West Pokot County Cooperative Development Fund for the year ended 30th June, 2022. Report of the Auditor-General on the financial statements of the West Pokot County -Car Loan and Mortgage Scheme Fund for the year en…

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

Next Order.

Thank you, Mr. Speaker, Sir. I am not Sen. Kavindu, but I am reading this Notice of Motion on her behalf. I beg to give Notice of the following Motion: THAT, AWARE THAT, disaster is defined as an overwhelming event and circumstance that tests the adaptation of responses of a community or individuals beyond their capability and leads momentarily

to massive disruption of function for a community or individual that often exceeds their capacity to cope using existing resources; FURTHER AWARE THAT, such was the case with the 1998 US Embassy Bomb disaster in Nairobi in which many of the Kenyan casualties resulted from the collapse of adjacent buildings located within a two to three block radius, and with reverberations being felt in most parts…

Thank you, Mr. Speaker, Sir, for this opportunity. Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) , to make a Statement on an issue of general topical concern and national importance. It is about the great performance by Faith Kipyegon, smashing the women’s 5,000 metres world record at the Paris Diamond League, 2023. Mr. Speaker, Sir, Faith Kipyegon once again made history when she…

revised reward scheme for our sports men and women in the country. I think this is the right direction. I also call upon the Government, Athletics Kenya (AK) and the National Olympic Committee (NOC) to engage the upcoming and promising athletes – not the TickTokers and content creators – as brand ambassadors in sports tourism and in marketing Kenya abroad. They should also ensure that their finan…

Proceed, Sen. Sifuna.

Mr. Speaker, Sir, I believe I have been called to give my Statement.

Absolutely.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 52 (1) , to make a Statement on a matter of general topical concern, namely the rampant fires that have recently ravaged markets in Nairobi, destroying property estimated to be worth hundreds of millions of shillings. Mr. Speaker, Sir, on Sunday, 11th June, 2023, at around 2 a.m., the Toi Market in Kibra Constituency went up in smoke, result…

It is estimated that about 200,000 tonnes of second-hand clothes are imported into the country annually. Gikomba Market alone, is reputed to generate nearly Kshs300 million a month and almost Kshs4 billion annually. When you spread this out into all the other markets across Nairobi, you have a multi-billion-shilling informal industry, that not only sells clothes, but also many other items relevan…

Before I move to the Statements pursuant to Standing Order No. 53 (1) , I will allow two interventions from both sides on the two Statements; the one by Sen. Cherarkey and the one by Sen. Sifuna. Proceed, Sen. Wambua.

Thank you, Mr. Speaker, Sir, for this opportunity to make a few comments on the Statements issued by Sen. Cherarkey and Sen. Sifuna. Beginning with the Statement by Sen. Cherarkey, I acknowledge and confess that we have not treated our athletes well in the past. However, I am happy that I am now seeing a movement towards rewarding these athletes, especially when they break world records, so to sp…

[(Applause)]

I am happy with the Statement brought by Sen. Cherarkey. I hope then the Statement will get due consideration. On the matter of the fires in in Nairobi, it is unfortunate. There appears to be a cartel or a system operating from dark corners in this City, where people conspire to set on fire properties belonging to people at the bottom of the pyramid, and disappear into thin air. Nobody seems to …

Sen. Cheruiyot, proceed.

Mr. Speaker, Sir, before Sen. Cherarkey read the concluding part of his Statement – you would think this is a conspiracy – I moved to the Clerks’ Table. I asked the Deputy Clerk, Mr. Mohamed, about the Standing Order which indicates the people who can address this Parliament. I wanted to read, internalize and see what limitations we have. Later on, Sen. Cherarkey mentioned in his Statement that Ke…

insurance and somebody has to start from scratch again. We said at the beginning of our term that this is the Senate that will deal with matters to finality. Enough is enough with many of these common problems that keep on appearing and reappearing before this Floor. I urge my good friend, Sen. Sifuna, together with the Committee on Lands Environment and Natural Resources – at the heart of this f…

Sen. Madzayo, proceed. The Senate Minority Leader (Sen. Madzayo) :

Asante Bw. Spika. Kwanza

Sen. Kinyua, proceed.

Asante, Bw. Spika. Naunga mkono Kauli iliyoletwa na Sen. Cherarkey. Ninawapa kongole wanariadha na wanamichezo wetu ambao wanaleta sifa katika nchi yetu. Faith, tulimuona katika uga akikimbia. Kila mtu alimshabikia. Kama vile Viongozi wa Walio Wengi na Walio Wachache walivyosema, wale ambao wameletea nchi yetu sifa ni vizuri waje kwenye Seneti. Tusiwe tunawaita wale ambao tunataka kuwauliza maswa…

Asante, Bw. Spika. Naunga mkono Kauli iliyoletwa na Sen. Cherarkey. Ninawapa kongole wanariadha na wanamichezo wetu ambao wanaleta sifa katika nchi yetu. Faith, tulimuona katika uga akikimbia. Kila mtu alimshabikia. Kama vile Viongozi wa Walio Wengi na Walio Wachache walivyosema, wale ambao wameletea nchi yetu sifa ni vizuri waje kwenye Seneti. Tusiwe tunawaita wale ambao tunataka kuwauliza maswa…

We should now move to the Statements pursuant to Standing Order 53 (1) . As you are aware, the Statements pursuant to Standing Order No.52 are not committed to any Committee. Proceed, Sen. (Dr.) Murango.

We should now move to the Statements pursuant to Standing Order 53 (1) . As you are aware, the Statements pursuant to Standing Order No.52 are not committed to any Committee. Proceed, Sen. (Dr.) Murango.

Seneta wa Laikipia, Sen. Kinyua.

Seneta wa Laikipia, Sen. Kinyua.

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, regarding an update on the resettlement status of Kwambuzi squatters in Laikipia County. In the Statement, the Committee should –

Proceed, Sen. Thang’wa.

Proceed, Sen. Ogola.

Proceed, Sen. Ogola.

Proceed, Sen. Cherarkey.

Proceed, Sen. Cherarkey.

Please, do.

Please, do.

Thank you, 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 on the status of operationalization of the Commodities Fund, established under Section 9 of the Crops Act No.16 of 2013. In the Statement, the Committee should –

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Lands, Environment and Natural Resources, on the state of land leases in Nandi County. In the Statement, the Committee should -

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Roads and Transportation, on the state of roads in Nandi County. In the Statement, the Committee should -

Proceed, Sen. (Prof.) Tom Odhiambo Ojienda, SC.

Thank you, Mr. Speaker, Sir. I rise under Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations, regarding the damage to life and property due to demonstrations in Kisumu County in February, March and April, 2023. In the Statement, the Committee should -

Mr. Speaker, I rise under Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the measures to address flood menace in Kisumu County, especially in flood-prone areas of Kisumu East, Kapuothe, Kabonyo /Kanyagwal, Ombeyi, North Nyakach, Wasare and Gem Rae. In the Statement, the Committee should-

Waheshimiwa Maseneta, kwa mujibu wa Kanuni za Kudumu No.45 (2) ya Seneti, ningependa kupangua Utaaratibu Wa Shuguli za Seneti hivi leo. Kwa hivyo, ukiangalia katika Utaaratibu Wa Shughuli utakuta kwamba tukitoka katika shughuli za Kauli, tunaenda katika mipangilio ya Shughuli No.8, 9 na 10. Nitapangua utaaratibu huu. Tutaanza na Shughuli No.17 halafu baadaye tutarudi 9 na 10. Tukimaliza hizo shug…

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

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

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

Sen. Osotsi, where are your Standing Orders?

[(Laughter)]

[(Laughter)]

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

Very well. Sen. Sifuna, I will allow you under Standing Order No.1.

Mr. Speaker, Sir, sometimes these Standing Orders are inadequate in order to address some of the concerns that we might have from time to time. I have a request under Standing Order No.53. I know that we are constrained for time and we have addressed this question before the Senate Business Committee (SBC) . However, some of the Statements that we have requested under Standing Order No.53 are so …

I will consider that request from tomorrow going forward.

[(Laughter)]

[(Laughter)]

Mr. Speaker, Sir, I rise to move the Motion - THAT, the Senate notes the Record of the Proceedings of the First Ordinary Session of the Sixth Parliament of the (PAP) held in Gallagher Convention Centre, Midrand, South Africa on 23rd October – 12th November, 2022 laid on the Table of the Senate on Thursday, 16th February, 2023.

Mr. Speaker, Sir, the PAP Ordinary Session of The Sixth Parliament took place between the 23rd October and 12th November 2022 in Midrand South Africa. The Session was held under the African Union (AU) theme of the year which is; Building Resilience in Nutrition on the African Continent and Accelerating the Human Capital, Social and Economic Development. The Kenyan delegation to this meeting compr…

Mr. Speaker, Sir, the purpose of the PAP is something that this House should know. As outlined in Article 17 of the AU Act that constituted it, is to ensure the full participation of African people in the development and economic integration of the continent. Also, known as the African Parliament, the PAP is the legislative arm of the African Union. The PAP held its inaugural sessions in March 200…

They also have a Secretariat as we have here under the Clerk and two Deputy Clerks. We also have Committees of PAP. I want to state the Committees because they have a relationship with the Committees that we have here. In PAP there are 11 Committees. They include: the Committee on Rural Economy, Agriculture, National Resources and Environment - where Hon. Pasarris sits; Committee on Monetary and …

Sen. Wambua, you are out of order. May the good Professor be heard in silence?

Thank you, Mr. Speaker Sir, for saving me from my very own student.

[(Laughter)]

[(Laughter)]

Thank you, Mr. Speaker, Sir. I rise to second this Motion and make a few comments on the same. There are three recommendations that are coming out from this convening. One is that we build capacity of policy makers. Two, that we implement the gender responsive laws. Three, we domesticate legal instruments under the labour migration. I know that there are many legislators who might not know or se…

Hon, Senators, under Standing Order No.111, we may limit debate on a Motion or a Bill. As you are aware, each one of you speaking on a Bill or a Motion has a maximum of 20 minutes. We may agree through consensus to limit debate or, as the Senate Majority Leader has approached the Chair, I would allow him to move a Motion to limit debate. So, it is up to us. Either I allow the Senate Majority Lea…

[(Loud consultations)]

[(Loud consultations)]

Three minutes to speak on this Motion.

Three minutes to speak on this Motion.

[(Loud consultations)]

[(Loud consultations)]

[(Loud consultations)]

Madam Temporary Chairperson, I beg to move- THAT Clause 7 of the Bill be amended— a) in subclause (1) by—

Madam Temporary Chairperson, I beg to move- THAT Clause 11 of the Bill be amended in subclause (1) by inserting the following new paragraphs immediately after paragraph (n) — (na) carry out periodic research to determine and make recommendation on fair prices for cotton; (nb) undertake research and develop suitable affordable cotton seeds in consultation with the National Biosafety Authority and…

Madam Temporary Chairperson, I beg to move- THAT clause 23 of the Bill be amended — a) in subclause (1) by deleting paragraph (d) ; b) in subclause (2) by inserting the following new paragraphs immediately after paragraph (k) — (ka) monitor and provide technical support for the eradication of noxious and invasive weeds and report any incidences to the Board; (kb) establish cotton aggregation centr…

Clauses 26, 27, 28, 29, 30 and 31 (Question, that Clauses 26, 27, 28, 29, 30 and 31 be part of the Bill, proposed) Division at the end. Clause 32 The Temporary Chairperson (Sen. Veronica Maina): I call upon the mover, Sen. (Dr.) Murango, to move that.

Madam Temporary Chairperson, I bet to move- THAT Clause 32 of the Bill be amended in

Madam Temporary Chairperson, I beg to Move that the Bill be amended by inserting the following New Clause 23A immediately after Clause 23-

Clauses 26, 27, 28, 29, 30 and 31(Question, that Clauses 26, 27, 28, 29, 30 and 31 be part of the Bill, proposed) Division at the end. Clause 32The Temporary Chairperson (

I call upon the mover, Sen. (Dr.) Murango, to move that.

. In this Part—

Madam Temporary Chairperson, I beg to Move: - THAT, the Bill be amended by inserting the following New Clause 50- Rights and obligations. . On the appointed day, all rights, obligations and contracts which, immediately before the coming into operation of this Act, were vested in or imposed on the Agriculture and Food Authority with respect to the cotton sector shall by virtue of this section, be d…

[(Question of the New Clause 50 proposed)]

[(New Clause 50 was read a First Time)]

Madam Temporary Chairperson, I beg to Move: - THAT, the Bill be amended by inserting the following New Clause 51- Assets.

Madam Temporary Chairperson, I beg to Move: - THAT, the Bill be amended by inserting the following New Clause 52-

Madam Temporary Chairperson, I beg to Move: - THAT, the Bill be amended by inserting the following New Clause 50- Rights and obligations. . On the appointed day, all rights, obligations and contracts which, immediately before the coming into operation of this Act, were vested in or imposed on the Agriculture and Food Authority with respect to the cotton sector shall by virtue of this section, be d…

[(Question of the New Clause 50 proposed)]

[(New Clause 50 was read a First Time)]

Madam Temporary Chairperson, I beg to Move: - THAT, the Bill be amended by inserting the following New Clause 51- Assets.

Madam Temporary Chairperson, I beg to Move: - THAT, the Bill be amended by inserting the following New Clause 52-

Legal proceedings

Madam Temporary Chairperson, I beg to Move: - THAT, the Bill be amended by inserting the following New Clause 53- Reference to written laws.

The Temporary Chairperson (

The Temporary Chairperson (Sen. Veronica Maina): Hon. Senators, we will go to the Committee of the Whole for the Second Bill, the Employment (Amendment) Bill Senate Bills No.11 of 2022. It has no proposed amendments. We will move through this Bill fast. I call upon the Clerk to call out the clauses. Clause 2, the Title and Clause 1 (Question that Clause 2, the Title and Clause 1 be part of the B…

Hon. Senators, I now call upon the Chairperson of the Committee of the Whole to report.

Madam Temporary Chairperson, I beg to Move: - THAT, the Bill be amended by inserting the following New Clause 54- Previous authorizations.

Madam Temporary Chairperson, I beg to Move: _ THAT, the Bill be amended by inserting the following New Clause 55- Staff

Madam Temporary Chairperson, I beg to Move- THAT Clause 2 of the Bill be amended by inserting the following definitions immediately after — a) the definition of “chief executive officer” — “Cotton industry” includes growers, ginners, spinners and cotton value addition industries. b) the definition of “cotton seed” “Council of County Governors” means the Council of County Governors established unde…

Mr. Temporary Speaker, Sir, I second.

[(Question put and agreed)]

We move to the second Bill, the Employment (Amendment) Bill, (Senate Bills No.11 0f 2022) . I call upon the Chairperson of the Committee of the whole to report. Sen. Veronica Maina, proceed to report.

The Temporary Chairperson (

Thank you, Mr. Temporary Speaker, Sir. I beg to move that the House do agree with the Committee in the said report. I call Sen. Wambua to second.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed)]

Thank you, Madam Temporary Chairperson. Madam Temporary Chairperson, pursuant to Standing Order No. 153, I beg to move that the Committee of the Whole, do report progress on its consideration of the Employment (Amendment) Bill, (Senate Bills No. 11 0f 2022) and seek leave to sit again tomorrow. The Temporary Chairperson (

Thank you. (Question proposed) (Question put and agreed to) (The House resumed) [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]

Hon. Senators, I now call upon the Chairperson of the Committee of the Whole to report.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Cotton Industry Development Bill (Senate Bills No.5 of 2023) and seeks leave to sit again tomorrow.

Thank you, Mr. Temporary Speaker, Sir, and hon. colleagues. I was in the process of moving this Bill yesterday when the time for sitting lapsed. So, I will continue to move the Bill. Thank you, Mr. Temporary Speaker, Sir, for reminding that I have 40 minutes to move. I will try not to spend all the time. I see there are Senators in the House who have been waiting to comment on this Bill since yes…

Thank you, Mr. Temporary Speaker, Sir. I beg to move that the House do agree with the Committee on the said report. I request Sen. Cherarkey to second.

Mr. Temporary Speaker, Sir, I second.

[(Question put and agreed)]

and other institutions or areas falling within respective mandates of implementing homegrown feeding programmes. What we know about mung beans is that they require very limited rainfall. They adapt to very harsh climatic conditions. The county and national governments should collaborate in areas where mung beans are grown and ensure that these beans are introduced to feeding programmes for school…

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Employment (Amendment) Bill, (Senate Bills No.11 of 2022) and seeks leave to sit again tomorrow.

The Mover to move.

Wachache na ambaye pia ni Seneta wa Kitui, Sen. Wambua. Huu Mswada ulikuwa katika Seneti iliyopita, ukaenda katika Bunge la Kitaifa lakini ukaishia hapo. Bw. Spika wa Muda, ningependa kumshukuru Sen. Wambua kwa kuuleta tena Mswada huu kwa Bunge hili la kumi na tatu. Mmea wa ndengu ni mmea muhimu na vile alivyosema, huu mmea unakuzwa katika kaunti alizozitaja za Kitui, Makueni, Taita Taveta na zin…

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed)]

Hon. Members, once we are done with that, we need to go back to the Order Paper. I direct that we defer Order No. 8, which is the Agriculture and Livestock Extension Services Bill (Senate Bills No. 12 of 2022) by Sen. Tabitha Mutinda until the next sitting. We move to the next Order. Clerk, call the next order!

Bw. Spika wa Muda, ukiwa na data ama takwimu, wakati wa kutayarisha soko, takwimu zitakuelekeza kwa soko la COMESA ama kwingineko. Takwimu zitaonyesha kiasi cha zao ambalo linatarajiwa Taita Taveta au Makueni, kwa maana mvua ilinyesha vizuri na kadhalika. Kwa hivyo, katika kupanga, tunahitaji takwimu. Tutapata hizi takwimu kwa mawaziri wa kilimo katika serikali za kaunti wamehusishwa kikamilifu. …

Sen. Mwaruma, your time is up. Give him the microphone so that he can second.