Senate · Afternoon Sitting

Wednesday, 22 March 2023

Session Summary

The session devolved into a heated exchange over alleged disrespect toward Islam, accusations of police brutality and political intimidation, and procedural disputes between senators and the temporary speaker. Senators invoked historical references and warned of "Stockholm syndrome" while demanding neutral arbitration and respect for minority voices. The debate highlighted deep tensions around security forces, religious sensitivity, and parliamentary order. The afternoon Senate sitting was dominated by procedural clashes and heated exchanges, with minority members accusing the majority leader of heckling and walking out, and raising a point of order over the Speaker’s vote on a report. The Temporary Speaker repeatedly intervened to restore order, enforce time limits and cite standing orders, while references were made to planned demonstrations by the Azimio One Kenya Alliance. Senators debated a motion to allow elected and nominated members to directly question Cabinet Secretaries, with some expressing support based on past parliamentary practice while others raised procedural and constitutional objections. The discussion devolved into heated exchanges over language, points of order, and decorum, prompting the temporary speaker to intervene repeatedly to restore order.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Okay, quorum having been established, we shall proceed with the business of the House.

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

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The Speaker (Hon. Kingi)

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of a visiting delegation from the Parliament of Namibia. The delegation comprises Members and parliamentary officers of the Standing Committee on Implementation and Co-ordination who are on a benchmarking visit with the counterpart Committee in the Senate. Hon. Senators, I request each Member of the de…

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The Speaker (Hon. Kingi)

Mr. Barney Karuuombe - Parliamentary Officer Ms. Moono Matengu - Parliamentary Officer Mr. Bernard Mwira - Parliamentary Officer On behalf of the Senate and on my own behalf, I extend a warm welcome and wish you a fruitful visit.

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The Speaker (Hon. Kingi)

Hon. Senators, I have a further Communication to make. I would like to acknowledge the presence in the Speaker's Gallery this afternoon of a visiting delegation from the County Assembly of Makueni. The delegation comprises staff of the County Assembly of Makueni who are in the Senate on a one-week training of Committee Clerks. Hon. Senators, I request each Member of the delegation to stand when c…

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Sen. Cheruiyot

Thank you, Mr. Speaker, Sir. I would like to join you together with the rest of my colleagues in welcoming this visiting delegation from the country of Namibia who are here on a study tour. I believe that in the course of their visit they shall be able to interact with Senators, our staffers, the leadership and get a full worth of their travel to us. I celebrate this delegation because I have sai…

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Sen. Cheruiyot

I look forward to an invitation from them to the leadership of this House on any particular matter that will be of interest. I believe Namibia is our peer as a republic. There are many things we can learn from this beautiful country. An invitation to us, or even initiated from our side will be a welcome study opportunity for us as Members of the Senate to appreciate their democracy and the many t…

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Sen. Maanzo

Thank you, Mr. Speaker, Sir, for giving me an opportunity to welcome the team from Makueni County Assembly to the Senate. I also welcome the team from Namibia. A few years ago, I visited Namibia and we were treated very well. There is a very good example of water recycling. Therefore, we look forward to interact with them and learn more. There is a very good history between Namibia and Kenya in r…

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon a visiting delegation of Representatives from Unions, Associations and Societies in the Health Sector. They are in the Senate as guests of the Senator for Nandi County, Sen. Cherarkey, MP. Hon. Senators, I request each Member of the delegation to stand when called out so that you may be acknowledged in…

[(Applause)]

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The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir. On your own behalf, I would like to extend a warm welcome to colleagues from the Associations and Unions of the Health sector. It is good that they came in when Senators were expressing themselves in solidarity. Mr. Speaker, Sir, finally, we shall find a solution to the Universal Health Coverage (UHC) in the health sector, internships and payments. I see some of my c…

[(Laughter)]

[(Laughter)]

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The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir, for giving me this opportunity to speak. I do not understand why Sen. Cherarkey wants to take possession of the leadership of the unions that are here. I assure him that we, as a political movement, have had very close working relationships with the unions from the Kenya Medical Practitioners and Dentists Union (KMPDU) to the nurses. We can only use such opportunities …

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Sen. Sifuna

Thank you, Mr. Speaker, Sir, for giving me this opportunity to speak. I do not understand why Sen. Cherarkey wants to take possession of the leadership of the unions that are here. I assure him that we, as a political movement, have had very close working relationships with the unions from the Kenya Medical Practitioners and Dentists Union (KMPDU) to the nurses. We can only use such opportunities …

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Sen. Sifuna

Allow me to welcome the students from Riara Group of Schools. The most surprising bit of information is that Sen. Cherarkey is somehow also a product of the school. There is quite a big difference when you look at the faces in the Speaker’s Gallery, which speak to the group of schools.

[(Laughter)]

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The Speaker (Hon. Kingi)

Hon. Senators, I have another Communication to make. Senate Minority Leader and Sen. Osotsi, kindly have a sit. There is no Standing Order that tells you to freeze when the Chair is standing. You sit on the next available seat, even if it is not yours. You take it until the Chair is done, then you can resume yours.

[(Sen. Madzayo and Sen. Osotsi took their seats)]

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Sen. M. Kajwang’

Mr. Speaker, Sir, I join you and the House to welcome the delegation from Homa Bay County Assembly. I congratulate the Hon. Members for choosing to come to the Senate for benchmarking. This is a committee that is charged with the member’s welfare. One interesting thing which is going around Parliament today is the façade of the National Assembly putting up a sign that should be its moto. Its stat…

[(Laughter)]

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I am humbled by the opportunity that you have given me and the donation of the one minute by my able Sen. M. Kajwang’. I join the great House, the Senate, in welcoming the Hon. Members from the Homa Bay County Assembly. HomaBay is a county of potential. You can see the great potential that we have in the composition of members who have come. In the delegation are also ranking m…

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Sen. Ogola

Mr. Speaker, Sir, I am humbled by the opportunity that you have given me and the donation of the one minute by my able Sen. M. Kajwang’. I join the great House, the Senate, in welcoming the Hon. Members from the Homa Bay County Assembly. HomaBay is a county of potential. You can see the great potential that we have in the composition of members who have come. In the delegation are also ranking m…

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Sen. Ogola

Next Order! The Senate Minority Leader (Sen. Madzayo) : On a point of order, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Madzayo?

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Sen. Madzayo) :

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Sen. Madzayo) :

Resume your seats, hon. Senators. The Notice of Adjournment under Standing Order No. 37, having met the required number of Senators supporting the same, I would wish now to direct that the House shall stand adjourned at

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Madzayo?

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The Speaker (Hon. Kingi)

Resume your seats, hon. Senators. The Notice of Adjournment under Standing Order No. 37, having met the required number of Senators supporting the same, I would wish now to direct that the House shall stand adjourned at

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Sen. Mariam Omar

Next Order!

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Sen. Mariam Omar

Report of the Auditor-General on the financial statement of the Makueni County Youth, Men, Women, Persons with Disabilities and Table Banking Groups Empowerment Fund for the year ended 30th June, 2022; Report of the Auditor-General on the financial statement of the Kitui County Assembly Service Board Employees’ Car and Mortgage Fund for the year ended 30th June 2022; and, Report of the Auditor-G…

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The Speaker (Hon. Kingi)

Next Order!

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Sen. Wambua

On a point of order Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

What is your point of order Sen. Wambua?

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Sen. Wambua

Hon. Senators, I think we are abusing this so-called point of order. Our Standing Orders give reference to when a Senator can stand on a point of order. If you read Standing Order No.98, it tells you when, as a Senator, you can stand on a point of order. However, we have made that one so wide that any time a Senator wishes to say something, then we stand on a point of order, whereas our Standing …

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I was not given---.

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The Speaker (Hon. Kingi)

Hon. Senators, I think we are abusing this so-called point of order. Our Standing Orders give reference to when a Senator can stand on a point of order. If you read Standing Order No.98, it tells you when, as a Senator, you can stand on a point of order. However, we have made that one so wide that any time a Senator wishes to say something, then we stand on a point of order, whereas our Standing …

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Sen. (Dr.) Oburu

Mr. Speaker, Sir, I was not given---.

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The Speaker (Hon. Kingi)

Were you given the Order Paper for the day? Kindly assist the hon. Senator with the Motion

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Sen. (Dr.) Oburu

Proceed, Sen. Nyamu. The Senate Minority Leader (Sen. Madzayo) : On a point of order, Mr. Speaker, Sir.

[(Sen. Nyamu walked to the Dispatch Box)]

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Sen. (Dr.) Oburu

iii) Institute a protocol for sustainable development of the Lake Victoria Basin on the sharing of resources between partner states; and b) The Ministry of Interior and National Administration to deploy the Kenya Coast Guard in the territorial waters of Lake Victoria to enforce maritime security and safety. I thank you.

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The Speaker (Hon. Kingi)

Proceed,

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Sen. Nyamu. (Sen. Nyamu walked to the Dispatch Box) The Senate Minority Leader (Sen. Madzayo) :

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Sen. Nyamu. (Sen. Nyamu walked to the Dispatch Box) The Senate Minority Leader (Sen. Madzayo) :

Bw. Spika, kulingana na Kanuni zetu za Kudumu, je, ni vyema Seneta ambaye anaheshimiwa ndiposa akateuliwa na Chama cha United Democratic Alliance (UDA) , kwa sababu waliona kuwa anafaa nafasi hiyo, kusimama mbele yetu na kuongea bila kuvaa viatu ama soksi?

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The Speaker (Hon. Kingi)

Sen. Kinyua, may the Senator be heard in silence? Can you conclude on your point of order, Sen. Madzayo? The Senate Minority Leader (Sen. Madzayo) : Bw. Spika, je, ni vyema Sen. Nyamu kuanza kuongea mbele yetu bila kuvaa viatu? Je, anaruhusiwa kuongea akiwa ‘miguu chuma’ mbele ya Maseneta wanaume na wanawake?

[(Laughter)]

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Sen. Madzayo) :

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Sen. Madzayo) :

Bw. Spika, kwa heshima na taadhima, nasimama kwa Hoja ya nidhamu. Je, ni sawa Seneta--- Ninapozungumza, ingekuwa vyema Seneta na kiongozi mwenzangu kuketi chini.

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The Speaker (Hon. Kingi)

Thank you. Proceed,

[(Laughter)]

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Sen. Madzayo. The Senate Minority Leader (Sen. Madzayo)

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The Speaker (Hon. Kingi)

Can we have order and make progress? Sen. Nyamu, focus on giving Notice of your Motion.

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Sen. Madzayo) :

I am guided, Mr. Speaker, Sir.

[(Laughter)]

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The Speaker (Hon. Kingi)

Order, Senators! The business before us is very important and long. Let us stay focused on that business.

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The Speaker (Hon. Kingi)

Back to the point of order raised by Sen. Madzayo. The only way to confirm that indeed Sen. Nyamu is barefooted is to allow her to approach the Chair. Sen. Nyamu, kindly approach the Chair.

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Sen. Nyamu

Proceed, Sen. Cherarkey.

[(Laughter)]

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The Speaker (Hon. Kingi)

Thank you, 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, namely: the destruction and loss of lives caused by Tropical Cyclone Freddy in Malawi. I rise today to address the devastating impact of Cyclone Freddy on our brothers and sisters in the Southern Africa region. Cyclone Freddy is a catastro…

[(Loud consultations)]

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Sen. Nyamu

Mr. Speaker, Sir, I rise pursuant to Standing Order No.60 to give Notice of the following Motion- THAT, AWARE THAT minimum wages in Kenya are specified as part of a national wage policy and guided by the Regulation of Wages and Conditions of Employment Act (CAP 229) aimed at reducing poverty as well as protecting and promoting the living standards of workers; CONCERNED THAT, despite the increase …

[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Veronica Maina) in the Chair]]

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The Speaker (Hon. Kingi)

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The Speaker (Hon. Kingi)

Proceed, Sen. Cherarkey.

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Sen. Cherarkey

(Orders for First Readings read – Read the First Time and ordered to be referred to the relevant Committees) Next Order.

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Sen. Kibwana and Sen. Madzayo, kindly proceed to your respective seats.

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Sen. Cherarkey:

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Sen. Cherarkey:

Mr. Speaker, Sir, I do not know what the Senate Minority Leader is looking for from Sen. Korir. Cyclone Freddy then crossed the entire ocean, passing Mauritius and the French island of La Réunion before landing in Madagascar on 21st February; and sweeping over the island before arriving in Mozambique on 24th February. It is sad that it has claimed over 200 lives and affected nearly 600,000 people.…

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The Speaker (Hon. Kingi)

As we increase the action in our nation, we want to encourage the global community to also work with the Government, Parliament and other stakeholders towards a better future and to protect our country and world. As a nation, we stand in solidarity with our brothers and sisters in southern Africa – the countries of Malawi, Mozambique, Mauritius among others. We have an incredible opportunity and …

[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Veronica Maina) in the Chair]]

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, Madam Temporary Speaker. I reiterate that this Report is not properly before this House. It has not been tabled properly, in conformity with our Standing Orders. This is the danger of rushing to amend Standing Orders to accommodate certain interests. The practice and traditions of this House has been that whenever the Procedure and Rules Committee sits down to amend Standing Orders, th…

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The Temporary Speaker (Sen. Veronica Maina)

(Orders for First Readings read – Read the First Time and ordered to be referred to the relevant Committees) Next Order.

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The Temporary Speaker (Sen. Veronica Maina)

What is your point of order?

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Sen. Cheruiyot

Senate Majority Leader, use parliamentary language.

[(Loud consultations)]

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Sifuna, the point of order will come after he finishes moving the Motion.

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The Temporary Speaker (Sen. Veronica Maina)

I will use parliamentary language on people who behave in a parliamentary way. If you heckle, I will refer to you as a heckler because that is what you are!

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Sen. Cheruiyot

Thank you, Madam Temporary Speaker. I do not know why the Minority side feels fidgety about this particular issue. How this House resolves matters is---

[(Loud consultations)]

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The Temporary Speaker (Sen. Veronica Maina)

It was caused by you!

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Sen. Cheruiyot

Madam Temporary Speaker, I will ignore somebody heckling in the House and continue. For three good weeks, we could not make progress. Part of what the Committee on Rules and Procedure has recommended is that once your good office is furnished with a letter either from the Majority Leader, Minority Leader, Majority Whip or Minority Whip regarding leadership for their side on any matter, you are sup…

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Sen. Sifuna

Because of you!

[(Loud consultations)]

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Sen. Cheruiyot

Thank you, Madam Temporary Speaker. As I rise to support this Motion, I must, first of all, speak to the issue that led to where we are today. In the history of this House, I am aware that in the 12th Parliament, the Standing Orders of this House were amended not once or twice but more than that. In December, 2018, the Standing Orders were amended in order to change the structure of the committees…

[(Loud consultations)]

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The Temporary Speaker (Sen. Veronica Maina)

The proposals by the Committee is to provide the Speaker with time and opportunity to look at the documentation before their desk so that appropriate communication is made. This is in reference to Standing Order No.23. Whenever there are changes in the Office of the Senate Majority Leader or the Majority Party, or changes in the Office of the Senate Minority Leader or the Minority Party, the Spea…

[(Loud consultations)]

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Sen. Cheruiyot

If you heckle, I will---

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The Temporary Speaker (Sen. Veronica Maina)

Minority side, let us have order once again. Sen. Wambua, resume your seat.

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Sen. Cheruiyot

I will use parliamentary language on people who behave in a parliamentary way. If you heckle, I will refer to you as a heckler because that is what you are!

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The Temporary Speaker (Sen. Veronica Maina)

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The Temporary Speaker (Sen. Veronica Maina)

Yes. I stand to second the Motion.

[(Laughter)]

[(Laughter)]

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The Temporary Speaker (Sen. Veronica Maina)

Yes, allow me to lay a background.

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Sen. Madzayo) :

Do not describe physical characteristics.

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The Temporary Speaker (Sen. Veronica Maina)

Sen Madzayo, let me hear the point of order by Sen. Chute. He is not moving; I have not given him a right to move a Motion before this House. He is on a point of order. Please, settle down.

[(A hon. Sen. Spoke off record)]

[(Loud consultations)]

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Sen. Chute

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The Temporary Speaker (Sen. Veronica Maina)

On a point of order, Madam Temporary Speaker.

[(Loud consultations)]

[(Loud consultations)]

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The Temporary Speaker (Sen. Veronica Maina)

Kitendo hicho cha kupiga risasi ni kinyume cha sheria. Askari hawaruhusiwi kupiga watu risasi. Askari hawaruhusiwi kurusha hata hiyo teargas ambayo inarushwa wakati kuna fujo. Lakini haya yalikuwa maandamano ambayo yalikuwa yanafanywa katika nchi nzima kulingana na ile barua pepe tuliyopeleka kwa mkuu hapa Nairobi ili watu waweze kufanya maandamano ya amani. Lakini polisi wenyewe walikuwa wa kwan…

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hon. Senator

Senator, I hope you will take the wisdom of that objection by Sen. Mandago.