Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Hon. Senators, I am informed that we have quorum. Kindly proceed to take your seats. Order, hon. Senators. Clerk, proceed to call the first order.

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

the Communication, I indicated that the official opening event was to be held on Friday, 19th April, 2024. Hon. Senators will also recall that the event did not take place owing to a declaration by His Excellency the President, of a three-day national mourning following the most unfortunate and untimely demise of the Late General Francis Ogolla, Chief of Defence Forces, and other gallant soldiers…

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday, 24th April, 2024- First Half National Government Budget Implementation Review Report for Financial Year 2023/2024.

Sen. Mungatana, proceed.

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Wednesday, 24th April, 2024- Report of the Kenya Delegation to the Extraordinary Session of the Sixth Parliament of the Pan-African Parliament (PAP) held at the Gallagher Convention Centre, Midrand, South Africa, from 20th to 27th March, 2024.

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

Sen. Kisang, proceed.

Thank you, Mr. Speaker, Sir. I beg to lay the following Petition report on the Table of the Senate today, Wednesday, 24th April, 2024- Report of the Standing Committee on Energy on a Petition to the Senate by residents of Uyomo village in Kilifi County, concerning the protection of the right to life, health and a clean environment, and other constitutionally protected rights and fundamental freed…

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

Clerk, next order.

Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion- THAT, the Senate notes the Report of the Kenya Delegation to the Extraordinary Session of the Sixth Parliament of the Pan-African Parliament (PAP) held at the Gallagher Convention Centre, Midrand, South Africa, from 20th to 27th March, 2024, laid on the Table of the Senate on Wednesday, 24th April, 2024.

Sen. Cherarkey, you will get an opportunity later. Get your paper in order. Next Order. We proceed to Statements pursuant to Standing order No.53 (1) . Sen. Mumma, proceed. Sen. Sifuna, are you holding brief? Very well.

Thank you, Mr. Speaker, Sir. I will be reading these Statements on behalf of Sen. Mumma. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Health regarding the implementation of the Signed Collective Bargaining Agreements (CBA) by the Government. In the statement, the committee should-

Sen. Cherarkey are you ready now? Kindly proceed under Standing Order No.52 (1) and then you take the one under Standing Order No. 53

Thank you, Mr. Speaker, Sir, for that direction and guidance. I rise pursuant to Standing Order No. 52 (1) to make a Statement on an issue of general concern topical and national importance namely, the shattering of the women’s only marathon world time record by Peres Jepchirchir in a staggering and superb performance at the London Marathon on Sunday 21st April, 2024. Peres Jepchirchir has once a…

Mr. Speaker, Sir, I hereby call the State Department for Sports to clearly state what transpired and what actions have been taken against the responsible persons that denied Kenya an opportunity for qualification for the walking race at the Olympics in Paris later this year. Mr. Speaker, Sir, even as Alexander Mutiso Munyao, Peres Jepchirchir and others landed yesterday at 5.00 a.m., there was no…

Proceed, Sen. Chute. That Statement is dropped.

Thank you, Mr. Speaker, Sir, for this opportunity. I rise pursuant to the Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing concerning the current construction status for the County Executive Office Block and the residence of the Speaker of the County Assembly in Turkana. In the statement, the committee should-

Proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee of National Security, Defense and Foreign Relations regarding the safety of chiefs serving in counties plagued by insecurity. In the statement, the committee should-

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

Thank you, Mr. Speaker, Sir. I have three Statements. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding measures put in place to address and curb wastage of public resources in Kisumu County. In the statement, the committee should-

Sen. Chute, having explained your absence to the satisfaction of the Chair, you may now proceed to read your Statement.

Thank you very much, 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 status of projects under the Parliamentary Service Commission (PSC) . In the statement, the committee should-

Hon. Senators, the last two Statements by Sen. Abdul Haji are deferred. Let us now move to Statements pursuant to Standing Order No.56 (1) (b) . The first one is by the Chairperson for the Standing Committee on Trade, Industrialization and Tourism.

[(Statements deferred)]

Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement on the activities of the Standing Committee on Trade, Industrialization and Tourism for the period commencing January to April,

[(Loud consultations)]

Order, hon. Senators! May the Chairperson be heard in silence?

Mr. Speaker, Sir, during the period under review, the committee held a total of 17 meetings. The committee considered the following Bills-

[(Loud consultations)]

Commissioners Kinyua and Korir, what is the excitement all about? Kindly take your seats.

The Street Vendors Bill (Senate Bills No.41 of 2023) was read a First Time on Tuesday, 17th October, 2023. It is sponsored by Sen. Okenyuri, MP.

[(Protection of Livelihood)]

Order, hon. Senators. Sen. Chimera and Sen. Miraj, kindly take your seats. Proceed, Chairperson.

[(Sen. Chimera and Sen. Miraj sat at their places)]

The Street Vendors Bill, 2023, is a Bill for an Act of Parliament to provide a legal framework for the recognition, protection and regulation of street vending in Kenya, the identification of minimum standards for street vending, and for connected purposes. Pursuant to the provisions of Article 118 of the Constitution and Standing Order No.145 (5) of the Senate Standing Orders, the committee inv…

[(Protection of Livelihood)]

bills have similar stakeholders with divergent views, which has affected public participation and stakeholder engagements. The committee will prioritise the following business in the next quarter-

Hon. Senators, we will defer the last two statements under Standing Order No.56 (1) (b) as listed in the Order Paper.

(Question, that Clauses 3, 4 and 5 be part of the Bill, proposed) Division will be at the end. Clause 6The Chairperson (

Let us have the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries or any Member of the committee to move the amendments. Sen. (Dr.) Murango, please proceed.

Thank you, Mr. Chairman, Sir. I beg to Move: THAT Clause 6 of the Bill be amended in–

Mr. Chairman, Sir, the Sugar Bill (National Assembly Bills No.34 of 2022) is an important piece of legislation, especially for Members coming from the western part of Kenya. For every amendment, the Mover should explain its justification so that we understand what we are amending. The Chairperson (

Okay. What about the conflict between Clause 19 and the New Clause 19A? It is talking about the same thing. The Chairperson (Sen. Kathuri) : Yes, we will get there, do not mind. Let me put the question. Division will be at the end. Clauses 20-28 Division will be at the end.

[(Question, that Clauses 20, 21, 22, 23, 24, 25, 26, 27, and 28 be part of the Bill, proposed)]

Chairperson, proceed. Clause 29

Mr. Chairman, Sir, I beg to move- THAT, Clause 29 of the Bill be amended -

Mr. Chairman, Sir, I propose that the Bill be amended by inserting the following new heading immediately after Clause 17. (

Sen. Wamatinga, proceed.

Thank you, Mr. Chairman, Sir. I want to reiterate what Sen. Wamatinga has raised. The representative of the CoG with a background in the industry of sugar, ensures that the aspects that are devolved in this industry are well catered for. Remember, in the Bill, we have inspectors, seedling preparation and dissemination, the pricing committee in this exercise and the cess that counties will receive…

[(Question, that Clauses 30, 31, 32, 33, 34, 35, 36, and 37 be part of the Bill, proposed)]

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Boundaries Bill (Senate Bills No.6 of 2023) and seeks leave to sit again tomorrow.

The Mover, please, proceed.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report.

Who is seconding?

I second.

[(Question proposed)]

[(Question put and agreed to)]

Now, on the Sugar Bill, (National Assembly Bills No.34 of 2022) . Chairperson, proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Sugar Bill (National Assembly Bills No.34 of 2022) and seeks leave to sit again tomorrow.

Mover.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

Who is seconding?

I second.

[(Question proposed)]

[(Question put and agreed to)]

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

Next Order.

Sen. Thangw’a, you had a balance of nine minutes on this Motion. Retrace your balance of the minutes.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Motion that we, as a Senate, need to do something about the pending bills. It is high time we stamp our feet. Pursuant to Article 96 of the Constitution, we are supposed to protect the interest of the counties and their governments, which means we have to protect our people.

[[The Deputy Speaker (Sen. Kathuri) left the Chair] [The Temporary Speaker (Sen. Veronica Maina) in the Chair]]

Madam Temporary Speaker, contractors and service providers are suffering all over. As I had earlier on said, the courts gave them authority to auction county government properties. We do not want to get there. Madam Temporary Speaker, I would not want to see a governor driving to work, only to be stopped by auctioneers and his car is taken, so that it goes to pay the pending bills. I do not want …

Instead of coming up with that law to bar governors from running for the seat of the Senator, MCA or MP, we should come up with a law that stipulates that before any governor leaves office, they should appear before the Senate and defend the previous audit reports.They should also have a handing-over report, and it should always be given to the Senate. This is so that the governor taking over will…

Sen. Eric Okongó Omogeni.

Thank you, Madam Temporary Speaker, for giving me the opportunity to contribute to this very important Bill. I do not think there is any county in the Republic of Kenya, the 47 of them, that is not grappling with this problem of pending bills. When you look at the figures, they run into hundreds of millions of shillings. They are not pending bills of Kshs5 million; they run into hundreds of milli…

Madam Temporary Speaker, in the process, you find that you have sent money to counties. We fight here when we are sharing revenue, but the moment that money reaches our counties, it is never used for its intended purposes. The other day, we were talking about Kshs110 million that was given by the national Government during the COVID-19 period. Again, we started a project. If you read through the …

Would you like to be informed?

Yes, Madam Temporary Speaker.

Sen. M. Kajwang’, you can inform him.

Thank you, Madam Temporary Speaker. I inform Sen. Omogeni, the pioneer and the architect of the anti-corruption laws and instruments and institutions, that the EACC has withdrawn their officers from Senate committee sittings. For the last three weeks, the EACC officer who used to sit in the County Public Accounts Committee (CPAC) has been withdrawn without an explanation, the same thing for the C…

Proceed, Senator.

Thank you. Sen. Kajwang’, the only thing I want to amend from what you have just informed me is do not invite them, you should summon them.

We should summon EACC to appear before us. We tell the country whether we are serious in the fight against corruption, or whether we have allowed the prophecy that was given by Prof. P.L.O. Lumumba to come to reality. If most of you can remember, the moment we created devolved units, he said, if we are not careful as a country, we will devolve corruption. Why for God's sake would EACC withdraw an …

Sen. Methu, do you want to give yourself the Floor when the Chair is holding the House?

Madam Temporary Speaker, I heard you call me and I want to make the best out of the five minutes that I have before we adjourn. As a Member who sits in CPAC, when we speak about pending bills, as I rise to support this particular Motion. We must first define what pending bills are. Pending bills is when somebody has taken his or her own money or a loan, gone to a county like Nairobi or the counti…

Madam Temporary Speaker, every election cycle like in 2017, all the governors who got in had a pending bill verification committee. Every time we invite them, they tell us that they have a pending bill verification committee. This election of 2022, in every county, including Nyandarua, my own county, there was a pending bill verification committee. In every session, we say that there is a pending…

Sen. Methu, you will have a balance of 10 minutes when the next sitting resumes.