Senate · Afternoon Sitting

I was inquiring whether we have the requisite quorum. Ring the Quorum Bell for three minutes. Now we have quorum. Call out the first Order.

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

Hon. Senators, I have two Petitions which I will read simultaneously.

Hon. Senators, I hereby report to the Senate that a Petition has been submitted to the Senate by CCP Mokaya Magembe Benard on behalf of the Council of the Institute of Credit Management Kenya (ICM-K), concerning the enactment of legislation to regulate the credit profession. As you are aware, under Article 119(1) of the Constitution---

Sen. Mwaruma, find your way to your seat.

[(Sen. Mwaruma walked into the Chamber)]

I did not ask you to find your way without bowing at the bar.

[(Sen. Mwaruma bowed to the Chair)]

This is another Petition to the Senate concerning lack of implementation of a resolution to absorb the contracted instructors under the Economic Stimulus Programme (ESP) by the County Government of Nyeri. Hon. Senators, I hereby report that a Petition has been submitted to the Senate by Mr. Julius Wairiuko Wanjohi concerning lack of implementation of a resolution to absorb the contracted instruct…

[(Sen. Joe Nyutu walked into the Chamber)]

Hon. Senator, this is a long Petition. So, I allow you to sit on the nearest seat. Hon. Senators, the salient issues raised in this Petition are the following- THAT, in July 1989, the petitioner was employed by the then Ministry of Education as a Carpentry Instructor II and posted to Kiaguthu Youth Polytechnic in Nyeri. THAT, following the promulgation of the Constitution of Kenya 2010 and the a…

The meeting resolved, among others, that, the contracts of the instructors under the economic stimulus program be extended up to 30th June 2015, and thereafter, the instructors be absorbed by the county governments on permanent and pensionable terms. The county governments were required to make budgetary provisions to pay the staff following the passage of the County Allocation of Revenue Act. Ho…

Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity. I would like to comment on the second Petition in relation to the training institutes, which by the Constitution, have been devolved to counties. It is not just in Nyeri County, but it has happened to many other parts of the country. It is a matter that touch all the counties. However, the decision made on the Petition from Nyeri w…

I support this particular Petition. It is urgent and the whole country is waiting for it.

Next, Sen. Osotsi.

Thank you, Mr. Deputy Speaker, Sir. I wish to comment on the first Petition, which is a petition to request for the formation of a credit management institute, which will regulate credit management profession in the country. Whereas, I support the idea of having a professional organization, having a legislation around regulating a particular profession has to be done with a lot of care, so that w…

I request the Committee to also interrogate ICPAK so that they can find out what is this special need of having a credit management institute which is separate from its ICPAK. Mr. Deputy Speaker, Sir, I support the Petition.

Sen. Mandago, proceed.

Thank you, Mr. Deputy Speaker, Sir, I rise to support the Petition from Nyeri County on the lack of absorption of the instructors to the county vocational training colleges. I stand here to confirm that the instructors to vocational training colleges are supposed to be employees of county governments because vocational training colleges, the then village polytechnics, were devolved and are a func…

Thank you. Sen. Omogeni, proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Petition by CCP Mokaya Magembe on credit professional regulation. This is timely. The only thing I would like to propose is to amend the heading of this Petition to include the practice and giving of credit in the market. There are so many shylocks in town calling themselves credit bureaus that prey on innocent Kenyans. I do not know wheth…

Khalwale, you remember during late President Moi’s regime, people were paying interest of up to 48 percent but President Mwai Kibaki brought it down. So, let us respond to the demand in the market and make credit accessible to Kenyans. We should get a way of helping Kenyans not to be subjected to this kind of mistreatment from these credit bureaus. So, I fully support and I hope the Committee th…

Thank you.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Petition on Credit --- not really credit institutions. I think there is an issue here. I believe most credit institutions that operate are shylocks. The Central Bank of Kenya (CBK) is not doing its job. The CBK is the one that should ensure that the credit institutions that lend money, as Sen. Omogeni has said, should be put under the rada…

employees on permanent and pensionable terms while the others have taken, yet the money has already been sent to County Government of Nyeri. So, I support the two Petitions but this one on credit institutions, we need to relook at it very critically so that we do not have to do other laws. If there is any need to amend the law that created ICPAK and KASNEB, we can relook into it and maybe do amen…

Thank you. Sen. Ogola, you may proceed.

Thank you, Mr. Deputy Speaker, Sir, for giving me the chance. I rise to support the Petition by Mr. Julius Wanjohi, concerning the instructors that were employed by the Ministry of Education under the Economic Stimulus Programme by the Nyeri County Government. The Transition Authority was a legal entity that was put in place to ensure everything was harmonized at the onset of devolution. The gove…

Hon. Senators, I will give a few more Senators a chance to utilize the 30 minutes after I recognize these visitors.

[(Interruption of debate on the Petitions)]

Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of this Senate, today 24th May, 2023 - Report of the Auditor-General, for the year ended 30th June, 2022 on the financial statements of the following - Annual Report and financial statements of the Salaries and Remuneration Commission (SRC) for the financial year ended 30th June, 2022. Report of the Auditor-General on the f…

Thank you, Senate Majority Whip. Let us go to the next Order. We have two notices of Motion. The first one is from the Senate Majority Leader. Who has that notice of Motion?

Thank you, Mr. Deputy Speaker, Sir, for allowing me to consult. This is a rare notice of Motion where we want to change the calendar of the House. Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion- THAT, notwithstanding the Resolutions of the Senate made on 16th February, 2023, and 29th March, 2023, pursuant to Standing Order No. 32 on approval of the Senate calendar for Regul…

The next notice of Motion is by Sen. Faki. Seneta wa Mombasa, unapeana notisi?

Mr. Deputy Speaker, Sir, I beg to give Notice of the following Motion - THAT, AWARE THAT rapid urbanization, as experienced in most Kenyan towns contributes to a significant portion of greenhouse gas emissions leading to environmental degradation; FURTHER AWARE THAT factors associated with urbanization, including changes to a more sedentary lifestyle, diet and environment have resulted in an incr…

Thank you, Mr. Deputy Speaker, Sir. I seek your indulgence because after careful deliberation and due consideration, I wish to withdraw that Statement and in place of it, approach your office so that I can change from Standing Order No. 53 to Standing Order No. 52. Thank you.

Very well. Next is the Statement by Senator for Lamu County, Sen. Githuku.

[(Statement withdrawn)]

Mr. Deputy 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---

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

What is your point of order?

Mr. Deputy Speaker, Sir, did you see Sen. Chimera disappear and came back having changed his coat? I do not know what he is hiding in the House. He has just crossed the Floor to the other isle without bowing. Interestingly, he has changed from his lighter colored coat to a darker one.

Sen. Chimera, can you go back to the Bar and move appropriately.

[(Sen. Chimera walked to the Bar and bowed to the Chair)]

Proceed, Sen. Ogola.

Thank you, Mr. Deputy Speaker, Sir. Just as Sen. Chimera did so, I heard a comment from behind me that the coat is also oversized.

[(Laughter)]

Next Statement by Sen. Okenyuri.

[(A hon. Member spoke off record)]

It will be after this. Let us combine both of them.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations, concerning the county boundary dispute between Kisii County and Nyamira County In the Statement, the Committee should–

I will take very brief comments from two or three Senators. Proceed, Sen. M. Kajwang’.

Mr. Deputy Speaker, Sir, I have an interest in the two Statements requested starting with the one by Sen. Okenyuri. I am the sponsor of the County Boundaries Bill that is before the House. I have asked the Clerk to circulate the Bill and the report of the Committee that considered it. If possible, this House can debate the Bill tomorrow and pass it. This is the solution to the boundary disputes w…

perpetual dispute. Nandi and Homa Bay and Nandi and Kisumu Counties have been in perpetual dispute. I encourage Members of this House that if the matter is on the Order Paper tomorrow, let us pronounce ourselves and have a Counties Boundaries Bill that can provide affected persons and communities with a lasting solution. On the other Statement request by Sen. Ogolla, I have seen it will be handl…

Sen. Cheptumo, proceed. Kindly use only two minutes.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the important Statement by Sen. Ogolla on the expansion of Kabunde Airstrip. My County of Baringo County has no functional airstrip. We have the Kabarnet Airstrip. If some resources are put to that airstrip to expand it, we can have flights to Baringo directly from Nairobi or through Kabarnet, Eldoret to Lodwar and so on. Air transport is fast…

If you look at Eldoret International Airport, it is an important strategic airport in this country. For Baringo County, you have to go to Eldoret Airport then drive back to Baringo through Iten. It is an important Statement. The Committee responsible should look at the other areas so that we improve and expand airstrips in the country. I support.

Sen. Wafula, proceed.

Mr. Deputy Speaker, Sir, I apologize. I have nothing to say. I was to contribute to something else.

Sen. (Prof.) Tom Odhiambo Ojienda, proceed.

Thank you, Mr. Deputy Speaker, Sir. Let me contribute to the twin issues. One of land compensation for Kabunde Airport and other airports under expansion. Specifically, I know that Kisumu International Airport is one of the classes of airports that require expansion for purpose of trade. I join the issue with the question of land compensation. I know that His Excellency the President gave a direc…

I laud the Cabinet Secretary for Transport for giving priority to the expansion of airports and airstrips, including the Kakamega Airport, which is one of the airports that is under extension. I thank you.

Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity to contribute to the Statement by Sen. Ogola, on the issue of the compensation of those who give their land for the building of the airstrip, Infrastructure development is a vital enabler for the growth of an economy. It is important that even as we have recognized this in our blueprint Vision 2030, we operate in such a way that whe…

Mr. Deputy Speaker, Sir, thank you for the opportunity to address the House. I stand to support the two Statements by the two eminent Senators. On air travel, it cannot be overstated that the country is long overdue. Given the nature of land in this country, it would require that each county at this stage should be able to set aside at least 200 to 300 acres for the development, not just of an ai…

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to also make my contribution. I rise to support Sen. Ogola’s Statement on the expansion of airstrips. It will be a bit unfair for my learned friend, Sen. (Prof.) Tom Ojienda to stand before the House and talk about the expansion of Kisumu International Airport, whereas we have other counties without airstrips. As we speak, the on…

Hon. Senators, I want to reorganize the business. The business appearing as Order No.8 is deferred. Now, we go to Order Nos.9 and 10. We shall handle them simultaneously in the Committee of the Whole.

Hon. Senators, when the Committee of the Whole is called, Senators should stand up. Senior Sen. (Dr.) Khalwale.

[(The hon. Senators stood up in their places)]

Thank you, Madam Temporary Chairperson. I beg to move- THAT, Clause 2 of the Bill be amended by deleting the words “thirteen billion, eight hundred ninety-three million, seven ninety- one thousand, six hundred forty-four (Ksh 13,893,791,644) ” appearing immediately after the words “Kenya Shillings” and substituting therefor the words “ten billion, three hundred thirty million, three hundred sevent…

The reason is that when we first tabled this Bill, as a Committee, the outstanding balance for Equalization Fund was amounting to Kshs.13 billion. The total sum is Kshs52 billion. When I moved this Bill, I clearly explained and indicated what was approved was Kshs26 billion. Out of the Kshs26 billion, only Kshs12 billion had been remitted. So, the outstanding bill is supposed to be Kshs13 billion…

Madam Temporary Chairperson, I beg to Move- THAT, the Bill be amended by deleting the schedule and substituting therefor the following new schedule- SCHEDULE (s.3)

Sub-class total 309,909,523 Development Expenditure KSh COUNTY

Madam Temporary Chairperson, I beg to Move- THAT, the Bill be amended by deleting the schedule and substituting therefor the following new schedule- SCHEDULE (s.3)

Sub-class total 309,909,523 Development Expenditure KSh COUNTY

BUNGOMA The amount required in the year ending 30th June, 2023 in Bungoma County for development expenses (provision of basic services including water, roads, health facilities and electricity) 58,779,836

GARISSA The amount required in the year ending 30th June, 2023 in Garissa County for development expenses (provision of basic services including water, roads, health facilities and electricity) 630,912,260 BALAMBALA 33,253,796 DANYERE 49,166,237 JARAJARA 16,231,091 SAKA 22,784,451 SANKURI 36,290,988 Constituency Total 157,726,562 DADAAB ABAKAILE 15,989,598 DADAAB 8,631,598 DAMAJALE 22,434,738 DER…

MARIAKANI 7,554,401

MASINGA KIVAA 6,153,545 MUTHESYA 6,769,802 Constituency Total 12,923,347 MANDERA The amount required in the year ending 30th June, in Mandera County for development expenses (provision of basic services including water, roads, health facilities and electricity) 753,408,998 BANISSA 17,661,006 DERKHALE 17,946,588 GUBA 16,935,527 KILIWAHERI 18,488,693 MALKAMARI 25,984,976 Constituency Total 97,016,7…

WARGADUD 16,336,305 Constituency Total 139,700,812

MERU The amount required in the year ending 30th June, 2023 in Meru County for development expenses (provision of basic services including water, roads, health facilities and electricity) 29,927,013

NAKURU The amount required in the year ending 30th June, 2023 in Nakuru County for development expenses (provision of basic services including water, roads, health facilities and electricity) 6,435,119

PORRO 48,950,797

GALOLE CHEWANI 29,376,892 KINAKOMBA 48,519,919 WAYU 42,932,528 Constituency Total 120,829,338 GARSEN

LOIMA 33,203,693

WAJIR The amount required in the year ending 30th June, 2023 in Wajir County for development expenses (provision of basic services including water, roads, health facilities and electricity) 730,167,615 ELDAS DELLA 25,376,736 ELDAS 16,741,131

(Question that the Title and Clause 1 be part of the Bill proposed) The Temporary Chairperson (Sen. Mumma): Division will be at the end. Members, we have finished canvassing the Clauses on the Bill. I call upon the Mover.

(Question that the Title and Clause 1 be part of the Bill proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT, Clause 6 of the Bill be amended –

Madam Temporary Chairperson, I beg to move- THAT, Clause 7 of the Bill be amended in subclause (2) by -

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended in the heading to Part II by deleting the words “EDUCATION AND” appearing immediately after the words

Madam Temporary Chairperson, I beg to move- THAT, Clause 4 of the Bill be amended -

Madam Temporary Chairperson, I beg to move- THAT, Clause 5 of the Bill be amended in paragraph (e) by deleting the words “education and” appearing immediately after the words “development of vocational”. (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT, Clause 11 of the Bill be amended in sub-clause (1) by –

Madam Temporary Chairperson, I beg to move- THAT, Clause 12 of the Bill be amended –

Madam Temporary Chairperson, I beg to move- THAT, Clause 13 of the Bill be amended –

Madam Temporary Chairperson, I beg to move- THAT, Clause 14 of the Bill be amended -

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting clause 8 and substituting therefor the following new clause – Categories of vocational training centres

Madam Temporary Chairperson, I beg to move- THAT, Clause 9 of the Bill be amended –

Madam Temporary Chairperson, I beg to move- THAT, Clause 10 of the Bill be amended –

Clause 18

Madam Temporary Chairperson, I beg to move: THAT, Clause 18 of the Bill be amended –

Madam Temporary Chairperson, I beg to move: THAT, the Bill be amended in the heading to Part III by deleting the words “EDUCATION AND” appearing immediately after the words

Madam Temporary Chairperson, I beg to move- THAT, Clause 14 of the Bill be amended -

Madam Temporary Chairperson, I beg to move- THAT, Clause 15 of the Bill be amended in sub-clause (2) by deleting the words “education and” appearing immediately after the words “licenced vocational”. (Question of the amendment proposed) The Temporary Chairperson (

THAT, the Bill be amended by deleting Clause 21 and substituting therefor the following new clause – Board of management 21. (1) There is established in each vocational training centre, a Board to be known as the Board of Management.

Madam Temporary Chairperson, I beg to move- THAT, Clause 16 of the Bill be amended in subclause (1) by –

THAT, Clause of the Bill be amended – in paragraph (a) by deleting the words “education and” appearing immediately after the words “in the vocational”;

Madam Temporary Chairperson, I beg to move: THAT, the Bill be amended by deleting Clause 27 and substituting therefor the following new clause –

Madam Temporary Chairperson, I beg to move: THAT, Clause 29 of the Bill be amended –

Madam Temporary Chairperson, I beg to move - THAT, Clause 30 of the Bill be amended in subclause (2) by deleting the words “education and” appearing immediately after the words “licensed vocational’”. The Temporary Chairperson (Sen. Mumma) : Division will be at the end. Clause 31

[(Question of the amendment proposed)]

Madam Temporary Chairperson, I beg to move: THAT, Clause 31 of the Bill be amended –

Madam Temporary Chairperson, I beg to move:

Madam Temporary Chairperson, I beg to move: THAT, Clause 2 of the Bill be amended –

Madam Temporary Chairperson, I beg to move: THAT the Bill be amended by deleting clause 1 and substituting therefor the following new clause – Short title 1. This Act may be cited as the Vocational Training Act, 2022. The Temporary Chairperson (Sen. Mumma) : Division will be at the end. I now call upon the Mover to report on progress.

[(Question of the amendment proposed)]

[[The Deputy Speaker (Sen. Kathuri) in the Chair]]

Madam Temporary Chairperson, I beg to move: THAT, the Bill be amended by deleting Clause 27 and substituting therefor the following new clause –

The Temporary Chairperson, Committee of the Whole, please report progress.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Equalization Fund Appropriation Bill (Senate Bills No. 3 of 2023) and seeks leave to sit again tomorrow.

Let us have the Mover of the Equalization Fund Appropriation Bill (Senate Bills No. 3 of 2023)

Thank you, Mr. Deputy Speaker, Sir. I beg to move that the House agree with the Committee on the said report.

Madam Temporary Chairperson, I beg to move: THAT, Clause 31 of the Bill be amended –

Madam Temporary Chairperson, I beg to move - THAT, Clause 34 of the Bill be amended –

Madam Temporary Chairperson, I beg to move: THAT, Clause 38 of the Bill be amended –

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has Considered the County Vocational Education and Training Bill (Senate Bills No. 3 of 2022) and seeks leave to sit again tomorrow.

The Mover, you may have the Floor.

Mr. Deputy Speaker, Sir, I beg to move that the House do I agree with the Committee on the said report. The Senator for Busia County shall second.

Madam Temporary Chairperson, pursuant to Standing Order No.53, I beg to move that the Committee of the Whole do report progress on its consideration of the County Vocational Education and Training Bill (Senate Bill No.3 0f 2022) and seeks leave to sit again tomorrow.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

[[The Deputy Speaker (Sen. Kathuri) in the Chair]]

The Temporary Chairperson, Committee of the Whole, please report progress.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Equalization Fund Appropriation Bill (Senate Bills No. 3 of 2023) and seeks leave to sit again tomorrow.

Let us have the Mover of the Equalization Fund Appropriation Bill (Senate Bills No. 3 of 2023)

Sen. Beth Syengo, you may have the Floor.

Thank you, Mr. Deputy Speaker, Sir. I rise to move the Bill on Cotton Industry Development. The objective of this Bill is to provide for policy and institutional framework within which the cotton industry operates by establishing Cotton Development Board of Kenya.

Sorry, Sen. Beth Syengo. Kindly approach the Table for guidance.

[(Sen. Beth Syengo approached the Table)]

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

Proceed.

Thank you, Madam Temporary Speaker. I beg to move that the Cotton Industry Development Bill (Senate Bills No.5 of 2023) be read a Second Time. The object of this Bill is to provide for policy and institutional framework within which cotton industry operates by establishing Cotton Development Board. When I was growing up, cotton was being grown in this country. It was one of the major foreign exc…

Mr. Deputy Speaker, Sir, I beg to move that the House do I agree with the Committee on the said report. The Senator for Busia County shall second.

Sen. Okiya Omtatah, please second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Vile vile, Serikali za kaunti zimepewa majukumu ya kuwapa mbegu na pembejeo wakulima hawa ili maeneo ya Nyanza, yaliyo na kiwanda ama taasisi ya uchunguzi na utafiti wa upanzi wa pamba uweze kuimarishwa maradufu ili Wakenya waendelee kunufaika. Kwa hayo machache, Bi. Spika wa Muda, naomba kuunga mkono Mswada wa Mhe. Beth Syengo. Asante sana.

Cotton has been part of our urban centres and structures. When you drive along the roads of the cotton growing areas, you will find centres called store pamba, which simply means cotton store or store ya pamba. You will find in Homa Bay and Kisumu a centre called store pamba. One unique thing about store pambas is that they are huge warehouses where people used to bring and aggregate their cotton…