Senate · Afternoon Sitting

Wednesday, 25 September 2024

Session Summary

Senators highlighted serious gaps in mining regulation, citing Chinese operators and the Macalder incident in Migori, and called for committee investigations and clearer frameworks. The debate then shifted to the Division of Revenue (Amendment) Bill, with Sen. Mundigi criticizing inadequate county funding and disparities with MP allocations, urging equitable disbursement. Overall, the session combined criticism of current practices with proposals for oversight and reform. Senators Chimera and Ogola criticised the shortfall in the Ksh 400 billion devolution allocation, noting a missing Ksh 20 billion and its impact on essential services such as education, health, water and roads in their counties. They urged the national government to release the full funds and improve financial support to enable counties to respond effectively to disasters and deliver basic services. Senators praised the Cooperative Societies (Amendment) Bill for aligning the 1997 Act with the 2010 Constitution and devolved government structures. They highlighted new provisions that define national and county responsibilities, introduce a county director role, and set strict timelines for registration to improve efficiency. The debate was largely supportive, emphasizing the bill's potential to strengthen cooperative societies at all levels.

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The Speaker (Hon. Kingi)

Clerk, do we have a quorum? Serjeant-at-Arms, kindly, ring the Quorum Bell for 10 minutes.

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

[(The Quorum Bell was rung)]

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The Speaker (Hon. Kingi)

Order! Hon. Members, we do have a quorum now. So, we will start the business of the afternoon. Clerk, you may proceed to call the first Order.

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Sen. (Dr.) Lelegwe

Report of the Auditor-General on Financial Statements of Thika Level 5 Hospital - County Government of Kiambu for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Nyathuna Level 4 Hospital - County Government of Kiambu for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Lusingetti Level 4 Hospital - County Governmen…

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Let us move to the next Order.

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Sen. Sifuna

Thank you, Mr. Speaker, Sir. If I remember correctly, the directive from the Chair was that the HANSARD would be produced so that I know what I need to substantiate.

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The Speaker (Hon. Kingi)

Very well, it shall be produced in a short while. In the meantime, we will proceed to request for statements pursuant to Standing Order No.53 (1) . Sen. Mundigi, you may proceed.

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Sen. Munyi Mundigi

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Education regarding the rising cases of fires in boarding schools countrywide. I wish to convey my heartfelt condolences to the families who have tragically lost their children due to the recent fire outbreaks in various schools. I also wish a speedy recovery to the children that were …

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The Speaker (Hon. Kingi)

Sen. Eddie Oketch, proceed.

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The Speaker (Hon. Kingi)

copper and gold mines in Nyatike Sub-County, in Migori County which occurred on 14th September, 2024. In this statement, the committee should-

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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 Labour and Social Welfare concerning the fate of casual workers serving in the Health Department of Bungoma County Government. In the statement, the committee should-

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Sen. Kibwana

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 53 (1) to seek a statement from the Standing Committee on Health regarding the state

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Sen. Kibwana

of mental health clinics and the availability of qualified mental health care providers in each county and in the country. In the statement, the committee should-

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Sen. Miraj

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 allocation of housing units to former tenants of Buxton Estate in Mombasa County. The Standing Committee on Roads, Transportation and Housing, in its report on a petition to the Senate by Mr. John Tsuma and other residents of B…

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Sen. Miraj

Mr. Speaker, Sir, again I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Finance and Budget regarding the steps taken by the Central Bank of Kenya (CBK) in maintaining banking hygiene with specific reference to cases of accounts of deceased persons. Many banks in Kenya subject the common mwananchi of Kenya to a lot of unnecessary anguish, especially w…

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The Speaker (Hon. Kingi)

Sen. Miraj, you had another statement.

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Sen. Miraj

No.

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The Speaker (Hon. Kingi)

Good. Proceed, Sen. Wakili Sigei.

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Sen. Wakili Sigei

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the use of excessive force by police officers against demonstrators in Bomet County, which led to the death of one Mr. Robert Chepkwon and injuries to several others. Some small-scale tea farmers in Bomet County came out in the…

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The Speaker (Hon. Kingi)

Sen. Okenyuri.

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Sen. Okenyuri

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement on the tragic death of Dr. Desree Moraa Obwogi, a medical intern at the Gatundu County Referral Hospital, Kiambu County, in a suspected case of suicide. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Statements pursuant to Standing Order No.56 (1) (b) , the Chairperson Standing Committee on Energy, Sen. Kisang’ on behalf of the Chairperson, Sen. Wamatinga.

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Sen. Sifuna

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

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Sifuna? Certainly, it cannot be a point of order.

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Sen. Sifuna

Mr. Speaker, Sir, I just want to remind you that I have now obtained the HANSARD. Perhaps, you can direct what you needed me to do.

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The Speaker (Hon. Kingi)

Once we are done with the statements, I will give you an opportunity to proceed.

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Sen. Sifuna

Mr. Speaker, Sir, I request that this matter be dispensed with; it is causing unnecessary tension in the country.

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The Speaker (Hon. Kingi)

There is absolutely no tension, Senator. Proceed, Sen. Kisang’.

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Sen. Kisang

Thank you, Mr. Speaker, Sir. You know he is also my Member of the Committee. I do not know why he want to interrupt. Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) , to make a statement on the activities of the Standing Committee on Energy for the second quarter of the third session covering the period commencing 1st April to 31st August, 2024.

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Sen. Kisang

During the period under review, the committee held a total of 28 sittings, during which it considered and concluded on one Bill and one inquiry. Attached in the statement is a schedule of the legislative business undertaken by the committee during this period. Mr. Speaker, Sir, during the period under review, the committee considered and concluded nine statements. Six statements are pending befor…

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The Speaker (Hon. Kingi)

Chairperson, Standing Committee on Finance and Budget.

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Sen. Tabitha Mutinda

On behalf of the Chairperson, Standing Committee on Finance and Budget, I rise pursuant to Standing Order No.56 1 (b) to make a statement relating to the activities of the Standing Committee on Finance and Budget for the second quarter of the Third Session covering the period between April to August, 2024. During the period under review, the committee held 44 sittings, during which it processed 4…

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Sen. Tabitha Mutinda

Certified Public Accountants of Kenya (ICPAK), Budget Hub, Office of the Controller of Budget (CoB) and the Council of Governors (CoG). The committee also conducted recruitment process for nomination of a person on behalf of county governments to Salaries and Remuneration Commission (SRC). During the reporting period, the committee carried out pre-publication scrutiny and examined two legislativ…

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The Speaker (Hon. Kingi)

The Chairperson Standing Committee on Health.

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Sen. Mariam Omar

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (b) to make a statement relating to the activities of the Standing Committee on Health for the second quarter of the Third Session covering the period between April to August, 2024. During the period under review, the committee held 28 sittings during which it considered one legislative proposal, 12 Statements, two Petitions…

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Sen. Mariam Omar

Mr. Speaker, Sir, during the period under review, the committee concluded its considerations of a Petition by the Kenyatta University medical students on the management and use of the Kenyatta University Teaching and Referral and Research Hospital by medical students at Kenyatta University and tabled its report. The committee also received a petition regarding the alleged medical negligence and s…

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The Speaker (Hon. Kingi)

Hon. Senators, before I allow comments on those statements, allow me to make the following communication.

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The Speaker (Hon. Kingi)

Hon. Senators, the Floor is open for debate on the Division of Revenue (Amendment) Bill (National Assembly Bills No.38 of 2024) . Proceed, Sen. Mundigi Alexander Munyi.

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Sen. Munyi Mundigi

Bw. Spika, ningependa kuchangia Mswada kuhusu pesa ambazo zitapelekwa kwa kaunti zetu 47. Langu ni kushukuru magavana ambao tulisikia wakitajwa katika orodha ya waliofanya kazi nzuri. Kufanya kazi vizuri ni njia ya kutuonyesha utendakazi bora ili kusaidia ugatuzi. Siungi mkono kupunguzwa kwa pesa ambazo kaunti zinafaa kupata. Mwaka uliopita, tulipitisha shilingi bilioni 385. Hata hivyo, magavana …

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

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Sen. Munyi Mundigi

Kwa hivyo, sisi tukiwa Maseneta, tungeungana pamoja tupinge yale ambayo Serikali kuu na pesa ile ambayo MPs wametupatia; tuipinge zile pesa, shilingi bilioni 380, kwa sababu ni kidogo. Wale MPs ambao wametupatia pesa hizi, wengi wao wamekuwa wakisema kuwa magavana hawafanyi kazi. Ningetaka kuwaambia MPs wote katika Kenya nzima kuwa, kuangalia mambo ya kazi katika kaunti sio wajibu wa MP, ni jukum…

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, Sen. Munyi Mundigi. Sen. Chimera, you have the Floor.

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Sen. Chimera

Asante, Bi. Spika wa Muda, kwa fursa hii ili niweze kupeana changizo langu katika Mswada huu. Ninaunga mkono Mswada huu lakini kwa masikitiko makubwa sana. Hii ni kwa sababu Bunge hili lilipata fursa hapo awali kupitisha zile fedha ambazo zinaenda katika kaunti zetu, ikiwemo kaunti yangu ya Kwale.

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Sen. Chimera

Katika Mswada huu, tumepoteza takribani shilingi bilioni 20. Tulipitisha shilingi bilioni 400 hapo awali na ninaona, katika ile orodha ya fedha inakwenda kwa kaunti zetu katika mwaka huu wa kifedha wa Serikali, ni shilingi bilioni 380. Tunaona kuna upungufu wa shilingi bilioni 20. Ni bayana kwamba magavana wetu wanapata dhiki na taabu sana katika utendakazi wao kwa sababu ya zile shida zote za fe…

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The Temporary Speaker (Sen. Veronica Maina)

Proceed, Sen. Ogola.

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Sen. Ogola

Thank you, Madam Temporary Speaker. From the word go, I want to emphasize that more money should be taken to our counties. The proposal to reduce the Khs400 billion we had voted for as a Senate to be taken to the counties does not arise. Devolution was supported massively in this country because its basis was for services to be taken closer to the people. Our people at the grassroots level do not…

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Sen. Ogola

the people of Kenya want are services that range from health, provision of water, access roads and all other services. As we debate this, we must take into consideration that over 80 per cent of the monies we have in this country remain at the hands of the national Government. The little that is taken to the counties; for this matter, the Kshs400 billion that was discussed, should never, ever be …

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Sen. Ogola

In our counties, there are upcoming markets, towns and municipalities. In my own county, there are almost over two municipalities that were conferred the status of municipality, but there is no money that they receive from the World Bank as other municipalities do. This means that the County Government of Homa Bay has to get resources to sustain this municipality. One of them is Ndhiwa municipali…

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, Sen. Ogola. Sen. Dullo, proceed. There is no other Senator wishing to contribute. So, I will ask Sen. (Dr.) Khalwale to reply to the Motion. You may proceed.

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

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Sen. (Dr.) Khalwale

Thank you, Madam Temporary Speaker. I rise to reply. I thank the House for standing with the committee. Several people have spoken. It is instructive that only one Senator has disagreed with the committee. That is Sen. Chimera. I would like to appeal to him that when it comes to voting, he should join the rest of the Members of the House because we cannot, as a Chamber, entertain any possibility o…

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Sen. (Dr.) Khalwale

I would like to request the Members of the National Assembly to bear with this reality and allow the Kshs400.16 billion to pass. There are many areas in Government’s Ministries, Departments and Agencies (MDAs) where rationalization can be done so that this Kshs20 billion can be found. Members of the public might not be knowing that Members of Parliament (MPs) are given a whopping Kshs80 million to…

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The Temporary Speaker (Sen. Veronica Maina)

Thank you, hon. Senator. I direct that the putting of question in respect of the Motion that was being debated be deferred to tomorrow's sitting at 2.30 p.m. Next Order.

[(Putting of question on the Bill deferred)]

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Mwaruma is not here, so this Bill will be deferred. Next Order.

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Seki is not here, so this Bill will be deferred.