Senate · Afternoon Sitting

Clerk, do we have 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)]

Serjeant-at-Arms, you may stop the Bell. We have quorum now. Clerk, proceed to call the first Order, please. Proceed, the Senate Majority Leader.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Wednesday 28th February, 2024 - Report of the Auditor-General on Financial Statement of the Wajir County Revolving Fund for the year ended 30th June, 2015.

Report of the Auditor-General on Financial Statement of the Wajir County Revolving Fund for the year ended 30th June, 2016. Report of the Auditor-General on Financial Statement of the Nyandarua County Bursary Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statement of the Nyandarua County Emergency Fund for the year ended 30th June, 2023. Report of the Audit…

Proceed, Sen. Mumma.

That Paper is deferred.

Next Order

Thank you, Mr. Speaker, Sir. My Statement is on an issue of general topical concern, on delays in the processing of Bills. Mr. Speaker, Sir, I rise Pursuant to Standing Order No. 52 (1) , to make a Statement on a matter of general topical concern, drawing the attention of this honourable House to the persistent challenges faced in the legislative process, particularly, regarding the delays encoun…

Mr. Speaker, Sir, the protracted delays and bottlenecks in the legislative process hinder our ability, as Senators, to fulfil our mandate of representing interests of our constituents effectively. It also undermines the credibility and efficiency of the Senate, as an institution entrusted with the responsibility of law making and oversight. Therefore, I urge this honourable House to consider mea…

[(Applause)]

Statement pursuant to Standing Order No.53 (1) . Proceed, Sen. Tabitha Mutinda.

Proceed, Sen. Chute.

Proceed, Sen. Wakili Sigei.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding the safety, security and freedom of journalists while performing their duties in Bomet County. In the Statement, the Committee should-

Proceed, Sen. Kathuri.

Proceed, Sen. Mbugua.

Proceed, Sen. Mwaruma.

Thank you, Mr. Speaker, Sir, for this opportunity. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the land boundary dispute between residents of Marungu Village and Oza Group Ranch, in Taita-Taveta County. In the Statement, the Committee should -

Proceed, Sen. Kavindu Muthama.

Mr. Speaker, Sir, I read this Statement on behalf of Sen. Tabitha Mutinda, who is a Member of my delegation. I rise pursuant to Standing Order No. ----

Sen. Sifuna, that Statement had been dropped. So, start by giving compelling reasons why I should reinstate it and allow you to proceed.

Mr. Speaker, Sir, she had asked me to do so, but I forgot that her Statement was the first on the list. I profusely apologize and pray that you do not visit the wrath of God on me.

Proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Education, regarding the state of infrastructure at Mwiki Primary School in Githurai area. In the Statement, the Committee should -

Sen. Wakili Sigei, you know you cannot rise on a point of order.

Thank you, Mr. Speaker, Sir. Allow me to correct an impression that might have been created earlier on when I was seeking a Statement. I sought for the Statement from the Committee on Justice, Legal affairs and Human Rights rather than the National Security, Defence and Human rights Relations. I am seeking a Statement from the Standing Committee of National Security, Defence and Human Rights Relat…

Very well. Proceed, Sen. Olekina.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism on the status of tourism and the consequent lease agreements entered into by proprietors in the greater Maasai Mara, the Mara Triangle and the County Government of Narok. In the Statement, the Committee should -

The Hon. Sen. Kavindu Muthama was on her feet when we adjourned.

[(Sen. Olekina spoke off record)]

Thank you, Mr. Speaker, Sir. I have even lost my train of thought because of that interruption.

Thank you, Mr. Speaker, Sir, for the opportunity to comment on the Report of the Committee on Energy regarding electricity. I rise to support that Report and thank the Senator for Nyeri and Chairperson of the Committee, Sen. Wamatinga, and his team for the good work they have done. The cost of electricity in this country has been an impediment towards achievement of industrialization as a nation …

[(Sen. Tabitha Keroche, Sen. Munyi Mundigi and Sen. Cherarkey consulted loudly)]

Order, Sen. Tabitha Keroche and company!

Thank you, Mr. Speaker, Sir. I have even lost my train of thought because of that interruption.

The frequency of blackouts is high, making productivity difficult in this country. Nobody takes KPC to task for household losses, particularly when there are blackouts. Many people have lost their fridges and electronics because of power failures and blackouts. It is time we became strict with KPC, which is a monopoly. We should open up this space so that we can have more companies distributing e…

Sen. Faki, proceed.

Cha msingi ni kwamba ni lazima ukiritimba wa KPC uondolewe. Hilo likifanyika, bei za bidhaa zitashuka na wananchi watapata huduma bora kuliko zinazotolewa sasa. Asante, Bw. Spika, naunga mkono ripoti hii.

Ripoti hii ni muhimu sana kwa sababu imeangalia kwa undani maswala yanayosababisha kuwa na gharama ya juu ya kawi ya umeme nchini. Ripoti imeguzia mambo mengi. Cha msingi ni kwamba wakati umefika kubadili monopoly ya KPC katika kusambaza umeme nchini. Sehemu nyingi hazina umeme. Kauli mbiu ya kampuni hii ilikuwa ni umeme mashinani ila kwa sasa hakuna umeme mashinani. Kamati ya Kawi imesahau kup…

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon of visiting teachers and students from Kangara Secondary School in Embu County. The delegation comprises three teachers and 47 students, who are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome…

[(Applause)]

Thank you, Mr. Deputy Speaker, Sir. I take this golden opportunity to welcome our students from Kisima Girls Secondary School. I want to encourage them to pursue their dreams with the fierceness of a northern girl and the bravery of a pastoralist child. At the moment, we are facing a lot of attacks from our neighbouring Pokot neighbours, the bandits. As much as we are going through this tumultuou…

Yes, Mr. Deputy Speaker, Sir.

Proceed to welcome the visitors.

Thank you, Mr. Deputy Speaker, Sir. I take this golden opportunity to welcome our students from Kisima Girls Secondary School. I want to encourage them to pursue their dreams with the fierceness of a northern girl and the bravery of a pastoralist child. At the moment, we are facing a lot of attacks from our neighbouring Pokot neighbours, the bandits. As much as we are going through this tumultuou…

Thank you. Sen. Cherarkey, you mentioned a candidate for the LSK post. How did you sneak this candidate before me? Immediately after you mentioned this Edna Arati, I have just seen this candidate before my eyes. You are out of order, where I sit is not a campaign Table. Next is Sen. Tabitha Mutinda.

issues. Out of respect and aware of the input that we have put as a Committee in the Report on CPIC, I agree to his request and wrap it up at that point. I congratulate the Committee on Energy for the good job that they have done. I also congratulate the Senate Business Committee (SBC) for prioritizing reports that the Members have wrapped up and need to be tabled in this House. Thank you.

I am happy that my Senator for Nairobi, Sen. Sifuna, has a Bill which I have also noted in the Report. It is going to look at the transparency issues as far as energy agreements are concerned. It is through this old system that cartels know the tender that is coming aboard. So, agreements are done prior. In the eventuality that the agreements are settled, the output, or what that supplier needs t…

issues. Out of respect and aware of the input that we have put as a Committee in the Report on CPIC, I agree to his request and wrap it up at that point. I congratulate the Committee on Energy for the good job that they have done. I also congratulate the Senate Business Committee (SBC) for prioritizing reports that the Members have wrapped up and need to be tabled in this House. Thank you.

Sen. Thang’wa?

Asante sana Bw. Naibu Spika. Naomba kuchangia hii Ripoti kwa lugha ya Kiswahili. Hii ni kwa sababu kulikuwa na wanafunzi wa shule inayoitwa Kisima, nimeona ni vizuri niongee Kiswahili. Hapo jana, wakazi wa Kiambu walipokuwa wanaelekea nyumbani baada ya kazi, wengi wao walifika kwa nyumba zao wakapata giza. Walilala giza, wakaamkia giza na wameshinda giza mchana kutwa. Inasemekana kuna miti iliyo…

Hiyo ni kumaanisha labda sisi ndio tumelalia masikio kama Seneti. Labda tungekuwa tumeleta Mswada hapa ili watu wa kule vijijini wapate fursa ya kuzalisha na kuuza umeme. Bw. Naibu Spika, kaunti zina jukumu la kuzoa taka. Katika nchi ambazo zimeendelea, taka ni rotuba. Unaweza kuzalisha umeme kutoka kwenye taka. Tunapeleka pesa nyingi kwenye kaunti ilhali hakuna kaunti yoyote katika nchi nzima am…

According to my screen, I can see two Senators willing to contribute. However, they are not around. That is Sen. Orwoba and Sen. (Prof.) Tom Odhiambo Ojienda, SC. Since there is no other Senator willing to contribute, I will call upon the Mover to reply. Sen. Wamatinga, please, proceed.

As I was saying, the smart meters are something that can be produced locally by our local institutions. This will create employment and at the same time allow technology transfer. We repeatedly do some of these things wrongly. We know that there is expected demand and in collaboration with institutions of higher learning, we can start manufacturing or assembling the smart meters so that we create…

As it has been pointed out by various contributors on the Floor of this House, the energy sector is one of the areas that Kenya needs to get right for us to move forward. We know that energy is one of the key enablers of industrial development. We know that the Kenya Kwanza Government is committed to starting agro- processing parks in all the 47 counties to provide hundreds of thousands of afford…

As I was saying, the smart meters are something that can be produced locally by our local institutions. This will create employment and at the same time allow technology transfer. We repeatedly do some of these things wrongly. We know that there is expected demand and in collaboration with institutions of higher learning, we can start manufacturing or assembling the smart meters so that we create…

Thank you, Chairperson. Hon. Senators, according to Standing Order No.84 (1) , this Motion does not concern counties and, therefore, I put the Question. Let us go to the next Order.

[(Question put and agreed to)]

Thank you, Mr. Deputy Speaker, Sir. I beg to move the following Motion- THAT, the Senate adopts the Report of the Select Committee on County Public Investments and Special Funds on non-remittance of pension deductions to the Pension Schemes by County Government entities laid on the Table of the Senate on Wednesday, 14th February, 2024. Mr. Deputy Speaker, Sir, the CPIC in its usual engagement wi…

Mr. Deputy Speaker, Sir, in its appearance before the Committee, the Ministry of the National Treasury and Economic Planning submitted that the matter of outstanding pension liability was weighty and therefore requested the Committee to take the matter seriously and ensure that the pensioners who are languishing in poverty are assisted by the House. They requested the Committee to plan for a publi…

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

billion represented accumulated penalties. In case of the debt owed to NSSF by the defunct local authorities, out of the Kshs1.8 billion owed, Kshs1.6 billion represented the accumulated penalties. These penalties are provided for in law as I will demonstrate later. This is also evident in the data submitted in the other pension schemes. For instance, out of the KShs57.5 billion, owed to LAPFUND …

Mr. Temporary Speaker, Sir, we have listed other observations in the Report. The ones I have highlighted are the most crucial that the Committee considered. Out of the observations, the Committee has come up with watertight recommendations with an intention of ensuring this Senate helps the pensioners get the rightful and legally money owed. Allow me to go through the recommendations, which are w…

Sen. Sifuna, proceed to second the Motion.

Thank you, Mr. Temporary Speaker, Sir. I also thank the Chairperson of the Committee on County Public Investments Committee (CPIC) for the honour of seconding the Motion. I assure Sen. Olekina that I will only take five minutes. It is the American gangster Al Capone who said that you should not mistake his kindness for weakness. This Senate needs to get tougher on governors because they have hear…

Hon. Senators, let us agree. Do we limit the debate to 3 or 5 minutes?

[(Loud Consultations)]

Mr. Temporary Speaker, Sir, because of the interest in this matter and we only have 13 minutes, I propose that we limit debate to 5 or 3 minutes.

When we met with the County Government Workers Union, they also pointed out penalties that have accrued and its interest. It also increases the cost and the outstanding bills of these pension amounts. As Nairobi City County leads with the highest pending bills, part of those pending bills are also part of the pension funds that have not been remitted by the same counties for the longest. It has a…

[(Loud Consultations)]

Thank you so much, Mr. Temporary Speaker, Sir. I will go directly because of time. I appreciate my colleagues from the County Public Investments and Special Funds Committee (CPIC) which is new. We are very happy led by our Hon. Chairperson, Sen. Osotsi, for ensuring we table this Report. Mr. Temporary Speaker, you can see the Members of CPIC are here. This is a matter that has affected our employ…

Mr. Temporary Speaker, Sir, we need to have foresight on how we deal with these issues. If today, some of the Kenyan civil servants who have given their life and worked so hard for this country retire, they would spend half of their remaining time in this life going to the pension funds to collect their retirement benefits and they will be told there is no money because county governments have not…

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

Mr. Temporary Speaker, Sir, we need to have foresight on how we deal with these issues. If today, some of the Kenyan civil servants who have given their life and worked so hard for this country retire, they would spend half of their remaining time in this life going to the pension funds to collect their retirement benefits and they will be told there is no money because county governments have not…

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

Hon. Senators, it is now 6.30 p.m. time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday, 29th February, 2024 at 2.30 p.m. When we resume, Sen. (Prof.) Ojienda will have a balance of three minutes to conclude his contribution. The Senate rose at 6.30 p.m.

that in terms of the PFM Act, the strict controls that we have recommended and the role of the Controller of Budget, we will ensure that the two counties that owe the most; Nairobi City County at Kshs30 billion and Mombasa County at Kshs8 billion, are able to pay their debts through a check-off system. Mr. Temporary Speaker, Sir, the Kenya Revenue Authority (KRA) had to be roped into this process…