Senate · Morning Sitting

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

[(The Quorum Bell was rung)]

Serjeant-at-Arms, ring the Bell for 10 more minutes. Clerk, call the First Order. Let us have the Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights. Those Papers will be laid in the course of time. I also know their first Mediation Committee is being processed.

[(The Quorum Bell was rung)]

Mr. Deputy Speaker, Sir, on behalf of the Chairperson, I beg to lay the following Paper on the Table of the Senate, today 29th May, 2024-

Report of the Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bills No.10 of 2024).

Let us go to Order No.6. The Mediation Report will be done after we receive that document. Sen. Wahome Wamatinga, you had a Paper or a Notice of Motion to present today? Proceed then to give Notice of Motion.

Mr. Deputy Speaker, Sir, I give notice of the following Motion addressing the challenge of power purchase agreement renewals and electricity supply in Kenya- THAT, AWARE THAT on 29th March 2021, a Presidential Taskforce was formed to review power purchase agreements between the Government and Independent Power Producers (IPPs) , during which a moratorium was imposed on Kenya Power and Lighting Co…

NOW THEREFORE notwithstanding the resolution of the National Assembly that imposed a moratorium on Kenya Power whose timeline has lapsed, the Senate, in order to cushion Kenyans from the high cost of electricity, resolves:

Next Order.

Mr. Deputy Speaker, Sir, I thank you for this opportunity. I am raising concern on the delay of Statements by Committees. I have Statements that I requested way back in February, and up to now, I have not gotten any response. I, therefore, need your intervention so that those processes can be fast-tracked. If they delay, then the relevant departments might delay in responding to them or even fail…

Sen. Wafula, if you look at the Order Paper, it only had Questions today, but not Statements. They may be scheduled for today in the afternoon. Sen. Dullo, with regard to the delayed Statements, the Liaison Committee will be discussing that matter. You should be requesting the Chairpersons to fast-track those Statements. Out of the 750 Statements, we are halfway, meaning that almost 50 per cent o…

Thank you, Mr. Deputy Speaker, Sir. I have two issues. The first one is on Statements, and I am happy that the Liaison Committee will be meeting today to discuss those pending Statements. Mr. Deputy Speaker, Sir, if the Liaison Committee could benefit from an unsolicited opinion, we will be proceeding on recess after tomorrow and the amount of work in terms of Statements and Petitions before comm…

Thank you, Sen. Wambua. The reasons given by the Cabinet Secretaries today look very genuine. However, the Senate Business Committee (SBC) will ensure that we still have the Questions of those Cabinet Secretaries who were aligned today next week. I request them to try their level best and appear on Wednesday, next week in order to clear these pending Questions from last week. The Senate Majority …

Mr. Deputy Speaker, Sir, it makes a lot of sense. However, there are certain positions that we had already taken as a House. I hope that today, as your good office dispenses of its responsibility, you shall take into consideration resolutions that we have taken previously.

Number one, you understand that in scheduling of questions, we do it one week prior, at the very minimum. So, there is no Cabinet Secretary who can say they have been ambushed. Yesterday, we scheduled all the Questions of the Cabinet Secretaries that are supposed to appear. In fact, it is only that because we are going on recess. However, we gave them more than seven days. Previously, we had take…

[(Applause)]

Thank you, Senate Majority Leader. Let me give some guidance on this matter. Parliament gives seven days’ notice. It is on our policy that you cannot invite the Cabinet Secretaries in less than seven days’ notice. The same rule should be applied by them, so that they also respect Parliament. They should be

writing on whether they are coming or not, in not less than seven days. That must be followed strictly. Sen. Mungatana, proceed?

Thank you, Mr. Deputy Speaker, Sir. In this House, if you are unable to prosecute a Question or a Statement for whatever reason, we have an understanding that you can give a Senator to hold your brief. Mr. Deputy Speaker, Sir, I need to be protected from the Clerk.

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

Thank you for that. We were consulting on a very important national matter.

Thank you. I wanted you to hear this. In this House, when a Senator is not present for any reason, he can give another Senator the authority to ask the Question or even read a Statement on their behalf. In your response to Cabinet Secretaries who are absent, can you engage the Prime Cabinet Secretary to be organized, as the Senate Majority Leader has said? He should be organized in such a way tha…

I hear you, Sen. Mungatana. That is a matter that can be considered by the SBC. I wonder whether we can get the details that we want. I wonder whether the Cabinet Secretary appearing on behalf of another can make commitments and answer Supplementary Questions. It is a catch-22 situation, but it is something that can be deliberated on. Give him the microphone for one minute.

[(Sen. Mungatana spoke off record)]

Mr. Deputy Speaker, Sir, you are quite right. However, some of the Cabinet Secretaries have even acted in those positions and they would come with the Principal Secretaries. If they have any details they would require, the Principal Secretaries and the support team; the directors who are there can help. Let us push the idea that if somebody is not present, the business of the House should not sta…

beyond the original question and request that the Supplementary Question be put in writing, so that they can tackle it. In this manner, the business of the House will move and not be stalled as has happened previously. I submit.

Standing Order No.51 (c) does not have that provision, but since the Standing Orders are not cast in stone, something can be done through the Procedure and Rules Committee of the Senate to see whether this is possible. I request that we stop lamenting since we have given guidance that Cabinet Secretaries should respect this Senate by giving notice of seven days in advance if they are appearing or…

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, 29th May, 2024- Report of the Mediation Committee on the Division of Revenue Bill (National Assembly Bills No.14 of 2024) . I thank you.

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

Notice of Motion!

Mr. Deputy Speaker, Sir, I beg to give Notice of the following Motion - THAT, the Senate adopts the Report of the Mediation Committee on the Division of Revenue Bill (National Assembly Bills No. 14 of 2024) , laid on the Table of the Senate on Wednesday, 29th May, 2024, and that pursuant to Article 113 (2) of the Constitution and Standing Order No.167 (3) of the Senate, approves the mediated vers…

Let us move to the next Order.