Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Clerk, do we have quorum in the House now? Do we have quorum inside the House? I do not want to go by what Sen. Gloria is telling me that there are two outside.

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

[(The Quorum Bell was rung)]

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

[(Sen. Orwoba spoke off record)]

[(Loud consultations)]

Hon. Senators, I wish to acknowledge the presence in the Speaker’s Gallery this afternoon, of a visiting delegation from the Institute of Economic Affairs Kenya. The delegation comprises members of staff and students who are in the Senate for a day’s visit. On behalf of the Senate and my own behalf, I extend a warm welcome and wish them a fruitful visit.

[(Applause)]

Thank you, Mr. Speaker, Sir. I join you in welcoming this team from the Institute of Economic Affairs Kenya. If I am not mistaken, this is the think-tank led by Dr. Kwame Owino. Yes, I can see them nod. When we had deliberations on the cost of living at the National Dialogue Committee, one of the institutions whose presentation I really enjoyed was this one. I may not agree entirely with what the…

Thank you, Senate Majority Leader. Next Order, please.

Let us have the Chairperson or any Member of the Committee on Justice, Legal Affairs and Human Rights. Sen. (Dr.) Khalwale, are you a Member of that Committee?

Thank you, Mr. Speaker, Sir. I beg to lay the following Petition Report on the Table of the Senate, today, Wednesday, 29th November, 2023- Report to the Senate on a Petition by Hon. Simon Lenguiya, concerning the academic qualifications required for one to be a Speaker of a County Assembly, the Senate, or the National Assembly.

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

Next Order, Clerk. Senate Majority Leader, you may consult, but kindly keep on the down low. Next Order, Clerk.

[(Sen. Cheruiyot consulted loudly)]

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Wednesday, 29th November, 2023- Report of the Auditor General on financial statements of Mwingi Level 4 Hospital for the year ended 30th June, 2022.

[(County Government of Kitui)]

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

Next Order, Clerk.

Thank you, Mr. Speaker, Sir. I rise pursuant---

[(Loud consultations)]

Order, hon. Senators. May Sen. Crystal Asige be heard in silence? Sen. (Dr.) Khalwale, kindly.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the rampant discrepancies in the Kenya Certificate of Primary Examination (KCPE) 2023 results released by the Kenya National Examination Council (KNEC) . In the Statement, the Committee should-

Is Sen. Sifuna not in the Chamber? That Statement is dropped. Sen. Lomenen, proceed.

[(Statement dropped)]

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

What is the problem, Sen. Methu? By now you must be aware and fully knowledgeable on the Standing Orders. You certainly cannot stand on a point of order.

Mr. Speaker, Sir, as you drop that Statement, I have been consulting with the Clerks-at-the-Table. I know Sen. Crystal Asige has been seeking to be sent the Statement to read on behalf of Sen. Sifuna, and it has not been sent to her. Since I came in this afternoon, she sent me to come and ask this secretariat to send it to her, yet it has not been sent. It was not fair to drop it because someone …

Hon. Methu, you know that does not help the situation. As far as I am concerned, I have called out this Senator. There is nobody holding his brief and, therefore, the Statement stands dropped. Sen. Lomenen, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security---

[(Sen. Kathuri consulted loudly)]

Deputy Speaker, I would not want to rule you out of order. Be a good example.

[(Laughter)]

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security and Foreign Relations regarding the insufficiency of National Police Reservists (NPRs) in curbing insecurity in Turkana County and surrounding regions. In the Statement, the Committee should-

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

Thank you, 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 on the state of operational capacity of Kisumu International Airport. In this Statement, the Committee should-

Sen. (Dr.) Khalwale, you may have the Floor.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on the National Security, Defence and Foreign Affairs regarding the killing of four men at Ngano Farm, which is owned by the Kenya Defence Forces (KDF) in Turbo Constituency, Uasin Gishu County. In the Statement, the Committee should-

Sen. Lomenen, do you have one more Statement to request?

Yes, Mr. Speaker, Sir.

Sen. Lomenen, before you make your request for a Statement, I kindly request the Serjeant-at-Arms to assist Sen. Crystal Asige in approaching the Chair.

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 on security enhancement along the Kenya-Uganda border in Turkana County. In the Statement, the Committee should-

Sen. Crystal Asige, you have the Floor.

Thank you, Mr. Speaker, Sir. I will be reading this Statement on behalf of Sen. Sifuna. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Finance and Budget on restrictions imposed on taxpayers by the Kenya Revenue Authority (KRA) . In the Statement, the Committee should-

Is the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries or any Member of that Committee present? If they are not present, the Statement on the activities of the Committee on Agriculture, Livestock and Fisheries is deferred.

The Chairperson, Standing Committee on Devolution, Intergovernmental Relations to proceed and make his Statement. Sen. Abbas, the Floor is yours.

Thank you, 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 Devolution and Intergovernmental Relations for the period commencing July to December, 2023. During the reporting period, the Committee has carried out various activities pertaining to its mandate. As a snapshot, the Committee has transacted the following…

What is your point of Order Sen. Cherarkey? Sen. Abbas, just have your seat.

Mr Speaker, Sir, I need your indulgence under Standing Order No.1; I know that you have moved to Statements under Standing Order No.56 (1) (b) . However, I realize that there was a Statement on the issue of the Kenya Certificate of Primary Education (KCPE) , which is a serious national matter. The killing of some young men in my neighbouring county is also critical. I need your guidance and indulg…

Very well. Hon. Senators, we are on Statements; whether under Standing Order Nos.52, 53 or 56, all these are Statements. Once we are done with all the requests for Statements, I will allow 30 minutes for interventions from hon. Senators.

[(Applause)]

Thank you, Mr. Speaker, Sir---

What is your point of order Sen. Kinyua?

Mr. Speaker, Sir, I have listened to the Chairperson of the Standing Committee on Devolution and Intergovernmental Relations, and there is a Statement that

he was supposed to handle, but he is saying that he does not know how that Statement landed in his---

Sen. Kinyua, allow the Chairperson to present his Statement. Thereafter, I will give ample time for intervention then you may bring out your concerns.

Okay.

Sen. Abass, please proceed.

Mr. Speaker, Sir, on the same note, the Committee considered the following two Bills of which are still under consideration-

The Chairperson Standing Committee on Education, please proceed.

The Chairperson Standing Committee on Energy, please proceed.

Mr. Speaker, Sir, I present the Statement by the Committee on Energy on behalf of the Chairperson, Sen. Wamatinga. 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 period commencing 1st July, 2023 to 29th November, 2023. During the period under review, the Committee held a total of 27 sittings, considered five State…

Mr. Speaker, Sir, the legislative proposal considered by the Committee includes the Local Content Bill which is a Committee Bill and an amendment to the Energy Act sponsored by Sen. Sifuna. The Local Content Bill, 2023 aims to create a comprehensive legal framework that will fully enhance local content in Kenya. Following deliberations of the Committee, the Committee resolved to maintain the loca…

independent power producers are facing because of the dollar fluctuation and its unavailability. Mr. Speaker Sir, the Committee also visited Tullow Oil in Turkana County while were in the Senate Mashinani. In 2012, Kenyans were informed of the good news that oil had been found in Kenya. However, to date, Kenya has not been able to benefit from the oil discovered in Turkana County. During the vis…

The Chairperson, Standing Committee on Finance and Budget, please proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order 56 (1) (b) of the Senate Standing Orders to make a Statement on the activities of the Standing Committee on Finance and Budget for the period commencing, 1st July, 2023 to 28th November,

The Equalization Fund (Administration) Bill (Senate Bills No.14 of 2023). The Bill was passed by the House with amendments and transmitted to the National Assembly for concurrence. The Public Finance Management (Amendment) Bill (National Assembly Bills No.16 of 2023). The Senate passed the Bill with amendments, which were transmitted to the National Assembly. The National Assembly rejected the Se…

The Chairperson Standing Committee on Health.

Proceed, Chairperson Standing Committee on Education.

Mr. Speaker, Sir, I was responding to the Chairperson of the Transport Committee.

That is very amusing.

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 Education for the period between 1st July 2023 to 31st October 2023. Mr. Speaker, Sir, the Standing Committee on Education is well established under Standing Order No.228 (3) of the Senate Standing Orders and is mandated to consider all matters …

Thank you, Hon. Sen. Tobiko. Hon. Chairpersons, the statements you are making are made pursuant to Part 12 of our Standing Orders. If you look at Standing Order No.51 (2) , these Statements are supposed to be made in under 10 minutes. I have noted today that some of the Chairpersons have talked beyond the stated 10 minutes. I have allowed you to get away with that, but going forward, you should kn…

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

Clerk, kindly, call the next Order.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 6- Lapse of approval.

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting the schedule and substituting therefor the following new schedule- Appropriations out of the Equalisation Fund in Financial Year 2023/2024

SAIMO/SOI 6,694,843

BUDALANGI

Kilifi County for development expenses (provision of basic services including water, roads, health facilities and electricity) GANZE BAMBA 90,777,267 GANZE 28,298,389 JARIBUNI 35,290,499 SOKOKE 48,662,265

services including water, roads, health facilities and electricity)

basic services including water, roads, health facilities and electricity) BANISSA 18,579,218 DERKHALE 18,879,648 GUBA 17,816,020 KILIWEHIRI 19,449,937 MALKAMARI 27,335,959

basic services including water, roads, health facilities and electricity) LAISAMIS

CHEWELE 32,016,340 HIRIMANI 28,631,497 MADOGO 47,532,227 SALA 27,432,940

TURKWEL 75,453,234

TARBAJ ELBEN 33,203,302 SARMAN 26,493,701 TARBAJ 34,562,089 WARGADUD 33,485,812

SUAM 47,183,307

Clause 1

Madam Temporary Chairperson, I beg to move – THAT Clause 1 of the Bill be amended by inserting the expression “ (No. 2) ” immediately after the words “Equalisation Fund Appropriation”. The Temporary Chairperson (Sen. Mumma) : Division will be at the end. Hon. Members, we will report progress on the Bill. I call upon the Mover.

[(Question of the amendment proposed)]

Madam Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of the Equalization Fund Appropriation Bill (Senate Bills No.30 of 2023) 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]]

Madam Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of the Equalization Fund Appropriation Bill (Senate Bills No.30 of 2023) 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. 30 of 2023) and seeks leave to sit again tomorrow.

Thank you. 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 do agree with the Committee on the said Report.

Who is seconding the Bill?

Mr. Deputy Speaker, Sir, I beg to be seconded by Sen. Lemaletian.

Hon. Senators, I want to reorganize our business this afternoon. I therefore defer Orders No. 9, 10,11,12,13 and 14. We proceed to the next order.

Hon. Senators, I want to reorganize our business this afternoon. I therefore defer Orders No. 9, 10,11,12,13 and 14. We proceed to the next order.

Session, it was with a lot of difficulty because of the schedule that he had. However, he agreed to set aside time. Consequently, that was the beginning of setting aside President William Ruto, as one of the speakers for Africa. All of us in that room stood up and said that for the first time, we have a President who is speaking for Africa. We acknowledged what he did for us. We are grateful for …

earned its space as one of the countries that is in front, in terms of what we can do for this continent to move forward. I want to give credit to my colleagues. Although I had the Pan-African team, which was elected by both the National Assembly and Senate; I want to commend the work Sen. (Prof.) Kamar has done in her Committee. She has made herself a knowledgeable person to be looked and relied…

earned its space as one of the countries that is in front, in terms of what we can do for this continent to move forward. I want to give credit to my colleagues. Although I had the Pan-African team, which was elected by both the National Assembly and Senate; I want to commend the work Sen. (Prof.) Kamar has done in her Committee. She has made herself a knowledgeable person to be looked and relied…

Proceed, Sen. Cheruiyot.

Parliament of similar nature, though larger in size, albeit representing a much smaller population of about 450 million people. This one represents over a billion people with 250 memberships. The EU Parliament has around 705 or something closer. I was drawing the parallels as I listened to the Speaker engage with our President on the things that the EU Parliament can do, what issues they have a v…

Convention Centre (KICC) in October and got to Accra, Ghana, three months later, in January, 2023. However, because of the barriers and boundaries, many goods we buy from fellow African countries are not value-added within the continent. People take tea from Kenya, blend it in Dubai, and ship it back to West Africa. Jobs have been created in other parts of the world. The greater value of that com…

When this happens, Africa will celebrate and be liberated. Sen. Mungatana, together with the team, this is a good job. Lead from the Parliament of Kenya and your colleagues in Midrand. Work for the people of Kenya. This good report provides insights to all of us who wish Africa to prosper. With those many remarks, I beg to second.

When this happens, Africa will celebrate and be liberated. Sen. Mungatana, together with the team, this is a good job. Lead from the Parliament of Kenya and your colleagues in Midrand. Work for the people of Kenya. This good report provides insights to all of us who wish Africa to prosper. With those many remarks, I beg to second.

Sen. Chute, proceed.

I know our Senate Majority leader is here today and he is listening. Even if it will take us to have a Kamukunji to discuss this matter, we need to do so as soon as possible. If we are strong, PAP will be even stronger. The reason we have the PAP, is so that it adopts the same thing that we are discussing here as one unit. When we were in Zambia with President Ruto, he talked about Pan Africanism…

There is no other request, so, I call upon the Mover to reply.

There is no other request, so, I call upon the Mover to reply.

Pursuant to Standing Order No.84 (1) , I wish to make the determination that the matter does not affect counties and put the question. Next Order.

[(Question put and agreed to)]

Pursuant to Standing Order No.84 (1) , I wish to make the determination that the matter does not affect counties and put the question. Next Order.

[(Question put and agreed to)]

Sen. Cheruiyot.

Someone was joking earlier today that with the many court orders that have come out of the courts this week, it will not be long before a judge in Kenya issues an order barring the sun from rising in the east and setting in the west, never minding how that can be implemented. Therefore, when the Ministry of Agriculture, Livestock and Fisheries ran into headwinds with the regulations they were tryi…

Madam Temporary Speaker, many factories are regarded as export processing zones. There is a declaration they will need to make of what percentage of the tea they will be retaining for local sale and the percentage they will be exporting. This is part of the clean-up. Section Nine was fairly controversial because it was about the Kenyan tea and the ban of direct sales that we had at that time. The …

processors went to court and that provision remains up to now, we need to do a clean-up so that we will count five years from 2020 when this Bill became an Act of Parliament up to 2025, for them to begin to value-add so that our farmers get value for their money. The rest, of course, are issues that other players and industry stakeholders brought before the Committee. I believe the Committee will…

processors went to court and that provision remains up to now, we need to do a clean-up so that we will count five years from 2020 when this Bill became an Act of Parliament up to 2025, for them to begin to value-add so that our farmers get value for their money. The rest, of course, are issues that other players and industry stakeholders brought before the Committee. I believe the Committee will…

Sen. Thang’wa, please, proceed.

Today, at this Senate, we drink water when we are debating. As you can see, it is put on the table. Every Senator would walk in and take a small bottle of water. Who said we cannot have bottled tea to promote our farmers? Who says anyone out there cannot have bottled tea? I know those who have never seen this would think this is a weird idea. However, in China and in our supermarkets today, we hav…

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate therefore stands adjourned until tomorrow Thursday, 30th November, 2023 at 2.30 p.m. The Senate adjourned at 6.30 p.m.