Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Order, hon. Senators. I am informed that we now have quorum. Kindly let us settle down. Take your seats. Clerk, you may proceed to call the first Order. Senator for Garissa, please, take your seat.

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

[(The Quorum Bell was rung)]

[(Several Senators sat in their places)]

[(Sen. Abdul Haji walked into the Chamber)]

[(Sen. Abdul Haji sat in his place)]

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon of visiting lecturers and students from the School of Business at KIPS Technical College, an accredited Technical Vocational Education and Training (TVET) --- Clerk, can you confirm that indeed we have these guests in the Public Gallery and I am not inviting ghosts to the Senate? Senator for Lamu, take y…

[(Sen. Githuku stood in his place)]

[(Sen. Githuku took his seat)]

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

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. I know Alliance High School is in Kiambu County, Starehe Boys Centre is in Nairobi County and Kianda is in Nairobi County. However, do we have old boys from Starehe Boys?

[(Loud consultations)]

[(Loud consultations)]

[(Loud consultations)]

I hope the students have noticed. You know the tradition of this House is usually that the Senator of the area from which the students come ordinarily welcomes them to the Senate. You have seen how the Chair has struggled to find a reason for me not to be the one to welcome the delegation. Since I serve a living God, every single hurdle that has been placed on my path has fallen.

Senator for Nairobi City County, do not dare the Chair.

It is on a light touch, Mr. Speaker, Sir. I take this opportunity to welcome the delegations from the three schools. Indeed, these are the top learning institutions in our country. They have had stellar performance throughout the years. The students who come from this school have no excuse for not succeeding. As you have seen, this Senate is thin in terms of representation from some of your schoo…

Mr. Speaker, Sir, just briefly, I had the opportunity a few months ago to have a meeting with the leaders from these schools under the auspices of the Centre for Multiparty Democracy. I can attest that these schools are really doing their best to equip these brilliant young girls and boys for the future. Ours is to wish you well and welcome you to the Senate. I hope that you can participate in th…

Next Order.

Proceed, the Senate Majority Leader.

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

It cannot be a point of order, Sen. Eddy. What is your intervention?

Mr. Speaker, Sir, you know it is a very cold season. I want some clarity because, as the cold season begins, I am starting to notice different kinds of dress codes here. So, I am standing under Rule 15 of the Speaker's Rules on dress code. I would like clarity on whether the Majority Whip is dressed appropriately, so that I know if I can also show up with a turtleneck in this cold season.

Now, Senator Eddy, you referred to Rule 15 of the Speaker's Rules. That one deals with smoking; it has nothing to do with the dressing of an hon. Senator. I want to assume that you were referring to Rule 20 of the Speaker's Rules. I will read it for clarity- “No person, even if otherwise qualified, shall be admitted to the Lounge, Dining Room or Speaker’s Gallery unless he or she is, in the opini…

[(Sen. (Dr.) Khalwale spoke off record)]

Sen. Boni, you are a stranger in this House.

[(Sen. (Dr.) Khalwale withdrew from the Chamber)]

When Sen. Eddy will be Sen. Khalwale's age, he will understand why old men sometimes have to dress like that. For now, he cannot seem to appreciate.

Next Order.

Mr. Speaker, Sir, on behalf of the Chairperson of the Delegated Legislation Committee of the Senate, I beg to give Notice of the following Motion- THAT, aware that County Licensing (Uniform Procedures) Regulations, 2025 were tabled in the Senate on Wednesday, 9th July, 2025 and referred to the Senate Committee on Delegated Legislation for consideration pursuant to Section 12 (1) of the Statu…

[(Legal Notice No.91 of 2025)]

[(Legal Notice No.91 of 2025)]

Next Order.

The Council of Governors (CoG), through its Chairperson, His Excellency Ahmed Abdullahi, has faulted KMPDC for issuing a public notice seeking to regulate ambulance services, yet such functions are expressly devoted under Part 2 of the Fourth Schedule of the Constitution. During a meeting of County Health Executives held on the 5th September, 2025, in Mombasa, the CoG consequently advised countie…

The Statement by Sen. Chimera is deferred.

Senator for Marsabit County, Sen. Mohammed Chute, 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 a matter of national concern regarding the trend by the national Government to involve the Kenya Defence Forces (KDF) in the implementation of various public infrastructure development projects, particularly the construction and renovation…

Sen. Faki.

Chair, please proceed.

Mr. Deputy Speaker, Sir, I beg to move- THAT, the Senate adopts the report of the Standing Committee on Lands, Environment and Natural Resources on a petition to the Senate by Robin Kalama and other residents of Marungu in Taita-Taveta County concerning the threatened eviction from the ancestral land by the Holy Rosary Catholic Parish, Mwanda, laid on the table of the Senate on Tuesday, 7th Octobe…

Thank you, Mr. Deputy Speaker, Sir, for this opportunity to second this Motion on the petition by Robin Kalama, who represented the residents of Marungu. Marungu is in Mwanda-Mgange Ward. It is true that the Catholic Holy Rosary Parish of Mwanda approached the people of Marungu wanting to be given land for some development. As the Chairperson has explained, they came up with a very good land use …

already living in that land and now they are facing eviction because the land has already been titled to this parish. This issue is not unique to the people of Mwanda-Mgange Ward. We went to Meru with you the other day, because a Catholic Church had taken over a piece of land meant for construction of a vocational training college, primary school, secondary school and this same church, the Cathol…

Sen. Chimera, would you like to speak on this Motion?

sawa ikiwa ndugu yangu, Sen. Madzayo, ataenda kuomba kura tena kwa wananchi na suala hili halijashughulikiwa. Naiomba Serikali Kuu na serikali za kaunti zitenge pesa kuhakikisha mapendekezo ya kugawanya ardhi hii yafanyike. Tunaona kuna ubadhirifu mwingi wa pesa katika serikali za kaunti, lakini hawafahamu kuna haja ya kuwekeza kuhakikisha wananchi wao wamepata ardhi na wanaishi mahali ambapo haw…

Mimi mwenyewe ninavyozungumza hapa, mimi ni skwota pale Kwale na mimi ni kiongozi. Kwa hivyo, ni furaha kwamba tuko wengi; kwamba nchi nzima inalilia suala hili. Waswahili husema: “Kilio cha wengi huwa ni harusi.” Kwa hivyo, nina imani kupitia taarifa hii na ripoti hizi, hususan hii ya Mwenda pale Taita Taveta, kwa sababu ni mahali ambapo nimeenda. Pia kuna ndugu zetu kutoka Kwale wanaokaa pale Mw…

sawa ikiwa ndugu yangu, Sen. Madzayo, ataenda kuomba kura tena kwa wananchi na suala hili halijashughulikiwa. Naiomba Serikali Kuu na serikali za kaunti zitenge pesa kuhakikisha mapendekezo ya kugawanya ardhi hii yafanyike. Tunaona kuna ubadhirifu mwingi wa pesa katika serikali za kaunti, lakini hawafahamu kuna haja ya kuwekeza kuhakikisha wananchi wao wamepata ardhi na wanaishi mahali ambapo haw…

Senate Minority Leader,

Asante sana, Bw. Naibu Spika. Naungana na Maseneta wenzangu waliochangia Hoja hii ya mashamba. Inavyofahamika Kenya nzima, kama kuna mahali kulikoathirika zaidi na masuala ya mashamba ni sehemu ya Pwani. Mashamba yao yamenyakuliwa kwa dhuluma kupitia vyeti vya ardhi bandia. Toka jadi, watu wameandika vyeti vya ardhi gushi na kuja kufurusha wakaazi wa Pwani bila kujali maslahi yao, makaburi, makani…

Vilevile, mbuga nyingi sana, kwa mfano, kule Kilifi, hususan upande wa Mtwapa, Shariani, Vipingo, Kilifi Gold na hatimaye uende juu kabisa mpaka Kilifi North, Msabaha huko kwote na Malindi hadi mbele ya Marafa ambayo ni eneo la Magarini, mashamba haya yamechukuliwa kwa hali ya dhuluma. Hii ni kwa sababu wale wanaoishi pale, wanaweza kuwa hawana ile azma ama akili ya kuweza kufikiria ya kwamba, hap…

Thank you. I now call upon the Mover to reply.

Thank you, Mr. Deputy Speaker, Sir. I thank Sen. Chimera for his able contribution to this Motion. I also thank our Minority Leader for his contribution to this Motion. I thank Sen. Mwaruma for seconding the Motion. Sen. Mwaruma is not only a Member of the Committee, but also the area Senator. When we visited Taita Taveta because of this particular petition, he was very helpful in explaining the i…

Mr. Deputy Speaker, Sir, I beg to move- THAT, the Senate adopts the Report of the Standing Committee on Land, Environment and Natural on a Petition to the Senate by representatives of Mwabundusi land squatters in Bobaracho Ward, in Kisii County concerning delayed allocation of alternative land by way of re-settlement or compensation for the ancestral land that was alienated by the Government of Ke…

Your request is granted, Chairperson of the committee. Next Order.

[(Putting of the Question on the Motion deferred)]

Mr. Deputy Speaker, Sir, I beg to move- THAT, the Senate adopts the Report of the Standing Committee on Land, Environment and Natural on a Petition to the Senate by representatives of Mwabundusi land squatters in Bobaracho Ward, in Kisii County concerning delayed allocation of alternative land by way of re-settlement or compensation for the ancestral land that was alienated by the Government of Ke…

I will allow a few Senators time to make comments, starting with Sen. Richard Onyonka.

Bw. Naibu Spika, kwanza, ningependa kutoa shukrani zangu kwa Mwenyekiti wangu wa Kamati ya Ardhi, Mazingira na Maliasili. Ombi la wakaazi wa

Mr. Deputy Speaker, Sir, I am honoured to second this Motion as moved by my Chairman, Sen. Faki. As I second, it is important to note the non- responsive nature of the NLC in all these petitions. Sometimes back on this Floor, the Committee on Land, Environment and Natural Resources was reminded that we had 13 petitions pending before the Committee. I want to say from the start that Kenyans had a …

[(Question proposed)]

I will allow a few Senators time to make comments, starting with Sen. Richard Onyonka.

ambayo yamenyakuliwa, mengine yako na title deeds zaidi ya moja, mengine ni mashamba ya shule ambayo yamenyakuliwa na mabwenyenye na wakajenga mahoteli na vitu kama hivyo. Ombi langu ni kuwa, NLC ijue kwamba iliundwa lengo lake likiwa kusuluhisha shida na vita ambavyo viko pale mashinani. Wakijihusisha vilivyo, hakutakuwa na maskwota na pia unyakuaji wa mashamba. Wananchi hata hawangependa kupele…

Mwabundusi ambao shamba lao lilichukuliwa na Serikali karibu miaka 80 iliyopita ni jambo ambalo limekuwa likiwakera. Tulipokutana na wananchi hao hapa Nairobi kwa mara ya kwanza kwa sababu baadhi yao ni viongozi kule mashinani ambao tunajuana nao na wengi wao wamestaafu, walisema kuwa swala la shamba hilo limekuwa likiwakera na hawajui la kufanya. Walileta petition hapa katika Seneti kwa sababu m…

ambayo yamenyakuliwa, mengine yako na title deeds zaidi ya moja, mengine ni mashamba ya shule ambayo yamenyakuliwa na mabwenyenye na wakajenga mahoteli na vitu kama hivyo. Ombi langu ni kuwa, NLC ijue kwamba iliundwa lengo lake likiwa kusuluhisha shida na vita ambavyo viko pale mashinani. Wakijihusisha vilivyo, hakutakuwa na maskwota na pia unyakuaji wa mashamba. Wananchi hata hawangependa kupele…

Asante sana. Naomba mwasilishi wa Hoja aweze kujibu.

Asante, Bw. Naibu Spika. Naona unajitahidi kwa Kiswahili kwa sababu juzi tulipokuwa Meru, ulipata shida kutamka “utepetevu”. Asante kwa kunipa fursa hii. Namshukuru Sen. Beatrice Ogola kwa kuunga mkono Hoja hii. Vilevile namshukuru Sen. Onyonka ambaye alihudhuria mikutano na vikao ambavyo tulifanya na watu wake wa Kisii kuhusiana na swala hili. Ni kweli kwamba NLC haifanyi kazi yake kwa haraka i…

Mr. Deputy Speaker, Sir, I beg to move- THAT, the Senate adopts the Report of the Standing Committee on Land, Environment and Natural Resources on a Petition to the Senate by Mr. Nagib Shamsan and others concerning recognition of land ownership rights and redress of historical injustices in Mombasa County, laid on the Table of the Senate on Tuesday, 7th October, 2025. Mr. Deputy Speaker, Sir, Mom…

Mwenyekiti, ombi lako limekubalika.

Mr. Deputy Speaker, Sir, I beg to move- THAT, the Senate adopts the Report of the Standing Committee on Land, Environment and Natural Resources on a Petition to the Senate by Mr. Nagib Shamsan and others concerning recognition of land ownership rights and redress of historical injustices in Mombasa County, laid on the Table of the Senate on Tuesday, 7th October, 2025. Mr. Deputy Speaker, Sir, Mom…

Mr. Deputy Speaker, Sir, currently the land owners are imposing exorbitant land rent on the people owning these houses. They will wake up in the morning and say that they increasing the monthly rent from Kshs500 to Kshs1,500. Some are even asked to pay Kshs10,000 or Kshs15,000. Last week, I saw some notices which were served on some residents of the island where they are being asked to either pay …

Sen. Mwaruma, please proceed.

Thank you, Mr. Deputy Speaker, Sir, for this opportunity to second this Motion on the report on historical land injustices in Mombasa. Being a resident of Mombasa, I am well privy and apprised of this issue of historical land injustices in Mombasa and the issue of people who have built houses, but do not own the land. This is an issue of historical land injustices and it should be addressed by the…

Mr. Deputy Speaker, Sir, these issues are not only unique to Mombasa. Even in Taita Taveta, there are areas where Government institutions have taken land belonging to the public. We have cases in Taita Taveta where the National Transport and Safety Authority (NTSA) has taken land. They are claiming that land is theirs, yet the people have built houses and now they want to evict those people. We h…

Sen. Beatrice Akinyi Ogola.

Mr. Deputy Speaker, Sir, I rise to support the Motion as moved by Sen. Faki, who is the Chairperson of the Committee on Lands, Environment and Natural Resources and seconded by the Senator for Taita Taveta, Sen. Mwaruma. My contribution will put an emphasis on the role Kenyans expected from the NLC. This Commission in its structure to address historical injustices and the mandate that was given t…

Mr. Deputy Speaker, Sir, I support this Motion and say that the historical injustices that have been presented here must be attended to in time. We have proposals that have been brought out in the Report. One of them is a proposal by the NLC that the Government should acquire land in order to resettle some of the petitioners. If we have to go this way, I suggest that in the acquisition process, e…

Having no other Member interested in contributing, I call upon the Mover to reply.

Asante, Bw. Naibu wa Spika, kwa kunipa fursa hii. Dhuluma za historia kwa masuala ya ardhi katika eneo la Pwani na Mombasa ni jambo limekuwa donda sugu kwa wakaazi wa huko. Vilio vya watu wa Mombasa ni kwamba, suala hili la umiliki wa nyumba bila ardhi, ni jambo ambalo ni lazima Serikali iingilie kutatua kwa sababu ina uwezo na rasilimali za kutosha kuhakikisha wale ambao wanamiliki ardhi, watalip…

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

Thank you, Madam Temporary Speaker. I will only use the next two minutes and cede the rest to my colleagues. I support this Bill primarily because it will improve efficiency, as I indicated and the fact that it emphasizes on the access to information by members of the public. It will enhance public participation because it even mentions the improvement of public participation facilities. However…

Hon. Senators, we are now at resumption of debate on The County Oversight and Accountability Bill (Senate Bill No.3 of 2024) . Sen. Beatrice Ogola, you had a balance of nine minutes. I do not know whether you still want to pursue your minutes or cede ground to another Senator to proceed. You may take the Floor.

Thank you, Madam Temporary Speaker. I will only use the next two minutes and cede the rest to my colleagues. I support this Bill primarily because it will improve efficiency, as I indicated and the fact that it emphasizes on the access to information by members of the public. It will enhance public participation because it even mentions the improvement of public participation facilities. However…

One gets worried. Why is it that the DCI cannot act on information that has been given by whistleblowers? Does a parliamentarian have to do a statement and defend the allegations? If they can do that to me, what about the individuals who may be seeing possible corrupt actions and bring this to the DCI? How are they assisted? I support this Bill for the simple reason that it gives a framework for …

construction of halls. This is because we have other areas to look at and the halls are not a priority. When people attend public participation to contribute on the Annual Development Plan and the budgets, they might be told that a certain project will not be done because as a priority, for example, they have to build a hall. The truth is that we do not achieve much priority by building that hall…

be achieved. May his soul rest in peace. If that does not happen, we, the small communities, will not achieve the fruits of devolving money from the central Government to the county governments. What will subsist is money and corruption given to the county governments. We will not get goods and services procured by the counties. Instead, we will see people’s stomachs growing while the counties fa…

construction of halls. This is because we have other areas to look at and the halls are not a priority. When people attend public participation to contribute on the Annual Development Plan and the budgets, they might be told that a certain project will not be done because as a priority, for example, they have to build a hall. The truth is that we do not achieve much priority by building that hall…

be achieved. May his soul rest in peace. If that does not happen, we, the small communities, will not achieve the fruits of devolving money from the central Government to the county governments. What will subsist is money and corruption given to the county governments. We will not get goods and services procured by the counties. Instead, we will see people’s stomachs growing while the counties fa…

Thank you, Sen. Mwaruma. That is the end of the debate. There are no more Senators wishing to contribute to this debate. So, I request the Mover, Sen. Olekina to reply.

other people working under it, you have an implementation officer and an auditor who are all working to support the Auditor-General, the CoB and the Senate as an institution. This is because this Senate, the committee that is ably deputized by the distinguished Senator from Taita Taveta, the County Public Accounts Committee (CPAC) has been reduced to being morticians. The only way for us to move …

believe then Senator for Makueni, Sen. Orengo, Sen. (Prof.) Kamar, Sen. Johnes Mwaruma, all spoke on this Bill. We all agreed that it is imperative to come up with a legal mechanism where Senators can oversight counties. What I have heard from my colleagues, and I want to point clearly to the Senior Counsel Okong’o Omogeni, who, while contributing to this Bill, made me see areas that had been lef…

other people working under it, you have an implementation officer and an auditor who are all working to support the Auditor-General, the CoB and the Senate as an institution. This is because this Senate, the committee that is ably deputized by the distinguished Senator from Taita Taveta, the County Public Accounts Committee (CPAC) has been reduced to being morticians. The only way for us to move …

Thank you, Hon. Senator for those very insightful points. The putting of the question is deferred at the convenience of Senate. Hon. Members, I am taking the discretion from the Speaker's seat to defer Orders No.9 to No.16 because they require a quorum threshold in the House, which we do not have right now. So, that is deferred.

[(Putting of the Question on the Bill deferred)]

(Bill deferred)