Senate · Afternoon Sitting

Wednesday, 2 August 2023

Session Summary

The Senate Committee flagged major financial oversight failures in Nairobi County, ordering forensic audits, public inquiries into legal fees and a Ksh5 billion bank loan, and urging counties to curb oversized wage bills and secure asset titles. Senators also praised recent improvements in committee reporting but pressed the Road, Transportation and Housing Committee to deliver concrete actions on road safety and hold the transport ministry accountable. Senators debated a motion on the county fund disbursement schedule, highlighting devolution as essential for service delivery while warning against lax borrowing limits and past corruption scandals. The discussion combined criticism of Treasury practices and economic stagnation with constructive calls for transparent county budgeting and oversight of governors’ revenues. Senator Onyonka highlighted the Senate's role in overseeing the disbursement schedule and stressed the need for fiscal prudence after noting Kshs560 billion in pending bills and unsustainable borrowing. He urged coordinated action between national and county governments to ensure tendered projects are adequately funded and that outstanding payments to workers are honoured. The speech combined criticism of current financial practices with constructive proposals for improved oversight and budgeting.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum?

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

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The Speaker (Hon. Kingi)

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

[(The Quorum Bell was rung)]

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The Speaker (Hon. Kingi)

Serjeant-at-Arms, I am informed that we do have quorum now. Kindly stop the Bell. Clerk, call the first Order, please.

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The Speaker (Hon. Kingi)

Hon. Sen. Okiya Omtatah, please proceed.

[(Sen. Okiya Omtatah was not in the Chamber)]

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The Speaker (Hon. Kingi)

Is there anyone holding brief for Sen. Okiya Omtatah? That Petition is dropped.

[(Petition dropped)]

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

I am made to understand that hon. Lemaletian is out on official duty, in Kampala. Therefore, that Statement will be deferred until she gets back. Hon. Wambua, please proceed.

[(Statement deferred)]

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

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The Speaker (Hon. Kingi)

We are going to come back to hon. Wambua because the Statement is yet to be brought to the Clerk. Statement pursuant to Standing Order No.53 (1) , Hon. Chimera please proceed.

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The Speaker (Hon. Kingi)

Hon. Sen. Ogola, please proceed.

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Sen. Ogola

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding pollution in Lake Victoria. In the Statement, the Committee should -

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The Speaker (Hon. Kingi)

Sen. Kibwana has three Statements. Sen. Kibwana, proceed to present your three Statements.

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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 status of medical care at Mathari Mental Hospital. In the Statement, the Committee should-

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Sen. Kibwana

In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Order, Senators. May the Hon. Senator be heard in silence.

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Sen. Kibwana

Mr. Speaker Sir, I will repeat number five.

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The Speaker (Hon. Kingi)

Proceed, Sen. Mwaruma.

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Sen. Mwaruma

Thank you, Mr. Speaker, Sir, for this opportunity. I stand pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources concerning mining in the Kishushe Area of Taita-taveta County. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

There is a Statement that we had dropped earlier by Sen. Chimera. Sen. Chimera has since approached the Chair and explained the reason why he was not in the Chamber when the Statement was called out. He had a very valid reason. Therefore, I will allow the hon. Senator to proceed to make the Statement. Proceed, Sen. Chimera.

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Madzayo? The Senate Minority Leader (Sen. Madzayo) : Asante Bw. Spika. Kwa Hoja ya Nidhamu, ukiangalia tabia za wale Maseneta wengine walio hapa ni vizuri kutimiza zile Kanuni za Kudumu. Sen. Orwoba ametoka upande ule akafika hapa katikati na kupita badala ya kwenda kwa mlango na kuinama, ili aje upande huu mwingine kulingana na taratibu zetu. Jambo lingine vile …

[(Applause)]

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Sen. Seki

Mr. Speaker, Sir, I take this opportunity to thank the teachers and pupils from Arap Moi Junior Secondary School. The school is located in Nkoroi Ward, Kajiado North Sub County, in Kajiado County. I thank you for choosing the Senate as an institution to come and learn from. I believe you came at the right time and you have seen quite a number of activities in the Senate. I am sure you will take a…

[(Resumption of Statements)]

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The Speaker (Hon. Kingi)

Chairperson of the Standing Committee on Trade, Industrialization and Tourism, you may proceed.

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Sen. Seki

Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) to make a Statement on the Activities of the Senate Standing Committee on Trade Industrialization and Tourism for the period commencing 1st April, 2023 to 30th June,

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The Speaker (Hon. Kingi)

What is your point of order, Sen. Madzayo? The Senate Minority Leader (

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Sen. Madzayo) :

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Sen. Madzayo) :

Asante Bw. Spika. Kwa Hoja ya Nidhamu, ukiangalia tabia za wale Maseneta wengine walio hapa ni vizuri kutimiza zile Kanuni za Kudumu. Sen. Orwoba ametoka upande ule akafika hapa katikati na kupita badala ya kwenda kwa mlango na kuinama, ili aje upande huu mwingine kulingana na taratibu zetu. Jambo lingine vile vile, Sen. Miraj amefanya kitendo kama hicho hapa mbele yetu. Sijui kama wanafaa kuomba …

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The Speaker (Hon. Kingi)

Sen. Miraj and Sen. Orwoba, you have now come of age. We have taken you through a lot of training and teachings on the Standing Orders. You now know how to conduct yourselves when you are in this Chamber. At this juncture any breach of the Standing Order will be deemed deliberate and will attract some kind of punishment. You all know that if you need to cross from one side of the House to the oth…

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Sen. Seki

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 56 (1) (b) to make a Statement on Activities of the Standing Committee on Roads, Transportation and Housing for the period commencing 1st April, 2023 to 30th June, 2023. During the period under review, the Committee held 17 sittings and one joint sitting with the Standing Committee on Land, Environment and Natural Resources. Rega…

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The Speaker (Hon. Kingi)

Hon. Chair, you have one minute to go.

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Sen. Seki

Okay let me try and conclude. We have five statements that are still yet to be considered by the Committee and 12 Statements that are awaiting responses from the Ministries. Seven responses are from the Ministry of Co-operatives and Micro, Small and Medium Enterprises (MSMEs) Development. There are three Statements from the Ministry of Trade, Investment and Industry and two Statements from the Min…

[(Sen. Seki’s microphone went off)]

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The Speaker (Hon. Kingi)

Hon. Chair, I am going to allow you an extra meeting to conclude.

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Sen. Seki

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 56 (1) (b) I rise to make a Statement on the Activities of the County Public Accounts Committee for the period commencing 1st April, 2023 to 30th June 2023. During the period under review, the Committee held a total of 31 sittings, in which it interrogated reports of the Auditor-General on financial statements of 15 County Executives and 11 …

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The Speaker (Hon. Kingi)

Accounting Officer during the financial year of an entity appearing before the Committee. Whereas Standing Order No.219 allows a Senator to attend the meeting of any select committee, the Committee observed that the principle of “nemo judex in causa sua” required that “no one should be a judge in their own case”. The Committee, therefore, resolved that Senators who find themselves in that situati…

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The Temporary Speaker (Sen. Veronica Maina)

Madam Temporary Speaker, there is nowhere indicated that we cannot table a document when a Member is not in the House. There is an assumption that the Member’s ears and eyes and through the Holy Spirit, they can follow what we are doing on the Floor of the House. There is also the HANSARD. I, therefore, do not know why Sen. Osotsi wants to be mischievous by objecting my tabling of the letter. Ther…

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Sen. Cherarkey

Madam Temporary Speaker, yesterday, Sen. Oketch Gicheru stood on a point of order and requested that I table a letter I had referred to. I beg to table it because the Speaker had directed so, to indicate the statement that I had made. I request to table it so that the matter rests.

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The Temporary Speaker (Sen. Veronica Maina)

Proceed to table.

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Sen. Cherarkey

I beg to table the letter from the Ministry of Interior and National Administration.

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

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The Temporary Speaker (Sen. Veronica Maina)

I will look at the letter that is tabled and make a finding. What is your point of order, Sen. Osotsi?

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Sen. Osotsi

different counties. This is because different counties receive different allocations based on the different parameters that I have mentioned. Madam Temporary Speaker, once CARA has been assented to as it was assented to by the President, pursuant to Section 17(6) and (7) of the PFM Act 2012. It is required that we prepare and submit to this House the equitable share disbursement schedule. As I ta…

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The Temporary Speaker (Sen. Veronica Maina)

What is your point of order, Sen. Cherarkey?

[(Loud consultations)]

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Sen. Cherarkey

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The Temporary Speaker (Sen. Veronica Maina)

Madam Temporary Speaker, there is some noise. I would like to concentrate when talking about funds.

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Sen. Tabitha Mutinda

Much appreciated, Madam Temporary Speaker. This is one of our core mandate where, as a Senate, we talk about how much we have given to the counties, while at the same time, we oversight in regards to services that have been rendered. We establish whether funds have been used well. This report is about the Cash Disbursement Schedule, which concerns all the 47 counties. I have given an example of N…

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Sen. Tabitha Mutinda

As the Committee on Finance and Budget, we have encouraged governors. We continue to encourage county governments to maximize on what we call own-source- revenue. These are areas that we feel have not been tapped so much by the county governments. If the emphasis is also put by us, the Senators, who oversight them, apart from them waiting for the Kshs385 billion, they need to also ensure that the…

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Sen. Tabitha Mutinda

It cannot work out. You need to plan with the X figure that you know is within your mandate. As a Committee, just to state, we are asking about pending bills and we are going to set an example with the County Government of Kisii. We are going to receive all the amount of the pending bills and have an open forum to talk to the service providers who for years have not been paid. As we speak right n…

[(Loud consultations)]

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Sen. Tabitha Mutinda

Madam Temporary Speaker, there is some noise. I would like to concentrate when talking about funds.

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The Temporary Speaker (Sen. Veronica Maina)

I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting teachers and students from Bartabwa Day and Boarding Primary School. The group comprises of seven teachers and 62 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 to them and o…

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Sen. Tabitha Mutinda

Thank you, Madam Temporary Speaker. Allow me to welcome the pupils and the teachers from Bartabwa Day and Boarding Primary School to the This House continues to receive students and pupils from various primary and secondary schools in our country. It gives an opportunity to see what their leaders do as they watch live debates under your leadership. I thank the teachers for planning to bring the …

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Sen. Tabitha Mutinda

to be. If you keep determined and resilient in your studies and disciplined, you can one day, one time be in this position that we are. I also appreciate the girls. You see the person chairing the Senate is Sen. Veronica Maina. It is possible for our girls someday to sit on that Chair which is now being occupied by our Temporary Speaker today. So, I want to wish you well as you go back home, tak…

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Sen. Tabitha Mutinda

It cannot work out. You need to plan with the X figure that you know is within your mandate. As a Committee, just to state, we are asking about pending bills and we are going to set an example with the County Government of Kisii. We are going to receive all the amount of the pending bills and have an open forum to talk to the service providers who for years have not been paid. As we speak right n…

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Tabitha Mutinda, hold your thoughts there. I have a communication to make then you will proceed.

[(Interruption of debate on the Motion)]

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The Temporary Speaker (Hon. Wakili Sigei)

Hon. Senators, having failed to attain quorum at the expiry of 10 minutes, the House stands adjourned, pursuant to Standing Order No.41 (2) (a) , until tomorrow, Thursday, 3rd August, 2023, at 2.30 p.m.

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The Temporary Speaker (Hon. Wakili Sigei)

The Senate rose at 5.57 p.m.