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)]

Hon. Senators, please, take your seats. Clerk, you may proceed to call the first Order.

Hon. Senators, I hereby report to the Senate that a Petition has been submitted, through the Clerk, by Ms. Beatrice Likwop, a resident of Narok County and a person living with invisible disability concerning the plight of persons living with invisible disability. As you are aware, under Article 119 (1) of the Constitution, and I quote-

[(Status Epilepticus, Bradycardia and Fibromyalgia)]

“Every person has the right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.” Hon. Senators, the salient issues raised in the Petition are as follows-

Chairperson of the County Public Investment and Special Funds Committee, proceed.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, 2nd October, 2024- Reports of the Select Committee on County Public Investments and Special Funds on its consideration of the Audit Reports for Water Service Companies for the Financial Years 2018/2019 (Volume VI) , 2019/2020 (Volume VII) and 2020/2021 (Volume IX) .

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

Sen. Moses Kajwang’, proceed.

Mr. Speaker, Sir, on behalf of the Chairperson, I beg to lay the following Paper on the Table of the Senate, today, 2nd October, 2024- Report of the proceedings of the Parliamentarians’ Dialogue at the Africa Climate Summit, 2023, held in the National Assembly Chamber, Parliament Buildings, Nairobi, on 3rd - 6th September, 2023.

[(Sen. (Dr.) Lelegwe laid the document on the Table)]

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 2nd October, 2024- Report of the Kenyan delegation to the 64th Session of the OACPS Parliamentary Assembly and the 1st Session of the OACPS – EU Joint Parliamentary Assembly held in Luanda, Angola from 17th to 21st February, 2024.

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

Let us go to the next Order.

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, aware that waste management in cities, towns and urban areas in Kenya has clearly stood out as one of the greatest challenges to the wellbeing of urban dwellers particularly those living near dumpsites infringing their right to a clean and healthy environment as provided for under Article 42 of the Constitution and Section 3 of…

We will defer Order No.6 (2) and go to Order No.6 (3) .

Sen. (Dr.) Lelegwe, I am told you are holding brief for Sen. Moses Kajwang’.

Mr. Speaker, Sir, I beg to give the following Notice of Motion- THAT, the Senate notes the Report of the Proceedings of the Parliamentarians’ Dialogue at the Africa Climate Summit, 2023, held in the National Assembly Chamber, Parliament Buildings, Nairobi, on 3rd – 6th September, 2023, laid on the Table of the Senate on Wednesday, 2nd October, 2024.

Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate notes the Report of the Kenyan delegation to the 64th Session of the Organization of African, Caribbean and Pacific States (OACPS) Parliamentary Assembly and the 1st Session of the OACPS – European Union (EU) Joint Parliamentary Assembly held in Luanda, Angola from 17th to 21st February, 2024 laid on the Table of the …

Let us go to the next Order.

incident occurred in August, 2023, when Mr. James Wanjohi, who is associated with Jesus Culture Ministries Church, was accused of orchestrating a large-scale fraud operation. He reportedly collected an astonishing Kshs600 million from thousands of hopeful Kenyans, promising them non-existing overseas job opportunities. On 24th September, 2024, another scandal emerged implicating Mr. Cesar King’or…

Sen. Kathuri, you have the Floor.

Mr. Speaker, Sir. I have three statements to make, and I can read them simultaneously.

Relations regarding the escalating tension and violence attributed to a land ownership dispute in the area in Kirunyu Area, Igembe Central Constituency. In the Statement, the Committee should-

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 regarding the ongoing military attacks in Igembe North Constituency, Meru County, which have claimed the lives of five residents and two police reservists from Mawathi Ward. In the Statement, the Committee should-

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 the reported cases in Kirang’ondu Ward and Igembe East Ward in Igembe Central Constituency, Meru County, that has caused one death, several injuries, loss of livestock, and destruction of property. In the Statement, the Committee shoul…

Senator for Nandi County, you are cautioned. Sen. Gloria Orwoba, you have the Floor.

That Statement is dropped.

The second Statement is also dropped.

Proceed, Sen. Richard Onyonka.

Thank you, Mr. Speaker, Sir, for giving me the opportunity. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Committee on Health regarding the operation and management of Kisii Teaching and Referral Hospital in Kisii. There have been numerous reports and allegations indicating mismanagement and systemic failures at Kisii Teaching and Referral Hospital, which if not address…

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 the delayed compensation of landowners whose property was compulsorily acquired for the construction of the Eldoret Bypass road project. The Kapchorwa-Suam-Kitale and Eldoret Bypass road, is a project that has been done by a multi-agen…

Hon. Senators, for the convenience of the House and pursuant to Standing Order No.45 (2) , allow me to rearrange the sequence of the Order Paper and we do Division on the Division of Revenue Bill. Thereafter, we will resume debate as contained in the Order Paper. Anything that is on the Floor of the House is a debate, Sen. Orwoba. So, stand guided.

[(Interruption of Statements)]

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

Yes, what is your intervention, Senate Majority Leader?

Mr. Speaker, Sir, I have a matter of concern that perhaps you may need to guide us, as a House, and tell us how you want us to proceed. I am aware that there is a matter presently before the National Assembly, which may or may not find its way to the Senate. Previously, there have been findings in court against Senators for utterances that they made before the matter got to the Senate. Therefore,…

Mr. Speaker, Sir, would you perhaps guide us on how to behave, where to go, where not to go, and so many other things. I thank you.

Thank you, Senate Majority Leader. I will give a Communication before the end of the day on this particular matter.

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

It cannot be a point of order, Senator for Nandi. Kindly, proceed.

Mr. Speaker, Sir, while the issue that has been raised by Senate Majority Leader is of weighty concern, under the law, there is what we call, fair comment. It is judicial notice that your counterpart in the National Assembly and his deputy have taken a position on the matter that is active before them. Therefore, as you consider your ruling, you should also be able to guide us because the umpire …

Thank you. I will consider that in the Communication. Proceed, Sen. Wambua.

Thank you, Mr. Speaker, Sir. I have heard what my colleague, Sen. Cheruiyot, has asked from the Chair. My only worry is we are actually anticipating debate. This matter is not before us. Nobody even knows whether this matter will come before us. As things stand now, we are just hearing things happening in the National Assembly. There is no guarantee that this matter will come before the Senate. T…

Speaker or a Member of the Speaker’s Panel will ever pronounce themselves on any matter irrespective of how they feel about it I submit.

Serjeant-at-Arms, close the Door.

Sen. Mbugua, you have the authority to vote on behalf of Sen. Methu; you may proceed. Sen. Kavindu Muthama, kindly, proceed to the Dispatch and cast your vote.

[(Sen. Mbugua approached the Dispatch Box and voted manually)]

[(Sen. Kavindu Muthama approached the Dispatch Box and voted manually)]

Sen. Ogola, proceed to the Dispatch Box and cast your vote.

Order, hon. Senators. Sen. Mbugua and Sen. Munyi Mundigi, Order.

The results of the Division are as follows-

Social media has been used to attack innocent persons including revealing critical information of the victims in violation of the Data Protection Act. This worrying trend should be dealt with urgently to deter the perpetrators. In the Statement, the Committee should:-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Lands, Environment and Natural Resources regarding asbestos roofing in Gategi Girls, Gitaraka Girls and Wachoro Boys School in Mbeere South Constituency, Embu County. On 28th August 2024, the Cabinet Secretary for Environment, Climate Change and Forestry, Hon. Aden Duale, directed that…

Mr. Speaker, Sir, I rise to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the delayed disbursement of capitation funds to Technical and Vocational Education Training (TVET) institutions. In the Statement, the Committee should-

The second Statement by Sen. Wakoli is deferred.

Mr. Speaker, Sir, on behalf of Sen. Dullo, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the suspected abduction of Mr. Adan Makona Ali from the Dabel area in Marsabit County. Mr. Speaker, Sir, Mr. Ali was taken by police officers and held at Moyale Police Station on Sunday, 25th August, 20…

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee of Finance and Budget regarding the status of pending bills accrued by the County Government of Migori. In the Statement, the Committee should-

Senator of Nandi County, Sen. Cherarkey, kindly, proceed.

Thank you. Mr. Speaker Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on the status of the National Agricultural and Rural Inclusive Growth Project (NARIGP) projects in Nandi County. In the Statement, the Committee should-

Sen. Ogola, proceed.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding claims of unfair labour practices at Sukari Industries in Ndhiwa Sub County, Homa Bay County. In the Statement, the Committee should-

Sen. Lemaletian, proceed.

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 the status of Yamo Dam in Maralal Township in Samburu County; The Yamo Dam project, initiated in 2019 by the Northern Water Works Development Agency, was designed to provide clean and safe water to at least 64,000 househol…

constructing a dam with a capacity of 1.2 million cubic meters, was completed by March

Statements pursuant to Standing Order No.56 (1) (b) , Chairperson Standing Committee for Trade, Industrialization and Tourism.

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 Trade, Industrialization and Tourism for the Second Quarter of the Third Session covering the period between April to August, 2024.

[[The Speaker (Hon. Kingi) left the Chair] [The Deputy Speaker (Sen. Kathuri) in the Chair]]

Next is the Report from the Chairperson Select Committee on County Public Accounts. Proceed, Vice-Chairperson, Sen. Cherarkey Samson Kiprotich.

Thank you, Mr. Deputy Speaker, Sir. I am reading on behalf of the Chairperson, Sen. Moses Kajwang’, who is away on official parliamentary duties. We are enjoying a cordial relationship unlike what is happening in the country. Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) to make a Statement on the activities of the County Public Accounts Committee for the period commenc…

[(Sen. Olekina stood up in his place)]

hiring the mother and close relatives of Governor Sang, happening in Nandi, which is forming the basis of the impeachment of the Governor. Most of these counties; Kilifi, Vihiga, Migori, Kitui, Mombasa, Lamu, Narok and even Meru were being paid through IPPD or payment vouchers. Meru is worse, they pay outside IPPD to ensure the side effects of what transpired in this House--- I would appeal to M…

Sen. Cherarkey, Vice Chairperson Committee on County Public Accounts.

Yes, Mr. Deputy Speaker, Sir.

Who are you answering? I gave you permission.

Okay, I should proceed. I stand guided. For example, on this issue of human resources, Tharaka-Nithi had what we call road marshals. They were under the pretext of road marshals but we established that they were the Governor's goons. There is a crisis in issues of labor, even in Vihiga. Mr. Deputy Speaker Sir, the Committee also observed that there was rampant voiding of payments by county govern…

Committee recommends the CoB institutes mechanisms to enforce compliance of approved cash plans by county entities to avoid rampant voiding payments. During the interrogation of the reports of the Auditor General on the Financial Statements for Financial Year 2021/2022, and the election period, the Committee observed that some county entities did not submit or made late submissions of the relevan…

The Vice Chairperson, our mandate as Senators is domiciled in oversight by your Committee. You also check on the money that we give to counties every year. Like in the discussion we had here this afternoon, we will exchange notes on the way forward. In the future, we would wish to get reports, county by county, not lumpsum. The 40 meetings cannot be on one piece of paper like this. If you examine…

Mr. Deputy Speaker, Sir, while I stand guided, through your secretariat, we normally table reports in which we give directions and recommendations. However, I am happy to try and do a summary version of each county. Thank you.

Thank you. There is a Statement by the Chairperson Standing Committee on Roads, Transportation and Housing. That Report is deferred.

Sen. Murgor had a balance of 11 minutes. Since he is not in, let us have the next interested Senator. Sen. Wambua, proceed.

Thank you, Mr. Deputy Speaker, Sir. Let me confirm from the desk that I have about 20 minutes. Is that right? I rise to make a few comments on the report of the Joint Sittings of the Departmental Committee on Finance and National Planning of the National Assembly and the Standing Committee on Finance and Budget of the Senate on the approval hearing for Mr. David Kibet Kemei for the position of DG…

[(The Clerk-at-the-Table consulted with Sen. Wambua)]

The protection of farmers, consumers and business people fall under the purview of the CAK. It is, therefore, the expectation of all players in the marketplace that the character of the DG of CAK must be in a position to ensure that there is fair play. He should protect us and the business community from middlemen, barons, or businesses that take advantage of their privileged positions in the mark…

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

It would be unfair to place Mr. Kemei among a certain community in this country. He is supposed to be a person who should reach out and serve with anyone and with everyone. When I looked at the CV, I was grossly disappointed. I always say, and I will repeat it, the devil is in the detail. When you look at the referees and the references Mr. Kemei gives, you wonder, surely, what is this? His first…

Thank you, Sen. Wambua. Listening to you, you probably have been a good referee to the nominee. The unfortunate thing is he cannot reach you. He does not know you. We expect referees also to be people who can speak about you, people who know you. Nonetheless, thank you. Hon. Members, we do not have any other member seeking to make a contribution to this. Therefore, I ask the Mover, Sen. Tabitha M…

Thank you, Mr. Temporary Speaker, Sir. I rise to reply to this Motion. First of all, I thank all members who contributed to the vetting process we undertook for Mr. Kibet, the nominee for the CAK. We listened keenly, and I appreciate the responses and remarks. These are the issues that we keenly focused on during our vetting process. My colleague, Sen. (Dr.) Khalwale, yesterday mentioned how we …

committee then at KMTC, him being one of them, the court ruled that some payments needed to be made. I am happy because we always have a competent legal team with whom we work closely. Ms. Lucy leads the legal team in our secretariat team. We engaged the National Assembly team to understand the position and the legality of undertaking the whole vetting process. We received two letters. Legally, n…

or is not likely to be approved by the beginning, then 50 per cent should be authorized to be allocated to the counties. Today, when the Cabinet Secretary appeared before this House, he replied to this Statement. He stated that through this advice that he received from the Office of the Attorney General, he disbursed Kshs31.8 billion. He said that even if there will be late disbursement, this wou…

The question is hereby deferred pursuant to Standing Order No.66 (3) to the next session of the House. Next Order.

[(Putting of the question deferred)]

(The Clerk-at-the-Table consulted with the Temporary Speaker) For purposes of the business of the House and because of quorum, Orders No.11 to 16 are hereby deferred to the next session. We will proceed to call Order No.17

This is a Bill sponsored by the Deputy Speaker, Sen. Kathuri Murungi. He is supposed to move the Bill, but he is absent. Therefore, the Bill is deferred to the next sitting. Next Order.

Similarly, the Mover of this Bill, Sen. Crystal Asige, is not present in the House. This Bill is deferred to the next sitting. Next Order

Sen. Ledama Olekina is supposed to move this Bill together with Sen. William Kisang. They are both absent in the House. Therefore, this Bill is deferred to the next Sitting. Next Order.

Sen. Esther Okenyuri is the sponsor of this Bill. She is not present in the Chamber. Therefore, the Bill is deferred to the next sitting. Next Order.

Sen. Ali Roba is meant to be moving this Bill, but he is not present. Therefore, the Bill is deferred to the next sitting. Next Order.

This is a Bill sponsored by Sen. Gloria Orwoba. She is supposed to move it for a Second Reading but she is not present in the Chamber. Therefore, it is deferred to the next sitting. Next Order.

The Senate Majority Leader, Sen. Cheruiyot, is supposed to be moving this Bill for a Second Reading. He is not present. It is deferred to the next sitting. Next Order.

The Chairperson Committee on County Public Investments and Special Funds, Sen. Osotsi, is supposed to move this Motion, but he is absent from the Chamber. This Order is deferred to the next sitting. Next Order

This Motion, the Chairperson

The Chairperson of the Standing Committee on Energy, Sen. Wamatinga, is not present. This is deferred to the next sitting. Next Order.

Sen. Mumma is the sponsor of this Motion. She is equally not present. Therefore, the Motion is deferred to the next sitting. Next Order.

Fund (NG-CDF), National Government Affirmative Action Fund (NGAAF), the Ministry of Education and county governments through various county bursary funds; CONCERNED THAT, despite these efforts, schools’ fees remain unaffordable for many parents and the allocation of bursaries has been plagued by nepotism, favouritism, and political manipulation, lack of transparency and accountability; FURTHER C…

Sen. Thang’wa is absent from the Chamber. This Motion is deferred.