Senate · Afternoon Sitting
Wednesday, 31 May 2023
Senator Faki highlighted the backlog of key financial bills, urging whips to secure quorum and schedule a vote before the new fiscal year. He criticised the slow pace of bill processing and absenteeism while praising the growing number of public petitions as a sign of citizen confidence in the Senate. The speech also outlined pending motions, questions to cabinet secretaries, and the need for timely committee action. Senator Cheruiyot highlighted chronic procedural challenges in the Senate, including lack of quorum, absent movers for bills and motions, and the resulting backlog of legislation and petitions. He also noted a positive development with increased minority participation in question time, urging all members to prioritize attendance and expedite pending business. The discussion covered the status of bills, motions, petitions, and upcoming questions to cabinet secretaries on security, drug abuse, and procurement issues. Senators raised concerns about multinational companies evading taxes, citing the Finance Bill 2023’s repatriation tax proposal and a petition against East African Breweries. The debate also touched on land and wayleave disputes involving Kenya Pipeline Company and included procedural interruptions over points of order and senators’ dress code. While criticism of fiscal practices dominated, the session also featured light‑hearted procedural exchanges.
Clerk, do we have quorum?
[(The Clerk-at the-Table consulted the Speaker)]
Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.
[(The Quorum Bell was rung)]
[(Several Senators entered into the Chamber)]
Serjeant-at-Arms, I am informed that we do have quorum now, so, kindly stop the Bell. Clerk, you may proceed to call the first Order.
Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of two members of staff from the County Assembly of Mandera. The officers are in the Senate for a two weeks’ attachment programme in the Directorate of Legislative and Procedural Services.
Hon. Senators, on behalf of the Senate and my own behalf, I extend a warm welcome and wish them a fruitful programme.
Thank you, Mr. Speaker, Sir. I take this opportunity to welcome our team from Mandera County Assembly who are here to learn from Parliament of Kenya, particularly the Senate. I am sure you will find a lot of valuable time to learn procedures and processes in order to make your processes better as an assembly and within your own jurisdiction. Karibuni na pongezi kwa kuja hapa. Asante. The Senate …
Clerk, proceed to the next Order.
Clerk, proceed to the next Order.
Thank you, Mr. Speaker, Sir for allowing me an opportunity to welcome the students of Albright to the Senate. On behalf of my colleagues and the entire House, I wish them a fruitful visit of the Senate. You have said that they are members of the journalism club. We had conversations in my office following a request that came from one of the schools called Huruma Girls to support the journalism cl…
[(Applause)]
public schools. I want us to grow the talent in the school. I hope that we can have very serious future journalists, news reporters and all the others from this particular school. As they might understand, the press and journalism are one of the four pillars of democracy. We need them. We need to see new practitioners in journalism that is an essential core in the protection of our democracy ever…
public schools. I want us to grow the talent in the school. I hope that we can have very serious future journalists, news reporters and all the others from this particular school. As they might understand, the press and journalism are one of the four pillars of democracy. We need them. We need to see new practitioners in journalism that is an essential core in the protection of our democracy ever…
The second Petition is by Sen. Mariam Omar.
As a result of illegal demolitions, nearly five hundred families were rendered homeless with children forced to close schools earlier because their schools and their residents had been destroyed; Some residents also lost their livelihoods since their businesses were demolished. It is also worth noting that one of the residents committed suicide as a result of frustration, trauma and shock created…
As a result of illegal demolitions, nearly five hundred families were rendered homeless with children forced to close schools earlier because their schools and their residents had been destroyed; Some residents also lost their livelihoods since their businesses were demolished. It is also worth noting that one of the residents committed suicide as a result of frustration, trauma and shock created…
Thank you, very much Mr. Speaker, Sir, for also granting me an opportunity to present the Petition that I have been authorized by a resident and citizen of this country to present on his behalf pursuant to Standing Order No.232 of this Senate. The Petitioner respectfully states that the Kenya Breweries Limited is one of the oldest publicly listed companies in Kenya having been established in the …
Next Order. What is your point of Order, Sen. Sifuna?
Report of the Auditor-General on the Financial Statements of Laikipia County Education Bursary Fund for the year ended 30th June, 2022. Report of the Auditor-General on the Financial Statements of County Executive of Kisumu for the year ended 30th June, 2022. Report of the Auditor-General on the Financial Statements of Kisumu County Government Revenue Fund for the year ended 30th June, 2022. Re…
Mr. Deputy Speaker, Sir, one of the tools of debate that has been demonized in this House is the ‘Point of Order’. When you hear someone saying shouting “point of order”, you just think it is something negative. I could not do it – what term do I use – when the substantive Speaker was now committing the Petitions to the Committee. It was also problematic when I tried to raise it when you were cal…
Next Order. What is your point of Order, Sen. Sifuna?
Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.237 on the business we have just transacted regarding comments on Petitions. My reading of that Standing Order is that when the Speaker allows comments, the comments are in relation to a Petition. That is singular. When there are two Petitions that are rolled into one, the Speaker should be at least clear on how much time he is allocat…
[(Sen. Orwoba spoke off record)]
Sen. Sifuna, are you saying there is no Speaker now in this House? You have just said you could not raise your point of order when the Speaker was chairing.
Mr. Deputy Speaker, Sir, one of the tools of debate that has been demonized in this House is the ‘Point of Order’. When you hear someone saying shouting “point of order”, you just think it is something negative. I could not do it – what term do I use – when the substantive Speaker was now committing the Petitions to the Committee. It was also problematic when I tried to raise it when you were cal…
Mr. Deputy Speaker, Sir, this is a pressing issue because today, we came ready for supplementary questions for the Cabinet Secretaries. It is as if some of our dashboards are hazard lights; they are on yet we do not get the opportunity to contribute.
What is your point of order?
My point of order is that aside from the reference that Sen. Sifuna is making on the book, there is an issue on matters expressing ourselves in the House. It needs to be looked into. Thank you.
Is that a point of order? Next Order. Sen. (Dr.) Khalwale, I understand there are more Papers that you have not laid. It is not you. I am informed that it is the Chairman of the Committee on Labour and Social Welfare.
[(The Clerk-at-the-Table consulted the Deputy Speaker)]
Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 31st May, 2023-
What is your point of order?
My point of order is that aside from the reference that Sen. Sifuna is making on the book, there is an issue on matters expressing ourselves in the House. It needs to be looked into. Thank you.
Is that a point of order? Next Order. Sen. (Dr.) Khalwale, I understand there are more Papers that you have not laid. It is not you. I am informed that it is the Chairman of the Committee on Labour and Social Welfare.
[(The Clerk-at-the-Table consulted the Deputy Speaker)]
Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 31st May, 2023-
There are more Papers. The Chairman for the Standing Committee on Health.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 31st May, 2023-
Thank you. Next Order if there are no other Papers. The Chairman of the Committee on Finance and Budget, I am informed that you have a Paper to lay.
[(The Clerk-at-the-Table consulted the Deputy Speaker)]
Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 31st May, 2023 –
Next Order. The Chairman of Standing Committee on Health, please proceed to read the Notice of Motion.
Mr. Speaker, Sir, I wish to give Notice of Motion to adopt the Report of the Standing Committee on Health on the death of the late Maureen Anyango at Mama Lucy Kibaki Hospital due to alleged medical negligence. I beg to give Notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Health on the death of the late Maureen Anyango at Mama Lucy Kibaki Hospital d…
Mr. Deputy Speaker, Sir, I also want to give Notice of Motion to adopt the Report of the Standing Committee on Health on the circumstance that led to the death of the late Master Travis Maina at Kenyatta National Hospital. I beg to give Notice of the following Motion- That the Senate adopts the Report of the Standing Committee on Health on the circumstance that led to the death of the late Master…
That the Senate adopts a Report of the Standing Committee on Health on the death of the late Edward Otieno Onyango, due to alleged medical negligence laid on the Table of the Senate, Wednesday, 31st May,
Sen. Munyi Mundigi, I understand that you are hosting Madaraka Day tommorow and you are not inviting Senators to your county?
On a point of order, Mr. Deputy Speaker, Sir.
Order, Sen. Munyi Mundigi. Kuna hoja ya nidhamu.
Mr. Deputy Speaker, Sir, I am on my feet on a point of order. Pursuant to the Standing Order on responsibility for statements, I do not think it is correct for the Senator for Embu County to say that Senators have no power in his own language.
On a point of order, Mr. Deputy Speaker, Sir.
[(Laughter)]
Sen. Munyi Mundigi is on a point of order. Wait until he finishes.
Mr. Deputy Speaker, Sir, at the risk of violating our own Standing Orders, perhaps allow me to say it using the language that he spoke in, so that he understands what the problem was. Amesema anajua Maseneta hawana nguvu. Nguvu ziko katika serikali za kaunti na Serikali Kuu. That is a very dangerous statement coming from the Senate because we have constitutional powers in this House. If we had no…
Mr. Deputy Speaker, Sir, I am on my feet on a point of order. Pursuant to the Standing Order on responsibility for statements, I do not think it is correct for the Senator for Embu County to say that Senators have no power in his own language.
On a point of order, Mr. Deputy Speaker, Sir.
[(Laughter)]
On a point of order, Mr. Deputy Speaker, Sir.
What is it, Sen. Munyi Mundigi? I gave you privilege to welcome Senators not to dramatize your issues here.
Bw. aibu Spika, nafikiri kuwa Seneta mwenzangu wa Azimio, ambaye ni rafiki yangu hakuelewa nilichosema. Watu wengi wanaona kama Seneta haina nguvu lakini sisi tunajua kwamba Seneti ni ‘upper’ House. Seneta wa Nairobi, rafiki yangu kutoka Azimio, kwa sababu leo sio siku ya kurusha mawe, unafaa uelewe--- Mimi nimesema kwamba watu huona kama Seneta haina nguvu lakini katika Kenya, Seneti ni ‘Upper’…
I would wish that Sen. Munyi Mundigi withdraws that statement because it goes to reinforce the characterization and perception out there amongst the public that we are indeed a House with no power. I thank you.
Labda kuna nguvu nyingine anazungumzia na sio hio ya uongozi. Kuna hitilafu hapa.
On a point of order, Mr. Deputy Speaker, Sir.
County Government of Taita Taveta. In the Statement, the committee should-
Next Statement by Sen. Gataya Mo Fire.
Thank you, Mr. Deputy Speaker, Sir. I have three Statements that I want to make. I will start with the easiest on the compensation of a family struck by lightning in Tharaka Nithi County.
Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to request for these two Statements. Allow me to go through both of them.
Next Statement is by Sen. Mandago.
Next Statement by Sen. Gataya Mo Fire.
Thank you, Mr. Deputy Speaker, Sir. I have three Statements that I want to make. I will start with the easiest on the compensation of a family struck by lightning in Tharaka Nithi County.
Mr, Speaker, Sir, I rise, pursuant to Standing Order No.53
Thank you. Sen. Githuku, proceed.
Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the construction status of the road connecting Lake Kenyatta Primary School to Uziwa Junction in Lamu County. In the Statement, the Committee should-
Next Statement is by Sen. Chimera.
Thank you, Mr. Deputy 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 registration of persons in West Pokot County. In the Statement, the Committee should-
Thank you. Sen. Githuku, proceed.
We will proceed to the Statement by the Senate Majority Leader under Standing Order No. 57 (1) . I apologise, there is the last request for Statement from Sen. Faki.
Next Statement is by Sen. Chimera.
Thank you, Mr. Deputy 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 construction status of the Kwale-Kinango Road. In the Statement, the Committee should-
Thank you. The Statement by the Senator for Murang’a County and the Nandi Statement have been deferred.
Mr. Deputy Speaker, Sir, pursuant to Standing Order No.57 (1) , I hereby present to the Senate the business of the House for the week commencing Tuesday, 6th June, 2023. As I highlighted in my Statement on Thursday, 25th May, 2023, there are important financial instruments which are pending consideration in the Senate. These are the County Allocation of Revenue Bill (Senate Bills No.16 of 2023) ,…
opportunity to sit here on their behalf, you find empty seats in both Houses of Parliament. It is something I have never understood. I, therefore, urge that we be present on Tuesday so that we conclude on that important business. In summary, out of the 33 Bills published in the Senate, the following are pending consideration; 19 are at the Second Reading Stage; five are at the Committee of the Wh…
Not to mention the fact that Sen. Wakili Sigei, on behalf of a citizen of this country, presented what I will consider a class action Petition, when an ordinary citizen invited this House to look into the operations of corporations that are huge enough perhaps to look the other way in terms of obligations and not have any of our state agencies nab them on their bad practices. The citizens believe …
Proceed, Senate Majority Leader.
Thank you, Senate Majority Leader. As you have indicated, we can now not transact several businesses here because we have no numbers to go to Division. Therefore, businesses appearing as Orders No.8, 9, 10 and 11 are deferred.
opportunity to sit here on their behalf, you find empty seats in both Houses of Parliament. It is something I have never understood. I, therefore, urge that we be present on Tuesday so that we conclude on that important business. In summary, out of the 33 Bills published in the Senate, the following are pending consideration; 19 are at the Second Reading Stage; five are at the Committee of the Wh…
Not to mention the fact that Sen. Wakili Sigei, on behalf of a citizen of this country, presented what I will consider a class action Petition, when an ordinary citizen invited this House to look into the operations of corporations that are huge enough perhaps to look the other way in terms of obligations and not have any of our state agencies nab them on their bad practices. The citizens believe …
Mr. Deputy Speaker, I have also seen something which I am not complaining about because it is not my business to complain. When the Cabinet Secretaries eventually complain to me, I will pass the blame to you. It is on the expanded interpretation of what Supplementary Questions are. If you were in today’s Session, you know that the Cabinet Secretaries who appeared here, answered completely new sets…
Thank you, Senate Majority Leader. As you have indicated, we can now not transact several businesses here because we have no numbers to go to Division. Therefore, businesses appearing as Orders No.8, 9, 10 and 11 are deferred.
We go to Order No.12.
Mr. Speaker, Sir, I beg to move this Motion in an amended form: THAT, notwithstanding the Resolutions of the Senate made on 16th February, 2023, and 29th March, 2023, pursuant to Standing Order 32 on approval of the Senate Calendar (Regular Sessions) for the Second Session 2023; and further notwithstanding the provisions of Standing Order No.34
Proceed, Sen. Chimera.
The Senate Majority Leader told us that the Parliament contributes towards the prayer day. Nonetheless, I have not been asked for my contribution. So, I do not know how Parliament contributes. Is it from the taxpayers' funds or from our funds? Nonetheless, it is a good thing to pray, as long as the taxpayer does not pay for the prayers. Otherwise, we shall be violating the Constitution on the est…
Thank you. Proceed, Sen. M. kajwang’.
Mr. Deputy Speaker, Sir, I rise to support the Motion. When I look at the Constitution of Kenya, the Preamble says- “We, the people of Kenya- ACKNOWLEDGING the supremacy of the Almighty God of all creation”. Mr. Deputy Speaker, Sir, that Preamble does not talk about the Jewish, Islamic, African or the Caucasian God. It talks about God of all creation. So, we must acknowledge the supremacy of God,…
I am sorry; we were time barred. So, today I used the word “may”. Proceed, Sen. Okiya Omtatah.
Mr. Deputy Speaker, Sir, I want to contribute to the Motion by saying that adjourning for the prayer day is apt. Even though we are not a theocracy and we must masquerade as one, it is important that those who want to pray are given an opportunity to do so. We will see to it that the opportunity is granted since it will be interdenominational only that prayers are a private function. A taxpayer s…
Mr. Deputy Speaker, Sir, I thank the colleagues who have contributed to this fairly straight forward Motion. In the 19th Century, there was a German Philosopher called Friedrich Neitzsche. He advanced the theory that came to be known as God is dead. Therefore, a few of his adherence at the university where he taught, wrote a huge mural on the wall that God is Dead, Fredrick Neitzsche. As fate wo…
Thank you. Proceed, Sen. M. kajwang’.
Mr. Deputy Speaker, Sir, I rise to support the Motion. When I look at the Constitution of Kenya, the Preamble says- “We, the people of Kenya- ACKNOWLEDGING the supremacy of the Almighty God of all creation”. Mr. Deputy Speaker, Sir, that Preamble does not talk about the Jewish, Islamic, African or the Caucasian God. It talks about God of all creation. So, we must acknowledge the supremacy of God,…
Mr Deputy Speaker, Sir, that Preamble is the basis upon which the State of Kenya is established. Let us not only think about God when things are going bad. Let us think about the heroes who established this State called Kenya and the other commitments that we have made in our Constituion. God helps those who help themselves. I believe in that. There are some people who think that it is a saying b…
Hon. Senators, having no other Senator interested to contribute, I call upon the Mover to reply.
Mr. Deputy Speaker, Sir, I thank the colleagues who have contributed to this fairly straight forward Motion. In the 19th Century, there was a German Philosopher called Friedrich Neitzsche. He advanced the theory that came to be known as God is dead. Therefore, a few of his adherence at the university where he taught, wrote a huge mural on the wall that God is Dead, Fredrick Neitzsche. As fate wo…
I do not think that, in any way, getting us to pray suggests that there is a dereliction of duty on our part as leaders especially, those that serve in this present administration. Rather, it is an admission that despite all the knowledge that we may have, sometimes there are challenges that are beyond the will and the power of man that only the super natural can solve for us. Mr. Deputy Speaker,…
Madam Temporary Speaker, the European Union (EU) came up with the right to disconnect in January 2021 as the workers right. The EU has defined the right to disconnect as – ‘A worker’s right to disengage from work and refrain from engaging in work related electronic communication such as emails and other Short Messages Services (SMS) during non-working hours.’ Kenyans should understand that there …
Madam Temporary Speaker, I rise to second the Employment (Amendment) Bill (Senate Bills No.11 of 2022) , which has been moved by Sen. Cherarkey. I will not repeat what the Senator has eloquently presented. All I want is to say that this Bill is timely and is clearly anchored in the Constitution of Kenya. I want to begin by referring the House to Section 7 (1) of the Sixth Schedule to the Constit…
Proceed, Sen. Murgor.
[[The Deputy Speaker (Sen. Kathuri) left the Chair] [The Temporary Speaker (Sen. Mumma) in the Chair]]
On a point of order, Madam Temporary Speaker.
right that has been provided for. Therefore, Sen. Okiya Omtatah, as the people's watchman and one of the serious litigators on human rights that we have in the Republic, would have the opportunity to also look at the law. Madam Temporary Speaker, this is the first law of its kind in Africa. Many people would say, why would we need to disengage? I have given enough reasons as to why including the …
Madam Temporary Speaker, I wanted to rise on a point of order, but my device did not alert you. Nonetheless, Standing Order No.41 (1) regarding the quorum states that- “If at any time in the course of the proceedings of the Senate a Senator objects that there is not a quorum present, the Speaker or the Chairperson shall count the Senators present in the Senate or the Committee as the case may be.…
Clerk, can you confirm whether we have quorum or not?
[(The Clerk-at-the-Table consulted the Temporary Speaker)]
Thank you, Madam Temporary Speaker for giving me the opportunity to contribute to this Bill. Today’s world is becoming a world of pressure in many ways. There is pressure from family, responsibility, job, environment, neighbours and so on. Whichever opportunity one gets to work in a conducive environment so that they do not face a lot of pressure, will enhance the ability and effort that one can …
On a point of order, Madam Temporary Speaker.
What is out of order, Sen. Kibwana?
Madam Temporary Speaker, I wanted to rise on a point of order, but my device did not alert you. Nonetheless, Standing Order No.41 (1) regarding the quorum states that- “If at any time in the course of the proceedings of the Senate a Senator objects that there is not a quorum present, the Speaker or the Chairperson shall count the Senators present in the Senate or the Committee as the case may be.…
Clerk, can you confirm whether we have quorum or not?
[(The Clerk-at-the-Table consulted the Temporary Speaker)]
The Clerk has confirmed that there is no quorum. Can the Serjeant-at-Arms ring the bell for 10 minutes?