Senate · Afternoon Sitting
Wednesday, 4 October 2023
Senators Tobiko, Ogola and Khalwale criticised the practice of political parties nominating outsiders to county assemblies, arguing it undermines local representation and devolution. They supported a petition urging that nominations be restricted to residents of the respective counties and called for reforms, including possible constitutional amendments, to curb patronage and nepotism. The debate highlighted concerns over equity, abuse of nominations and the need for more transparent, locally‑rooted representation. Senators debated the criteria for nominating members to county assemblies, criticizing the placement of non‑local candidates and urging a balance between local representation and competence. Procedural interjections followed, and Sen. Nyamu used the platform to highlight Kenya's alarming breast cancer statistics and call for greater awareness and support. Senators debated the high cost of maize and urged the government to subsidise both fertilizer and fuel, as well as to guarantee minimum returns for farmers through the National Cereals and Produce Board. They also raised concerns about seed shortages, called for an investigation into sarcoma, and expressed strong opposition to homosexuality, criticizing perceived government inaction. The tone combined constructive policy suggestions with sharp criticism of officials and controversial social commentary.
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)]
Serjeant-at-Arms, I am informed that we have quorum now. Kindly stop the Bell. Clerk, proceed to call the first Order, please.
Hon. Senators, I have two Communications to make.
I made some directive yesterday to the extent that I was to deliver a ruling on the matter touching on the presence of Sen. Orwoba in this Plenary. Instead, the ruling will be delivered tomorrow at 2.30 p.m.
Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon, a visiting delegation from Kisumu County Assembly. The delegation comprises six Members and five officers of the Committee on Public Accounts and Investments who are on a benchmarking visit with their counterparts in the Senate. Hon. Senators, I request each member of the delegation to stand when call…
Equally, I would like to acknowledge the presence in the Public Gallery this afternoon, a visiting delegation from Zetech University Students Association (ZUSA) Congress. The delegation comprises 22 students who are in the Senate for a one-day visit. 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 an…
[(Applause)]
Thank you, Mr. Speaker, Sir, for that privilege. It is a fact that I am the Senator for Kakamega County, but a good neighbour of Kisumu County. I take this opportunity to welcome our visitors. I wish to inform them that your Senator, Sen. (Prof.) Tom Ojienda Odhiambo, SC, is a vibrant Member in this House. He
is a go-getter, not just in this House, but even outside. He normally does many experiments, including going to State House and agreeing with me on many things. So, you should know that he is compliant with the Government and, therefore, you will access development in Kisumu County faster.
Mr. Speaker, Sir, the duty you have given me is to welcome the visiting students from Zetech University. I will try to avoid the temptation to respond to what Sen. (Dr.) Khalwale has said. To the students from Zetech University, I take this opportunity on behalf of the leadership of the Senate, to welcome you to the Chamber. Take the time to learn the good things you see in this Chamber and aspir…
Next order.
Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate, today 4th October, 2023- Annual Report of the Public Service Commission (PSC) for Financial Year 2022/2023. Annual Report of the National Cohesion and Integration Commission (NCIC) for Financial Year 2021/2022. Office of the Controller of Budget (CoB) annual county government’s budget implementation revie…
[(Sen. (Dr.) Khalwale laid the documents on the Table)]
Is the Chairperson of the Committee on Delegated Legislation or any Member of the Committee here? Next Order!
Statement pursuant to Standing Order No.52 (1) . Proceed, Sen. Nyamu.
Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern regarding the world’s breast cancer awareness month, the state of cancer disease in Kenya and the challenges facing victims of this dangerous disease. Mr. Speaker, Sir, the month of October is a very important month in the global calendar of health and wellness. This is because…
Sen. Lomenen, proceed.
Sen. Lomenen, proceed.
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of county-wide and general topical concern, namely, The effects of Climate Change and the Mitigation Strategies in Turkana County. I wish to draw the attention of the Senate to the severe impact of climate change that has befallen the Turkana community. Climate change is the extreme weather pa…
Consequently, the County has experienced droughts, flies and intense rainfall as observed hazards. These hazards pause a growing threat to our agriculture sector. Drought and high temperatures in particular, constitute significant dangers to Turkana County. They result in pasture loss, livestock starvation, depletion of water sources and conflicts among pastoralists fighting for dwindling resource…
Sen. (Dr.) Khalwale.
Thank you, Mr. Speaker, Sir. I have two Statements. The first one is pursuant to Standing Order No. 53 (1) , seeking a Statement from the Standing Committee on Labour and Social Welfare regarding---
Sen. (Dr.) Khalwale, we are still on statements pursuant to Standing Order No.52.
Sen. (Dr.) Khalwale, we are still on statements pursuant to Standing Order No.52.
What is your point of order, Sen. Mwaruma?
Mr. Speaker, Sir, I seek your indulgence because Sen. (Dr.) Khalwale is talking about the suspension of the operations of an assembly by the courts. If the matter is live in the court and he brings it here, does it not flout the sub judice rule? He is discussing the substance of the case in court and we need your guidance. I thank you.
Sen. Mwaruma, under Standing Order No.103 (4) , a Senator alleging that a matter is sub judice shall provide evidence to show that paragraphs two and three are applicable. It means that you must prove that if it is criminal or civil case, and if it is active, arrangements for hearing have been made, it is set down for trial and that the proceedings are very much alive. Therefore, rising on a poin…
Mr. Speaker, Sir, I might not be a learned friend, but I am well- educated. When Sen. (Dr.) Khalwale said that the courts suspended the operations of the court until the matter is heard and determined, that means that the matter is live in court. Therefore, I do not know any other understanding than the fact that this matter is live in court from his submissions. I thank you.
The standards of proof is as contained under Standing Order No.103 (4) . Saying that there is an order pending hearing and determination of a case does not meet the requirement of Standing Order No. 103 (4) and that is why, that particular standard of proof was given in our Standing Orders to avoid the kind of general statements that this matter is active in court. You must go beyond that Statemen…
The standards of proof is as contained under Standing Order No.103 (4) . Saying that there is an order pending hearing and determination of a case does not meet the requirement of Standing Order No. 103 (4) and that is why, that particular standard of proof was given in our Standing Orders to avoid the kind of general statements that this matter is active in court. You must go beyond that Statemen…
Let us move to Statements pursuant to Standing Order No. 53 (1) . The Statement for Sen. James Murango is dropped.
Let us move to Statements pursuant to Standing Order No. 53 (1) . The Statement for Sen. James Murango is dropped.
Thank you, Mr. Speaker, Sir. I have two Statements to read.
Proceed to the second Statement.
Proceed to the second Statement.
Proceed, Sen. Murgor.
Proceed, Sen. Murgor.
Proceed, Sen. Ogola. Sen. Mwaruma, are you holding brief for Sen. Ogola?
Yes, Mr. Speaker, Sir. She has requested me to hold brief for her because she is attending to other exigencies.
Proceed.
Proceed.
Proceed, Sen. Lomenen.
Thank you, Mr. Temporary 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 status of construction of the Lodwar Court Building in Turkana County. In the Statement, the Committee should:
Proceed, Sen. (Dr.) Khalwale.
Proceed, Sen. Wafula.
Proceed, Sen. Wafula.
Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow Thursday, 15th October, 2023 at 2.30 p.m. The Senate rose at 6.30 p.m.