Senate · Afternoon Sitting

Clerk, confirm whether we have quorum. Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Clerk, if we have quorum, let us proceed. Hon. Senators, I have a Communication to make. Proceed and assume your seats fast. Hon. Senators, when the Chair is upstanding, the House should be silent. Sen. Dullo, the Chair is upstanding.

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

[(Several Senators sat at their places)]

[(Sen. Dullo sat at her place)]

Temporary Speaker, Sen. Wakili Sigei, MP, directed that the Senator substantiates the allegation at the next sitting day. Pursuant to Standing Order No.105(2), I now invite Sen. (Dr.) Khalwale, MP, to forthwith substantiate the claim as raised in the point of order by Sen. Wafula Wakoli, MP, failure to which Sen. (Dr.) Khalwale, shall be deemed to be disorderly within the meaning of Standing Orde…

[(Loud consultations)]

Thank you, Mr. Deputy Speaker, Sir. I understand your advice to me. I want to confirm that I am in a position to substantiate the statement that I made yesterday. To help me make that substantiation, because it is a grave matter, it is not against a fellow sitting Senator, it is not even about the Speaker of the Senate; it is about the Speaker of the other House. It is a matter that touches on Ch…

I do not know the content of what you want to be played. So, I request the Secretariat to take possession, you table it and then I will go and review that evidence.

Yes!

Then you go and review it!

[(Applause)]

Order, Sen. Cherarkey. You know you have no capacity to direct me on the ruling I should make. Sen. (Dr.) Khalwale, I have said you table the evidence that you have. I told you there are two things. Table the evidence to substantiate your statement. So, if you feel like you have it, proceed and table it.

Mr. Deputy Speaker, Sir, I proceed as guided.

And I table!

[(Sen. (Dr.) Khalwale laid the documents on the Table)]

Play it!

Mr. Deputy Speaker, Sir, can he withdraw and seek for forgiveness?

Hon. Senators, this is not a simple matter.

Yes

So, allow me to sleep over this evidence, review it and then give a Communication tomorrow on whether it meets the threshold or not. That has been the procedure. An hon. Member: On a point of order.

[(Loud consultations)]

I do not know who is out of order. Is it myself? I have directed. The matter rests.

[(Loud consultations)]

Not on this issue until I review this evidence. An hon. Member: Clarification, Mr. Deputy Speaker, Sir.

What are you clarifying?

What you have ruled on. This is serious.

This is not a matter of debate. It is a matter between the Chair and the affected Senator. I will give guidance after reviewing that evidence. It is so ruled. An hon. Member: On a point of clarification, Mr. Deputy Speaker, Sir.

Next Order. Order, Sen. Wambua. This is a very simple and straightforward matter. I do not know why you are making noise. I have made my ruling. Hon. Senators, as you may recall, on 12th June, 2025, I made a detailed Communication on the application of Standing Order No.101, and personal Statements pursuant to Standing Order No.58. In the Communication, I directed hon. Senators to adhere to the …

[(Sen. Wambua consulted loudly)]

“No Senator shall impute improper motive to any other Senator or to a member of the National Assembly except upon a specific substantive Motion of which at least three days' notice has been given, calling in question the conduct of that Senator or a Member of the National Assembly.” In the course of his speech, Sen. (Dr.) Khalwale made comments that imputed improper motive on the Speaker of the S…

Hon. Senators, we have a Supplementary Order Paper, please switch to it. It is on your gadgets. Next is Chairperson, Standing Committee on Delegated Legislation.

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, Wednesday, 6th August, 2025- Report of the Select Committee on Delegated Legislation on its consideration of the Environmental Management and Coordination (No. 2) Regulations, 2025, Legal Notice No.71 of 2025. Thank you. I am laying the said Paper; I will give notice of Motion.

[(Strategic and Integrated Environmental Assessments and Environmental Audits)]

[(Sen. Gataya Mo Fire laid the document on the Table)]

[(An Hon. Senator spoke off record)]

The Chairperson Standing Committee on Trade, Industrialisation and Investments, proceed.

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 6th August, 2025- Report of the Standing Committee on Trade, Industrialisation and Tourism on its consideration of the Cooperatives Bill (National Assembly Bills No.7 of 2024) . I thank you.

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

Clerk, let us go to the next Order. The Chairperson Standing Committee on Delegated Legislation, give the notice of Motion.

Thank you, Mr. Deputy Speaker, Sir. I beg to give Notice of the following Motion- THAT, the Senate adopts the Report of the Select Committee on Delegated Legislation on its consideration of the Environmental Management and Co- ordination (No.2) Regulations, 2025, Legal Notice No.71 of 2025, laid on the Table of the Senate on Wednesday, 6th August, 2025; and that pursuant to Section 18 of the St…

[(Strategic and Integrated Environmental Assessments and Environmental Audits)]

[(Strategic and Integrated Environmental Assessments and Environmental Audits)]

Clerk, let us go to the next Order.

(The Clerk-at-the-Table consulted with the Deputy Speaker) Hon. Senators, let me rearrange the business on today’s Order Paper. We will first dispense off putting the questions on Order Nos.9, 10 and 11, then come back to Order No.8. Clerk, call the next Order.

Hon. Senators, this Motion does not affect counties under Standing Order No.84 (1) . However, let me first confirm from the Clerk whether we have a quorum to help us put the question. Clerk, let us go to the next Order.

[(Question put and agreed to)]

Hon. Senators, again, this matter does not affect counties, and since we have quorum, I will proceed to put the question. Clerk, call the next Order.

[(Question put and agreed to)]

Hon. Senators, we will now go back to Order No.8. Sen. (Dr.) Boni Khalwale, I remind you that when the Chair is upstanding--- I can see you are really testing my cool. Sen. Joyce Korir, Sen. Boni Khalwale was behaving nicely, until you went to talk to him, then he started laughing. Clerk, call the next Order. The Chairperson, Standing Committee on Delegated Legislation, proceed.

[(Sen (Dr.) Khalwale and Sen. Korir consulted loudly)]

Hon. Deputy Speaker, I beg to move the following Motion-

THAT, the Senate adopts the Report of the Select Committee on Delegated Legislation on its consideration of the Environmental Management and Coordination (Strategic and Integrated Environmental Assessments and Environmental Audits) (No. 2) Regulations, 2025, Legal Notice No. 71 of 2025, laid on the Table of the Senate on Wednesday, 6th August, 2025; and that pursuant to Section 18 of the Statutor…

Thank you, Mr. Deputy Speaker, Sir. I rise to second this Motion. We are seeking the support of the House to annul the Environmental Management and Coordination (No.2) Regulations, 2025, Legal Notice No.71 of 2025. For the benefit of the House, when we make laws, the power to make laws remains with this House, the Executive is supposed to only execute the laws that we give them. When we make th…

[(Strategic and Integrated Environmental Assessments and Environmental Audits)]

We asked about the RIA report on the Regulations and they were not able to produce it. As a Committee, we were magnanimous and asked the Cabinet Secretary to go back and make amends, which has not been done. We also asked her to go and do public participation because, surely, public participation that was done seven years ago cannot be relevant at this time. Mr. Deputy Speaker, Sir, the people in…

Hon. Senators, now I open the Floor for debate. Proceed, Sen. Cherarkey Samson.

Mr. Deputy Speaker, Sir, I will be brief because this is just to annul the Regulations based on the Report of the Committee on Delegated Legislation. I agree with the Committee on Delegated Legislation chaired by Sen. Mwenda Gataya, and I would like to say the following. Under Article 10 of the Constitution, one of the cornerstones of any engagement on National Values and Principles of Good Gover…

disappeared seven years ago have been presumed dead under the law. What are we saying? This is incompetence that we sometimes try to call out. That is incorrigible incompetence. I thank the Committee on Delegated Legislation. Regarding the Finance Bill of 2013 of Kiambu, the court said that one of the critical ingredients of post-2010 Constitution of Kenya is public participation. I agree with th…

On a point of order, Mr. Deputy Speaker, Sir. I was smiling because what Sen. Cherarkey, who is my my neighbour, has said is not applicable to me. Where I come from, people are serious Christians and not night runners.

Proceed.

Mr. Deputy Speaker, Sir, my apologies. I know him as a serious Christian. Every Sunday, he attends a number of churches. I do not know why Sen. Khalwale is uncomfortable, unless he knows where the night runners are. He can discuss with me during our chai and mandazi later in the Lounge. In conclusion, when you look at Section Seven, there must be reasons. The point I am trying to drive home hot …

because most of the decisions we make on the Floor of the House, sometimes mutatis mutandis, courts of law borrow the reason of Parliament because they believe we have more weight because we are the representatives of the people as per Article 96. To the Mwenda Gataya-led Committee, I celebrate you. This is a direct matter. Let us annul the regulations and call the Cabinet Secretary in charge to …

Proceed, Sen. Mwinyihaji Mohamed Faki.

Bw. Naibu Spika, asante kwa kunipa fursa hii kuunga mkono Ripoti ya Kamati ya Sheria Endelevu ambayo imewasilishwa na Mwenyekiti wa Kamati hiyo, Sen. Mwenda Gataya Mo Fire, kutoka Tharaka-Nithi. Kanuni hizi ambazo zilikuwa zimechapishwa na Waziri wa Mazingira, Mabadiliko ya Tabianchi na Misitu zilipingwa vikali na shirika lijulikanalo kama Environment Institute of Kenya of Kenya (EIK) ambalo ni t…

Bw. Naibu Spika, vile vile Kanuni hizi zinajaribu kuongeza malipo, yaani fees ambazo wataalamu wanapaswa kulipa. Zile ambazo walichapisha mwaka wa 2018 ni tofauti na zile wameweka sasa katika sheria endelezi. Kwa hivyo, Bw. Naibu Spika, ninapounga mkono Ripoti hii, ningependa Seneti ikatae Kanuni hizi na kuzitupilia mbali.

Hon. Senators, I have this Communication to make.

[(Interruption of debate on the Motion)]