Senate · Afternoon Sitting

Clerk, do we have a quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Hon. Senators, kindly let us take our seats.

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

[(The Quorum Bell was rung)]

[(Loud consultations)]

prosecute suspects involved in the abduction and disappearance of her husband, Mr. Joshua Gichuki Mwangi. Hon. Senators, kindly walk in and take your seats.

Report of the Auditor-General on the Financial Statements of Baringo County Assembly (Members) Car Loan and Mortgage Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of the County Assembly of Baringo for the year ended 30th June, 2023. Report of the Auditor-General on the Financial Statements of the County Government of Baringo – Receiver of Revenue …

Next Order.

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 implementation of the report of the committee on the Petition by Mr. Kimutai Kirui and

other residents of Uasin Gishu County concerning alleged fraud by First Choice Recruitment and Consultancy Agency Limited. In the Statement, the Committee should-

Sen. Osotsi, you may proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding the state of the e-Citizen digital payment platform. In the Statement, the Committee should-

Senator for Nairobi City, how does that request for a Statement differ from the Question that was supposed to be responded to by the Cabinet Secretary for National Treasury and Economic Planning?

Mr. Speaker, Sir, if you look at your dashboard, I had already expressed interest in commenting slightly on Sen. Osotsi’s Statement. It will be helpful if the Committee ties all the issues that have been raised.

Maybe Sen. Osotsi knows. The Cabinet Secretary himself was supposed to be here this morning, but he did not come. That is a more direct route to get answers than the Committee way. However, I will be seeking to say a few things about it.

You better say now because we are not allowing---

Mr. Speaker, Sir, I have just asked for my notes, wacha nijipange.

[(Laughter)]

Having said that, Sen. Sifuna, let us proceed to the Statement by Sen---

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

You will get your moment, Sen. (Dr.) Khalwale. The Statement by Sen. Chimera is deferred pursuant to the Senator’s request.

Mr. Speaker, Sir, listening to what the Senator for Nairobi City County has told you, there would be greater benefit if you allowed both the Question to be raised and be responded to by the Cabinet Secretary and the Statement to be sought, for the reason that this is a matter of grave national concern. Therefore, hearing from the Cabinet Secretary himself and getting a report from the committee wi…

Sen. Sifuna, are you still gathering your thoughts?

Mr. Speaker, Sir, if you have noticed, I do not speak without my speaking notes, so that I can go systematically.

Well, I have not noticed that.

[(Laughter)]

I am reminded that the Speaker is blind, but please allow other Members to talk---

That is okay. Sen. Olekina, proceed.

Mr. Speaker, Sir, I rise to support the Statement by Sen. Osotsi. What I would like to request is that when the Committee investigates that matter, they should find out what exactly is happening even with the National Transport and Safety Authority (NTSA) . We are now moving from an old NTSA system to eCitizen. Everyone has to pay Kshs50. However, the biggest problem is that the migration process…

time. Most drivers are being arrested because their vehicles are not in the system, then they are charged. I know of a few people who have had to pay for lack of inspection stickers. The problem is that we are migrating from the old system of NTSA to eCitizen digital platform. Mr. Speaker, Sir, having said that, and noting the two-minute limit that you put, it will also be important for us to und…

Proceed, Sen. Cherarkey.

Mr. Speaker, Sir, I would like to comment on the Statement by Sen. Osotsi on the issue of eCitizen. While we agree that there are challenges with the usage of eCitizen digital platform, it was intended to ensure that we have a one-stop shop and that all payments are made through it. As you are aware, payments to NTSA, National Environment Authority (NEMA) and even school fees, among others, are d…

Sen. Cherarkey, the Hon. Sen. Omogeni would like to inform you. Are you amenable?

Yes Mr. Speaker, Sir. He can inform me. He has been my advocate before and I have benefitted.

Mr. Speaker, Sir, I heard Sen. Cherarkey mention my name in a manner that can create an impression to Kenyans that I am not a man of integrity. He says that when I go to Nyamira County seeking services and a file has disappeared, I give Kshs500 for it to be produced. Mr. Speaker, Sir, I want to go on record that I do not give bribes. I have never bribed anyone in any registry to get a file. If he…

[(Laughter)]

Proceed and conclude, Sen. Cherarkey.

Mr. Speaker, Sir, as I conclude, that was misplaced. He did not listen to me carefully. I said since he is an advocate and was the Chair of Ethics and Anti-Corruption Commission (EACC) some time back, his integrity precedes his name. I said that since he is an advocate, he has encountered challenges while filing in courts of law and the land registry, unless he is new to Jerusalem. If there is no …

Proceed, Sen. Sifuna.

Thank you, Mr. Speaker, Sir, for your indulgence. Indeed, my Statement was motivated by an incident of two elderly women paying for their National Health Insurance Fund (NHIF) contributions through this platform. The NHIF were insisting that the payments were not reflecting on their side. The problem then becomes that these persons lose the cover and also incur penalties for fake arrears. They hav…

other persons of lower means; to impose again a Kshs50 convenience fee is to impose a burden many people cannot bear. I had a conversation with Sen. Osotsi. He wanted the Committee to seek answers from the Ministry itself. If they are dissatisfied, then we can summon the Cabinet Secretary to appear before the committee. Mr. Speaker, Sir, because of what happened today, the Questions and issues, …

In that case, the Statement as requested by Sen. Osotsi will now proceed to commitment to the relevant committee awaiting the appearance of the Cabinet Secretary for purposes of responding to the Question posed by the Hon. Senator for Nairobi City County. I am going to read Standing Order No.55 (3) (e) . It says: “A request for Statement shall not repeat in substance any matter covered in a prior…

Mr. Speaker, Sir, I beg to move the following Motion- THAT, the Senate, adopts the Report of the Standing Committee on Finance and Budget on the 2024 Budget Policy Statement, laid on the Table of the Senate yesterday, Tuesday, 5th March, 2024, and pursuant to Section 25 (7) of the Public Finance Management Act and Standing Order No.186 (8) , the Senate, approves the 2024 Budget Policy Statement (B…

It entails-

The 2024 BPS projections on ordinary revenue as a share of GDP indicate that revenue will increase from 14.3 per cent of GDP in the 2022/2023 FY to 17 per cent in the medium term (by Financial Year 2026/2027). The projected ordinary revenue collection for FY 2024/2025 is Kshs2.948 trillion, while projected revenue including grants is Kshs3.484 trillion. The proposed total expenditure and net len…

Budget, we have had extensive engagement with the National Treasury on how it intends to regularize the arrears to equalization fund that has not been released. The National Treasury made commitment in writing to the committee that it intends to comply over the next four years. However, the arrears allocation even though it is positive and it is an excellent gesture, because this has not happened…

Mr. Speaker, Sir, I wish to thank our able Chairperson for the Committee on Finance and Budget for presenting this. The Chairperson of Finance and Budget Committee, Sen. Ali Roba, has actually captured most of the deliberations that we had in the Committee with regard to the BPS. My work even as I second will be a very easy one. I invite colleague Senators to be keen in some areas that we did del…

I appreciate the committee for coming up with a scientific formula, based on an absolute value of the revenue that we realized in the previous year. That is something that we need to stamp our feet down on. Mr. Speaker, Sir, if you look at all the submissions that were done here, the calculation that was done by the committee would be the best number to stick to. Let us try to push for it, so tha…

Another issue that I want to highlight is the recognition that in the last one year, the exchange rate in the country has led to a serious economic beating. During the time that we considered this report, we had a good bump with the response to the Eurobond that was floated in the last one month. We have been seeing a good number of appreciations of our currency going forward. If you look at how …

Mr. Speaker, Sir, there is no need to project serious revenue growth based on those nine sectors. There are going to be 10 if we include the sugarcane sector. I hope that will benefit the people of Migori and Malinya, where the Senate Majority Whip comes from. Mr. Speaker, Sir, if we do not deal with the issue of pending bills so that suppliers can participate in our economy on a day-to-day basis…

Hon. Senators, before I propose the question, I have the following Communication to make.

[(Interruption of debate on Motion)]

Mr. Speaker, Sir, for the record, for the avoidance of doubt and to shame the devil, I did, in fact, attend the University of Nairobi for four years.

[(Loud consultations)]

[(Laughter)]

Order, Hon. Senators! Proceed to welcome the delegation.

Mr. Speaker, Sir, you can clearly see those who went to school properly and those who did not.

[(Laughter)]

Sen. Sifuna, proceed to welcome the delegation.

Thank you, Mr. Speaker, Sir. This is quite a coincidence because, about 20 years ago, I was standing at the Graduation Square at the University of Nairobi receiving my degree as a lawyer. I went back to those grounds for the first time in those 20 years, just today. This is because there is a festival organised by the Centre of Multiparty Democracy called the People’s Dialogue Festival. I was quit…

I wish that they will learn something and pick up whatever good they will see from the Senate this afternoon. We are hoping that we will grow generations of leaders. In fact, at the University of Nairobi today, I said that our responsibility as the current leadership in this country is to create a country that the young ones will be proud of. They will not be lamenting the way that I hear Prof. Ou…

Sen. Wafula, kindly take your seat. Hon. Senators, I will now proceed to propose the question. What is your point of order, the Senate Majority Leader?

[(Question proposed)]

Hon. Senators, the results of the Division are as follows -

Hon. Senators, let go to Division on the Public Service (Amendment) Bill (National Assembly Bills No.46 of 2022) . Let me now put the question. We are again voting electronically, so you log out first, and then as usual you check whether other cards have no owners, if not then, you log in again. Please login and proceed to vote. Homa Bay and Madera County delegations, to approach the Table f…

[(Values and Principles)]

Hon. Senators, the results of the Division are as follows-

(Question carried by 32 votes to Nil) (The Bill was read a Second Time and committed to a Committee of the Whole today, by Leave of the House) Serjeant-At-Arms kindly draw the Bar and open the Doors.

Hon. Senators, I want to reorganize the business on the Order Paper again. We shall proceed with Order No. 10. We shall skip Order Nos. 11 and 12.

Clauses 2, the Title and Clause 1

Mr. Temporary Chairman, Sir, pursuant to Standing Orders No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Care and Protection of Child Parents Bill (Senate Bills No. 29 of 2023) and seeks leave to sit again tomorrow. I request Sen. Korir to second. Sen. Korir seconded.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

[[The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Water (Amendment) Bill 2023 (National Assembly Bills No. 33 of 2023) and seeks leave to sit again tomorrow.

Mover?

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report and request the indefatigable bull fighter, Senator of Kakamega to second.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Proceed, the Chairperson, Sen. Wakili Sigei.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Care and Protection of the Child Parents Bill (Senate Bills No.29 of 2023) and seeks leave to sit again tomorrow. I thank you.

Proceed, Mover.

Mr. Temporary Speaker, Sir, I beg to move that the Senate do agree with the Committee of the Whole in this said report. I beg Sen. Korir to second. Sen. Korir seconded.

[(Question proposed)]

[(Question put and agreed to)]