Senate · Afternoon Sitting

Clerk, do we have a quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Hon. Senators, we now have a quorum. Kindly take your seats so that we get down to the business. Sen. Osotsi, kindly take your seat. Clerk, you may proceed to call the first Order.

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

[(The Quorum Bell was rung)]

[(Several Senators entered the Chamber)]

Hon. Senators, I have a Communication to make concerning the status of the multimedia digital congress system and the broadcasting equipment in the Senate.

As hon. Senators may be aware, in the recent past, the multimedia digital congress system has malfunctioned, most notably when undertaking Divisions. This has necessitated frequent system rebooting to ensure that Plenary proceedings continue with limited interruptions. Likewise, the broadcasting equipment in the Senate has on several occasions malfunctioned, resulting in intermittent transmission …

Senator for Nyandarua County, this is for you. Be keen as I am delivering this Communication. “Except as otherwise provided in the Constitution, any question proposed for decision in either House of Parliament shall be determined by a majority of Members in that House present and voting”. The above provision indicates that the voting process is an important component of proceedings, which serves …

What is your point of clarification, Senator for Meru County?

Thank you, Mr. Speaker, Sir, for your Communication and guidance. I also want to thank you and the management of the National Assembly for facilitating journalists and media houses to access Parliament. Yesterday, a list was released for the staff from mainstream media houses to access Parliament but, unfortunately, the local vernacular stations and media houses were left out. Mr. Speaker, Sir, …

Mr. Speaker, Sir, with a lot of humility, maybe the management can reconsider and allow them too. There are only 17. The others who have been around are 70. These 17 stations can support the Senate in communicating to our people in mashinani.

Thank you, Senator for Meru County. Your point of clarification has got nothing to do with the Communication that I have made. However, it is valid. It is a matter that squarely falls in the arms of the PSC. I will take it up with the PSC to see to it that the vernacular FM stations are accorded the same treatment as the mainstream media. I will endeavor to get this to the rightful table; the PSC…

Thank you, Mr. Speaker, Sir, for the direction you have just given on the matter raised by our Deputy Speaker. As an addendum, it would be great if you can also give direction on how to correct this across all the 47 counties, in all the different languages because, of course, we have many languages. It would be a shame if we only consider 17, when there might be other stations that are smaller, …

Very well, Sen. Crystal Asige. I believe the Parliamentary Service Commission (PSC) , in its wisdom, will handle that matter. I have further Communication to make, hon. Senators.

(Starehe Boys Centre students remained standing in the Speaker’s Gallery) You may be seated. 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 and my own behalf, I wish them a fruitful time for learning.

Asante Bw. Spika. Kwa niaba ya Bunge la Seneti na Maseneta watatu kutoka Gatuzi za Pwani, tukiongozwa na Sen. Faki, ningependa kuwakaribisha kaka zangu, MCAs waliochaguliwa kutoka Jimbo la Mombasa; Bw. Anza Fresh kutoka Old Town na Bw. Patrick Mbelle kutoka Bamburi Ward. Ningependa hii iwe ni ufunguzi wa kuwaleta wale MCAs wengine ili waje washuhudie yale ambayo tunayatendea kazi hapa katika Bung…

Mr. Speaker, Sir, it is always a pleasure to welcome students from Starehe Boys' Centre. As I have said previously, this is an Institution whose reputation actually goes without saying. The Director, Josphat Mwaura, continues to do a good job. I was very happy and proud that just last week, one of the more prominent alumni of Starehe Boys' Centre was actually nominated by my party, the Orange Dem…

Mr. Speaker, Sir, I know you told me to limit myself to Starehe Boys Centre, but also, these young ladies from Keveye Girls need to know that I went to Musingu High School and we were very close friends during the time that I was there.

[(Applause)]

Thank you, Mr. Speaker, Sir, for this opportunity to welcome the students from Keveye Girls High School, which is one of the big girls’ schools in my county, Vihiga County. Just to stress for the interest of Sen. (Dr.) Khalwale and Sen. Sifuna, Keveye Girls High School is one kilometer away from the school where I went to, the famous Chavakali High School. We were closer to Keveye Girls in those …

[(Applause)]

Let us go to the next Order. The Senate Majority Leader, proceed.

Chairperson, Standing Committee on National Security, Defence and Foreign Relations, you may proceed. Where is the Chairperson Standing Committee on National Security, Defence and Foreign Relations? You have already laid both Papers. Okay. Proceed, Chairperson Standing Committee on Lands, Environment and Natural Resources.

[(Sen. Cheruiyot spoke off record)]

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, the 7th August, 2024 – Report of the Standing Committee on Lands, Environment, and Natural Resources on its consideration of the Wildlife Conservation and Management (Amendments) Bill, (Senate Bills No.46 of 2023) .

Next Order.

Thank you, 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 pending bills owed to contractors by Bungoma County Government from the year 2013 to date. In the Statement, the Committee should-

Sen. Alan Chesang’? Those two Statements are dropped.

Thank you very much, Mr. Speaker, Sir. I stand pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding stalled infrastructure projects in the County of Bomet. Several incomplete and abandoned health infrastructure projects in Bomet County represent a significant waste of public resources and have deprived the residents of Bomet of the health servic…

The Petition highlighted various grievances faced by the teachers in the county, such as salaries, prolonged service without confirmation, non-payment or underpayment of salaries, and lack of professional development opportunities. This Petition led to the summoning of the governor by the Education Committee of the Senate and the Petition is currently pending before the committee. The petitioner …

Proceed, Sen. Beth Syengo.

Thank you, Mr. Speaker, Sir. I rise to request for a Statement on the delayed capitation to Early Childhood Development and Education (ECDE) institutions in Nairobi City County. Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Education regarding the delay in disbursement of capitation funds to Early Childhood Development Education (…

Sen. Chesang, having explained yourself to the satisfaction of the Chair, you may proceed to request for your Statements.

Thank you, 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 anomalies in the payroll for both contracted staff and those on permanent and pensionable terms, serving the County Executive of Trans Nzoia County Government. In the Statement, the Committee should-

Proceed.

Mr. Speaker, Sir, I rise, first of all, under Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Finance and Budget, regarding payment of County Executive of Trans Nzoia, for settlement of court judgements and decrees. In the Statement, the Committee should –

Sen. Nyamu, having explained your absence to the satisfaction of the Chair, your matter is reinstated. You may now proceed to read your Statement.

Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon of visiting teachers and students from Mogoma Secondary School in Bomet County. The delegation comprises six teachers and 68 students who are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to…

Thank you, Madam Temporary Speaker. I take this opportunity to welcome these students from Mogoma School, my neighbouring County of Bomet. Sen. Wakili Sigei was here earlier. He must be somewhere within the precincts of Parliament.

I hope they have a full value for the time that they have taken to come and learn one or two things from operations here in the Senate. I wish them well in their endeavours. Work hard in school so that you can be trailblazers and leaders in all the spheres of society, from the political to all aspects that you can imagine you want to be in future. I wish these students well. Thank you.

Thank you, Majority Leader. I will now reorganise the Order Paper and defer Order Nos.8 and No.9.

Hon. Senators, I now want to put the question with respect to the joint reports of the Senate Standing Committee on Health and the National Assembly Departmental Committee on Health on the approval of Dr. Patrick Omwanda Amoth, EBS, for appointment as the Director General for Health. Next Order.

[(Question put and agreed to)]

Point of order, Madam Temporary Speaker, Sir.

What is your point of order, Senator?

Madam Temporary Speaker, thank you for the Communication. However, I do not know whether you observed the way the hon. Senator for Bungoma was roaming all over the House, while you were making the Communication. It is really demeaning for him to be moving about. First of all, he does not respect you, neither does he respect Dr. Amoth or the broad-based spirit in this House.

[(Laughter)]

If the Senator for Bungoma did that, he is lucky to have escaped my eye. Therefore, he will not be reprimanded because I did not see him. I would hope that the Senator for Bungoma does respect the broad-based Government, the Chair and Dr. Amoth. Next Order. I want to invite Sen. Tabitha Mutinda on behalf of the Chairperson Standing Committee on Finance and Budget to move the Motion.

Sen. (Dr.) Khalwale, kindly approach the Chair.

[(Sen. (Dr.) Khalwale consulted with the Temporary Speaker)]

Hon. Senators, kindly resume your seats. From the consultations we have had with the Mover of the Motion, we will defer further debate on this Order to the next sitting. You will remember that, yesterday, a point of order was raised concerning this Report. The Chair directed the secretariat to provide a complete report with all the annexures that Members had indicated were missing. They have now …

Clerk, call the next Order.

Hon. Members, when the debate on this Motion was interrupted, Sen. Omogeni was on the Floor and he had a balance of five minutes to conclude on his contribution to the Motion. He is not in the House now. So if there is any other Member who is interested in contributing to this Motion on the Select Committee on County Public Accounts (CPAC) on its consideration of the Report of the Auditor General…

West Pokot County Assembly for the Financial Year 2018/2019 and Reports of the Auditor General on the financial statements of Isiolo, Kiambu, Kitui, Marsabit, Narok, Nyamira, Trans Nzoia, West Pokot and Murang’a County Assemblies for the Financial Year 2019/2020. The Motion is now open for debate. Members who are interested in contributing may put in their request, so that they can speak to it.

Mr. Temporary Speaker, Sir, I have put in my request. May I address or is it not showing?

Senator, proceed to make your contributions to this Motion.

Mr. Temporary Speaker, Sir, I will be brief. First of all, I thank the Select Committees for the work and effort they have put although the reports are still postmortem. I saw the Chairperson here. I urge them to do more so that these reports are up to date. Mr. Temporary Speaker, Sir, if we are debating reports of the Committee covering the financial years 2018/2019 and 2019/2020 at this time in…

investigating agencies. Why should we put the EACC there to earn allowances and yet, the DCI and the DPP do not sit in the PAC? Their mandates are very clear, that, if there is a complaint or an issue, you are supposed to make a formal request, they act upon it and then forward the file to the DPP for further action. There is no justification of the DCI sitting in the PAC. That is why they do not…

Did you hear, Mr. Temporary Speaker, Sir? The Temporary Chairperson : I am asking if I heard you say that stealing a goat worth Kshs7,000 or 8,000 is nothing as compared to stealing Kshs2 million from the county government?

[(Sen. Wakili Sigei)]

Did you hear, Mr. Temporary Speaker, Sir? The Temporary Chairperson (

also persecuted. For us to develop this nation, to push it one step ahead, we must change this culture. We must put more strict laws and arrest people. We must return the fear back into public service. If you are working in these county assemblies and you have misappropriated funds, people must see you recording a statement with the DCI and answering charges. This does not happen in this country …

Absolutely, Mr. Temporary Speaker, Sir. If these gentlemen had not distracted you, the fundamental point I was making is that we have created a culture. The underlying statement was that stealing a goat worth Kshs7,000 is punished seriously. The Directorate of Criminal Investigations (DCI) investigates it, they take it to the magistrate and the thieves are punished. However, when you steal million…

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity. This is a very important Bill because it seeks to look at the welfare of teachers at the Early Childhood Education and Development (ECDE) level. We propose to amend a number of sections of the Act to ensure that we take care of the welfare of teachers at the ECDE level. One of those problems that we are facing at the level of …

Sen. Oketch Gicheru, just for your attention, you need first move that the Bill be read a Second Time before you embark on your notes.

Resume your seat, Sen. Oketch Gicheru. Ask somebody to second.

Mr. Temporary Speaker, Sir, I was just highlighting some elements of the Bill that are very important. I would then ask my friend to second it for me after moving. The current state of affairs is that the wages that the teachers in the early childhood section of our counties are earning is enough to take care of their lifestyle. There is need to consider things like inflation, minimum wage, cost …

Proceed, Sen. Olekina.

Mr. Temporary Speaker, Sir, I beg to move that the Early Childhood Education (Amendment) Bill (Senate Bills No.54 of 2023) , be read now a Second Time. Mr. Temporary Speaker, Sir, ---

Mr. Temporary Speaker, Sir, I second.

Bw. Spika wa Muda, kwa ufupi sana, naunga mkono Mswada huu wa sheria mpya inayosimamia walimu katika shule za chekechea. Hivi majuzi, watu kadhaa waliajiriwa kazi katika Kaunti ya Tana River. Watu walifurahia kwa sababu watu wengi hawana kazi lakini mishahara ya hao walimu waliopata hizo kazi na kufurahia iko chini sana. Sheria hii tunayoileta leo itasaidia walimu wale kupata mishahara inayofaa za…

[(Applause)]

Thank you, Mr. Temporary Speaker, Sir. I rise to second the Early Childhood Education (Amendment) Bill (Senate Bills No.54 of 2023) . This is a very simple amendment that my colleague is bringing, which is important for me to highlight. My colleague is adding a provision to the existing Act, Section 31 (f) . He is adding Section 31 (f) (a) , which essentially takes care of the recommended measure…

Thank you very much. Putting of the question on this Bill is hereby deferred to the next sitting, pursuant to Standing Order No.66 (3) of the Standing Orders of this honourable House.

[(Putting of the question on Bill deferred)]

Bw. Spika wa Muda, kwa ufupi sana, naunga mkono Mswada huu wa sheria mpya inayosimamia walimu katika shule za chekechea. Hivi majuzi, watu kadhaa waliajiriwa kazi katika Kaunti ya Tana River. Watu walifurahia kwa sababu watu wengi hawana kazi lakini mishahara ya hao walimu waliopata hizo kazi na kufurahia iko chini sana. Sheria hii tunayoileta leo itasaidia walimu wale kupata mishahara inayofaa za…

[(Applause)]

Thank you, Sen. Mungatana. I have no other Member interested in making contributions to this Bill. In the absence of any other Member, I call Sen. Oketch Gicheru to reply.

Mr. Temporary Speaker, Sir, I believe this is one of the most important Bills that we will pass this year. I thank Sen. Olekina for standing very strongly with the ECD teachers to make sure that they will have proper scheme of service and more salary increase to them. I also thank Sen. Mungatana for standing with the ECD teachers to ensure that through this Bill, they will have better life, pay an…

Thank you very much. Putting of the question on this Bill is hereby deferred to the next sitting, pursuant to Standing Order No.66 (3) of the Standing Orders of this honourable House.

[(Putting of the question on Bill deferred)]

Hon. Members, we will defer Order Nos.14 to 24 to the next sitting of the House.

Hon. Senators, it is now 6.30