Senate · Afternoon Sitting

Wednesday, 7 June 2023

Session Summary

Sen. Joe Nyutu criticised a colleague’s remarks that placed the responsibility on young girls to curb adolescent behavior, calling it a harmful message. The remainder of the sitting focused on procedural business, with several senators moving amendments to the Parliamentary Powers and Privileges (Amendment) Bill and arranging divisions on clauses. The Speaker facilitated the re‑ordering of business and noted limited debate on the proposed changes. The Senate afternoon sitting began with a commendation of athletes Faith Kipyegon and Ferdinand Omanyala, urging clean sport and greater support for athletes as national ambassadors. The bulk of the debate consisted of several senators seeking statements from standing committees on issues such as sand‑harvesting regulation, passport issuance corruption, accessibility of fistula and cancer treatment, land title deed allocation in Kitui, and unpaid dues to dairy farmers, interspersed with procedural cautions. Senators debated amendments to the natural resources Bill, highlighting transitional provisions to protect existing licensees and urging that counties and local communities receive fair benefit shares. The discussion also covered board composition, powers, tenure, and the need for clear criteria regarding convictions of board members, with calls for faster implementation and clearer procedures.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Serjeant-at-Arms, kindly proceed to ring the Quorum Bell for 10 minutes. Serjeant-at-Arms, I am informed we have the quorum now. So, you may stop ringing the Quorum Bell. Clerk, read the First Order.

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

[(The Quorum Bell was rung)]

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The Speaker (Hon. Kingi)

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, wish them a fruitful visit. Senate Majority Leader, take a minute to welcome the guests as you proceed to lay the papers.

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The Speaker (Hon. Kingi)

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, wish them a fruitful visit. Senate Majority Leader, take a minute to welcome the guests as you proceed to lay the papers.

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Sen. Cheruiyot

Mr. Speaker, Sir, I also want to join you in welcoming the students from Koriema Secondary School in Baringo County. I wish them a fruitful tour as they take a study of the Senate. I hope that they get to maximize their stay here, learn and interact with Members. I have not seen their Senator, Sen. Cheptumo. I was with him earlier today, but I guess he is held up elsewhere. Mr. Speaker, Sir, I do…

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Sen. Cheruiyot

Mr. Speaker, Sir, I also want to join you in welcoming the students from Koriema Secondary School in Baringo County. I wish them a fruitful tour as they take a study of the Senate. I hope that they get to maximize their stay here, learn and interact with Members. I have not seen their Senator, Sen. Cheptumo. I was with him earlier today, but I guess he is held up elsewhere. Mr. Speaker, Sir, I do…

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The Speaker (Hon. Kingi)

Next Order, Clerk.

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The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir. I confirm what Sen. Cheruiyot is saying about the meat from Koriema. Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on an issue of general topic of concern and national importance, namely; the exemplary performance by Kenyan athletes and smashing of the women’s 1,500 metres world record by Faith Kipyegon at the Wanda Diamond League 2…

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Sen. Cherarkey

athletes in the 1,500 metres race, breaking the world record which has been elusive and missing in her career. Mr. Speaker, Sir, Kipyegon’s journey to the top is like a fairy tale, having started with a sweep of the world under-18 and under-20 titles in 2011 and 2012, respectively and 17 Diamond League victories since her debut in the League in 2015. With her latest results, she has become the gr…

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Sen. Cherarkey

athletes in the 1,500 metres race, breaking the world record which has been elusive and missing in her career. Mr. Speaker, Sir, Kipyegon’s journey to the top is like a fairy tale, having started with a sweep of the world under-18 and under-20 titles in 2011 and 2012, respectively and 17 Diamond League victories since her debut in the League in 2015. With her latest results, she has become the gr…

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources on the regulation of sand harvesting in Kitui County. In the Statement, the Committee should-

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Sen. Tabitha Mutinda

Sen. Cherarkey, kindly consult in low tone so that we can hear the Senator.

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The Speaker (Hon. Kingi)

Sen. Cherarkey, kindly consult in low tone so that we can hear the Senator.

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Sen. Tabitha Mutinda

Thank you, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I have three Statements to make. I will start with the first one on challenges in passport issuance and claims of bribery. Mr. 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 challenges in passport issuance and claims of corruption in the Directorate of Imm…

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Sen. Kibwana

The second Statement is on accessibility and affordability of fistula care in Kenya. Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the actions being taken by the Ministry of Health to make fistula care more accessible and affordable in Kenya. In the Statement, the Committee should-

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Sen. Kibwana

The second Statement is on accessibility and affordability of fistula care in Kenya. Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the actions being taken by the Ministry of Health to make fistula care more accessible and affordable in Kenya. In the Statement, the Committee should-

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Sen. Kibwana

The last Statement regards actions to make cancer treatment accessible and affordable in Kenya. Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the actions being taken by the Ministry of Health to make cancer treatment accessible and affordable in Kenya. In the Statement, the committee should-

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The Speaker (Hon. Kingi)

The next Statement is by Sen. Beth Syengo. Sen. Wambua, are you holding brief for Sen. Beth Syengo?

[(Sen. Wambua stood in his place)]

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Sen. Wambua

Yes, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

Then read her Statement and proceed to read yours.

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Sen. Wambua

Thank you, Mr. Speaker, Sir. I will read Sen. Beth Syengo’s Statement and mine as well.

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Sen. Wambua

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding issuance of title deeds to the residents of Kitui County. Mr. Speaker, Sir, Sen. Maanzo and Sen. M. Kajwang’ are consulting in high tones.

[(Sen. Maanzo and Sen. M. Kajwang’ consulted loudly)]

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Sen. Wambua

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding issuance of title deeds to the residents of Kitui County. Mr. Speaker, Sir, Sen. Maanzo and Sen. M. Kajwang’ are consulting in high tones.

[(Sen. Maanzo and Sen. M. Kajwang’ consulted loudly)]

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The Speaker (Hon. Kingi)

Sen. Maanzo and Sen. M. Kajwang’, you are out of order. I am giving you the first caution.

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Sen. Wambua)

Thank you, Mr. Speaker, Sir. In the Statement, the Committee should -

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries; regarding the non-payment of dairy farmers’ dues by the New Kenya Co-operatives Creameries Ltd. (New-KCC) . In the Statement, the Committee should-

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Sen. Sifuna

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries; regarding the non-payment of dairy farmers’ dues by the New Kenya Co-operatives Creameries Ltd. (New-KCC) . In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (a) to make a Statement relating to a matter for which the Committee is responsible. I rise as the Chairperson of the Committee on Lands, Environment and Natural Resources to make my remarks on the World Environment Day, 2023. The World Environment Day is the largest global event celebrated by millions on June 5th. The event…

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Sen. Methu

Plastic pollution poses a significant threat to human health, sustainable development and the overall well-being of our society. However, it is not a challenge that cannot be overcome. To effectively combat plastic pollution in Kenya, a multifaceted approach that combines legislative measures, public awareness campaigns and sustainable practices is essential. Let us focus on the legislative aspec…

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Sen. Methu

Plastic pollution poses a significant threat to human health, sustainable development and the overall well-being of our society. However, it is not a challenge that cannot be overcome. To effectively combat plastic pollution in Kenya, a multifaceted approach that combines legislative measures, public awareness campaigns and sustainable practices is essential. Let us focus on the legislative aspec…

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I beg your indulgence to allow me a minute or two to support what the substantive Chairperson of the Committee that deals with climate change matters. It is with regards to the Statement on World Environment Day, 2023. As you know, you have granted me the opportunity to convene the climate change caucus within the Senate. It is one caucus that draws membership in a bipartisan man…

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Sen. M. Kajwang’

I would like to encourage us that even as we approach multilateralism and Conference of Parties (COP) under the Paris Agreement COP28 or COP29, we do not go as beggars with an inferior attitude or inferiority complex. I believe that is what the President has been calling out. That when we go for COPs and global climate meetings, we should not go as beggars, on our knees and with a begging bowl. T…

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Sen. M. Kajwang’

I would like to encourage us that even as we approach multilateralism and Conference of Parties (COP) under the Paris Agreement COP28 or COP29, we do not go as beggars with an inferior attitude or inferiority complex. I believe that is what the President has been calling out. That when we go for COPs and global climate meetings, we should not go as beggars, on our knees and with a begging bowl. T…

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Sen. Mungatana, MGH

Mr. Speaker, Sir, on a point of information.

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The Speaker (Hon. Kingi)

What is your point of information? Sen. M. Kajwang’ would you wish to be informed?

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Sen. M. Kajwang’

Yes, Mr. Speaker, Sir. I accept to be informed by Sen. Mungatana.

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Sen. Mungatana, MGH

Mr. Speaker, Sir, I would like to allay the fears of my colleague, Sen. M. Kajwang’. The President is not pulling us away from COP28. The President addressed this issue in the Climate Change Conference in Midrand, South Africa and the whole of Pan African Parliament (PAP) . There is a thinking among some African nations that they should not attend Paris and frustrate the meeting. This is the COP t…

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The Speaker (Hon. Kingi)

Sen. M. Kajwang’, kindly proceed to conclude your contribution.

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Sen. M. Kajwang’

Mr. Speaker, Sir, I appreciate that information from Sen. Mungatana. I conclude by saying that I could have many areas where I disagree with the President. However, when it comes to climate change and action our interest converges. This is an area where when called upon to undertake action and work together, we should approach in a bipartisan manner because it afflicts all of us irrespective of o…

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The Speaker (Hon. Kingi)

I had skipped a Statement by Senator for Murang’a. Sen. Joe Nyutu, proceed to request your Statement.

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Sen. Joe Nyutu

Mr. 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 safety and evacuation of Kenyans stranded in Sudan following the security situation in the country. In the Statement, the Committee should–

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The Speaker (Hon. Kingi)

Hon. Senators, before I call upon the Clerk to call the next Order, allow me to make this Communication. I would like to acknowledge the presence in the Public Gallery this afternoon of visiting teachers and students from Ngurweini Secondary School, Murang’a County. The group comprises one teacher and 154 students who are in the Senate for one-day academic exposition. Hon. Senators, in our tradi…

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Sen. Joe Nyutu

school with will not be their husbands. I normally advise them to concentrate on their studies. The boys do not like it when I say this, even though I say it many times. Mr. Speaker, Sir, as we appreciate our boys, we must tell our girls to take care because adolescence is a risky age. Without taking too much of Senate’s time, I welcome the boys and girls from Goroini Secondary School. I thank th…

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Sen. Joe Nyutu

school with will not be their husbands. I normally advise them to concentrate on their studies. The boys do not like it when I say this, even though I say it many times. Mr. Speaker, Sir, as we appreciate our boys, we must tell our girls to take care because adolescence is a risky age. Without taking too much of Senate’s time, I welcome the boys and girls from Goroini Secondary School. I thank th…

[(Laughter)]

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Sen. Crystal Asige

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The Speaker (Hon. Kingi)

Mr. Speaker, Sir, I welcome the students as well to the House. However, I feel as though the direction in which this advice to young female students is not going to the right place. Sen. Joe Nyutu says specifically to the girls that they should focus implying that it is our obligation as girls and as women to temper their adolescent wants and needs of young boys. Why does he not tell the boys, “H…

[(Laughter)]

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Sen. Crystal Asige

Mr. Speaker, Sir, I welcome the students as well to the House. However, I feel as though the direction in which this advice to young female students is not going to the right place. Sen. Joe Nyutu says specifically to the girls that they should focus implying that it is our obligation as girls and as women to temper their adolescent wants and needs of young boys. Why does he not tell the boys, “H…

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The Speaker (Hon. Kingi)

Valid concerns. Next order, Mr. Clerk. Hon. Senators, pursuant to Standing Order No.45 (2) at this juncture, allow me to rearrange the sequence of today’s business in the Order Paper to start with Order Nos.9, 10, 11 and then we resume as per the Order Paper. Clerk, kindly call the orders as rearranged.

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

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Sen. Wakili Sigei

The Chairperson (Sen. Kathuri): Division will be at the end Clause 4 The Chairperson (Sen. Kathuri): The Mover has an amendment to this Clause 4.

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Sen. Kathuri) :

Mr. Chairman, Sir. I beg to move- THAT Clause 4 of the Bill be amended–

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Sen. Wakili Sigei

Mr. Chairman, Sir, pursuant to Standing Order No.153, I beg to move that the Committee do report progress on its consideration of the

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Sen. Kathuri):

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Sen. Kathuri):

Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No.5 of 2022) and seek leave to sit again tomorrow.

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Sen. Kathuri):

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Sen. Kathuri):

Thank you, Mr. Chairman, Sir. I beg to move: - THAT clause 3 of the Bill be amended by—

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Sen. Wakili Sigei

Mr. Chairman, Sir. I beg to move- THAT Clause 4 of the Bill be amended–

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Sen. Wakili Sigei

Thank you, Chairman, Sir. I beg to move: - THAT the Bill be amended by inserting the following new clause immediately after Clause 3 – 3A. Section 16 of the principal Act is amended in paragraph (d) by deleting the expression “38” appearing immediately after the words “under section” and substituting therefore the expression “37”. Mr. Chairman, Sir, since this is a new introduction to the Bill, I …

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Sen. Kathuri) :

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Sen. Kathuri) :

Division will be at the end. Title and Clause 1 (Question, the Title and Clause 1 be part of the Bill proposed) Division will be at the end. (The Chairperson (

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Sen. Kathuri) consulted the Clerk-at-the-Table) The Chairperson (Sen. Kathuri) :

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Sen. Kathuri) consulted the Clerk-at-the-Table) The Chairperson (Sen. Kathuri) :

Mr. Chairperson, Sir, I beg to move: - THAT Clause 6 of the Bill be amended -

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Sen. Mungatana MGH

Mr. Chairman, Sir, pursuant to Standing Order No.153, I beg to move that the Committee do report progress on its consideration of the

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Sen. Mungatana MGH

Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No.5 of 2022) and seek leave to sit again tomorrow.

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Sen. Methu

Thank you, Mr. Chairman, Sir. I beg to move: - THAT clause 3 of the Bill be amended by—

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Sen. Methu

Sen. Tabitha Keroche was dropped) Clause 4 and Heading to Part II

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Sen. Methu

Mr. Chairman, Sir, I beg to move that THAT clause 4 of the Bill be amended by inserting the following new paragraph immediately after paragraph (f) —

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, I now invite the Chairperson to give the report.

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Wakili Sigei, you may proceed.

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Sen. Wakili Sigei

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No. 5 of 2022) and seeks leave to sit again tomorrow.

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The Temporary Speaker (Sen. Veronica Maina)

I now call upon the Mover Sen. Mungatana.

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Sen. Mungatana, MGH

Madam Temporary Speaker, I beg to move that the House do agree with the Committee in the said report. I request Sen. Thang’wa to second.

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Sen. Thangw’a

I second.

[(Question put and agreed to)]

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, I now call upon the Chairperson, Sen. Wakili Sigei to report on The Natural Resources (Benefit Sharing) Bill (Senate Bills No.6 of 2022) .

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Sen. Wakili Sigei

Madam Temporary Speaker, Sir, I wish to report that the Committee of the Whole has considered the Natural Resources (Benefit Sharing) Bill (Senate Bills No. 6 of 2022) and seeks a leave to sit again tomorrow.

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The Temporary Speaker (Sen. Veronica Maina)

I call upon the Mover of the Motion, Sen. Mungatana.

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Sen. Mungatana, MGH

Thank you, Hon. Madam Temporary Speaker. I beg to move that the House do agree with the Committee of the Whole on the said report subject to recommittal of New Clauses 5 (e) , (g) , (k) , and (b) I thank you

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Mungatana, can you invite a Seconder?

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Sen. Mungatana, MGH

Madam Temporary Speaker, I would like to invite the Hon. Senator for Kiambu County, Sen. Thang’wa, to Second;

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Sen. Thang’wa

Thank you, Madam Temporary Speaker. I do Second.

[(Question proposed)]

[(Question put and agreed to)]

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The Temporary Speaker (Sen. Veronica Maina)

Next Order.

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The Temporary Speaker (Sen. Veronica Maina)

We will defer the resumption of debate on that Bill as the Mover is not here.

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Sen. Madzayo

On a point of order, Madam Temporary Speaker.

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The Temporary Speaker (Sen. Veronica Maina)

What is your point of order Sen. Madzayo?

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The Temporary Speaker (Sen. Veronica Maina)

What is your comment, Sen. Methu?

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Sen. Methu

Madam Temporary Speaker, I did not stand to disagree with the provision of the Standing Order on the quorum of this House. However, in the same spirit, I am looking at the side of the Senate Minority from which the very distinguished Sen. Madzayo is a leader. He is the only one in the Chambers; just one person out of the many who are on that side. As we ring the Quorum Bell, it is also a challeng…

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The Temporary Speaker (Sen. Veronica Maina)

Sen. Methu, you are out of order because I was going to rule on the issue of quorum. Sen. Madzayo, please, resume your seat. I am dealing with it. Resume your seat. I am dealing with the proceedings. I want to deal with the question of quorum that has been raised under Standing Order No.41 (1) . It is confirmed that there is no quorum in the House. Serjeant-at-Arms, ring the Quorum Bell for 10 …

[(Sen. Madzayo stood up in his place)]

[(Sen. Madzayo resumed his seat)]

[(The Quorum Bell was rung)]

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, pursuant to Standing Order No. 41 (2) (a) , there being no quorum, the Senate stands adjourned until tomorrow, Thursday 8th June, 2023 at 2.30 p.m. The Senate rose at 5.59 p.m.