Senate · Afternoon Sitting

Clerk, confirm whether we have quorum. If we have quorum, then read the first Order.

[(Loud consultations)]

This Communication is on a visiting delegation from the Taita-Taveta County Assembly. Hon. Senators, I would like to acknowledge the presence in the Speaker's Gallery this afternoon, of a visiting delegation from the Taita-Taveta County Assembly. The delegation consists of members of the County Leadership and the Speaker's Panel who are undertaking a benchmarking visit to the Senate. Hon. Senato…

Thank you, Mr. Deputy Speaker, Sir. Let me join you in welcoming the delegation from Taita-Taveta County. These are members and staff of the Speaker's Panel of the great County Assembly of Taita-Taveta. They are on a learning tour in the Senate. I know they have taken this opportunity to learn as much as they can through discussions, observing and so on. Learning is a continuous lifelong process.…

Next Order. The Senate Majority Leader, do you have papers to lay or your generals can do that for you.

[(The Senate Majority Leader (Sen. Cheruiyot) spoke off record)]

Thank you, Mr. Deputy Speaker, Sir. On behalf of the Senate Majority Leader, I beg to lay the following Paper on the Table of the Senate today, Wednesday, 9th April, 2025.

There is an intervention from Sen. Sifuna Edwin. What is it about?

Mr. Deputy Speaker, Sir, allow me just a minute. When you were mentioning the names of the delegation from Taita-Taveta, I was very pleased to hear the name of Nancy Mgoi, who is sitting there. When I was appointed the Secretary General (SG) of the Orange Democratic Movement (ODM) in 2018---

What was the name, so that I can confirm?

Hon. Nancy Mgoi, that was her maiden name, I think she has---

She has now changed to Nancy Mwakio.

Yes, I wanted to speak about some of those developments in just one minute. I am extremely proud to hear that she is now an hon. Member, and she is in the Speaker’s Panel in Taita-Taveta. Back in 2018, when I was appointed SG of ODM, she was the receptionist at our party headquarters. Therefore, I am very happy that the mentorship school in ODM is working and producing leaders. I encourage her to …

Let us move on to the next Order. Statements under Standing Order No.53 (1) , Sen. Esther Okenyuri, proceed.

Thank you, Mr. Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Education regarding the termination of funding for the postgraduate scholarship programme by the National Research Fund and the German Academic Exchange Service for Kenyan students in Germany. In the Statement, the Committee should address the following-

Sen. (Prof.) Tom Ojienda, proceed. The statement is dropped.

[(Sen. Cheruiyot spoke off record)]

Yes, thank you, Mr. Deputy Speaker, Sir.

Read the statement.

Mr. Deputy Speaker, Sir, I am reading this on behalf of Sen. Raphael Chimera. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding the cancellation of 171 vacancies that had been declared by the Judicial Service Commission (JSC) . In November, 2024, the JSC advertised 171 vacancies, including 60 positions …

Sen. Mohammed Faki, you are on intervention, what is it?

Mr. Deputy Speaker, Sir, I have a point of clarification if you allow me. May I proceed? Last week, there was a request for a statement that was made in this House regarding the Technical University of Kenya (TUK) . Members contributed to that statement and my brother, the Senator for Tana River, Sen. Mungatana, made a contribution. In his contribution, he referred to the Technical University of …

So, what are you seeking?

My brother, Sen. Mungatana, should clarify that the reference was in regard to the Technical University of Kenya, which is located in Nairobi. The Technical

University of Mombasa is functioning well. They have no pending bills and students are going on with their studies without any problem. Thank you, Mr. Deputy Speaker, Sir.

I do not understand. Does he want Sen. Mungatana to expunge that statement from the HANSARD? What are you seeking to do? When Sen. Faki approached me, I asked him whether he had canvassed that matter with Sen. Mungatana. Sen. Faki, Sen. Mungatana has nothing to say on that issue you have raised. I can see that he has nothing to add or subtract. Let us proceed with other business. Sen. Mutinda, r…

Thank you, Mr. Deputy Speaker, Sir. Allow me to read a statement for Sen. Hamida on the state of the local textile industry and the participation of the youth. I rise pursuant to Standing Order No.53 (1) seeking a statement from the Standing Committee on Trade, Industrialization and Tourism regarding the state of Kenya’s local textile industry; noting that Kenya is now the largest importer of the…

I can see a few Senators want to make comments on the statements. Proceed, Sen. Cherarkey.

Thank you, Mr. Deputy Speaker, Sir. I will comment on a few statements. The statement by Sen. Esther Okenyuri on the suspension of academic programmes to the students who are currently in Germany. Many Kenyans do not know that the Ministry of Education normally gives out scholarships. I want to ask the Committee on Education, chaired by Sen. Montet, to go further and tell us who the beneficiaries …

[(Sen. Miraj consulted loudly)]

[(Laughter)]

I want to challenge the JSC to rise up and fight corruption within and outside the judiciary, so that Kenyans can access justice wherever they are. I respectfully submit and support all these statements. I thank you.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the statement by Sen. Esther Okenyuri. I also wish to inform my colleague, Sen. Cherarkey, that the Committee on Education is currently in the process of auditing the counties on the bursaries that are being paid outside this country. For the information he has given, I can assure him that we will include that. The Ministry of Education should…

Next Order.

Hon. Senators, you must know the traditions of the House. When we get to the Committee of the Whole and the Chair stands up, you must bow. These are little things that are very necessary.

[[The Deputy Speaker (Sen. Kathuri) left the Chair]]

Serjeant-at-Arms, you may now close the door. There is a Member who is trying to enter the Chamber. Allow him to come in.

(Sen. Wafula and Sen. Cherarkey approached the Dispatch Box and voted) The Temporary Chairperson (Sen. Wakili Sigei): Order, hon. Senators. We are now proceeding to the second Division on the same Bill, now dealing with New Clauses. I will, therefore, proceed to put the question.

Order, hon. Senators. We are now proceeding to the second Division on the same Bill, now dealing with New Clauses. I will, therefore, proceed to put the question.

Sen. Tabitha Mutinda and Sen. Cherarkey, are you using your phones in the Chamber or it is the Senate Majority Leader? Hon. Members, let us respect the House. Whoever is playing loud music on their gadgets in the House, please stop.

Sen. Faki, please approach the Clerks-at-the-Table. Hon. Senators, we will proceed to division on new clauses of the County Assemblies Pensions Scheme Bill. These are New Clause 46A and New Clause 46B. I will put the question, which is that New Clause 46A and New Clause 46B be now read a Second Time. Hon. Members, let us proceed to vote. Sen. Juma Boy, please, approach the Clerks-at-the-Table …

[(Sen. Faki walked to the Clerks’ Table and registered his vote)]

[(Hon. Senators proceeded to vote)]

[(Several Senators approached the Clerks’ Table and registered their votes)]

[(Hon. Senators proceeded to vote)]

[(Several Senators approached the Clerks’ Table and registered their votes)]

[(Hon. Senators proceeded to vote)]

[(Sen. Dullo approached the Clerks’ Table and registered her vote)]

Hon. Senators, I will proceed to the next division on all clauses. I will now put the Question, that Clauses 3, 2, The Title and Clause 1 be part of the Bill Hon. Members proceed to vote on all clauses. Sen. Seki and Sen. Wamatinga, let us be orderly. Take your seats and vote. You have under ten seconds to vote.

[(Hon. Senators proceeded to vote)]

[(Sen. Seki and Sen. Wamatinga consulted loudly)]

[(Voting in progress)]

Hon. Members, I will now announce the results of the votes of the six divisions that we have done.

AYES: Sen. Abass, Wajir County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka-Nithi County; Sen. Kathuri, Meru County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang’, Elge…

AYES: Sen. Abass, Wajir County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka-Nithi County; Sen. Kathuri, Meru County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang’, Elge…

Title (as amended), 50, 51, the Title (as amended) and Clause 1, put and the Senateproceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Boy, Kwale County, Sen. Cherarkey, Nandi County, Sen. Cheruiyot, Kericho County, Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka-Nithi County…

Gicheru, Migori County; Sen. Onyonka, Kisii County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wakoli, Bungoma County; and, Sen. Wakili Sigei, Bomet County; The Temporary Chairperson (Sen. Wakili Sigei): Hon. Senators, the results of the Division are as follows: -

Gicheru, Migori County; Sen. Onyonka, Kisii County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wakoli, Bungoma County; and, Sen. Wakili Sigei, Bomet County;The Temporary Chairperson (

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

AYES: Sen. Abass, Wajir County; Sen. Boy, Kwale County, Sen. Cherarkey, Nandi County, Sen. Cheruiyot, Kericho County, Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Haji, Garissa County; Sen. Kathuri, Meru County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega…

Onyonka, Kisii County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wakoli, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I am completely undone and overwhelmed with gratitude for the help, energy and support that you, as well as colleagues, and especially the Secretariat of this House, have given this Bill. Perhaps, Mr. Temporary Chairman, Sir, you will consider allowing me to bring my live band to the Senate, one day, for an evening of live music, to extend my gratitude. The Temporary…

Thank you, Mr. Temporary Chairman, Sir. I beg to move that the Committee do report to the Senate its consideration of the Energy (Amendment) Bill (Senate Bills No.42 of 2023) and its approval thereof without amendments.

[(Question proposed)]

[(Question put and agreed to)]

Thank you, Mr. Temporary Chairman, Sir. As I rise to do so, may I just take a moment to express my gratitude to this House for the support that they have given the disability community by helping to pass this Bill.

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Assembly Pension Scheme Bill (Senate Bills No. 14 of 2024) , and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the Land (Amendment) Bill (National Assembly Bills No.40 of 2022) , and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the National Assembly Amendments to the Persons with Disabilities Bill (Senate Bills No.7 of 2023) , and its approval thereof. I thank you.

[(Question proposed)]

[(Question put and agreed to)]

Hon. Senators, we are now reporting on the Bills. We will start with the Energy (Amendment) Bill (Senate Bills No.42 of 2023) Chairperson, you may proceed.

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Assembly Pension Scheme Bill (Senate Bills No. 14 of 2024) , and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I beg to move that putting of the question on the Third Reading of the Bill be deferred to tomorrow.

Mover, Sen. Sifuna, you may proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Energy (Amendment) Bill (Senate Bills No.42 of 2023) and its approval thereof without amendments.

Mover, just remove the words “Third Reading”

Very well, Mr. Deputy Speaker, Sir. I beg to move that the Energy (Amendment) Bill (Senate Bills No.42 of 2023) be now read a Third Time. I would like to request Sen. Crystal Asige to second.

Mr. Deputy Speaker, Sir, I second it as moved.

[(Question proposed)]

Hon. Senators, I can see that there is no Member interested in contributing to this. I will ask the Mover to reply.

Mr. Deputy Speaker, Sir, I beg to move that the putting of the question on the Third Reading of the Bill be deferred to tomorrow pursuant to Standing Order No.66 (3) .

Mover, Sen. Sifuna, you may proceed.

Chairperson, Sen. Wakili Sigei, you may proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the National Assembly Amendments to the Persons with Disabilities Bill (Senate Bills No.7 of 2023) and its approval thereof with amendments.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee of the Whole on the said report. I ask Sen. Eddy Oketch to second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Hon. Senators, having considered and approved the National Assembly Amendments to the Persons with Disabilities Bill (Senate Bills No.7 of 2023) , there will be no Third Reading. The Bill will be referred to His Excellency the President for assent.

[(Applause)]

Chairperson, Sen. Wakili Sigei, you may proceed.

Hon. Deputy Speaker, I beg to move that the House do agree with the Committee of the Whole in the said report. I ask Sen. Wamatinga to second.

Mr. Deputy Speaker, Sir, I second.

[(Loud consultations)]

Hon. Senators, having considered and approved the National Assembly Amendments to the Persons with Disabilities Bill (Senate Bills No.7 of 2023) , there will be no Third Reading. The Bill will be referred to His Excellency the President for assent.

[(Applause)]

Pursuant to Standing Order No.66 (3) , I request that the putting of the question be deferred to a later date.

Very well.

[(Putting of the Question on the Third Reading of the Bill deferred)]

Hon. Deputy Speaker, I beg to move that the House do agree with the Committee of the Whole in the said report. I ask Sen. Wamatinga to second.

We are now on consideration of the County Assembly Services (Amendment) Bill (Senate Bills No.34 of 2023) .

[(Sen. Gataya Mo Fire and Sen. (Dr.) Khalwale consulted with Sen. Wakili Sigei)]

[(Loud consultations)]

Hon. Senators, we have not suspended the rules of the House. Sen. Mo Fire and your colleague, Sen. Gloria.

[(Question proposed)]

[(Question put and agreed to)]

Hon. Deputy Speaker, I beg to move that the County Public Finance Laws (Amendment) Bill (Senate Bill No.39 of 2023) , be now read a Third Time. I ask Sen. Wamatinga to second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

Pursuant to Standing Order No.66 (3) , I request that the putting of the question be deferred to a later date.

Very well.

[(Putting of the Question on the Third Reading of the Bill deferred)]

We are now on consideration of the County Assembly Services (Amendment) Bill (Senate Bills No.34 of 2023) .

[(Sen. Gataya Mo Fire and Sen. (Dr.) Khalwale consulted with Sen. Wakili Sigei)]

We are now on consideration of the County Assemblies Pensions Scheme Bill (Senate Bill No.14 of 2023) . Chairperson, proceed.

Hon. Deputy Speaker, I beg to move that the House do agree with the Committee of the Whole on the said report. I ask Sen. Lomenen to second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Hon. Deputy Speaker, I beg to move that the County Assembly Services (Amendment) Bill (Senate Bills No.34 of 2023) be now read a Third Time. I ask Sen. Gloria to second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

Hon. Deputy Speaker, pursuant to Standing Order No.66 (3) , I request that the putting of the question be deferred to a later date.

That is accepted.

[(Putting of the Question on the Third Reading of the Bill deferred)]

We are now on consideration of the County Assemblies Pensions Scheme Bill (Senate Bill No.14 of 2023) . Chairperson, proceed.

Hon. Deputy Speaker, I beg to report that the Committee of the Whole has considered the Land (Amendment) Bill (National Assembly Bills No.40 of 2022) and its approval thereof with amendments.

Hon. Deputy Speaker, I beg to move that the Senate do agree with the Committee of the Whole on the said report. I ask Sen. (Prof.) Margaret Kamar to second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Hon. Deputy Speaker, I beg to move that the County Assembly's Pensions Scheme Bill (Senate Bill No.14 of 2024) be now read a Third Time. I ask Sen. Ledama Olekina to second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

Hon. Deputy Speaker, pursuant to Standing Order No.66 (3) , I request that the putting of the question be deferred to a later date.

[(Putting of the Question on the Third Reading of the Bill deferred)]

That is okay.

[(Putting of the Question on the Third Reading of the Bill deferred)]

Hon. Deputy Speaker, I beg to report that the Committee of the Whole has considered the Land (Amendment) Bill (National Assembly Bills No.40 of 2022) and its approval thereof with amendments.

Hon. Deputy Speaker, I beg to move that the Senate do agree with the Committee of the Whole on the said report. I ask Sen. (Prof.) Margaret Kamar to second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

That is the end of that business. Sen. Veronica Maina, kindly approach the Chair. Clerk, let us go to the next Order.

[(Sen. Veronica Maina consulted with the Deputy Speaker)]

Hon. Deputy Speaker, pursuant to Standing Order No.66 (3) , I request that the putting of the question be deferred to a later date.

That is okay.

[(Putting of the Question on the Third Reading of the Bill deferred)]

Mr. Deputy Speaker, I would like to make a few observations on this Petition. First of all, I would like to thank Mr. Laban Omusundi because what he raised is very important. From the outset, I would like to say that I am the midwife of the Office of the County Attorney Act of 2020. I remember Ms. Kavata here was my committee clerk then when I used to chair the powerful Committee on Justice, Lega…

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the National Disaster Risk Management Bill and seeks leave to sit again tomorrow.

[(National Bills No.24 of 2023)]

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request Sen. Danson Mungatana to second.

In the last audit that came here, they paid Kshs34 million as legal fees, but no one knows the law firms or courts cases that Nandi County Government had. That is a way of siphoning money by Governor Sang. Where does the Kshs34 million go? This is the report of the Auditor-General. There are no law firms and number of cases given to justify the payment of Kshs34 million by the Nandi County Governm…

[[The Deputy Speaker (Sen. Kathuri) left the Chair] [The Temporary Speaker (Sen. Veronica Maina) in the Chair]]

Second Reading