Senate · Afternoon Sitting

Clerk, can you confirm whether we have the requisite quorum? I request we ring the Bell for 10 minutes. There is no problem. We can stop it midway. Serjearnt-at-Arms, we have quorum. Kindly stop the Bell. Clerk, read out the first Order.

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

I request each officer to stand when called out, so that you may be acknowledged in the Senate tradition.

[(Applause)]

Yes, Mr. Deputy Speaker, Sir.

Okay, proceed and welcome your voters.

Thank you, Mr. Deputy Speaker, Sir. On behalf of the Senate and myself, I take this opportunity to welcome the pupils from Katalel Primary School in Elgeyo Marakwet County, Keiyo North Constituency. Welcome to the Senate. This is where your parents and your teachers brought me on the 5th of January, 2023 to represent you as your Senator. It is important to be disciplined as students, work hard, r…

Pongezi and as you go back to Elgeyo Marakwet County, we pray that you have journey mercies. Safe journey back home; when I get an opportunity, I will see you outside there. I thank you and may God bless you.

Thank you. I understand that the Chairperson of the Senate Standing Committee on Justice, Legal Affairs and Human Rights has a report on a Petition. Next Order

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

There is a Paper to be laid by a Member of the Senate Standing Committee on Powers and Privileges. Okay, fine. It is not ready. Next Order.

[(An hon. Senator spoke off record)]

Mr. Deputy 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 reported attempts by a private developer to grab the land occupied by Kimathi Primary School in Kamukunji Constituency, which has been under the management of the defunct Nairobi City Council and, subsequently, the Nairobi City County Go…

The next Statement is by Sen. Mwaruma.

Mr. Deputy 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 reported attempts by a private developer to grab the land occupied by Kimathi Primary School in Kamukunji Constituency, which has been under the management of the defunct Nairobi City Council and, subsequently, the Nairobi City County Go…

The second Statement is on the rationale for instituting mandatory National Social Security Fund (NSSF) deductions on members of various superannuation schemes. Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare concerning the rationale for instituting mandatory NSSF deductions on employees who are alre…

Mr. Deputy Speaker, Sir, I have two Statements. The first one is on transfer of land ownership under Voi Point Limited to the local community in Mkamenyi Village. Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to request for a Statement from the Standing Committee on Land, Environment and Natural Resources regarding transfer of land under Voi Point Limited to the local commu…

The second Statement is on the rationale for instituting mandatory National Social Security Fund (NSSF) deductions on members of various superannuation schemes. Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare concerning the rationale for instituting mandatory NSSF deductions on employees who are alre…

The next Statement is by the Senator for Nandi, Sen. Cherarkey.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Finance and Budget regarding high interest charged on loans offered by Momentum Credit Company Limited. Mr. Deputy Speaker, Sir, could I be protected from Sen. Wambua? In the Statement, the Committee should-

[(Sen. Wambua spoke off record)]

The next Statement is by Sen. Chimera.

Mr. Deputy 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 payment of Imams in Kenya. In the Statement, the Committee should-

Before we clear with Statements under Standing Order No.53 (1) , I will allow at least two Senators to make comments on those Statements. Sen. Osotsi, proceed.

Mr. Deputy Speaker, Sir, I wish to comment on the timely Statement by Sen. Mwaruma on the issue of double contributions to various retirement benefit schemes. This is a serious issue because employees contribute to the NSSF and at the same time they are contributing to other schemes like the Public Service Pension Scheme, the LAPFUND and the LAPTRUST This is a matter of concern because in my Coun…

These are serious issues that our Committee has been dealing with. I am happy to announce to the House that on Friday we managed to partner with the National Treasury. We will be having a very serious engagement with all the stakeholders in the Pensions Sector. That includes the Council of Governors (CoG), the Retirement Benefits Authority (RBA), Inter-Governmental Relations Technical Committee (I…

You know, there are many requests. I do not know whether they are under Standing Order No. 53 (1) . Sen. Onyonka? You see now? Proceed, Sen. (Dr) Oburu.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity. I want to comment on the Statement sought by my friend and neighbour, Sen. Cherarkey, on the Microfinance institutions. Microfinance institutions used not to take deposits. When eventually Parliament saw it fit to introduce a Bill to allow microfinance companies to take deposits, it was it was agreed that regional microfinance institutions w…

thought of ways and means of controlling these institutions, so that Kenyans can benefit. So many Kenyans are going bankrupt because of this overcharging of interest. It is a very good Statement and I support it. Let the Committee do a good job.

Thank you for also summarizing in a very nice way all the Statements under Standing Order No. 53 (1) . Now let us go to Statements Standing Order No. 56 (1) . Chairperson of Delegated Legislation, you have a Committee report.

The Senate Minority Whip and the Senate Minority Leader, give Sen. Kavindu Muthama the opportunity she is seeking. She is almost done.

Thank you, Mr. Deputy Speaker, Sir, for this opportunity. Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (a) to make a Statement on the activities of the Ad hoc Committee on the Compensation of the Kenyan Victims of the 1998 Bombing of the United States of America (USA) Embassy in Nairobi, for the period commencing 29th June, 2023 to Monday, 7th August, 2023. Within this bri…

[(Loud Consultations)]

The Senate Minority Whip and the Senate Minority Leader, give Sen. Kavindu Muthama the opportunity she is seeking. She is almost done.

Thank you, Mr. Deputy Speaker, Sir. The Committee in the near future plans to-

The current membership includes-

Thank you, Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No. 52 (1) to seek a Statement on the Public Service Superannuation Scheme Act 2012--- I wish the Chairperson of the Committee on Labour and Social Services can listen to this. I rise pursuant to Standing Order No. 52 (1) to make a Statement on a matter of general topical concern, namely, the Public Service Superannuation Sche…

[(Sen. Murgor consulted loudly)]

The current membership includes-

It is important to note that young adolescent girls lose significant learning time during menstruation. Moreover, this state of affairs is worsened by the lack of information on menstrual matters, as well as deep cultures of taboos, myths, and misconceptions surrounding menstruation and menstrual blood. We believe that young girls should not be left alone to make such tough choices. They should b…

Madam Temporary Speaker, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the wellbeing of teachers’ post-retirement. In the Statement, the Committee should-

I will call upon Sen. Shakila Abdalla to lay a report from the Committee on Powers and Privileges and give Notice of Motion.

Thank you, Mr. Speaker, Sir. I beg to lay the following---

It is not fair for the United States of America (USA) to compensate some victims of the bomb blast and leave out others. Those who were affected did not want to suffer. People died and others were injured. Some suffered because America was the primary target. Therefore, it is inhumane and unfair for America to choose to compensate their citizens and leave out Kenyans still clamouring for compensat…

Madam Temporary Speaker, I wish to make comments on the Statement by Sen. Kavindu Muthama, particularly with regards to the plea by Kenyans on compensation for the bombing that we all witnessed. A number of us were still young those days. We have watched and listened to experiences that Kenyans went through. The survivors have on many occasions laid out bear experiences which are sad. We cannot f…

Before we move to the next Order, I will give an opportunity to a few Senators to make comments on the report. I will allow two from each side. Proceed, Sen. Khatib.

Hapa Seneti najulikana kama Sen. Mwinyihaji Faki Mohammed. Khatib ni jina la uwakili. Madam Temporary Speaker, I thank you for giving me this opportunity to comment on the two Statements. The first one is the Statement by Sen. Kavindu Muthama on the Ad Hoc Committee on compensation of the bomb blast victims. I commend Sen. Kavindu Muthama and her Committee for the splendid work they have done in…

Proceed, Sen. Cheptumo.

Madam Temporary Speaker, I thank my Chair, Sen. Kavindu Muthama, for the Statement that she has read in the House. It is unfortunate that 25 years down the line, Kenyan victims of that unfortunate situation have not been compensated. I am a Member of the Committee. We have had several engagements with various stakeholders. The suffering I witnessed on Monday, when we had a prayer session with the…

Madam Temporary Speaker, I wish to make comments on the Statement by Sen. Kavindu Muthama, particularly with regards to the plea by Kenyans on compensation for the bombing that we all witnessed. A number of us were still young those days. We have watched and listened to experiences that Kenyans went through. The survivors have on many occasions laid out bear experiences which are sad. We cannot f…

Thank you, Senator. What is your point of order, Sen. Githuku?

[(Sen. Cherarkey crossed the floor without bowing at the Chair)]

Madam Temporary Speaker, is it in order for Sen. Cherarkey to cross from the other side to this side of the Floor without following the rules bearing in mind that he is a very senior Member of this House?

Sen. Cherarkey, you are ruled out of order. Can you abide with the Standing Orders by doing what you are supposed to do? Bow before the Chair. We will have the final comment on the statement on bomb blast from Sen. Ogola. Her name had fallen off the list of those who were contributing.

[(Sen. Cherarkey crossed bowed at the Chair)]

Proceed, Sen. Cheptumo.

Madam Temporary Speaker, I thank my Chair, Sen. Kavindu Muthama, for the Statement that she has read in the House. It is unfortunate that 25 years down the line, Kenyan victims of that unfortunate situation have not been compensated. I am a Member of the Committee. We have had several engagements with various stakeholders. The suffering I witnessed on Monday, when we had a prayer session with the…

Some are in school while others are still unemployed even after going through education. This situation is so serious that it is important that as a country, a Committee and a House, we rise to the occasion and push for the compensation. The cordial relationship between the Kenyan Government and that of the United States of America (USA) should be an avenue through which we can receive the goodwi…

Thank you, Senator. What is your point of order, Sen. Githuku?

[(Sen. Cherarkey crossed the floor without bowing at the Chair)]

Madam Temporary Speaker, is it in order for Sen. Cherarkey to cross from the other side to this side of the Floor without following the rules bearing in mind that he is a very senior Member of this House?

Next order.

Second Reading

We will resume the debate on The Equalization Fund Administration Bill (Senate Bills No.14 of 2023) . Sen. Mumma had a balance of one minute. She's not here. So, we will have Sen. Wakili Sigei.

I thank you, Madam Temporary Speaker, for the opportunity to also contribute to the the Equalization Fund Administration Bill. This is a very important Bill that seeks to establish a legal framework for conducting regular reviews and assessment of the performance of the Equalization Fund that is provided for by Article 204 of the Constitution of Kenya. The objective is to facilitate the necessar…

Next order.

Second Reading

We will resume the debate on The Equalization Fund Administration Bill (Senate Bills No.14 of 2023) . Sen. Mumma had a balance of one minute. She's not here. So, we will have Sen. Wakili Sigei.

I thank you, Madam Temporary Speaker, for the opportunity to also contribute to the the Equalization Fund Administration Bill. This is a very important Bill that seeks to establish a legal framework for conducting regular reviews and assessment of the performance of the Equalization Fund that is provided for by Article 204 of the Constitution of Kenya. The objective is to facilitate the necessar…

Thank you, Madam Temporary Speaker, for the opportunity to contribute. I extensively contributed to this Bill, but I just want to add one point. I can see the Chairperson of the Committee on Finance and Budget, Sen. Ali Roba, is here. We need to include a clause that can provide for oversight by the Senate on this particular fund. That section should obligate the implementing entities and the coun…

Thank you, Senator. I will now call upon the Mover of this Bill and the Chairperson of the Committee, Sen. Ali Roba, to come and reply.

Thank you very much, Madam Temporary Speaker. I beg reply. I take this opportunity to thank all the hon. Senators who have contributed extensively to this Equalization Fund (Administration Bill) , Senate Bills No. 14 of 2023. As I discussed during the contribution of opening of the second reading, the object of the Bill is extremely clear. Having listened to most Senators who have contributed, th…

Madam Temporary Chair, I beg to move- THAT, Clause 5 of the Bill be amended –

I have taken note of most contributions and we will endeavour to take the underlying issues that have come out. Having listened to them keenly, the Committee will need to bring them on board as required and make sure that when we will be moving amendments, those issues will be taken into consideration.Madam Temporary Speaker, I beg to reply and pursuant to Standing Order No. 66(3), request that th…

Madam Temporary Chairperson, I beg to move: THAT Clause 8 of the Bill be amended –

I now call upon the Chairperson to report progress on the Learners with Disabilities Bill (Senate Bills No.4 of 2023) .

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Learners with Disabilities Bill (Senate Bills No.4 of 2023) and seek leave to sit again tomorrow.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report.

Who is a seconder?

(Question proposed)Madam Temporary Speaker, I second.(Question put and agreed to)The Temporary Chairperson (

Hon. Senators, Order Nos.12, 13, 14, 15, and 16 are deferred.

Next Order.

This Bill is supposed to be moved by the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries, but he is not here. The Bill is, therefore, deferred. Proceed to Order No.18. Second Reading

Equally, this Bill is deferred because the Mover, Sen. Cherarkey, is not in the House. Let us go to the next Order.

The Motion is also deferred.

Order Nos.20 and 21 are also deferred because the Mover of the Motions is the same. That is the Chairperson of the Standing Committee on Health.

Let us go to the next Order.

The Motion is also deferred because the Mover, Sen. Kathuri, is not in the House.