Reading copy. Formatted from the official Hansard transcript for on-screen reading. The wording is the record’s; the layout is ours, and a speaker is linked to a profile only where that identity could be verified against the current Parliament roster — earlier sittings show names without links. Read the official PDF.

THIRTEENTH PARLIAMENT

Fifth Session

Thursday, 12th February, 2026 at 2.30 p.m.

PARLIAMENT OF KENYA

The House met at the Senate Chamber, Parliament Buildings at 2.32 p.m.

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

Hon. Senators, we now have quorum. So, we will start the business of the afternoon. Kindly let us settle down.

Clerk, you may call the first order.

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM THE PARLIAMENT OF UGANDA

PETITION

ENACTMENT OF A LEGAL FRAMEWORK TO PROVIDE FOR CITIZEN INITIATED RECALL OF THE PRESIDENT AND COUNTY GOVERNORS

Hon. Senators, I hereby report to the Senate that a Petition has been submitted, through the Clerk, by Mr. Laban Omusundi, concerning the enactment of a legal framework to provide for citizen initiated recall of the President and county governors.

As you are aware, under Article 119 (1) of the Constitution- “Every person has a right to petition Parliament to consider any matter within its authority, including enacting, amending or repealing any legislation.”

Hon. Senators, the salient issues raised in the Petition are- THAT, the Constitution provides for the recall of Members of Parliament (MPs) and Members of County Assemblies (MCAs), but does not establish a clear or enforceable framework for the recall of the President and governors by the people, despite the executive power they wield and their control over public resources;

THAT, the existing mechanisms for removal from office are vested exclusively in legislative bodies; namely, the National Assembly, the Senate and County Assemblies,

which, in certain instances may be susceptible to compromise, thereby undermining the effectiveness and credibility of the process;

THAT, the impeachment processes have increasingly degenerated into political rituals rather than serving as genuine instruments of accountability, thereby denying citizens an effective remedy in instances where leadership grossly violates the Constitution;

THAT, in instances where MPs and MCAs are compromised in the exercise of their oversight function, citizens are left without any effective democratic instrument to safeguard the Republic.

THAT, the issues raised in the Petition are not pending before any court of law or other constitutional or legal body.

Consequently, the Petitioner prays that the Senate intervenes by initiating and enacting legislation to provide for a citizen-driven recall mechanism for the President and county governors in circumstances where the relevant oversight and accountability systems are compromised.

Hon. Senators, pursuant to Standing Order No.238(1), the Petition is hereby committed to the Standing Committee on Justice, Legal Affairs and Human Rights for consideration.

In terms of Standing Order No.238(2), the Committee is required, in not more than 60 calendar days from the time of reading the prayer, which is today, to table its report to the Senate for consideration.

I thank you. (The Petition was committed to the Standing Committee on Justice, Legal Affairs and Human Rights) Next Order.

PAPERS LAID

REPORTS OF THE COB ON NATIONAL GOVERNMENT AND COUNTY GOVERNMENTS BUDGET IMPLEMENTATION REVIEW

Report of the Office of the Controller of Budget (CoB) on the National Government Budget Implementation Review for the first three months of Financial Year 2025/2026.

Report of the Office of the Controller of Budget (CoB) on the County Governments Budget Implementation Review for the first three months of Financial Year 2025/2026.

The Fourteenth Report of the Public Service Commission (PSC) on the status of compliance of the Public Service with values and principles in Articles 10 and 232 of the Constitution.

ANNUAL REPORT OF THE PUBLIC SERVICE COMMISSION FOR FY2024/2025

Annual Report of the Public Service Commission (PSC) for the year ended 2024/2025.

BIANNUAL REPORT OF NACADA ON STATUS OF ALCOHOL AND DRUG ABUSE CONTROL IN KENYA

The National Authority for the Campaign Against Alcohol, Drug Abuse (NACADA) (22nd) Edition of Biannual Report on the status of alcohol and drug abuse control in Kenya.

REPORTS OF THE AUDITOR-GENERAL ON FINANCIAL STATEMENTS OF VARIOUS ENTITIES

Report of the Auditor-General on financial statements of Likoni Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2022.

Report of the Auditor-General on financial statements of Port Reitz Sub-County Hospital, Mombasa County Government, for the year ended 30th June, 2022.

1. Report of the Auditor-General on financial statements of Habaswein Sub-County Level 4 Hospital - County Government of Wajir, for the year ended 30th June, 2022. Report of the Auditor-General on financial statements of Likoni Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2023. Report of the Auditor-General on financial statements of Port Reitz Sub-County Hospital, Mombasa County Government, for the year ended 30th June, 2023.

Report of the Auditor-General on financial statements of Tudor Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2023.

Report of the Auditor-General on financial statements of Coast General Teaching and Referral Hospital, County Government of Mombasa, for the year ended 30th June,

1. Report of the Auditor-General on financial statements of Habaswein Sub-County Level 4 Hospital - County Government of Wajir, for the year ended 30th June, 2023. Report of the Auditor-General on financial statements of Likoni Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Port Reitz Sub-County Hospital, Mombasa County Government, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Tudor Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Mrima Maternity Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Coast General Teaching and Referral Hospital, County Government of Mombasa, for the year ended 30th June,
2. Report of the Auditor-General on financial statements on Maralal Municipality, County Government of Samburu, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Municipality of Kehancha - County Government of Migori, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Magutuni Sub-County Hospital - County Government of Tharaka-Nithi, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Habaswein Sub- County Level 4 Hospital - County Government of Wajir for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Kalawa Level 4 Hospital - County Government of Makueni for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Kakamega County Revenue Agency Fund for twenty-four (24) months period, for the year ended 30th June,
3. Report of the Auditor-General on financial statements of the County Executive of Kwale for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County Assembly of Kwale for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on County Revenue Fund - County Government of Kwale, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Receiver of Revenue - Revenue Statements - County Government of Kwale, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County Executive of Wajir for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County Assembly of Wajir for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on County Revenue Fund - County Government of Wajir, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Receiver of Revenue - Revenue Statements - County Government of Wajir for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Assembly of Baringo for the year ended 30th June 2025.

Report of the Auditor-General on financial statements on Receiver of Revenue - Revenue Statements - County Government of Baringo, for the year ended 30th June 2025.

Report of the Auditor-General on financial statements of the County Executive of Baringo for the year ended 30th June 2025.

Report of the Auditor-General on financial statements on County Revenue Fund - County Government of Baringo for the year ended 30th June 2025.

Report of the Auditor-General on financial statements on Receiver of Revenue - Revenue Statements- County Government of Homa Bay, for the year ended 30th June

1. Report of the Auditor-General on financial statements on County Revenue Fund - County Government of Homa Bay, for the year ended 30th June 2025. Report of the Auditor-General on financial statements of the County Assembly of Homa Bay for the year ended 30th June 2025. Report of the Auditor-General on financial statements of the County Executive of Homa Bay, County Government of Homa Bay, for the year ended 30th June 2025. Report of the Auditor-General on financial statement of the County Executive of Tharaka-Nithi for the year ended 30th June, 2025. Report of the Auditor-General on financial statement on County Revenue Fund - County Government of Tharaka-Nithi, for the year ended 30th June, 2025. Report of the Auditor-General on financial statement of the County Assembly of Tharaka-Nithi for the year ended 30th June, 2025. Report of the Auditor-General on financial statement on Receiver of Revenue- Revenue Statements - County Government of Tharaka-Nithi for the year ended 30th June,
2. Report of the Auditor-General on financial statements of the County Executive of Nakuru for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County Assembly of Nakuru for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on County Revenue Fund, County Government of Nakuru, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Receiver of Revenue- Revenue Statements, County Government of Nakuru, for the year ended 30th June, 2025. I beg to lay.

NOTICES OF MOTIONS

APPROVAL OF THE SENATE CALENDAR FOR THE FIFTH SESSION

MAINSTREAMING A FRAMEWORK FOR CLEAN COOKING

The Chairperson Select Committee on Delegated Legislation.

EXTENSION OF TIME FOR CONSIDERATION OF THE CROPS (BIXA) REGULATIONS (LEGAL NOTICE NO. 145 OF 2025)

further 21 days pursuant to Section 15(3) of the Statutory Instruments Act to enable the Committee consider objections raised by the public and make its resolution on or before Tuesday, 3rd March, 2026.

Thank you.

PAPERS LAID

BUDGET POLICY STATEMENT FOR 2026

Budget Policy Statement for 2026.

DRAFT DIVISION OF REVENUE BILL, 2026

Draft Division of Revenue Bill, 2026.

DRAFT COUNTY ALLOCATION OF REVENUE BILL, 2026

Draft County Allocation of Revenue Bill, 2026.

DRAFT COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL, 2026.

Draft County Governments Additional Allocations Bill, 2026.

MEDIUM TERM DEBT MANAGEMENT STRATEGY (2026/2027 – 2028/2029)

Medium Term Debt Management Strategy (2026/2027 - 2028/2029).

SENATE CALENDAR FOR THE FIFTH SESSION, 2026

The Senate Calendar (Regular Sessions) for the Fifth Session of the Thirteenth Parliament (February to December, 2026).

Report of the Auditor-General laid pursuant to the Senate Resolution of Tuesday, 11th November, 2025 on the Referral of Statutory Instruments and Papers submitted during recess.

REPORTS OF THE AUDITOR-GENERAL ON FINANCIAL STATEMENTS OF VARIOUS ENTITIES

Report of the Auditor-General on financial statements of the County Assembly of Lamu for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Executive of Lamu for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on County Revenue Fund, County Government of Lamu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Receiver of Revenue- Revenue Statements, County Government of Lamu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Executive of Machakos for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on County Revenue Fund, County Government of Machakos, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Receiver of Revenue - Revenue Statements - County Government of Machakos for the year ended 30th June,

1. Report of the Auditor-General on financial statements of the Machakos County Assembly for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on County Revenue Fund, County Government of Kajiado, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Receiver of Revenue - Revenue Statements - County Government of Kajiado for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County Assembly of Kajiado, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County Executive of Kajiado for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County Assembly of Kitui for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Receiver of Revenue- Revenue Statements, County Government of Kitui, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on County Revenue Fund, County Government of Kitui, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County Executive of Kitui, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County xecutive of Migori, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on County Revenue Fund, County Government of Migori, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Receiver of Revenue, Revenue Statements, County Government of Migori, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Assembly of Migori, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Assembly of Kisumu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the Kisumu County Executive, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on County Revenue Fund - County Government of Kisumu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Receiver on Revenue - Revenue Statements, County Government of Kisumu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Receiver of Revenue, Revenue Statements, County Government of Embu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on the County Revenue Fund, County Government of Embu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Assembly of Embu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Executive of Embu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Muhoroni Sub County Level 4 Hospital - County Government of Kisumu for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the Kisumu County Referral Hospital for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Gulf Water Services Company Limited for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the Nyakach County Level 4 Hospital - County Government of Kisumu for the year ended 30th June 2025.

Report of the Auditor-General on financial statements of the Nyanas Water and Sanitation Company Limited for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the Siaya Municipality for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Siaya County Referral Hospital - County Government of Siaya, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Homa Bay Alcoholic Drinks Control Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the Municipality of Mbita for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Homa Bay County Water and Sanitation Company Limited for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Homa Bay County Executive Car and Mortgage Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Ndiru Level 4 Hospital - Homa Bay County Government for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Bondo Municipality for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Kehancha Municipality - County Government of Migori for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Migori County Referral Hospital - Migori County Government for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Kilifi County Government Equalisation Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Mariakani Municipality - County Government of Kilifi for the 18 Month’s ended 30th June, 2025.

Report of the Auditor-General on financial statements of Mtwapa SubCounty Level 4 Hospital - County Government of Kilifi for the year ended 30th June 2025.

Report of the Auditor-General on financial statements of the Municipality of Kilifi - County Government of Kilifi for the year ended 30th June 2025.

Report of the Auditor-General on financial statements of the Municipality of Lamu for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Faza Sub-County Level 4 Hospital -County Government of Lamu for the year ended 30th June 2025.

Report of the Auditor-General on financial statements of the Vihiga County Assembly Members and Staff Mortgage and Car Loans Scheme Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Wesu Sub County Hospital - Taita Taveta County Government for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the Municipality of Voi for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Oresi SubCounty Level 4 Hospital - Kisii County Government, for the year ended 30th June, 2025.

Thank you.

COMMUNICATION FROM THE CHAIR

CONSIDERATION OF 2026 BUDGET POLICY STATEMENT

1. The 2026 Budget Policy Statement;

(ii) The Medium-Term Debt Management Strategy - (2026/2027) - (2028/2029); (iii) The Draft Division of Revenue Bill, 2026; (iv) The Draft County Allocation of Revenue Bill, 2026; and

1. The Draft County Governments
2. An assessment of the current state of the economy and the financial outlook
3. The financial outlook with respect to government revenues, expenditures and
4. The criteria used to allocate or apportion the available public resources among
5. The proposed expenditure limits for the national government, including those
6. The fiscal responsibility principles and financial objectives over the medium-

1. and table a report for consideration, in accordance with Section 25(7) of the Public Additional Allocations Bill, 2026.

the institutions referred to under Standing Order No.186(6) in finalizing its report on the Budget Policy Statement. The Standing Committee will be required to table its report on or before Tuesday, 24th February, 2026.

Subsequently, the Senate will be required to consider and make a determination on the report by the Standing Committee on Finance and Budget by Thursday, 26th February, 2026.

Hon. Senators, in a nutshell, it means that any proposal that Senators have regarding the Budget Policy Statement, the draft Division of Revenue Bill, 2026, the draft County Allocation of Revenue Bill, 2026, the draft County Governments Additional Allocations Bill, 2026 and the financing structure therein among other recommendations, must be canvassed and forwarded to the Cabinet Secretary for the National Treasury and Economic Planning for consideration when finalising the budget for the relevant financial year. This is a requirement pursuant to Section 25(8) of the Public Finance Management Act and Standing Order No.186 (9) of the Senate.

In conclusion, I urge all Standing Committees to prioritise the scrutiny of the Budget Policy Statement taking into consideration our most important function of protecting the interests of counties and their governments and safeguarding devolution.

I thank you. Next Order.

QUESTIONS AND STATEMENTS

STATEMENTS

INITIATIVES TO RESTORE DEGRADED AGRICULTURAL LAND IN KISUMU COUNTY

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 on a matter of countywide concern regarding ongoing initiatives aimed at restoring degraded agricultural land in Kisumu County. Kisumu County has recently embarked on implementing strategies to rehabilitate degraded farmland with the objective of enhancing agricultural productivity and strengthening food security.

In the Statement, the Committee should-

1. Address the extent of agricultural land degradation in Kisumu County and specific strategies currently being implemented for restoration;
2. The resources allocated as well as the timelines set for implementation of restoration programmes; and,

1. The measures to ensure sustainable agricultural productivity and resilience against climate change and environmental degradation.

ACTIVITIES OF CRIMINAL GANGS AND PUBLIC SECURITY IN KISUMU COUNTY

1. The scope, progress and current status of the ongoing operations against criminal gangs in Kisumu County;
2. The measures being implemented to prevent recurrence of gang-related crime and to strengthen security in the counties; and,
3. The support mechanisms available to affected communities, including protection of residents, accessible reporting channels and rehabilitation programmes for former gang members who are many.

STRATEGIC ENHANCEMENT AND PERFORMANCE OF KISUMU INTERNATIONAL AIRPORT

Mr. Speaker, Sir, my third Statement is on strategic enhancement and performance of Kisumu International Airport.

I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee Roads, Housing and Transportation on a matter of countywide concern regarding strategic enhancement and operational performance of Kisumu International Airport. Kisumu International Airport is a key regional gateway linking Western Kenya to domestic and international markets.

While recent developments during the commissioning of a modern air traffic control tower are commendable, the timely completion of critical infrastructure works

and the extent to which these investments are translating into improved operational efficiency and economic impact continue to be of concern to the country.

In the Statement, the Committee should address the following-

1. The status of ongoing infrastructural enhancements at the Kisumu International Airport, including the runway extension works, cargo facilities, cold chain development and passenger terminal improvements, highlighting timelines, milestones achieved and any bottlenecks;
2. The operational performance of the airport following the commissioning of the air traffic control tower, including flight handling efficiency, safety performance and airline uptake;
3. The effectiveness of cargo handling and the cold storage facility in supporting regional exports, particularly perishable goods, and any gaps limiting competiveness;
4. The economic impact of the airport upgrades, including changes in flight frequency, cargo volumes, tourism inflows and employment creation; and,
5. The strategic measures proposed to accelerate completion of pending works, maximize the airport’s economic contribution and position Kisumu International Airport as a competitive regional aviation hub.

DELAY IN COMPLETION OF KISUMU INTERNATIONAL CONVENTION CENTRE

Lastly, Mr. Speaker, Sir, is a Statement on the delay in the completion of Kisumu International Convention Centre.

I rise pursuant to Standing Order No.53(1) to seek a Statement from the Committee on Devolution and Intergovernmental Relations on a matter of countywide concern regarding delays in the completion of Kisumu International Convention Centre.

The Kisumu International Convention Centre was conceived as a strategic facility to position Kisumu City as a regional hub for conferencing, trade and investment, while stimulating local economic growth. Despite substantial public investment and considerable time lapse since commencement, the project remains incomplete and only partially operational. The prolonged delay has raised serious concerns regarding intergovernmental coordination, project financing, contractor performance and normal accountability in the implementation of joint funded public infrastructure projects.

In the Statement, the Committee should address the following-

1. The current status of Kisumu International Convention Centre, including the scope of works completed and the outstanding components;
2. Ascertain the total public funds approved, disbursed and utilised for the project by both the national Government and the County Government of Kisumu;
3. The specific factors that have contributed to the delay in completion, including issues related to contractor performance, funding flaws and intergovernmental coordination; and,
4. The measures in place and the timelines established to ensure that the project is completed, made fully operational and to prevent similar delays in future joint projects. I thank you.

BUSINESS FOR THE WEEK COMMENCING TUESDAY, 17TH FEBRUARY, 2026

1. The Wildlife Conservation and Management (Amendment) Bill (Senate Bills No.46 of 2023);

1. The Wildlife Conservation and Management (Amendment) Bill (Senate Bills No.49 of 2023);
2. The Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill (Senate Bills No.1 of 2024);
3. The Culture Bill (National Assembly Bills No. 12 of 2024);
4. The County Wards (Equitable Development) Bill (Senate Bills No. 20 of 2024); and,
5. The Livestock Protection and Sustainability Bill (Senate Bills No. 32 of 2024). Bills that are at the Committee of the Whole include-
6. The Public Finance Management (Amendment) (No.4) Bill (National Assembly Bills No. 45 of 2024);
7. The Office of the County Attorney (Amendment) Bill (Senate Bills No.47 of 2024);
8. The Public Fundraising Appeals Bill (Senate Bills No.36 of 2024);
9. The Heritage and Museums Bill (Senate Bills No.8 of 2023);
10. The Environmental Laws (Amendment) Bill (Senate Bills No.23 of 2024);
11. The Statutory Instruments (Amendment) Bill (National Assembly Bills No.2 of 2023);
12. The Sports (Amendment) (No.2) Bill;
13. The County Civic Education Bill (Senate Bills No.4 of 2024);
14. The County Hall of Fame Bill (Senate Bills No.18 of 2023); and,
15. The Referendum Bill. This is not to be confused with the two-thirds gender rule, but the law that guides the country on how it goes into a referendum. That is a business that we have delayed for far too long. I must appreciate that the Senate has actually taken leadership on this important national exercise. The projected business for Thursday, 19th February, 2026, will include business not concluded in the Order Paper for Wednesday, 18th February, 2026 and any other business scheduled by the Senate Business Committee (SBC).

Mr. Speaker, Sir, I thank you. I lay the Statement.

I was shocked and horrified when I watched people wielding machetes and invading a shop somewhere in Mombasa City County, where my brother, Sen. Faki, comes from. It looked like Haiti. In fact, the first time that video was sent to me, I was shocked to see people forcefully entering a shop somewhere in Mtwapa. Such things do not even happen in Haiti.

I thank the Inspector General (IG) of Police for appearing before the Senate County Public Accounts Committee (CPAC) today. I appeal to him for a strategy on how to fight criminal gangs.

Mr. Speaker, Sir, I worry that as we go into the election mood, these criminal gangs will be used to terrorise people for political expedience. I appeal to the Committee of National Security, Defence and Foreign Relations that what we saw in Mombasa, Kisumu, Nairobi, Eldoret and many other counties should be dealt with once and for all.

I thank Sen. (Prof). Tom Ojienda for the Statement. My final point is that I do not know whether this happened when you were a governor, but there is a new habit in town where governors, such as the Governor of Trans Nzoia County, are now recruiting enforcement officers and then turning them into militia. I have a record to prove. They flock and deal with Senators who ask questions.

Today, when the IG of Police appeared before the CPAC, we asked him why he is allowing governors to recruit enforcement officers, then turn them into mini-militia to use for political expedience. These are the issues we must deal with.

In conclusion, I thank the IG of Police because he confirmed to the Committee chaired by Sen. Moses Kajwang’ that he will not hesitate to arrest any governor who will defy the summonses and invitations under Article 125 of the Constitution of Kenya,

1. He will present them before the Committee in handcuffs because they are fugitives of accountability. Some of us will be ready not only to shoot, but to shoot from the hip.

Mr. Speaker, Sir, with those many remarks, I yield back the microphone.

Members want to transact this afternoon? We want to listen to that communication and certainly, say a thing or two about what is being discussed out there.

That is a grave matter and as we are walking outside there, people are looking at us suspiciously. There are young men in this House whose wives are about to suspect that they have other families. If what the governors are alleging is true and we do not go on record, then they will be asking where that money goes. I know that some of the most broke people in the country are here.

katika miji mingi. Kule kwetu Mombasa, magenge haya yako katika sehemu za Kisauni, Likoni na vile mjini. Juzi kuna baadhi yao ambao walilivamia duka Mtwapa. Ningependa kumweleza Sen. Cherarkey kwamba Mtwapa iko katika Kaunti ya Kilifi ambapo Mhe. Spika ulikuwa gavana kwa miaka 10. Mtwapa sio Mombasa, ni Kilifi.

Kwa hivyo mkuu wa polisi katika eneo la Pwani, Bw. Nuno, juzi ametoa onyo kwa magenge haya kwamba amepeana amri ya kupiga risasi na kuua. Ni jambo la kusikitisha na kutia hofu kwa suala hili lakini vile magenge kama haya yamezidi kuwaumiza wananchi. Maduka yanafungwa mapema katika sehemu nyingi. Biashara zinafungwa mapema kwa sababu watu wanaogopa magenge haya. Utapata vile vile wale ambao wanafanya katika hoteli wanapata shida kurudi nyumbani kwa sababu wakirudi baada ya saa mbili, tayari ni hatari katika sehemu zao.

Mhe. Spika, kwa hivyo kwanza ningependekeza kwa ile sheria ya community policing itekelezwe ili wananchi na polisi washirikiane katika kuwatafuta na kuyaharibu haya magenge ambayo yanaendelea kuwaumiza wananchi na kupora mali na kuvunja sheria. Vile vile polisi wafanye ujasusi ili wawajue wale wanaofanya uhalifu kama huu na kuwakamata na kuwapeleka mahakamani bila kuchelewa. Mara nyingi, uhalifu unatokea na baadaye polisi wanashughulika. Wangejaribu kutafuta intelligence mapema ili uhalifu uweze kuzuiwa ili isifanyike kuliko sisi tuwe tunafukuzana na wahalifu.

Mwisho ni kwamba mahakama zetu lazima ziwe macho ili kukataa na kuwaachilia watu hawa kwa bond katika hali ambayo ni ya urahisi. Kwa mfano, bond za watu ambao wanapatikana na silaha ama wanawapora watu, lazima ziwe juu ili mtu anapopewa bond ya, kwa mfano, Shilingi milioni moja ama laki tano, familia ishindwe kumtoa yule ili abaki ndani hadi kesi itakapokwisha. Hivyo basi tutapunguza visa vya uhalifu kama huo.

Pia polisi wetu lazima wapewe magari ya kutosha. Sehemu nyingi katika eneo la Mombasa, gari ni moja katika kituo kizima cha polisi. Kuna vituo vingine ambavyo havina magari. Kuna sehemu ambazo DCI wanafanya kazi na hawana ofisi. Kwa hivyo, miundo msingi ya huduma ya polisi iboreshwe ili waweze kupambana na magenge ya uhalifu kwa jumla.

Asante Mhe. Spika kwa kunipa fursa hii.

Mr. Speaker, Sir, if there is one body, and if there is a refuge that we all run to, it is especially police in uniform. Therefore, the police must remain apolitical. You cannot condone, support or escort criminal gangs to go and attack other Kenyans. It is the work of the police to ensure that they deal with these criminals.

Finally, we have seen a nation descend into anarchy because of allowing criminal gangs to exist. We have sent our policemen to Haiti to go and help that nation deal with criminal gangs that have disturbed and brought instability to Haiti. So, it cannot be that we send our policemen to Haiti to go and deal with criminal gangs, and police back at home are supporting and working in cahoots with criminal gangs, especially for political reasons. This is something that must be condemned by everybody, from every political formation, because violence against me today is not necessarily that the people who are violent against me today are not and shall not be violent against you. We cannot weaponise or criminalise our democracy. If you do not agree with me, do not send goons or send police to come and tear gas me. Go and organise your meeting and come and say, so-and-so was in this place, and what they said, I do not agree with it and therefore, this is what I think is the correct position. However, this issue of policemen and goons being used---

Just this Sunday on our way from Njabini to a place called Naivasha, the police were waylaying us with goons at some place called Githabai, trying to stop us from going to attend a political rally in Nakuru. The people of Nakuru are very welcoming. They were waiting for us. A huge crowd was waiting for us, but the policemen with goons were waylaying us on the road. We expect that the police are the ones who should be able to protect and secure us. We cannot, therefore, on one finger, point to criminal gangs that are raining havoc in our towns, but close our eyes when they are being used for political reasons. The National Police Service must remain apolitical. They must ensure that they address this emerging trend because if we allow it to grow, then we shall not have a nation.

Sen. Wambua: Thank you, Mr. Speaker, Sir. I also add my voice to the statement on the re-emergence of criminal gangs. Truth be told, this is not an isolated case in Kisumu County, Nairobi or Mombasa. It has become a nationwide catastrophe. We have criminals who have developed very high levels of confidence and impunity never witnessed in this country.

I draw the attention of this House to a meeting we had this morning with the Inspector General of Police (IG) where we were discussing matters to do with collaboration between the Senate and his office, especially in respect to enforcing the appearance of governors before Senate committees. At that meeting, I drew the attention of the IG to a very sad state of affairs in Kitui County, where there is an ongoing conflict between a criminal enterprise; a cartel of selfish, greedy individuals masquerading as business people who are trading in our sand from our rivers by force. The community is saying that the sand is its resource and must be exploited for the benefit of the entire community now and into the future.

The day before yesterday, that criminal enterprise ferried gangs armed with pangas and rungus and descended on a community along Mwanya River in Mwingi Central Constituency, seriously harassed and beat up people, killed one man, seriously injured five of them, raped women and just disappeared into thin air.

For now, we can just appeal, maybe going forward, the time for appeal may just elapse, I do not know. My appeal is that the Inspector General of Police will take his commitment to the Senate this morning very, very seriously, that there is nobody in this country who is above the law; that everybody, including himself and myself in this country is a subject of the law. Action shall not just be taken, but shall be seen to have been taken to bring the culprits to book and ensure justice for the victims of that attack.

Mr. Speaker, Sir, this matter began a few weeks ago through the hard work of the Senate County Public Accounts Committee, when we unearthed misreporting on the revenues that Kitui County Government was receiving from sand as a revenue stream. They were reporting that they were collecting cess of Kshs11 million the entire year. We were able to prove to them that from sand alone, the cartels are collecting more than Kshs2 million every day.

The man who died was fighting for the resources of the people of Kitui, I challenge the County Government of Kitui on the floor of the House to make sure that two things happen. One, that the burden of burying Mwendwa cannot be a burden of the family. He was not fighting for his own resources, but to safeguard the resources belonging to the people of Kitui. The County Government of Kitui should take full responsibility to make sure that Mwendwa is given a decent burial.

For those that have been injured and our mothers that were raped, I ask that the law takes full course and effect. In fact, I want to challenge my colleagues in the Kenya Women Senators Association (KEWOSA) to go down there and have a conversation with those bleeding mothers because of the ordeal that they went through in the hands of criminal gangs.

Mr. Speaker Sir, that must prick the conscience of every leader in this country; in this Senate.

I submit.

Tunamwuliza Inspekta Generali wa Polisi aangalie jambo hili. Kamati yetu ya masuala ya Usalama wa Kitaifa, Ulinzi na Maswala ya Nchi za Nje ambayo naona Mwenyekiti yuko hapa, waangazie jambo hili kwa undani.

Kwetu Laikipia kuna kikundi haramu kinachojulikana wazi kwa kuhangaisha watu si vijijini, sokoni, kwa mabasi, kila mahali. Tunapohangaishwa hivyo na vikundi hivi haramu tuna serikali na yule anayehusika na usalama. Si Inspekta Generali wa Polisi pekee. Tuna Waziri wa Usalama ambaye alikuwa ni mwenzetu hapa. Hata yeye anapaswa kuliangalia jambo hili kwa sababu tukilichukulia kwa mzaha linaweza kutuharibia nchi. Kuna kisingizio watu wanasema ya kwamba pengine hawana kazi, wanalipwa pesa fulani ilhali tumelipa hela za kutosha kwa maafisa---

corruption within the systems and inadequate facilitation for the law enforcement authorities.

As the Senate, we need to ensure that we are proactive in ensuring that resources at the helm of the Ministry of Interior and National Administration trickle down to the common police officer down at the grassroots, because these are the people who are directly in charge of ensuring that there is a proper law enforcement within these counties and major towns.

As the Orange Democratic Movement (ODM), we support the broad-based government, but we must also ensure that it delivers on its promises, particularly the Bottom-up Economic Transformation Agenda (BETA). This means taking care of people at the grassroots. This means that resources from the Ministry of Interior and National Administration should reach the local level. Police officers need better housing, fair salaries, fuel for their vehicles and proper financial and equipment support to remain proactive.

In that regard, I commend our police officers---

jobless, many turn to gangs for survival. This trend, seen in parts of South America and South Africa, is now growing here. This House and the government must take this matter seriously. The government should act decisively and lead by example. If security systems collude with gangs, Kenyans will remain unprotected.

That is why we want the IG of NPS to come and explain who these gangs are and why they operate with police support. Only then can the police effectively deal with other gangs terrorising smaller towns and rural homes. Nowadays, gangs steal food from farms and livestock from homes, often killing or injuring people in the process, who end up dying in hospital or end up leaving---

COMMUNICATIONS FROM THE CHAIR

VISITING DELEGATION FROM KALONZO HIGH SCHOOL IN KITUI COUNTY

I would wish to acknowledge the precence, in the Public Gallery this afternoon, visiting teachers from Kalonzo High School in Kitui County. The delegation consists of two teachers and 53 students.

In our usual tradition of receiving and welcoming visitors to Parliament, I extent a warm welcome to the delegation and on behalf of the Senate and my own behalf wish them a fruitful visit.

I will call upon the Senator for Kitui County to welcome the delegation.

ALLEGATIONS MADE CONCERNING OPERATIONS OF CERTAIN COMMITTEES OF THE SENATE

Hon. Senators, I have the following Communication to make. This Communication relates to the series of allegations that have been circulating in the media concerning the operations of certain Committees of the Senate, specifically the County Public Accounts Committee (CPAC) and the County Public Investments and Special Funds Committee (CPISFC).

As Hon. Senators may be aware, this matter began on Monday, 9th February, 2026, with a press statement issued by the Council of Governors (CoG) purportedly demanding for the re-constitution of the CPAC on the basis of claims of political witch- hunt, harassment, extortion and intimidation, allegedly involving four unnamed Members of the Committee.

A position was taken by the CoG to suspend appearances before the CPAC until a structured engagement is held between its leadership and that of the Senate and to limit appearances before the CPISFC to once per audit cycle.

Subsequently, in a press statement, which I issued on Tuesday, 10th February, 2026, I reiterated the Senate’s oversight role over county governments and its firm anchorage in the Constitution.

Hon. Senators, as you are aware, Article 96(3) of the Constitution of Kenya, 2010 provides that-

“The Senate determines the allocation of national revenue among counties, as provided in Article 217, and exercises oversight over national revenue allocated to the county governments.”

Further, Article 96(1) states that- “The Senate represents the counties and serves to protect the interests of the counties and their governments.”

I further reiterated that in executing its mandate, the Senate’s audit committees are guided by Article 229 of the Constitution, which requires Parliament to consider and dispose of audit reports within three months of their receipt from the Auditor-General by 31st March of each year. Compliance with this constitutional timeline is not optional and any actions that impede the audit process undermine accountability and prudent use of public resources.

I emphasised that the Senate remains committed to fulfilling its constitutional mandate and ensuring that oversight over public funds allocated to county governments remains robust, objective and timely and informed the CoG that should the Council have concerns regarding the conduct or operations of Senate committees, established and legitimate institutional channels exist through which such concerns may be formally raised and addressed, noting that while the Senate remains open to structured and constructive dialogue with devolution actors, recourse to public mudslinging and unsubstantiated allegations in the media, unsupported by evidence, is neither appropriate nor conducive to intergovernmental cooperation.

Hon. Senators, Subsequently, my office has received two letters, Ref. COG/6/10 Vol.13(84), dated 9th February, 2026 and Ref.COG/6/10 Vol.13(85), dated 11th February,

1. The purpose of the two letters from the CoG is stated as being-
   1. To bring to my attention the CoGs’ concerns and resolutions on the matter of appearances by governors before the CPAC and the CPISFC; and, (ii) To request for an engagement with the leadership of the Senate, at the earliest opportunity, to address the concerns raised with a view to developing an engagement framework with the two Committees. In the letters, the CoG further communicates the resolutions of the Council that-
   2. Governors shall, with immediate effect, not appear before CPAC until the concerns raised about the Committee are adequately and conclusively addressed; and,
   3. Four Senators
   whom you have named, be removed from the affected

“(i) Either House of Parliament and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information.

(ii) For the purposes of clause (1), a House of Parliament and any of its committees has the same powers as the High Court-

1. to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise;
2. to compel the production of documents; and,
3. to issue a commission or request to examine witnesses abroad.” As you are further aware, pursuant to Article 96 of the Constitution, the Senate represents counties, serves to protect the interests of the counties and their governments and exercises oversight over national revenue allocated to county governments. Hon. Senators, the thrust of the foregoing provisions and indeed the totality of the constitutional architecture, is to vest in the legislature the power and mandate to exercise oversight over all State organs and State officers in the performance of their constitutional and statutory functions. No organ, authority or person, not least the Senate, has the power to suspend, compromise, vary or waive the legislature’s mandate. Consequently, the resolution by the CoG that Governors will not appear before CPISFC until the concerns raised in their letters are addressed through a structured engagement between the leadership of the Senate and the CoG is untenable. Equally, the resolution by the CoG that governors will only appear once for every audit cycle to respond to any queries before the CPAC comprehensively, is also untenable. The constitutional oversight mandate is exercised by the Senate as often as whenever the Senate in its judgment considers appropriate and any purported restriction or limitation of this mandate, such as is proposed, is unconstitutional. This is further underlined by the decision of the High Court in the case of Hesbon Mole Agwena and Jairus Musumba & 3 others versus Nairobi City County & Office of the Auditor-General, HCJR/E082/23 where the court held that the constitutional timelines spelt out in Article 229(4) of Constitution (which requires that the Auditor-General shall, within six months after the end of each financial year, audit and report, in respect of that financial year on the accounts of the national and county governments and all funds and authorities of the national and county governments) must be complied with and correspondingly that Parliament must debate and consider such reports within three months after receipt of an audit report. This puts the cut-off date for the consideration of audit reports at 31st March of each year and severely constrains the programme of the Senate watchdog committees. Article 124 of the Constitution vests in Parliament the power to establish its committees and to make Standing Orders for the orderly conduct of its proceedings, including the proceedings of its committees. The power to appoint members of committees and to remove them from the service of the committees is exclusively a power of the Senate and the CoG’s demand that certain Senators be removed from the service of any committee is without constitutional anchor. Hon. Senators, the foregoing notwithstanding, the request by the CoG for an engagement with the leadership of the Senate is consistent with the constitutional requirements of Articles 6(2) and 189 of the Constitution for consultation and

cooperation between the two levels of government and is welcome. Accordingly, I have invited the leadership of the CoG to a meeting with the leadership of the Senate to be held on Thursday, 26th February, 2026, at 10.00 a.m. at the Mini Chamber, County Hall, Parliament Buildings, here in Nairobi.

In the meantime, I have made it clear to the CoG that as a condition for going ahead with the meeting on the proposed date, the constitutional provisions on legislative oversight must be clearly understood to be in force and accordingly, any governor invited or summoned to appear before any committee of the Senate must do so, failing which the consequences provided for in the Constitution and the law shall follow.

I thank you.

Yes, Senate Majority Leader.

file a case before the Powers and Privileges Committee; a committee that is completely different from any other in this House.

That has happened before. Therefore, it is not the first time. Last time we had mentions of such incidences. Finally, when those members who were complaining were invited to appear before that committee, they had nothing to share. Unfortunately, they had already besmirched the House by saying unhelpful things about this particular House. That should not be allowed to continue.

Therefore, Mr. Speaker, Sir, I appreciate that you have put it on record that if any governor who fails to appear before any committee of the House as expected by law, then necessary sanctions must take precedence as expected because we cannot waive that duty on the altar of political convenience.

The last thing I want to say to you colleagues is that our duty is not a very easy one. Members of the Senate are perhaps the only members of the elected leadership positions in the country who handle no other public funds except their salary. That should never be construed to mean that we are cheap or people that can be easily enticed, so that any time people interact with us, if somebody asks difficult questions, then you believe that maybe there is something they want from you. That is not an accurate representation of who we are as a House of Parliament.

Therefore, Mr. Speaker, Sir, I register my appreciation to you and to the leadership of this House for that very wise decision. Let them appear, so that they come on 26th because there are many difficult questions beyond---

For the record, I have been an advocate saying that I do not feel that the CPAC is doing enough of what needs to be done. For each of us here from the counties that we represent, there are more difficult questions being asked by wananchi and the people that we represent than what is being asked in the CPAC. It is our duty to ensure that we represent our constituents and ask the right question so that devolution succeeds.

Mr. Speaker, Sir, I look forward to that interaction on that particular day, hoping that it will put this matter to rest, so that we go back to our constitutional duty of ensuring that devolution succeeds in the Republic of Kenya.

I thank you.

House, the former Minority Leader of this House, the former Majority Whip of this House, the former Chairperson of the CPAC and the former Minority Whip of this House.

We would have expected that over the years, relationships between governors and the Senate would improve. Indeed, the Senate is fulfilling its end of the bargain. Every year, we are engaged in conflict with the National Assembly and the National Treasury as we fight for more resources to go to county governments.

Mr. Speaker, Sir, this year, we have committed ourselves to transfer not less than Kshs450 billion. When I looked at the dispatch from the Cabinet this week, I think the figure the Presidency indicated to go to county governments is Kshs495.7 billion. Just a few billions shy of Kshs500 billion.

Now, that is the work of the Senate. We have delivered our bit of the bargain. Can the governors not just style up? Can the governors not just take a day, we are not calling for a week or month, to account for how they are using those resources?

Mr. Speaker, Sir, if we do not stand up for this House, today it will be Kajwang chairing the committee, tomorrow, it will be my brother, the Majority Whip, chairing the committee. If that sword of Damocles coming from the CoG is not severed, then, this House will not be able to do anything.

In a properly functioning financial system, when you are given money, you account for it before you get more. Over the last 10 years, we have not done so. It is time for us to come up with a framework where, if you are giving counties Kshs495 billion, they must account for it before they come for more. That must be the insistence.

Mr. Speaker, Sir, I thank you, the Chair, and the leadership of this House for not reducing this to an individual problem. You reached out and spoke with those of us in the CPAC and CPISFC. You told us not to go on the defensive because it is not us, as individuals, but a coordinated attack on the institution of the Senate.

Mr. Speaker, Sir, you, and the leadership and all members of this House have spoken in unison. Allegations have been made against us; allegations that have not been substantiated and supported by evidence. The rules of debate in this House are that if you cannot substantiate an allegation, you withdraw and apologise. Members here have never hesitated to invoke that particular Standing Order. I challenge the accusers that if they have evidence, let them do it in a proper manner and substantiate. If they cannot substantiate, let them withdraw and apologise. The damage has already been done.

On the other hand, we as Senators, the evidence of theft in county governments is documented. It is in the reports of the Auditor-General. In Tharaka-Nithi, Kshs35 million was used to buy an incinerator. The EACC has recommended that the Directorate of Public Prosecutions (DPP) press charges, but nothing has happened.

Mr. Speaker, Sir, let us put it in context because we just throw around numbers. For an average Kenyan earning Kshs30,000 a month, Kshs35 million is his salary for 97 years. In the County of Vihiga, Kshs5 million spent on housewarming is not our invention; it is verifiable in the audit report and the documents of the County. For a Kenyan earning Kshs30,000 a month, that is a salary for 14 years.

In Bungoma County, Kshs3.9 million was spent on lighting a Christmas tree in September. I am happy that the EACC has swiftly swung in to investigate the matter. For a Kenyan earning Kshs30,000, Kshs3.9 million is his salary for 10 years. In Mandera

County, Kshs55 million was spent on seedlings during a period of drought. For a Kenyan earning Kshs30,000, Kshs55 million is a salary for 152 years. None of us is going to live long enough to earn that kind of money. In Embu County, Kshs10 million was used on a boda boda event. For a Kenyan earning Kshs30,000 a month, Kshs10 million is a salary for 28 years.

Kenyans need to be outraged by the kind of reports, stories and revelations that come out of these Senate committees. What do our governors do? They are the proverbial thief who turns around and accuses the pursuer of being the thief. We have had two weeks of exposures; not our invention, not fiction, but based on audit reports.

What are the governors trying to do? They are trying to deflect attention and make the Senate look like they are the thieves, yet, they are the ones with documented evidence and proper reports of theft.

Mr. Speaker, Sir, in conclusion, I have never seen a situation where you go to court and the suspect insists on empanelling the bench. I have never seen, even in my football days, where the players decide on the referee. It cannot be that the CoG wants a user-friendly committee.

I pray and I have firm conviction in your leadership and the leadership of this House that you are not going to accede to that request. If it works in Parliament; today, it will be the governors and tomorrow, it will be the President making a call. Once they are done with Parliament, they will go to the Judiciary and the constitutional order, as you know it, will completely die. Let this baby not die in our hands.

I thank a few counties that are outliers. They have said that they have read the Constitution and the County Governments Act, and they know that when we invite them, we never invite a mongrel called the CoG, we send invitations directly to governors and counties.

Narok County appeared before my committee yesterday, while Kitui and Laikipia counties appeared before the CPAC. My advice to the governors is that; we are going to fight for you to get Kshs495.7 billion, but please, just take a day or two to come and tell us how that money has been used, how it is impacting the lives of the people and we shall be good. Any other matter will be sideshows that we, as a Senate, will not tolerate.

Thank you, Mr. Speaker, Sir, for your steadfast support. I guarantee this House that we shall continue doing our job in the CPAC. If you give us that opportunity, we shall be very firm but also fair. We shall be mindful and respectful but where there is evidence of theft of public resources, we shall call them out, identify the thieves and tell EACC to deal with them.

I congratulate the IG of Police because he is an appointee of this House. He appeared before my Committee today and confirmed that he agrees that Article 125 puts him in a position of responsibility to produce governors. His conclusion was that, if a governor refuses to come to the Senate, we just need to write to them and tell them the date and the time when we need that governor and they will produce that governor within 24 hours.

Thank you, Mr. Speaker, and the House, for standing for the institution called the Senate.

wako ambaye anaonekana shupavu na mwenye nguvu. Kwa hivyo mchakato wote huu unaona wa magavana, umewalenga wale watu wameona wanaweza kusimama na kuongea bila uoga. Ukiangilia waliotajwa, utajua ni watu ambao wanaweza kusimama na kuongea. Wanatakiwa kwanza watolewe hapo ili ionekane kama kuna udhaifu. Wanataka gavana akija asalimiwe, baadaye tuwe na maombi halafu anabarikiwa, anakunywa chai na anaambiwa, nenda nyumbani salama na umsalimie mkeo. Tusikubali hayo.

Asante sana, Mhe. Spika.

teachers will say, they did not receive those bursaries. You go to health facilities, they will say, they did not receive that money.

Let us go to Vihiga County. There are missing project files and adjustments, heavy bursaries and work programmes. Now, the icing on the cake. Tharaka-Nithi, there is sequential voucher alteration, post-submissions to cover malfeasance or wrongdoings. If the county governors, who are tasked with the fiduciary responsibility, are not willing to be accountable, what exactly are we talking about here? Why should we even be standing here and fighting for Kshs495 billion to go to counties?

Most of those governors, I dare say, were hustlers. They lived in apartments in Nairobi. However, today they live in manicured mansions, travel in helicopters, fleet of vehicles, and they dare point a finger at this House which is supposed to be oversighting them. Shame on them. Accountability or being called to account for what has been sent to you is not harassment.

Today, I want to tell these governors, you are bringing this to yourself. You traversed your counties and asked for the citizens to vote for you. Do you think that the privileges that we have now--- Earlier, we were talking about gangs that are coming up. They are coming up because you cannot sit down there and look at your County Integrated Development Plan (CIDP) and say, I have a problem here. The only thing you can say is that I do not want to be harassed. Harass my foot. You need to grow some thick skin to know that those who are given so much, a lot is required from them.

Mr. Speaker, Sir, I am glad that you have pointed out that under Article 125, and it is in your communication, the word is not please, it is a must. I invite the governors to take the Constitution and re-read Article 125, and to read the Statute, the Parliamentary Powers and Privileges Act, Section 19. I know earlier we were talking about, you know, maybe adjusting the figures. I heard my colleague saying, I would rather not show up and pay the Kshs500,000, which I will be penalised. It is about time that we do not treat any statute as static. It is about time that we looked into the consequences, intended and unintended, in terms of our legislation, to guarantee accountability. It is wrong to say that because the fine is Kshs500,000 and that money is not your own hard-earned money, you could get it from public coffers and use it to pay a fine.

Mr. Speaker Sir, I want to conclude by saying this. Every governor out there must uphold the fiduciary responsibility. Remember that today, you are there. Tomorrow, most of them will be crying to come to the Senate. I want to tell you that the CoG will not defend you when you go to court. In fact, the courts have already upheld the position of the Senate and they have already made a determination that the CoG cannot defend issues of fiduciary responsibility.

The CoG can talk about devolution. They can come together and say, “let us lobby the Executive, let us lobby Parliament together for more money to go to our counties.” I remind them that the CoG will not be there when you are being prosecuted, when you are being asked to account for the money that you have been entrusted a fiduciary responsibility.

In fact, most of them will be saying, “hey, even me, they are coming after me.” So, the EACC, the ODPP, it is upon you. Let us not, for the sake of future generation turn those audit reports to just documents that the Auditor-General has spent so much money and manpower to unearth the rot; and the malpractices happening in the counties and

just keep them to collect dust. Let us now take it upon ourselves to make sure that we call these governors to account.

Mr. Speaker Sir, as I sit down, I thank you for reiterating the issue. I want to spell it out that the only time that we will be willing to sit down and discuss issues to do with accountability, issues to do with treatment, maybe making sure that when you appear, we do not waste so much time is when you continue attending these sessions. The Senate cannot stop you from coming. This is a constitutional requirement that you must respect.

It is very absurd that if is you go to the committee such as CPAC today, you will find that even the Chairperson of the CoG is writing letters requesting for more time, so that he can appear, but then he is parading governors saying they shall never appear. He is still talking to the committees, saying “give me more two, three days, so that I can appear and clear myself.” There is no genuineness in this matter.

If you scrutinise all these governors who are in the press conferences, you will see that they have been Members of Parliament. I do not want to mention their names. If you scrutinise them, the counties have been mentioned here by my colleagues, two or three of them have been legislators and they have beef. Maybe I do not know whether they did, but they did not perform when they were serving this House or the “lower” House, the National Assembly.

I served with some of them also in the National Assembly. Others served with other colleagues such as the Chairperson of CPAC in this House, including the Speaker who used to sit where you are sitting. I do not know why Members who have served in the legislature are more aggressive than those who have come from other quarters to become governors.

Mr. Speaker, Sir, I am happy that you have given very good guidance. You are also very magnanimous that besides trying to suspend committees, trying to say they will not appear, you have also given them a date to appear before your leadership and this is a good thing.

This afternoon, the Majority Leader has tabled so many other reports from the Auditor-General, going to the counties, going to CPAC, others to CPISFC. When they say they will not be appearing before the Senate, where shall we take these reports that are being read here every afternoon by the Majority Leader? Do they want us to close the Senate and go home? I have said it again, even this week; that governors have no option. If you do not want accountability, resign and go and do your personal business because you will have no public scrutiny.

I think the Chairpersons of CPAC and CPISFC, you have been so lenient with these officers, state officers. Put your best foot forward from today. Just bring reports. We have been asking you, the Chairpersons, why not give us the governors who have misused public resources?

Every audit cycle, even after March, the deadline, just table a very clear report, so that we can discuss them properly with your findings because you have been sitting and summoning them. Table your findings from the committees in this House, so that in March we can discuss those reports and see the rot that is in the counties.

The Governor of Meru appeared before CPAC. I was with Senator Mwaruma, the Vice-Chairperson who was the Chairperson of the session and we went through the reports. We saw grey areas. We then said this should be improved. For instance, there are some instances where approximately Kshs700 million was used on the Mechanical Transport Fund (MTF), yet nobody knows where it went. There is no documentation on the roads that were done. So, we have said we want the auditors to do special---

Surely, I do not know what these governors are thinking. Now that they are saying they will not appear because they do not want so and so sitting in a committee, are they also suggesting that the President should one day wake up and say, because Sen. Wambua says “one term” all the time, I will not appear before Parliament if Sen. Wambua is still in Parliament? What kind of thinking is this?

Governors, wake up and smell the coffee. This is not a suggestion. We are not even pleading with you to appear. Honestly, we should not plead with any governor to appear before a committee of Parliament. If they choose not to appear, then so be it. The Constitution is clear on what we do as Senators sitting in committees of Parliament, especially the oversight committees, that is, the Senate’s CPAC and CPISFC. Ours is just to consider and debate the report of the Auditor-General.

That is all we are called upon to do. Mr. Deputy Speaker, Sir, I keep asking myself, if and when a governor appears before a committee and the report of the Auditor-General says that this governor has spent Kshs5 million for a housewarming party, what are we, as Senators, expected to do? Are we supposed to overlook that report or are we supposed to clap for them for spending that money for a housewarming party? When a governor says that we have spent Kshs10 million from the County Aggregation and Industrial Park (CAIP) Fund to do a boda boda event, and it is in the report of the Auditor-General, what am I, as a member of the committee, supposed to do? Should I tell the people of that county that that money was used prudently? When a governor appears before an oversight committee of the Senate, and in their own words admit that it is true that they have employees who are working long after their contracts have expired, what are we supposed to do?

Mr. Deputy Speaker, Sir, what I am trying to say is, for us as a Senate, we shall be guided, and shall base our interrogation on the reports that we receive from the office of the Auditor-General. If any governor has a problem with any Senator, for whatever reason, there are channels that are open for redress. There is a procedure that is open for anybody, not just governors, to raise their concerns with whatever behaviour they think is unbecoming of whichever senator.

Mr. Deputy Speaker, Sir, governors want to come together and list names of Senators, assassinate their characters and expect that after doing that they will get a meeting with the leadership of the Senate. To discuss what? I thank you for the decision that you have taken. That before any such meeting happens, the governors must demonstrate goodwill and good faith. They must be seen appearing before committees of the Senate. They must withdraw the letters they have published in the social media and sent to the Speaker. They must apologise and withdraw the remarks they have made against individual Senators, assassinating their characters without reason.

Mr. Deputy Speaker, Sir, in conclusion, when I woke up in the morning to come here, I was a bit disturbed. I knew I was coming into a leadership meeting and did not know what decision the leadership of the Senate was going to take on this matter. I want to go on record that I will go home a very happy Senator. The leadership of the Senate and the entire Senate of the Republic of Kenya have reaffirmed their faith---

asking the governors of this country that they are here for a period and a season. Do what you ought to do and give us peace as Kenyans.

Someone said that if Senators go out to counties, it is called, “county tours of oversight”. Then a governor tells you, as a Senator, you have no right to inspect programmes and projects on the ground. He is simply telling you that you are not a voter nor a Kenyan. Any Senator can visit any programme or project anywhere to confirm if it exists, unless the governor was ferried from a country not known in this world.

We are telling governors that we are going the extra mile to confirm the projects we see on paper, whether they are reflected on the ground, the quality of work and whether the people were involved. We have a scenario where people just sit in an office and decide to put Kshs30 million for porridge because the children look malnourished. When you confirm from the factory versus what is in the cup, these people are behaving like the proverbial Ananias in the Bible. We have to catch up with them and stamp our authority.

I request the Senate to invite the Ethics and Anti-Corruption Commission (EACC) on these damning reports we are reading and presenting to Kenyans every day. Last year, when I was a Member of the County Public Investment and Special Funds Committee (CPISFC), we looked at the Bursary and Scholarship Fund of Bungoma County. Millions of shillings could not be accounted for.

The Chairman requested the EACC to do a forensic audit, but they have not. My governor says since the EACC has not given a report, they cannot pay. However, I saw in the books for the Financial Year 2023/2024 that there was money for bursaries and scholarships. I do not know where it went.

My friend, Ken Lusaka, I am coming for you. You must be held accountable. As you enjoy declaring success stories, I was voted to oversight and raise grey areas affecting the people. No governor in this country can dictate which voice, tune, rhythm or speed Senators must execute their work. You must simply come with your books of accounts. If you have made a mistake, say “I am sorry,” and state within which span you will correct it.

Hon. Deputy Speaker, let me stop at this point and assure Kenyans that we are united to defend, propel and make people benefit from devolution. They should not suffer and regret why we voted for this new Constitution.

Thank you.

Mr. Deputy Speaker, Sir, when you see governors complaining and getting worried, it is simply because this House has worked so hard to ensure that we are dealing with the current reports and ensuring that the governors respond to the issues while they are in office, not to come and respond to the issues of the previous governor who was there. That is where the fear is.

We interact with these governors and some of them have been telling us, “you are too fast, why can you not delay, so that someone else will come and answer my queries?” These committees must be celebrated by Kenyans for being current.

It is so surprising that the governors who expect us to give them more money are the ones who are trying to derail our work. As you are aware, the same counties are the ones who went to court. The officials of Nairobi City County Assembly went to court to question the report by the County Assembly of Nairobi City, the Alcoholic Drinks Fund. That report was done outside the timelines defined under Article 229 of the Constitution, which requires that three months after the Auditor-General has presented the report before the House, the House must dispense with that report in three months.

As a result of that court ruling, the Speaker of this House directed that we must comply with Article 229 of the Constitution and this House has done so well. Members of these two committees have been here since the second week of January, trying to deal with this report, so that they beat the deadline, but the governors have been busy going for holidays, going for retreats, lying beside the beaches as we work, only to come out and start saying that the Senators are harassing them and extorting money from them. This tells you how the priorities in our counties are misplaced.

I want the governors to understand that if this House complies with Article 229 of the Constitution, it means we will be up to date and, therefore, they would rather work with us, so that we can compel the National Assembly to adhere to Article 203 of the Constitution that requires that while computing the shareable revenue, you base it on the most current audited reports. That cannot be done if they do not support us.

So, this is not the time for our governors to take us through the mud, but to support us, so that we comply with the provisions of Article 229. This is so that they can get more money; in fact, more money than Kshs495 billion that the national Government is proposing.

Mr. Deputy Speaker, Sir, in my committee, the County Public Investments and Special Funds Committee, we have noted numerous issues in our counties. The water companies in our counties; 95 per cent of our water companies are actually insolvent. They are not making profit. They are not making any money, and they have high non- revenue water, meaning that more than 50 per cent of the water that they generate is not accounted for, but that is the money that is taken into people's pocket.

If you go to municipalities, 99 per cent of the municipalities in all the counties have not been operationalised. They are not autonomous as required by the law, the Urban Areas and Cities Act. The governors have been appearing before us year in, year out, and they promise they are going to do something about it, but when they come back, they have done nothing.

Mr. Deputy Speaker, Sir, every year, this House appropriates money, the County Additional Allocation money from World Bank to support these municipalities and this money is not accounted for.

If you look at the funds, most of the funds that have been established in counties are conduits for corruption. Notoriously, there is a fund called Enterprise Fund, where they put in money and they cannot account for that money. They cannot tell you who they have given those loans and how they are going to recover. This is nearly in all the counties. Bursary fund in our counties is money that is supposed to be helping our children, but most of it is misappropriated. Most hospitals that we review the audit reports have issues of accountability. These are the issues that we raise with the governors. All they can say is that we are harassing and intimidating them.

I am happy they are complaining. They are complaining because the Senate is doing its job. We are making them accountable. We are stopping them from stealing and I want all Kenyans to hear us very loudly that indeed, the Senate is working for the people of Kenya.

Governors complain that my committee is inviting them multiple times. We are inviting them multiple times because they have created unnecessary funds in the counties, they have a lot of issues in hospitals, municipalities and water companies, and they are not responding to those issues that we raise.

Within this short period of three months, from January to end of March, my committee is supposed to process 560 audit reports. If you divide by the 47 counties, then you note that averagely, each county has 12 reports. The governors are telling us that they want us to process 12 reports in one sitting. We are not there just to touch and go; we need to interrogate issues which are in those reports.

Mr. Deputy Speaker, Sir, we came up with a formula and said, because of the need to beat the deadline, we will do four reports per sitting and, therefore, each county is supposed to appear before us three times. They are now complaining that they will not come to our committee three times, but they will only come once. That is one way of avoiding the audit issues that are raised in those reports.

We have made a decision as a committee that any governor who will fail to appear before us we will surcharge him for the cost of that meeting; and, we will adopt the report of the Auditor-General as it is and recommend prosecution of the officers involved where there is misappropriation of funds.

A significant number of counties have not been complying with the Public Audit Act that requires that they submit financial statements. The law says that if you do not submit financial statements, then three things can happen to you. They include imprisonment for a period of five years, a fine of Kshs5 million, or both.

We have been very lenient on this because we want to have a mutual engagement with governors. However, as a committee, we have decided that for any county that has not submitted financial statements to the Auditor-General for audit as required under the Public Finance Management (PFM) Act and the Public Audit Act, we will apply the law. Moving forward, we will recommend imprisonment of those accounting officers or fine them Kshs5 million.

I also want Kenyans to understand that the Senate makes recommendations for investigation and prosecution. However, our two constitutional offices, that is, the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) need to do their job. We need to see them taking people in, so that

we do not have these people playing around with us. They know that we make recommendations, but they play their games around the EACC and avoid the law.

Mr. Deputy Speaker, Sir, one of the things we need to do is to call the EACC to appear before the Committee of the Whole to explain to us why they do not take our recommendations to investigate and why the ODPP does not prosecute the governors involved. This is a very serious matter. Now that the two committees are working so hard to process the reports of the Auditor-General for the Financial Year (FY) 2024/2025, I request the SBC to consider the last two weeks before the deadline of 31st and spare that time, so that we discuss audit reports for each county because we have adequate time. We can suspend everything else and deal with county by county so that Members can appreciate the kind of plunder, mismanagement and violation of the law that is happening in our counties.

I heard the communication by the Speaker. Moving forward, we should deal with individual counties and not the amorphous body called the CoG. The CoG is proving to be a criminal enterprise. That is where they collude on many issues against the people of Kenya. We should deal with individual counties because when we appropriate money in this House, we give individual counties and not the CoG. The CoG is not even in law. Why are we bothered about them?

Even as they said that they will not appear before the committees of the Senate, some governors are appearing. Some have even called telling us that they want to come on certain dates. It is just a notorious group of governors who think they are bigger than life or they are small gods who should not appear before us.

Governors who are vocal about what the Senate is doing are the same ones who have issues with our committees. The Governor of Wajir, who is a Fellow of the Institute of Certified Public Accountants of Kenya (FCPA), is also the Chairperson of the CoG. I would like to challenge him. Why are there so many issues around entities in his county, yet he claims to be an FCPA? There are a lot of financial misreporting in water entities and even hospitals in Wajir.

Mr. Deputy Speaker, Sir, we need to be firm and we should not be intimidated. As the Chairperson of the County Public Investments and Special Funds Committee, I will not be intimidated by any governor. We are going to do reports based on facts, examination of those reports and deliberations in our sittings in a free, fair, but very firm manner. Hon. Members, I urge you to support the two committees, so that we can have proper governance in our counties.

Sen. Wakoli also raised an issue about intimidation, that Senators are facing regarding graft. Governors have the audacity to convene rallies with their officers and condemn Senators because of our work here. I think we also need to look at the conduct of some governors.

Where I come from, which is western region, the governors are not working. They have started early campaigns. All the four are in the campaign committees. We have Governor Lusaka, Governor Ottichilo, Governor Barasa and Governor Otuoma. They have already started campaigning for seats in 2027 because of a particular presidential candidate using county money. That will not be tolerated. Senators from the region will not allow them to use county money to campaign this early. They should focus on delivering services to the people of their respective counties.

Mr. Deputy Speaker, Sir, I would like to urge governors to work closely with Senators because we are the ones who appropriate money to them. They should not start fighting us or appear like they want to intimidate us by telling us when to come and when not to.

It is sad that some governors who are promoting that practice have been Senators here. I am surprised about my good friend, Hon. Mutula Kilonzo Jnr., whom I have respected for years. Today he was supposed to appear before the County Public Investments and Special Funds Committee, but wrote a letter saying that he will not appear because of the decision of the CoG. I am wondering about that because he is a lawyer. The CoG is an amorphous body. Why is he making reference to the CoG, yet he knows its legal standing?

We are serving here as Senators, but maybe in future, we will be governors. I pray to God that I do not be that kind of a governor. I will be a governor who respects the Senate. I will be a governor who understands the constitutional role of the Senate. You should not change goalposts and say that since you are on the other side, you now disregard the Senate.

Some governors who are making noise want to become Senators. How will they work as Senators when they are busy ridiculing this House? The governors for Wajir, Tharaka-Nithi and many others want to become Senators. How will they do their work if they are elected as Senators and find that they cannot do their oversight role because of what they did when they were governors and having been against the Senate and, therefore, they face challenges?

I want to encourage the House. Let us spend quality time to review the reports and debate them before expiry of the 31st March deadline.

Mr. Deputy Speaker, Sir, I support the Communication by our Speaker and thank him for his firmness and refusing to be intimidated by anyone. I also urge His Excellency the President because I know some governors run around the President for protection. Mr. President, hear us Senators. You should look at what some governors who move closer to you are doing in their counties. Look at the audit reports that are before this House and let them serve the people of their respective counties in a fair, transparent and accountable manner.

Mr. Deputy Speaker, Sir, I support.

misappropriation of our funds; they were waiting to see her being asked the questions that they have been asking and how she was going to respond.

I know she is in China on her private matters, not on official duty. She was given the letter to appear before the CPAC more than a week ago. If she were serious, she could have left whatever she was doing wherever she was and come to respond to the people of Nakuru, because these committees ask these questions on behalf of the people of those counties.

Mr. Deputy Speaker, Sir, there are a lot of queries that these governors need to answer to the people. I know I have been at the forefront of doing oversight of our county. Today, if I talk to the governors who appeared on television demanding unconstitutional things such as Senator’s resigning, I would ask them to resign themselves because they do not deserve to be governors in this country.

If you look at the Auditor-General’s or Controller of Budget (CoB) reports, you will see that Nakuru is one of the counties that has not done any development for its people. I was really waiting for Her Excellency to come because the CoB says in that report that only 0.9 per cent of the budget has been put aside for development for the people of Nakuru. That is about Kshs90 million, yet this is a county that has a Kshs26 billion budget annually.

In the same CoB’s report, you will see that our county is operating 311 accounts in commercial banks that have not been approved by the CoB. You will see that our county’s own-source revenue potential from the Commission on Revenue Allocation (CRA) is about Kshs10.9 billion. When Her Excellency came to office, she found the previous regime collecting Kshs3.9 billion; she dropped it to Kshs1.6 billion.

Mr. Deputy Speaker, Sir, in that report, she says that she collected only Kshs700 million in the last financial year, in a county that has the potential to collect own-source revenue of Kshs10.9 billion. We have 15 revenue streams and only two streams can collect over Kshs3 billion. Today, Her Excellency says that she collected only Kshs700 million. That is why the people of Nakuru wanted our governor to appear before the CPAC, so as to answer those questions on misappropriations of funds.

Now, what our governors are trying to do is gag us, so that we do not talk just like they have done to our MCAs, who are in the first line of oversight and refuse to do their job. They think they are in control of our country.

When we push the revenue to go to our counties, they do not want to be asked any questions. As one of our Senators has said, their work is now to go sunbathe in Mombasa while some fly to America. As you all know, that is what ours normally does now and then. Even the people of Nakuru County call her the Governor of Aviator. We will not allow that.

I am very happy with our Speaker for agreeing to support us and ensure that this House is not intimidated or threatened by governors who have been put in those offices by the same people who also put us in this House to push for revenue to go to the counties and also do oversight. As one of the Senators has said, I go home very happy knowing that we have agreed to stand up for our people.

Senators, you may not know, but we are the only hope now remaining for our people. Our governors, MCAs and MPs have let our people down. It is only the Senators

who have stood with our people. I know when the time comes, we will bring the score cards and they will see the work that we have done for them.

Mr. Deputy Speaker, Sir, you can see that we pushed for Kshs425 billion to our counties and now, we want to push it to half a trillion, yet these governors have the audacity to tell us what to do and what not to do. They better do the work that they were given by the people and let us do the work that we were given by our people. We know very well that when we push for that money, we also have to ensure that we oversee it, to ensure that development is being done.

Senators, let us keep on. Let us not allow these governors to think that the money they are given belongs to them. When the money they are given hits their accounts, it gets to their heads. They think they can push around everybody in this town. As Senators, let us stand firm; ensure that we work for our people and push for that money to do development.

If there is any department that has let this Kenya Kwanza Government down, it is our governors. The public does not know who puts medicine in the hospitals and makes roads, they think that everything is done by the national Government. They do not differentiate the mandate of the counties and that of the national Government.

That is why you see that in some areas, the Government is suffering and opposition is taking advantage of that. They do not want to tell the people that it is their governor who has used the money that is supposed to put medicine in these hospitals.

I agree with Sen. Osotsi that even when the President comes to the ground, he should be careful with whom he works with. The proper mirrors to check on our governors are the Auditor-General’s and the CoB’s reports. When you see that you are working with a governor who is operating with 311 commercial accounts in a county, you know straightaway that it is corruption and corruption is written on her back.

In Kikuyu, there is a saying that goes, “if you walk with a thief, you also will become a thief.” When His Excellency, our President, comes to the ground to do his work and launch his projects, he should ensure that he is not working with those governors, because they are letting him down. We know very well that the President is working; it is our governors who have slept on the job. You can see that now they want to push the Senators out of the job that they were given by the people.

Mr. Deputy Speaker, Sir, thank you so much for standing with this Senate because if this Senate is shut down by the governors, this country will be thrown to the dogs, and we will not allow that.

So, at that particular moment, even in the High Court situation, the courts use the police and that is why I am very happy that the Inspector General appeared before the Senate Committee this morning and gave his commitment to adhere to Article 244 of the Constitution. He said when he is called upon to enforce arrest of a governor, he will do it with immediate effect. Not only when we give reports of corruption, when a governor commits a cognisable offence, the police should move suo moto without being moved by anybody, investigate that governor, either through DCI or the police itself, arrest that governor and charge them.

In the event of a conviction and to the highest level of appeal, then the governor has to vacate office. So, there is no governor who is above the law. There is no governor who can purport that they are going on strike. In fact, not every governor is bad. There are very many cooperative governors despite a challenge or two; Governor Anyang’- Nyong'o comes to this House when he is summoned and he comes very early. He arrives on time, he is very ready with his paperwork and his team, he answers all the questions, and I have never heard him being accused or complaining of having been asked for a bribe or extortion. In fact, most governors who have been Senators have performed very well.

I am however surprised by my own Governor, Mutula Kilonzo Jr. When I heard a letter this morning read that he is seeking to be excused for today in compliance with the Council of Governors (CoG’s) protest. I tell him that the protest of the CoG, unfortunately, is unconstitutional and will be dealt with by the law. So, I advise him the next time he is summoned, he appears and abandons the corrupt governors to face the law as it is.

In fact, I dare say that we are personally going to make sure that the Constitution and the provisions of our Standing Order and any other law applicable to this situation is implemented. Now, for a governor who has been invited and they did not show up, I really want to ask the Clerk to summon them. Once they do not honour the summon, then we will proceed to write to them to pay the fine by law. If they do not pay the fine then they will be in breach of the law, then we will officially write to IG Kanja citing this governor for contempt of this House and asking them to arrest and present them before us. Therefore, in fact, there is a pending request now for the Governor of Samburu to be arrested and to be presented before the Committee.

There are quite a number of governors who appear. They are clueless of what they are doing. For every question they are asked, they turn to their Executive, who also have something to hide. A good example is cited of the Governor for Mandera, who allegedly was hosting the President today. The Governor of Mandera could not be able to explain to the Committee the use of Kshs65 million which is purported to have done seedlings. The climate conditions of Mandela are known. If there are seedlings of that nature which have been prepared or bought for farmers to be planted, whether for mango or whatever plant along the rivers, can be accountable. This Committee should be able to go with this governor on site and show us where these seedlings are and count them one by one. If they do not, then we hand them over to the police. Therefore, there is no one above the law.

If you are willing to be extorted or if you are willing to give a bribe, it means you have a problem. I have not known Governor Anyang’ Nyong’o to give any bribes or to

complain of any extortions. He does not bother about it. He is not the only officer in government who presents perfect work. There are quite a number of officers in government who are good with their job. We want the ones who have a problem to emulate the good ones. A lot of monies now are unexplained from the counties. A lot of monies are unexplained for those governors who have already joined the band wagon and are using their monies to fund activities of political parties. They are also using these monies to fund presidential campaigns, too early presidential campaigns. This money is meant for the counties. Even the national Government, we really push it to get the allocation. We really push them to send the money in time.

Up to now, there are many counties without roads and water. There are so many counties which have dirty hospitals where there are no incinerators to burn the effluent from the hospitals, which is very dangerous. The hospitals are dirty. The materials and beddings used by patients are very dirty. In fact, such hospitals are even a death trap to people who go there. A governor who does not even visit that hospital dares say that we should not visit counties. Today, the IG has offered to give us full security when we go to apprehend governors in their counties, when we visit, when we go to inspect, so that no Senator will feel intimidated. Any governor who obstructs justice should be charged with immediate effect with obstruction of justice, so that the governors can account for the monies given to them by the public. This is the work of Senate.

As I conclude, because I know other Senators want to contribute, the Senate is the last line of defense of this country. The governors have intimidated quite a number of counties or colluded with them, and counties are not doing their jobs. We really want county assemblies and the Senate empowered, so that devolution can work in this country.

Mr. Deputy Speaker, Sir, I thank you. Let me yield, so that other Members can contribute.

They are naming the four of us because we do not tolerate mismanagement of public funds. When a governor buys Kshs3.6 million worth of Christmas tree, does he want us to clap and give him a standing ovation? When a governor purchases Kshs55 million worth of seedlings in Mandera, which is a dry area, does he want us to clap for him? When a governor does a speaker’s housewarming party in Vihiga County, where there are no drugs in hospitals, does he want us to clap for him? When the Governor of Nandi, Hon. Sang, uses Kshs41 million to do car purchases and hire services for personal escapades, does he want me to clap for him? No, we will resist!

I was embarrassed by the Chairperson of the CoG, Governor Ahmed Abdullahi, who read the communique. Can you believe that in Wajir Town today, as we talk, there are people hired to collect toilet waste every evening and he has the audacity to lecture some of us? Can you believe that in Wajir Town there is no dumping site, and he does lecture us, as a CoG chairperson?

In Wajir, he was using Kshs195 million on travel for personal escapades in Dubai, South Africa and America, yet he puts only Kshs100 million to relief services in a county affected by drought. He has the audacity of using close to Kshs200 million for purchase furniture for the office of the governor according to the Auditor-General’s report, yet he gives Kshs100 million only to emergency services. I do not know whether the seat has massage function or whatever.

Wajir has a pending bill that grew to Kshs5.5 billion, which is on statutory deductions. I appeal to the EACC to move with speed, investigate and prosecute the Wajir County Government and the Governor. For those of us who are lawyers in this House, we know that when you deduct and do not remit, that is theft of Kshs1.5 billion.

Mr. Deputy Speaker, Sir, it is embarrassing that these people are calling us thieves, so that they can run away. In town when you catch a thief, his accomplices call you the thief as the real thief disappears. We warn them that accountability is not a privilege or a favour, but a constitutional obligation.

As I conclude, there are three things I want to request of Kenyans: Do a citizen arrest of any governor who refuses to appear before the Senate. That is what the law provides. I appeal to my people of Nandi, whenever you spot Governor Sang, do a public citizen arrest; bring him to the Senate. The same case for Makueni and Meru--- if he refuses, but at least he came.

Number two, when we will be tabling a report, we need to declare some of these governors as unfit to hold public office. Article 226 (5) states as follows-

“If the holder of a public office, including a political office, directs or approves the use of public funds, contrary to the law or instructions, the person is liable for any loss arising from the use and shall make good the loss, whether the person remains the holder of the office or not.”

I warn governors that as they speak; as they yell, as they call themselves excellencies, Article 226 (5) of the Constitution of Kenya is waiting for them and they should be punished.

Finally, for those governors who are seeking re-election, I appeal to the Kenyan voters, punish them by chasing them away to their homes and get people who can be held accountable.

With those many remarks, I will not be intimidated; I will not be blackmailed. We shall soldier on.

Aluta continua. I yield back.

Licha ya hayo, kaunti hizi bado hutaka muda Zaidi. Wanakuja hapa na kudai hawakuweza kutengeneza ripoti fulani kwa kukosa rekodi na vizingizio vingi wanavyoweza kutumia kuchelewesha mchakato wote wa kazi ya Kamati hizi.

Wakati wa kubembelezana umekwisha. Wengi hivi sasa wanakuja kulalamika waweze kupewa muda lakini tuangalie kwamba Kamati inapaswa kutoa ripoti kufikia Machi 31, na inaangalia hesabu za kaunti 47.

Mhe. Naibu Spika, hio ni kazi kubwa sana kufanyika kwa muda wa miezi miwili. Kwa hivyo---

magavana wamekusanyika na kusema ya kwamba watakuja wakati hii Kamati itabadilishwa.

Bw. Naibu Spika, hiyo haitawezekana kwa sababu kwa Taarifa yako umesema ya kwamba, hakuna mkutano wowote utafanyika isipokuwa ule mkutano ambao umetaja kuwa mtakutana nao tarehe 26 ikiwa tu wao watafuatilia kuja katika vikao vya Seneti na kuleta Taarifa wanazoulizwa.

Bw. Naibu wa Spika, haiwezekani Seneti hii ni nzuri tu wakati sisi tunapigana kufa kupona kuongeza pesa zinazienda katika Gatuzi zetu. Hivi juzi tu, hata kwetu Kaunti ya Laikipia tulikuwa hapa tunang’ang’ana ili hela ziweze kuongezeka. Wewe na maseneta wengine mliniunga mkono na hela zilizoenda Kaunti ya Laikipia zikaongezeka kwa shilingi milioni mia saba. Hizi ni pesa zilizoongezwa kwa kaunti ambazo zilikuwa zinapata idadi kidogo ya hela kama vile Lamu na Nyandarua. Walakini, wakiambiwa wawajibike kwa zile hela wanaanza kuleta vijisababu na kusema hawawezi kuja, wanaitishwa hela na kutukanwa.

Ningetaka kuwaambia magavana kuwa wafuate sheria kwa sababu katika Katiba ya Kenya Kipengee cha 125 kinasema ya kwamba, Sentei hii inapaswa kuita mtu yeyote awe ni Gavana au nani ili aweze kuulizwa maswali na kuleta ushaihidi ambao unahitajika bila kupeana vijisababu.

Bw. Naibu Spika, baada yao ku---

CoG, did they not bother to give more information to the public because corruption has riddled our country and it is important for leadership to take responsibility for statements issued, especially at that level.

If a governor has been extorted by Senators, do they know the names of the people who extorted them? Do they know the names of the Senators? If they do, did they give the money they were being extorted? How much did they pay? What was the source of the money they paid to the Senators? Have they reported to the Ethics and Anti- Corruption Commission (EACC) or to any other agency of extortion that is existing within that Committee? It would also be sad to think that the Committee would be extorting. However, is this the most responsible reaction to a problem if there exists one? I would say this, if the CoG is serious about the claim and the allegation of extortion, offer more evidence, report to the right desk and seek for support and help.

To the governors, have they paid that money? If they have, why do they not come out and say, I have given Kshs2 million to A, Kshs10 million to B, and this is my support on how I have done that rather than to give a statement of that nature. I hope it will not end here, but there will be more accountability.

They have gone for a recourse to boycott this Committee, which is dispensing its constitutional mandate. Is that the response that they should have had to the problem that they were experiencing, if at all? I believe this is a wrong approach.

First of all, it is denigrating to the Senate. It shows lack of respect for a constitutional institution. This is Parliament. If governors think they can treat the Senate like that, how would they like it if, when impeachment proceedings are brought here, Senators issue a statement that anybody who comes before the Senate accused of offences, gross misconduct, abuse of office---

That is the end of the comments on the Statement by the speaker. Let us move to the next Order, Clerk.

BILL

First Reading

THE PUBLIC SERVICE INTERNSHIP BILL (NATIONAL ASSEMBLY BILL NO.63 OF 2022)

(Order for First Reading read – Read the First Time and ordered to be referred to the relevant Senate Committee) Next Order.

BILL

First Reading

THE BASIC EDUCATION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO.59 OF 2023)

(Order for First Reading read – Read the First Time and ordered to be referred to the relevant Senate Committee) Hon. Senators, I have looked at the business from Order No.10 and I can see none of the Movers is around. Therefore, we have come to the end of today’s session.

BILL

Second Reading

THE KENYA NATIONAL COUNCIL FOR POPULATION AND DEVELOPMENT BILL (NATIONAL ASSEMBLY BILLS NO.72 OF 2023)

(Bill deferred)

MOTION

ADOPTION OF REPORT ON THE COFFEE BILL (SENATE BILLS NO.10 OF 2023)

THAT, the Senate adopts the Report of the Mediation Committee on the Coffee Bill (Senate Bills No. 10 of 2023), laid on the table of the Senate on Thursday, 4thDecember, 2025, and that pursuant to Article 113(2) of the Constitution and Standing Order 167(3) of the Senate, approves the mediated version of the Bill.

(Motion deferred)

MOTION

ADOPTION OF REPORT ON OUTSTANDING BENEFITS AND MAZIWA SACCO DUES TO FORMER KCC EMPLOYEES

THAT, the Senate adopts the Report of the Standing Committee on Labour and Social Welfare on a petition to the Senate by employees of the former Kenya Cooperative Creameries Limited (KCC) concerning non-payment of outstanding terminal benefits and Maziwa Sacco dues to former employees of Kenya Cooperatives Creameries Ltd, laid on the Table of the Senate on Thursday, 27th November, 2025.

(Motion deferred)

MOTION

ADOPTION OF REPORT ON PETITION BY MR. TITUS NJOROGE ON HIS DISMISSAL BY AIC AND NON-PAYMENT OF ARREARS OWED TO HIM

THAT, the Senate adopts the Report of the Standing Committee on Labour and Social Welfare on a petition to the Senate by Mr. Titus Njoroge concerning his dismissal by the African Inland Church (AIC) of Kenya and nonpayment of arrears owed to him, laid on the Table of the Senate on Thursday, 27th November, 2025.

(Motion deferred)

MOTION

ADOPTION OF REPORT ON COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS IN MANDERA, WAJIR AND MARSABIT COUNTIES

THAT, the Senate adopts the Report of the Standing Committee on Health regarding the County Oversight and Networking engagements to Mandera, Wajir and Marsabit Counties, laid on the Table of the Senate on Thursday, 2nd October,

1. (Motion deferred)

BILL

Second Reading

THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM OFFICE) PROCEDURE BILL (SENATE BILLS NO.34 OF 2024)

(Bill deferred)

BILL

Second Reading

THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO.39 OF 2024)

(Bill deferred)

BILL

Second Reading

THE STREET NAMING AND PROPERTY ADDRESSING SYSTEM BILL (SENATE BILLS NO.43 OF 2024)

(Bill deferred)

BILL

Second Reading

THE PUBLIC PROCUREMENT AND ASSET DISPOSAL (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO.48 OF 2024)

(Bill deferred)

BILL

Second Reading

THE COUNTY GOVERNMENTS LAWS (AMENDMENT) BILL (SENATE BILLS NO.52 OF 2024)

(Bill deferred)

BILL

Second Reading

THE ELECTRONIC EQUIPMENT DISPOSAL, RECYCLING AND REUSE BILL (SENATE BILLS NO.5 OF 2025)

(Bill deferred)

BILL

Second Reading

THE ENERGY (AMENDMENT) BILL (SENATE BILLS NO.11 OF 2025)

(Bill deferred)

COMMITTEE OF THE WHOLE CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE METEOROLOGY BILL (SENATE BILLS NO.45 OF 2023)

COMMITTEE OF THE WHOLE THE CANCER PREVENTION AND CONTROL (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO.45 OF 2022)

COMMITTEE OF THE WHOLE THE TOBACCO CONTROL (AMENDMENT) BILL (SENATE BILLS NO.35 OF 2024)

COMMITTEE OF THE WHOLE THE COUNTY GOVERNMENTS ELECTION LAWS (AMENDMENT) BILL (SENATE BILLS NO.2 OF 2024)

COMMITTEE OF THE WHOLE THE NUTS AND OIL CROPS DEVELOPMENT BILL (SENATE BILLS NO.47 OF 2023)

ADJOURNMENT