THE PARLIAMENT OF KENYA

I ascertain that we have quorum. So, let us transact business.

Please proceed. The Senate Minority Leader (Sen. Madzayo) : On a point of order, Mr. Deputy Speaker, Sir.

Sen. Madzayo) :

On a point of order, Mr. Deputy Speaker, Sir.

POINT OF ORDER

ALLEGED DELAY IN COMMUNICATING TO THE HOUSE CHANGES IN LEADERSHIP IN THE MINORITY COALITION

What is it Senate Minority Leader? The Senate Minority Leader (

Sen. Madzayo) :

Asante Bw. Naibu Spika.

Which Standing Order is your point of order from? The Senate Minority Leader (

Sen. Madzayo) :

Naomba uendelee tafadhali. The Senate Minority Leader (Sen. Madzayo) : I should be heard in silence.

Niangalie mimi usisikilize chochote. The Senate Minority Leader (Sen. Madzayo) : Bw. Naibu Spika, jana tuliambiwa na Spika - na wewe Naibu Spika ukiwepo ndani ya Seneti – kwamba, hivi leo, taratibu ambayo ilichukuliwa na upande wa Walio Wachache itaweza kuletwa hapa kama Ujumbe kulingana na yale mageuzi ambayo Upande wa Walio Wachache, waliyaleta ndani ya Seneti.

Bw. Naibu Spika, ninaomba kusikizwa kwa kimya. Jana tulipokuwa hapa, Spika alituahidi ya kwamba, leo atatoa Uwasilisho kutokana na malalamishi yaliyotolewa na Upande wa Walio Wachache. Bw. Naibu Spika, wewe ulikuwa hapa wakati ahadi hiyo ilitolewa. Uwasilisho wenyewe ulitakiwa kutoa mwongozo kutokana na mageuzi yaliyoletwa hapa Bungeni na Upande wa Walio Wachache.

Katibu amesimama na kusoma shughuli ya Uwasilisho kutoka kwa Spika katika Ratiba ya Bunge. Ni kwa sababu tulipaswa kusikia Uwasilisho wa Spika. Hata hivyo, nimeona hakuna Uwasilisho wowote na umeendelea hadi shughuli ya nne. Umekosa kuleta yale mawasiliano.

Bw. Naibu Spika, ninaomba kujua kuhusu yale mawasiliano ambayo tulikuwa tumewasilisha kwako na ukaahidi kuleta haba Bungeni leo. Hivi sasa, umeenda katika kipengele cha nne.

Upande wa walio wachache hawana Kiranja wala Naibu wa Kiranja. Ulikuwa utufahamishe ili tujue iwapo uongozi upo, ndiposa tuweze kuendelea na Kanuni za Kudumu za Bunge la Seneti. Ni jambo la kusikitisha kwamba umepita shughuli ya tatu ya Uwasilisho wa Mwenyekiti.

Tungependa kujua iwapo ulifanya uamuzi wowote. Unatakiwa kuleta Uwasilisho lakini sasa ninaona kuna kizungumkuti kinachoendelea. Tunataka kujua kwa nini hutaki kutupatia jawabu. Ni kizungumkuti gani kinachoendelea hapa, kiasi cha kwamba unanyima Upande wa Walio Wachache kuwa na viongozi wanaohitajika?

Sen. Madzayo) :

On a point of order, Mr. Deputy Speaker, Sir.

Bw. Naibu Spika, kwa heshima na taadhima, jana, tulikuwa hapa na pia wewe ulikuwa hapa. Uliweza kusikia ya kwamba kuna Ujumbe ambao utawasilishwa ndani ya Bunge la Seneti kuhusiana na upande wa Upinzani na ile ratiba walikuwa wamekuletea ya megeuzi ya uongozi ndani ya Seneti inayohusika na upande---. (The Clerk-at-the-Table consulted

February 16, 2023 SENATE DEBATES 1

with the Deputy Speaker) Bw. Clerk, ni heshima kama ninaongea na Naibu wa Spika, ingekuwa vizuri ungekaa chini kwanza ukangoja nimalize alafu uende ukaulize. Heshima si utumwa.

Kiongozi wa Walio Wachache, naomba uwasilishe ombi lako moja kwa moja. The Senate Minority Leader (

Sen. Madzayo) :

Order, Sen. Olekina. You are a renowned outstanding Senator for Narok County.

Yes, Mr. Deputy Speaker, Sir. I agree.

Sen. Madzayo) :

Of course, you know the Standing Orders do not allow you to discuss, leave alone the Speaker, but the conduct of any Kenyan who is not here to defend himself.

I should be heard in silence.

Niangalie mimi usisikilize chochote. The Senate Minority Leader (

Sen. Madzayo) :

Mr. Deputy Speaker, Sir, I will not refer to the substantive Speaker in person. However, the Speaker’s Office is an institution. When we see that the institution is now attempting to investigate on the circumstances that led to the Minority side deciding to change their leadership and appointing a new leadership, that in itself leaves a lot to be desired.

This is a House of reason and union that is supposed to show high level of discipline. This House has the best legal minds. The secretariat advices us – legislators – whenever we have any matter to deliberate here. However, we are concerned because our side has no leadership at the moment. We only have the Senate Minority Leader and his Deputy. We do not have a Whip or Deputy Whip. The communication--- I am trying to understand.

Sometimes I wonder whether people go to different schools when it comes to reading simple English. Standing Order No.23 (6) is self-explanatory. I do not want us to cause any havoc. A House of union, that is supposed to make laws in this country, led by a distinguished Speaker, cannot clearly read what is indicated here.

Standing Order No.23 (6) clearly says- “Upon a decision being made by the minority party under this Standing Order, the decision of the party shall be communicated to the Speaker in writing, together with the minutes of the meeting at which the decision was made.”

On a point of order, Mr. Deputy Speaker, Sir.

I can see requests and interventions.

February 16, 2023 SENATE DEBATES 2

Mr. Deputy Speaker, Sir, these Standing Orders are very clear that we have other avenues.

Therefore, there is no proceeding with business here. I can assure you that with all due respect that---

Sen. Olekina, why are you threatening the Chair.

No, Mr. Deputy Speaker, Sir.

I have been very lenient to you.

Mr. Deputy Speaker, Sir, we have agreed from the onset that I have a lot of respect for you and I am not disrespecting you in any way. Therefore, I would like to know---

I am not speaking to the Senate Majority Leader. Senate Majority Leader, have some respect. You need to shut up when other people are talking. This business of talking every time as if you are the only one who has the monopoly of words---

Sen. Olekina, are you through?

Mr. Deputy Speaker, Sir, it is a little bit ludicrous and we will not allow. I have respect for the Speaker and we will not allow this sort of gaging.

We are elected leaders. When we are in this House---

February 16, 2023 SENATE DEBATES 3

Mr. Deputy Speaker, Sir as I finish, let me state that this sort of dictatorship which is being orchestrated--- I see the Senate Majority Leader acting as if he is the prefect of this House; he is not. He is disrespecting your Chair.

Sen. Olekina, let us have respect and stop name calling.

I appreciate that Mr. Speaker, Sir. but let us respect---

I gave you time because I wanted you to ventilate enough on this matter.

I thank you.

Thank you, Deputy Minority Whip.

Senate Majority Leader, do you have an intervention?

Thank you, Mr. Deputy Speaker, Sir. I said yesterday that I have no interest whatsoever in the leadership that the minority side choose to bring. What I will not allow is for us---

As the Senate Majority Leader, what I will not allow---

Do what you want to do! Do what you want to do! Do your worst.

Mr. Deputy Speaker, Sir, what I will not allow is for us to come here every afternoon and be dragged into their dispute.

Sen. Oketch Gicheru, kindly resume you seat.

Senate Majority Leader, please, proceed.

February 16, 2023 SENATE DEBATES 4

Mr. Deputy Speaker, Sir, I hope that I can be heard in silence because when they were speaking, I kept quiet. When they were speaking, I was quite

Hon. Senators, let us have decorum.

Mr. Deputy Speaker, Sir, I listened to him for a cool 20 minutes. I listened to you for a cool 20 minutes.

Senate Majority Leader, stop exchanging across the aisle.

Mr. Deputy Speaker, Sir, I will keep my cool. I am surprised that there are people who have never even spoken in this House yet they want to be the loudest. Can you say something substantive? You cannot be known in this House for just being a heckler.

Anyway, this is my point; how can we each and every afternoon---. The Senate Minority Leader asked a very simple question. Why have you not given them the communication that they asked from you?

What I expect from you---

walked to the Dispatch Box)

The Senate Minority Leader, you know that when there is another Senator on the Floor, you cannot stand up and interrupt what he is saying. Resume you seat. You were doing your work so well. Resume your seat.

(The Senate Minority Leader

Senate Majority Leader, proceed and finish. In fact, I want to give a few more Senators time to speak and then I will give my ruling on this issue.

I wanted to make a very simple proposal that the Senate Minority Leader has asked you a very simple question that they came yesterday with a letter to you and they expected the Speaker to give a communication on the same.

Okay it can be even last year.

I was sitting with him when I handed the letter.

Mr. Deputy Speaker, Sir, can I be heard in silence?

February 16, 2023 SENATE DEBATES 5

Mr. Deputy Speaker, Sir, I hope that I can be heard in silence because when they were speaking, I kept quiet. When they were speaking, I was quite

Hon. Senators, let us have decorum.

Mr. Deputy Speaker, Sir, I listened to him for a cool 20 minutes. I listened to you for a cool 20 minutes.

Senate Majority Leader, stop exchanging across the aisle.

Anyway, this is my point; how can we each and every afternoon---. The Senate Minority Leader asked a very simple question. Why have you not given them the communication that they asked from you?

What I expect from you---

walked to the Dispatch Box)

(The Senate Minority Leader

Senate Majority Leader, proceed and finish. In fact, I want to give a few more Senators time to speak and then I will give my ruling on this issue.

The Senate Minority Leader (Sen. Madzayo)

February 16, 2023 SENATE DEBATES 6

Okay it can be even last year.

I was sitting with him when I handed the letter.

This House is the last frontier for free speech. I have a lot of respect for the Chair. I do not expect the Chair to gag us. I have a lot of respect for the Chair as an institution and the gentleman sitting on the Chair. This is the last frontier for free speech. We must ensure that there is fidelity to the Constitution and the Standing Orders.

I urge you not to be dragged to be part of political parties or coalition intrigues. I urge you to allow the Minority to be led by those they want and the Majority to be led by those that they want. I want to say this on the Floor of the House; there is no Senator who is more special that the other. All of us can serve; all of us can lead.

When we communicated change in the leadership of the Minority side, we were saying that we need someone else to be our Whip and someone else to sit on the Bench. Personally, I have been very conflicted in the decision that we have taken. In this House, the senior most Member of this House in terms of longevity is Sen. Madzayo, followed by Sen. Dullo, followed by Sen. M Kajwang’ and followed by Sen. Cheruiyot. If leadership was conferred based on experience in this House, I would not vote against Sen. Dullo to stop being our Whip but sometimes there are factors that come into play and issues of political party management.

Mr. Deputy Speaker, Sir, allow us to have the leadership that we want. Do not be compelled by anybody in leadership of this House to influence your thinking.

Finally, My friend Sen. Cheruiyot - he is smiling - is a very good friend of mine. I want to advise him and the bullfighter - nowadays he is a bit chilled.

Sen. Cheruiyot, if you are looking for a Chihuahua, a toy dog that you can control, go and look for it outside. Do not look for it in the seat of the Speaker. Do not attempt to control the Speaker. Do not attempt! Do not attempt to convert the Speaker to a puppet of the Senate Majority leader.

The Deputy Speaker is not your Chihuahua; the Speaker is the umpire of this House. I submit

Thank you. Sen. M. Kajwang’. Be rest assured that a Member of this Chair can never be a Chihuahua.

I will allow one Member from this side to speaker so that we can make progress. Sen. (Dr.) Khalwale, you have the Floor.

Now, you are making me your Chihuahua, Sen. Faki.

Sen. Cheruiyot) :

Leave me alone to make my decisions. If I can be one, then not a Chihuahua but may be a German Shephard; not a Chihuahua. My son has a Chihuahua; I cannot be a Chihuahua.

The Senate Majority Whip, you may proceed.

Thank you, Mr. Deputy Speaker, Sir. We will not rise to the attempts by the Senator for Homa Bay County to invite me and the Chair to the bad manners of name-calling.

The point of order raised by Sen. Madzayo is important, if we are true to the Standing Orders of this House. Proceeding on Standing Order No. 23, Sen. Mathayo---

An hon. Senator: Madzayo!

How can I say it when you are heckling?

Thank you, the Senate Majority Leader. Sen. M. Kajwang’ you have the Floor.

Thank you, Mr. Deputy Speaker, Sir. The substantive point of order is that before we leave Order No.2, we expect a Communication from the Chair. We do not expect a ruling because there is nothing to rule on. A ruling comes when there is ambiguity; when there are grey areas but where the Standing Order is clear on how the majority or minority side should conduct themselves as far as leadership is concerned---

Sen. M. Kajwang’, before you proceed, the Senate Minority leader asked me a very simple question. I will give him a response right way.

Mr. Deputy Speaker, this is my point of order, it is not on the Senate Minority Leader

Mr. Deputy Speaker, Sir, this must be on record. In that meeting which was attended by others including the Senate Minority Leader, the Senate Majority Leader submitted his changes. The Minority Leader was invited but was not ready. He was told that he cannot hold the Majority side, it will proceed---

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

February 16, 2023 SENATE DEBATES 7

Mr. Deputy Speaker, Sir, allow us to have the leadership that we want. Do not be compelled by anybody in leadership of this House to influence your thinking.

Finally, My friend Sen. Cheruiyot - he is smiling - is a very good friend of mine. I want to advise him and the bullfighter - nowadays he is a bit chilled.

The Deputy Speaker is not your Chihuahua; the Speaker is the umpire of this House. I submit

Thank you. Sen. M. Kajwang’. Be rest assured that a Member of this Chair can never be a Chihuahua.

I will allow one Member from this side to speaker so that we can make progress. Sen. (Dr.) Khalwale, you have the Floor.

Now, you are making me your Chihuahua, Sen. Faki.

February 16, 2023 SENATE DEBATES 8

I will allow you to inform me after I conclude. I am not your enemy.

Sen. (Dr.) Khalwale, that opportunity will have been lost. If you want to be informed, it should be right away.

An hon. Senator: Madzayo!

Thank you. Mr. Deputy Speaker, Sir, the distinguished Senator from Kilifi is perfectly in order. As we support him, it is unimaginable that anybody other than the leadership on the side of the Minority can decide who leads that side in this House.

Just as much, I do not expect anybody else, other than ourselves, to decide who leads us on our side.

This is the Senate of Kenya. The opportunity to have orderly business in this House is vested in the Chair, through the Senate Business Committee

(SBC)

as established under Standing Order No. 190.

Hon. Members of the Senate, let us be faithful to our Standing Orders. The composition of that Committee, from which you draw your power to control business is defined in that Standing Order. One of the Members of that Committee is the Senate Minority Leader, who, as of now is Sen. Madzayo.

He is aware that you can only proceed, according to Standing Order No.190, after the SBC has met and made a decision that the Order Paper will be in the form that it is.

Sen. Madzayo, with maximum respect to you, you are being disorderly for this reason. You are not telling your colleagues in the Minority side that, yourself, the Senate Majority Leader and others sat in SBC and made a decision on this matter.

Hon. Senators

No! No!

We did. I beg you to listen to me even if I am wrong. If you do not know, I am now informing you. We sat yesterday and the Senate Majority Leader was invited to communicate any change to the Membership of House Committees he had communicated. The same day, the Senate Minority Leader had not communicated. The Order Paper ---

You will object. I thought you are a judge---

Sen. (Dr.) Khalwale is on a point of order. You can only give him information.

February 16, 2023 SENATE DEBATES 9

Mr. Deputy Speaker, Sir, as I sit here now, just like them, I was expecting that the Chair would make a communication as to why the SBC has not sat to process their list if they have delivered.

Sen. (Dr.) Khalwale, I would like to give an opportunity to the Senate Minority Leader.

You are hon. Members!

Just a minute, to allow me give direction.

Okay, He will not allow you. Sen. (Dr.) Khalwale, proceed.

I will allow you to inform me after I conclude. I am not your enemy.

Sen. (Dr.) Khalwale, that opportunity will have been lost. If you want to be informed, it should be right away.

Mr. Deputy Speaker, Sir, then I would rather lose it because I am not running short of information as it is now.

Sen. (Dr.) Khalwale, proceed and conclude.

Sen. Cherarkey and the Senate Minority Leader, have your seats.

Hon. Senators, resume your seats. I will listen to everyone present in this House today. Sen. Sifuna, when you come to the Chair waving the Constitution, how do I give you the opportunity to speak when you are just in front of my eyes? If you have an issue, please communicate to the Table. You should sit down, press your button and you will be given the opportunity to speak.

We must have order in this House. Sen. Sifuna, what is it?

Mr. Speaker, Sir, first of all, none of us here on the Minority side--- Let me go to the Dispatch Box.

Sen. Oketch Gicheru, please take your seat.

Mr. Deputy Speaker, Sir, none of us from the Minority side mean to disrespect the Chair or anyone occupying that seat at any particular time. We are getting frustrated because this is not why we were elected to come to the Senate. We have serious business to transact. We do not understand how a simple matter such as Communication from the Chair requires all this drama.

Our point of departure with the Chair is under Article 107 (b) in the Constitution: - “In the absence of the Speaker, the Deputy Speaker presides.” That is exactly why we have Members of the Speakers’ Panel. It does not have to be the substantive Speaker for any business of the House to be transacted. There are Members of the Speakers’ Panel here who come and transact business there.

Mr. Deputy Speaker, Sir, the question I am asking myself is, if indeed you say that in your capacity as the Deputy Speaker, sitting on that Chair, you cannot undertake a simple task like reading a Communication, how then would you transact Bills and Motions, which are far more serious matters that have to wait for the substantive Chair?

Secondly, I want to say here: Nobody is going to scare us. This is our House. I was elected here and in both Houses of Parliament, no Member got as many votes as Sen. Sifuna. You are not going to threaten me! You have nothing on me!

Sen. (Dr.) Khalwale, I would like to give an opportunity to the Senate Minority Leader.

You are hon. Members!

Just a minute, to allow me give direction.

February 16, 2023 SENATE DEBATES 10

Sen. Sifuna, you must be orderly. Make your contribution facing the Speaker.

Sen. Madzayo) :

Mr. Deputy Speaker, Sir, you were not sitting in the SBC. He has gone out of his way to say---

Senate Minority Leader, I gave you an opportunity after Order No.2 was read. What did you ask the Chair to do? The Senate Minority Leader (

Sen. Madzayo) :

Mr. Deputy Speaker, Sir, I asked why you are not communicating the leadership changes as expected. We have no leadership on this side. You have accepted changes on the Majority side but not on the Minority side. Can you clarify that?

Hon. Senators, I have listened to several Senators on the Floor, Sen. Olekina and others. You are articulate about who should communicate. You have severally mentioned the substantive Speaker. When this question was asked yesterday, I was in the House. The Senate Minority Leader canvassed his communication. He wanted the Speaker to make the ruling.

From where I sit, the Speaker is not in a position to give the Communication at the moment.

Hon. Senators, I request that we wait for the Speaker to come and give the Communication.

Sen. Sifuna, the Communication is with the Speaker, Rt. hon. Kingi. Sen. Olekina, I am happy that you quoted well, that you are waiting for the Speaker to come. Hon. Members, wherever the Speaker is, he might be drafting the Communication.

We will move to the next order.

Next order.

February 16, 2023 SENATE DEBATES 11

What is it, Sen. Olekina?

Mr. Deputy Speaker, Sir, let me thank you for the direction you have given. You have brought some sanity. My only fear is that your directive is purporting to mean that the secretariat has not done its work. That is something dangerous.

I would like to persuade you, going by your own words, to allow us to adjourn this House for five minutes. We shall bring the communication to your desk so that you make the communication. We should all---

Sen. Olekina, you are now directing me on what I should do. I think I will not follow that path---

I am requesting, not directing. Fair enough, let me complete my sentence.

You have done something good and I want to thank you for that. You have told us here that anytime the communication comes to your desk, you shall read it. I thank you for that. Give us three minutes and it will land on your desk.

February 16, 2023 SENATE DEBATES 12

I want to make it clear that it does not matter which shenanigans are employed. It does not matter how long it takes or what we have to do. We are going to change our leadership because it is our right.

Whether the communication that comes from the Speaker’s Office is legal, right or wrong, we do not care. We want it to come out of the Speaker’s Office, so that we can take other avenues in order to enforce our rights as the minority side.

Sen. Sifuna---

raising did not meet or violated Article 47 on fair administrative action, you cannot just be a conveyor belt.

Standing Order No.23 does not mean that the Speaker is a conveyor belt. What the minority side is inviting you to do is to become one. When you read Standing Order No.45---

You are okay and doing so well. Please proceed.

Standing Order No.45---

hon. Senator

Sen. Sifuna, kindly let us have order in this House.

I am on the Floor. All of us are colleagues. We must behave in a respectful manner towards each other.

Sen. Oketch Gicheru, you do not need to shout because we are not in a public rally. Can I conclude?

February 16, 2023 SENATE DEBATES 13

I wish that communication is brought now. If it is not here, then Senate Minority Leader, you know the office that you placed your request. That is where you should walk and get the communication. As I speak, this is the file, with no communication. What do I communicate?

I want us to make some progress. Any time that communication is brought here, I will relay the same. If you ask me where the communication is, I cannot tell you.

I was invoking that Standing Order. That is why I said any time I get the communication, I will communicate.

Mr. Deputy Speaker, Sir, can I get to the meat? Article 107 invites you to preside over the House but Standing Order No.45 (2) states that business shall be disposed of in the sequence which appears in the Order Paper or in such other sequence as the Speaker may, for the convenience of the Senate, direct. The Deputy Speaker has said he can re-arrange the Order Paper.

Sen. Sifuna might be new. We have always re-arranged the Order Paper. This is not the first time. The tradition---

Sen. Cherarkey, you have been heard. Thank you very much.

As I conclude---

You have concluded.

Mr. Deputy Speaker, Sir, we have re-organized the Order Paper before. Do not be invited to the circus that I am seeing here.

Sen. Cherarkey

Your point is clear, Sen. Cherarkey.

February 16, 2023 SENATE DEBATES 14

Sen. Cherarkey

raising did not meet or violated Article 47 on fair administrative action, you cannot just be a conveyor belt.

Standing Order No.23 does not mean that the Speaker is a conveyor belt. What the minority side is inviting you to do is to become one. When you read Standing Order No.45---

You are okay and doing so well. Please proceed.

Sen. Cherarkey

Standing Order No.45---

Sen. Sifuna, kindly let us have order in this House.

Sen. Cherarkey

I am on the Floor. All of us are colleagues. We must behave in a respectful manner towards each other.

Sen. Oketch Gicheru, you do not need to shout because we are not in a public rally. Can I conclude?

You are shouting at the Speaker and your colleagues. For Heaven’s sake you are only three months old in this House. Keep your calm, learn and be a good disciplined student.

Sen. Cherarkey

On a point of Order.

February 16, 2023 SENATE DEBATES 15

I was invoking that Standing Order. That is why I said any time I get the communication, I will communicate.

Sen. Cherarkey

Sen. Sifuna might be new. We have always re-arranged the Order Paper. This is not the first time. The tradition---

Sen. Cherarkey, you have been heard. Thank you very much.

Sen. Cherarkey

As I conclude---

kwani unatisha nani wewe?

Sen. Cherarkey

Majority Leader, I want to make some progress. I have given the directions on what we are doing.

Mr. Deputy Speaker, Sir, I have not invited you to my point of order. My point of order is Standing Order No.121 and I want you to read it with me, so that it can be understood.

A Senator is disorderly if –

The Senate Majority Leader, definitely I am very well versed with these Standing Orders.

The Senate Minority Leader (Sen. Madzayo) : On a point of order.

Hon. Senators, wait. So, why are you engaging me, Sen. Madzayo? Why are you engaging the Chair? I have been so lenient the whole of this afternoon.

Mr. Deputy Speaker, Sir, I am increasingly getting concerned. I invite you to look at Standing Order No.121 on disorderly conduct. I will read it so that it is clear. I am seeing a scheme here that the Minority side does not want to process any business today. They are setting a very bad precedent that in future, if for whatever reason the Majority side decides on a particular matter and your office either disagrees, delays or it is not able to do it in the manner and speed that the Majority side wants, we become chaotic and disorderly. We forget that this is a House of Order and Rules, and begin to engage in a shouting match. I do not think that is the precedent we want to set in this House. I have been where the Minority side are today. We used to be seven Senators only on this side during the famous days of the “handshake.” Nonetheless, there is no day that I created chaos in this House. I would sit down, wait for my turn and make my point whether I won or lost. We used to lose every vote everyday, but there is no day I became disorderly because I respect this House. Mr. Deputy Speaker, Sir, teach

Sen. Sifuna some manners. It cannot be that every time--- (Loud consultations) Sen. Ososti:

Mr. Speaker, Sir.

The Minority Leader, if you bring the letter that you gave the Speaker, how can I prosecute the letter from where I sit? It is not possible to do that. If you have a new letter, process it the way it should be processed. I cannot process it from where I sit. Of course, you know that.

Clerks, I want to make progress now.

Mr. Deputy Speaker, Sir, point of order.

February 16, 2023 SENATE DEBATES 16

You are shouting at the Speaker and your colleagues. For Heaven’s sake you are only three months old in this House. Keep your calm, learn and be a good disciplined student.

Hon. Senators, I have a Message from the Speaker of the County Assembly of Nyandarua.

Mr. Deputy Speaker, Sir, on a point of order.

Hon. Senators, after I finish with this Message, I will hear your point of order. Allow me to read this message.

I wish to report to the Senate that I have pursuant to Standing Order---

You do not conduct business by force.

I have given direction on this matter. Senators, have your seats, please. If you do not want to have your seats, then you can do the honourable thing. We cannot transact business that way.

Ai,

kwani unatisha nani wewe?

Majority Leader, I want to make some progress. I have given the directions on what we are doing.

What did I request of you to deliver? The Senate Minority Leader (Sen. Madzayo) : You stated very clearly that if I get---

No, I said that I want the Communication, in the normal way, so that I can read it.

The Senate Minority Leader (Sen. Madzayo) : There is the HANSARD. There is also a notice that I had given; a forwarding letter, minutes and signatures of Senators who have signed.

Sen. Madzayo) :

I think this is the letter that you gave to the Speaker’s Office.

That is the communication I am waiting for.

On a point of order.

Hon. Senators, wait. So, why are you engaging me, Sen. Madzayo? Why are you engaging the Chair? I have been so lenient the whole of this afternoon.

February 16, 2023 SENATE DEBATES 17

You can table it.

Thank you. Let me now read the Message. This is the letter to Rt. Hon. Amason Kingi, EGH, MP and Speaker of the Senate. It is about discharge of a Senator from leadership office.

Sen. Madzayo

An. Hon. Senator: Reply!

Do you want me to reply?

Hon. Senators

Hon. Senators, let us make some progress now.

An Hon. Senator: Point of order, Mr. Deputy Speaker, Sir!

Senate Minority Leader, you know very well what you were flogging. You know where your Communication is.

MESSAGE FROM NYANDARUA COUNTY ASSEMBLY RESOLUTION ON A MOTION ON THE EXPLOITATION OF WATER UNDER THE SASUMUA AND KENOIKE DAMS

Hon. Senators, I have a Message from the Speaker of the County Assembly of Nyandarua.

Hon. Senators

Mr. Deputy Speaker, Sir, on a point of order.

Hon. Senators, after I finish with this Message, I will hear your point of order. Allow me to read this message.

I wish to report to the Senate that I have pursuant to Standing Order---

You do not conduct business by force.

I have given direction on this matter. Senators, have your seats, please. If you do not want to have your seats, then you can do the honourable thing. We cannot transact business that way.

February 16, 2023 SENATE DEBATES 18

February 16, 2023 SENATE DEBATES 19

Sorry, what are you getting? Is it the Communication from the Speaker? Do you have it? The Senate Minority Leader (

Sen. Madzayo) :

No!

not the Communication from

What did I request of you to deliver? The Senate Minority Leader (

Sen. Madzayo) :

Shame!

No, I said that I want the Communication, in the normal way, so that I can read it. The Senate Minority Leader (

Sen. Madzayo) :

You are violating the Constitution by violating the Standing Orders.

Sen. Olekina, you are grossly out of order. I will read to you Standing Order No.121 (1) . It states:

“A Senator is disorderly if the Senator-

Yes! The Senate Minority Leader (

Sen. Madzayo) :

Hon. Senators, Standing Order No.48 (7) states that---

“ (3) When a Message from a County Assembly ---

Senate Minority Leader, you are next.

Sen. Kathuri) :

Senate Minority Leader, Standing Order No.121 will fall on you.

An Hon. Senator: Just communicate!

Sen. Madzayo) :

Senate Minority Leader, you are also disorderly. I request you to also leave the premises.

An Hon. Senator: You cannot do that.

Mr. Deputy Speaker, Sir, can you allow me to talk? The issue here is that you are so inclined on one side and not looking on the other side. You are supposed to be blind in that Chair. I beseech you not to destroy the Senate. Since I came here in 2013, we are normally guided by our Standing Orders. It is the first time I am seeing this Senate discarding, killing and raping the Standing Orders. It is unfair. I will table this letter here in the presence of all and sundry.

Okay, table it.

You can table it.

Thank you. Let me now read the Message. This is the letter to Rt. Hon. Amason Kingi, EGH, MP and Speaker of the Senate. It is about discharge of a Senator from leadership office.

February 16, 2023 SENATE DEBATES 20

An. Hon. Senator: Reply!

Do you want me to reply?

Kenya got Independence; treaties that were signed by the Britons in 1902. Those treaties state that the people of Nyandarua County and Njambini area are only supposed to take care of the water and not use it.

The Kenoike Dam is also in Nyandarua County and serves to a big percentage the residents of Nakuru County. While we want to say that we are our brothers’ keepers and support other counties because we have the natural resources from our county. It is only fair even as we share the resources that we have. It is not right to ask for food from hungry people. It is not fair that Nyandarua County continues supplying water to both Nairobi and Nakuru Counties, while the people there do not enjoy water services from both dams.

I Chair the Committee that will look into the Petition. I would like to implore my colleagues that once we look at the facts and figures, I have been able to look at them as the Senator of the area; to support the people of Nyandarua, so that we can deal with this injustice; a long term on that has been meted on the people.

Secondly, the exploitation of forest harvests from the Aberdare Forest and other public forests in Nyandarua County. During the long rains, my office together with the Nyandarua County Assembly plans on planting at least four million trees around the Aberdare Forest and lake Olbolosat. The people of the county have continuously been taking care of the forest, planting the trees, and taking care of trees.

When tree harvesting happens, we only see private lorries logging and taking the trees and there is nothing the people get. I am apprised on that matter and a substantive Bill will be coming to address this particular injustice. I would want to commit on behalf of the Standing Committee on Lands, Environment and Natural Resources that we shall do justice to the people of Nyandarua County.

I thank you.

Thank you. Next Order! Proceed, Senate Minority Whip.

Simply communicate. Read the Communication, Mr. Deputy Speaker.

Where is the Communication? Where is it? Is it this letter?

Standing Order No.23.

The Annual Report and Financial Statements of the Power of Mercy Advisory Committee for the financial year 2021/2022.

Senate Minority Leader, please, do not approach the Chair again. Please, you and Sen. Olekina, resume your seats. I want us to proceed.

Hon. Members, I have been very lenient and I have called you severally. I want us to proceed with the business of today.

February 16, 2023 SENATE DEBATES 21

Chairperson, Committee on Finance and Budget?

MESSAGE FROM NYANDARUA COUNTY ASSEMBLY RESOLUTION ON A MOTION ON THE EXPLOITATION OF WATER UNDER THE SASUMUA AND KENOIKE DAMS

This is a Petition by the Speaker of Nyandarua County Assembly.

Hon. Senators

No!

Hon. Senators, I wish to report to the Senate that I have, pursuant to Standing Order 48 (4) and (6) , received a Message from the Speaker of Nyandarua County Assembly.

The Message is dated Wednesday, 7th December, 2022 and communicated by way of a Petition addressed to the Speaker of the Senate.

Hon. Senators

Shame! Shame!

The Message which communicates a Resolution of the County Assembly on a Motion, petitions the Senate to among other matters -

Shame!

February 16, 2023 SENATE DEBATES 22

Sen. Olekina, I am on the Floor and you know the rules of this House.

You are violating the Constitution by violating the Standing Orders.

Sen. Olekina, you are grossly out of order. I will read to you Standing Order No.121 (1) . It states:

“A Senator is disorderly if the Senator-

Hon. Senator

You are destroying this House. You are destroying this Senate. You are violating the Standing Orders.

Hon. Senators, Standing Order No.48 (7) states that---

“ (3) When a Message from a County Assembly ---

Senate Minority Leader, you are next.

February 16, 2023 SENATE DEBATES 23

Senate Minority Leader, Standing Order No.121 will fall on you.

An Hon. Senator: Just communicate!

Senate Minority Leader, you are also disorderly. I request you to also leave the premises.

An Hon. Senator: You cannot do that.

Mr. Deputy Speaker, Sir, I thank you for indulging me. Colleagues, you understand that we are living in very unique times. Therefore, when we get a little breather and some sense of sanity in the House, we want to move as fast as possible and transact as much as we can. This is one among a series of Motions that I want to move this afternoon, so that we can set the Calendar of the House and a few things that we want to do, like Committees. This is because there are colleagues who do not have the same. Mr. Deputy Speaker, Sir, I beg to move the following Motion- THAT pursuant to Standing Order No. 32

(1)

, the Senate approves the Calendar

(Regular Sessions)

for the Second Session of the Thirteenth Parliament

, laid on the Table of the Senate on Wednesday, 15th February, 2023. Mr. Deputy Speaker Sir, I laid that Calendar here yesterday and most of the Members have it. It is on their gadgets. It is a simple procedure of setting the dates upon which we shall be meeting, from February all the way up to December. This is a long period. Of course, there are recesses in between. There are moments we will take a break. However, it is a fairly straightforward matter. I want to convince my colleagues in the Senate that we pass this Motion, so that now we have a fixed Calendar. There will be amendments here and there, as is the usual practice. There may be a need for a special sitting at a particular time. However, given that this is the first order that we want to do, I request that we pass this Calendar of the House, so that we know how we proceed from here. It is a fairly straightforward matter, which I do not want to speak very much at length to. I request Sen. Chimera to second.

MESSAGE FROM THE NATIONAL ASSEMBLY APPROVAL OF HON. JOHNSON MUTHAMA AS MEMBER OF THE PSC

February 16, 2023 SENATE DEBATES 24

of the Parliament Service Commission (PSC) Under Article 127(2) (d) of the Constitution.

Pursuant to the said Standing Orders, I now report the message. Pursuant to the provisions of Standing Order 41(1) of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly. In accordance with the provisions of Article 127(2) (d) of the Constitution passed on Wednesday 15th February, 2023, the National Assembly approved the appointment of the Hon. Johnson Muthama as a Member of the Parliamentary Service Commission.

Now, therefore, in accordance with the said provisions of the Standing Orders, I hereby convey the affirmation resolution of the National Assembly and invite the Senate to also consider and approve the appointment of the male member of the Parliamentary Service Commission.

Hon. Senators, as you may be aware, the Senate Majority Leader on Tuesday, 14th February, 2023, on behalf of the Vice Chairperson of the PSC tabled the Report of the PSC on the nomination of the Hon. Johnson Muthama for appointment as a non-member of Parliament Commissioner to the PSC. Further, I made a communication---

(Sen. Wakili Sigei walked into the Chamber without bowing to the Chair) Sen. Wakili Sigei, you are out of order.

Thank you, Mr. Deputy Speaker, Sir. I congratulate the Nyandarua County Assembly; the county I represent in the Senate for this Petition they have done to the Senate. This Petition is long overdue and for the benefit of the members here today, Sasumua Dam is one that contributes about 14 or 16 per cent of all water used in Nairobi City County and managed by the Nairobi Water and Sewerage Company.

Part of the reason the Petition has come to the Senate is because the people of Nyandarua County, specifically Njambini area where the dam is, have always cried of taking care of the dam, yet they receive nothing in return. Whenever we ask what is in it for the people of Nyandarua, we are referred to treaties that were signed long before

February 16, 2023 SENATE DEBATES 25

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Motion. I recognize that this House can manage its own agenda. I am reminded of those days before the Constitution, 2010 when this House could be controlled from outside.

Today, we have the capacity, the legal framework to manage our calendar, the timeframe to be in the House, to be on recess, and so on. Therefore, it is good progress. We have seen the Calendar.

I support.

Sen. Wakoli Wafula, Senator for Bungoma.

PAPERS LAID

I rise to lay on the Table of this House the following Papers, today, 16th February, 2022.

RECORD OF THE PROCEEDINGS OF THE FIRST ORDINARY SESSION OF THE SIXTH PARLIAMENT OF THE PAN-AFRICAN PARLIAMENT

ANNUAL REPORT AND FINANCIAL STATEMENTS OF THE POWER OF MERCY ADVISORY COMMITTEE FOR THE FY 2021/2022.

February 16, 2023 SENATE DEBATES 26

To support!

ANNUAL REPORT AND FINANCIAL STATEMENTS OF THE NATIONAL POLICE SERVICE COMMISSION FOR THE FY 2021/2022

COMMISSION ON REVENUE ALLOCATION SECOND COMMISSIONERS’ END TERM REPORT FOR THE PERIOD JANUARY 2017 – DECEMBER, 2022

REPORTS ON FINANCIAL STATEMENTS OF VARIOUS COUNTY FUNDS

Chairperson, Committee on Finance and Budget?

REPORT ON THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATION CASH DISBURSEMENT SCHEDULE FOR FY 2022/2023

February 16, 2023 SENATE DEBATES 27

Sen. Ali Roba

Mr. Deputy Speaker, I beg to lay the following Paper on the Table of the Senate today,16th February, 2023-

Report of the Standing Committee on Finance and Budget on the County Governments Additional Allocation Cash Disbursement Schedule for the Financial Year 2022/2023.

Simultaneously, you can give notice of the Motion.

NOTICE OF MOTION

ADOPTION OF REPORT ON COUNTY GOVERNMENTS ADDITIONAL ALLOCATION CASH DISBURSEMENT SCHEDULE FOR FY2022/2023

Sen. Ali Roba

Mr. Deputy Speaker Sir, I beg to give notice of the following Motion-

THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the County Government Additional Allocation Cash Disbursement Schedule for the Financial Year 2022/23 laid on the Table of the Senate today 16th February 2023. I thank you.

Hon. Senators, I want to reorganize the business of the day. We will skip Order No.7 to Order No.15 on the Order Paper.

STATEMENTS

FORM ONE INTAKE IN THE COUNTRY DISASTER MANAGEMENT PREPAREDNESS IN KISUMU COUNTY INVASION OF THE AHERO RICE FIELDS BY QUELEA BIRDS REVERSAL OF DELOCALIZATION POLICY IN EMBU BY THE TSC BUSINESS FOR THE WEEK COMMENCING TUESDAY, 21ST, FEBRUARY 2023

February 16, 2023 SENATE DEBATES 28

THE TEA (AMENDMENT) BILL (SENATE BILLS NO.1 OF 2023)

THE KONZA TECHNOPOLIS BILL (SENATE BILLS NO. 2 OF 2023)

THE PROMPT PAYMENT BILL (SENATE BILLS NO. 8 OF 2022)

THE COUNTY LICENSING (UNIFORM PROCEDURE) BILL (SENATE BILLS NO. 9 OF 2022)

THE OFFICE OF THE COUNTY PRINTER BILL (SENATE BILLS NO. 10 OF 2022)

THE EMPLOYMENT (AMENDMENT) BILL (SENATE BILLS NO. 11 OF 2022)

February 16, 2023 SENATE DEBATES 29

(Bill deferred) Second Reading

THE COUNTY VOCATIONAL EDUCATION AND TRAINING BILL (SENATE BILLS NO. 3 OF 2022)

APPROVAL OF THE SENATE CALENDAR FOR THE SECOND SESSION OF THE THIRTEENTH PARLIAMENT

(1)

, the Senate approves the Calendar

(Regular Sessions)

for the Second Session of the Thirteenth Parliament

February 16, 2023 SENATE DEBATES 30

Sen. Munyi Mundigi, you may second.

Sen. Chimera

Bw. Naibu wa Spika, naunga mkono hayo yote yamesomwa hapa. Pia, ni aibu kubwa sana kwa yale yaliyotendeka siku ya leo katika Kenya kwa sababu walikuwa wanapiga kelele kama Mwenyekiti amekalia kiti. Tumeona yale waliokuwa wakisema kwa muda mrefu. Seneta alisema ile siku tutakuwa tukipitisha mambo ya Independent Electoral and Boundaries Commission (IEBC) kutakuwa ni maandamano. Kwa hivyo, wametuonyesha aibu kubwa sana katika Kenya walipotoka nje.

Hicho ni kitendo kimoja kibaya sana. Kwa hivyo, sisi watu wa Kenya Kwanza tutaendelea vizuri, tutasimamisha Kenya kwa kipindi ya miaka mitano.

Pili, nikimalizia nasema kwamba yale wametenda yanaonyesha hawana aibu wala shukrani. Kile tunaomba ni mazuri kwa Serikali ya Kenya Kwanza ndio ituletee maji ya kilimo na suluhu kwa swala la janga la njaa na mengine mengi. Nyinyi hamna shukrani kwa wale watu waliowachagua.

Jambo lingine ni maneno ambayo yalisemwa hapa na Sen. Sifuna kwamba alichaguliwa na kura nyingi kutuliko sisi wote.

Hapa Kenya, hata kama ulichaguliwa kwa kura nyingi ama kidogo, sisi sote ni Maseneta. Mimi ni Sen. Munyi Mundigi kutoka Kaunti ya Embu.

Sen. Munyi Mundigi, kabla uondoke, sijasikia ukisema kama unaunga mkono au la, ama umekuwa ukizungumza kuhusu mambo mengine? Umeunga mkono kweli?

Sen. Cheptumo

Bw. Naibu Spika, nimeunga mkono kabisa.

Asante.

I can see that a few Senators are interested to contribute. Sen. Nyamu, please proceed.

Sen. Wafula Wakoli

Mr. Deputy Speaker, Sir, I rise to support the approval of the changes in the Standing Committees. I commend the leadership of the Majority Side because of the wisdom, fairness and delicate balance that they continue to apply in allocating and assigning Members to various Committees, unlike the Minority Side where they have openly made complaints about assignment to Committees.

Sen. Githuku?

Sen. Githuku

Mr. Deputy Speaker, Sir, I rise to second.

To support!

Sen. Githuku

I rise to support this Motion because we need to make progress. As you have seen, there have been a lot of shenanigans in the House.

Kenyans are watching and they want us to work for them. They sent us to this House, so that we can do the work that they sent us to do. So, I support that we need to make progress, so that everything goes properly as it is arranged or planned.

Thank you. I support.

The Mover to reply.

Thank you, Mr. Deputy Speaker, Sir. I thank my colleagues for their comments. We will be guided by the decision of this House. I plead that we pass this Motion, so that we can set the ball rolling.

I know that there are many who may have wanted to speak, but I have explained to them the unique times that we are living in and the need to prosecute business when there is order as fast as we can.

I thank you. I beg to move.

Thank you. This matter does not concern counties. Therefore, I proceed to put the question.

February 16, 2023 SENATE DEBATES 31

APPROVAL OF SEN. DAVID WAFULA WAKOLI, MP TO SERVE IN THE COMMITTEE ON POWERS AND PRIVILEGES

I would also like to thank my Chairperson for trying to push the agendas that we had. Going forward, I hope that he will not be compromised and that he will actually see that the agendas that we started are seen to fruition.

Being de-whipped as a lady Vice Chairperson in this Senate is also a good thing. We can now speak about it and say we were there then de-whipped. I think that is all I have to say.

I will continue with my ICT agenda through the caucus for Women Members of Parliament (MPs) in ICT which was fought. Now I will have more time to just deliver the agenda for women MPs in ICT. I welcome my Chairperson to follow and perhaps learn a few things from what the caucus will be doing out there.

Mr. Deputy Speaker, Sir, I beg to reply.

Sen. Orwoba, you know you are enterprising. You can get so many things to do at any time. So, you are not short of ideas.

Again, this matter does not concern county governments. Therefore, I will proceed to put the question.

The Deputy Speaker (Sen. Kathuri) Next Order.

Sen. Mariam Omar

Mr. Deputy Speaker, Sir, I rise to second the Motion. I believe that Sen. Wafula can do better and is capable of the position.

I second the Motion.

Thank you.

Do we have any Member wishing to contribute? Sen. Tabitha Mutinda, you may have the Floor.

Sen. Tabitha Mutinda

of funds that the counties engage in or have not limited to water companies, conservancies agreements and regional blocs investments that any county would have engaged in.

I do believe that the Senator together with the Members of the Committee will continue looking into the mandate of the said Committee.

Mr. Deputy Speaker, Sir, I ask the Members to support this Motion. so that the Member can join other Members in Committees. When he was elected, he needed to sit together with other Senators in the Committees. A lot of business of this House is transacted in Committees than in the plenary.

I believe that when you become a member of this Committee we are going to take this Committee to the next level.

Mr. Deputy Speaker, Sir, I beg to move and call upon the Senator for Trans-Nzoia County, Sen. Chesang’ to second the Motion.

Sen. Chesang, you have the Floor.

Sen. Wamatinga

Thank you, Mr. Deputy Speaker, Sir. Before I second, I would like to also congratulate the said Senator, Sen. Kisang’, who is my immediate neighbour, the Senator of Elgeyo-Marakwet County.

I believe he is one man who will bring a system to this Committee. Once again, I would also like to thank Sen. Orwoba, and also assure her that we will continue with our mandate and make sure that the things we were pushing for while we were there will not stall or stop.

I also want to assure the Senate Standing Committee of Labour and Social Welfare that Sen. Gloria Orwoba is one person that will help the Committee to achieve their mandate.

Mr. Speaker, Sir, I second the Motion.

February 16, 2023 SENATE DEBATES 32

Sen. Wamatinga

I serve in the same Committee as the vice-chairperson. Without wanting to sound as a sadist, I was hoping that we would get some business from the occurrences of today. It is unfortunate that we did not get any. We can sit around and wait for it to happen, if it does not happen then we can sit back.

Welcome.

Thank you. Having no other Senators, I call upon Sen. (Dr.) Khalwale to reply.

Sen. (Dr,) Khalwale

I only have three things to say. One, most of the work is done at the Committee level. Kenyans should not assume that when a Senator or a Member of the National Assembly is not speaking in the Plenary, they are not doing their job. Almost 80 per cent of the work is done at the Committee level.

It also gives Members an opportunity to learn and serve in various Committees. All of us want to get exposure. Everybody wants to serve in one committee or the other.

The County Public Investments and Special Funds Committee (PICSFC) is very important. I think Sen Kisang’ has never served in the Senate or its Committee before.

I was his chief escorter when Sen. Wafula was being sworn in. In my culture, when you do such a job, there should be at least two cows. He promised, but I do not know when he will deliver them. May be in Luhya culture, Omwami, Sen. (Dr) Khalwale will teach me what they give out because there was a promise that was made.

I congratulate him and a number of Senators to whom changes have happened. It increases efficiency in the House.

I wish colleagues well as they serve in those new positions. For us, we are willing to work together if there are any issues, we can discus to ensure that the learning curve of our colleagues comes to fruition.

I hope as we learn, especially for our new colleagues we should not pick some of the manners that our Minority Side will show. This is because when Jubilee was frog- marching us and putting us in Subaru’s and de-whipping us, they were the ones then who were busy cheering.

I want to assure them that if the Senate could not be destroyed then by “handshake”, I can tell you nothing else will affect it. This Senate will grow in leaps and bounds and become strong.

I would like to ask Sen. Githuku from Lamu County to fear not, as the Bible says. Do not fear anybody. Fear only the one who can kill the body and the soul. They will only kill other things.

Mr. Deputy Speaker, Sir, I know you are a son of a clergy. We should encourage Sen. Githuku not to fear anybody. We are here and we will walk together through this challenge. We have gone through many challenges in this House. At some point, our colleague, the Senate Deputy Majority Whip, Sen. (Dr.) Lelegwe Ltumbesi, was put in the boot of a Subaru from here all the way to Maralal. Now, he is the Deputy Majority Whip.

I am not saying you must go through being put in the boot of a Subaru to become a Whip. I am only encouraging you that things are getting better going into the future.

I thank the House leadership led by Sen. Cheruiyot. On the Majority Side, we consult so that Members can do their best and serve.

I support the Motion.

Now that you have mentioned my late father, he used to tell me, “never put your trust in a man, but to always trust God.” This is why you did not keep your trust in man last time. You trusted in God and now you are serving in good positions.

APPROVAL OF CHANGES IN THE MEMBERSHIP OF STANDING COMMITTEES

Sen. Orwoba

Similarly, Sen. Githuku from Lamu County, fear not as you have been told. Next time you will be in a better position than where you are.

Sen. Mbugua, proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise in support of this Motion. I congratulate my friend Sen. Kisang’ on the new assignment.

I also wish to congratulate the leadership of the Majority Side for the way they have treated us, especially the new Senators. We are happy. We have had a beautiful time and been taken care of by the leadership. Personally, I am indebted to Sen. (Dr.) Khalwale, the bullfighter. We have settled well.

I support.

Thank you. Sen. (Dr.) Khalwale, next time somebody praises you, do not clap for yourself. You should wait for other people to clap for you. May be I should request hon. Members to clap for you so that you feel happy.

That is nice. Let us have Sen. Methu then Sen. Veronicah Maina. Two minutes each, kindly.

Mr. Deputy Speaker, Sir, I know why Sen. (Dr.) Khalwale has clapped loudly. He rarely gets those kinds of accolades because he rarely does good things, but it is okay.

Mr. Deputy Speaker, Sir, I support this Motion. As my colleagues have said, the movement is important for our learning. I had an opportunity to serve in the Committee that Sen. Wafula will be serving. I served in the Committee on Public Investments and Special Funds (PICSF) for a day. I was sent there by the Majority Whip. I had my fair share of lessons from it even though it was just one day.

As I wind up, there are major lessons to learn from these movements on the Majority Side. We do not need to disagree or make it look like some Members are lesser than others. Any of us can be in any Committee or in any position of leadership. We do not have to do the kind of hullabaloo that we witnessed this afternoon. It is as easy as people sitting down and agreeing so that we are able to make progress.

Finally, I feel it is a big injustice to the people who elected the Senators who walked out. Article 1 of the Constitution states that all the sovereign power belongs to the people of Kenya and shall be exercised directly or through their elected representatives.

Nobody was elected to the Senate of the Republic of Kenya to come here and walk out. We are now discussing important matters and the constituents of the Senators

Bw. Naibu Spika, nimeunga mkono kabisa.

Asante.

I can see that a few Senators are interested to contribute. Sen. Nyamu, please proceed.

Sen. Nyamu

February 16, 2023 SENATE DEBATES 34

Sen. Nyamu

I also thank the leadership of the Majority Side where I belong for giving me the opportunity to serve in the Committee on Labour and Social Welfare. We had begun finding solutions and fighting for the rights and the welfare of our people in the Gulf, particularly in Saudi Arabia, where we recently made a fact-finding tour.

Mr. Deputy Speaker, Sir, I urge Members of the Committee to continue fighting hard because the welfare of our people, especially the domestic workers in Saudi Arabia, is something I am passionate about. They should go hard on this matter. I would love to see a solution on this matter.

I thank you.

I want to allow a Member who has not spoken today like Sen. Seki to say something. Please proceed.

Sen. Seki

Mr. Deputy Speaker, Sir, I rise to support this Motion. I am in support of the changes that have been made by the leadership of this House.

I am looking at the changes made in the Standing Committee on Tourism, Trade and Industrialisation where I Chair. I welcome Sen. (Dr.) Lelegwe Ltumbesi and Sen. Okenyuri to my Committee.

We have many assignments in our committee. It is my hope that we will finalise the assignments on our table.

Mr. Deputy Speaker, Sir, thank you and I support.

Last but not least, Sen. Okenyuri, please proceed.

Sen. Okenyuri

Asante, Bw. Naibu Spika kwa fursa hii. Ningependa pia kuunga mkono Hoja hii.

Nashukuru viongozi wa chama kwa kunipa nafasi ya kutumikia wananchi katika Kamati ya Ugatuzi na Mahusiano ya Kiserikali. Sisikitiki kuondolewa kutoka Kamati ya Ugatuzi na Mahusiano ya Kiserikali kwa sababu nimejifunza mengi katika muda mfupi ambapo nimekuwa mwanakamati.

Ninapojiunga na Kamati ya Biashara, Viwanda na Utalii, naahidi kutia bidii na kufanya kazi na Maseneta wenzangu. Nitawakilisha vijana na wananchi wote ambao wametutuma kufanya kazi katika Seneti.

Ningependa kumkaribisha Seneta wa Bungoma, Sen. Wafula, ambaye atachukua nafasi yangu katika Kamati ya Ugatuzi na Mahusiano ya Kiserikali. Tumefanya kazi nzuri na natumai pia ataendeleza kazi hiyo na kuwa kielelezo katika Seneti.

I can see a lot of interest on this matter, but I said she is the last person. So, I will stick to my principle.

I now call upon the Mover to reply.

Sen. Orwoba

Mr. Deputy Speaker, Sir, before I reply, I would like to say that I actually had a good time serving in the Senate Committee on Information, Communication and Technology (ICT) as the Vice Chairperson. I hope that all the things we started working on will come to fruition.

February 16, 2023 SENATE DEBATES 35

Sen. Orwoba

Being de-whipped as a lady Vice Chairperson in this Senate is also a good thing. We can now speak about it and say we were there then de-whipped. I think that is all I have to say.

Mr. Deputy Speaker, Sir, I beg to reply.

Sen. Orwoba, you know you are enterprising. You can get so many things to do at any time. So, you are not short of ideas.

Again, this matter does not concern county governments. Therefore, I will proceed to put the question.

The Deputy Speaker (Sen. Kathuri) Next Order.

APPROVAL OF SEN. WILLIAM KISANG’ KIPKEMOI, MP, TO SERVE IN THE SELECT COMMITTEE ON CPISF

Next Order. We have a Statement from Sen. Munyi Mundigi.

February 16, 2023 SENATE DEBATES 36

of funds that the counties engage in or have not limited to water companies, conservancies agreements and regional blocs investments that any county would have engaged in.

I do believe that the Senator together with the Members of the Committee will continue looking into the mandate of the said Committee.

I believe that when you become a member of this Committee we are going to take this Committee to the next level.

Mr. Deputy Speaker, Sir, I beg to move and call upon the Senator for Trans-Nzoia County, Sen. Chesang’ to second the Motion.

Sen. Chesang, you have the Floor.

Sen. Chesang

transfer to schools in their home counties following the reversal of delocalization of teachers’ policy by Government, stating why it has taken inordinately long to comply with the Government directive.

home counties have been granted, giving a breakdown per county and further state when the pending requests will be processed.

counties to Embu County while not approving similar requests by teachers whose home county is Embu even after the said teachers requested the TSC to be transferred back to their respective sub-counties in Embu.

implementing the reversal of delocalization of teachers’ policy by Government.

Sen. Okenyuri, you can proceed to give your Statement. Comments will be after her Statement.

Sen. Cherarkey

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Motion. I think from the onset when some of our colleagues were appointed to the Cabinet and by-elections were held, it is natural that new Members be nominated to serve in various Committees of this House.

I to congratulate Sen. Kisang’. Some of us had opportunity of campaigning for him. However, when he was being sworn in, I was not around.

We hope he will fit because he was a Member of the National Assembly and a former Chairperson of Committee on Information, Communication and Technology (ICT) . He is coming with a lot of wealth of experience in the ICT Committee.

As the Chairperson, we will walk together to ensure he settles in. Senate is the House of respect. When some of us were working out to get a few stationary items to discharge serious matters, I met people that were removing the name of Sen. Dullo from the leadership of this House along the corridors. It is very unfortunate.

February 16, 2023 SENATE DEBATES 37

Sen. Cherarkey

It also gives Members an opportunity to learn and serve in various Committees. All of us want to get exposure. Everybody wants to serve in one committee or the other.

The County Public Investments and Special Funds Committee (PICSFC) is very important. I think Sen Kisang’ has never served in the Senate or its Committee before.

I congratulate him and a number of Senators to whom changes have happened. It increases efficiency in the House.

I want to assure them that if the Senate could not be destroyed then by “handshake”, I can tell you nothing else will affect it. This Senate will grow in leaps and bounds and become strong.

I would like to ask Sen. Githuku from Lamu County to fear not, as the Bible says. Do not fear anybody. Fear only the one who can kill the body and the soul. They will only kill other things.

I am not saying you must go through being put in the boot of a Subaru to become a Whip. I am only encouraging you that things are getting better going into the future.

I thank the House leadership led by Sen. Cheruiyot. On the Majority Side, we consult so that Members can do their best and serve.

I support the Motion.

Services in Kenya and the manner in which child abuse cases are being reported and handled.

According to a new national study conducted by the Ministry of Labour and Social Protection, one in two young adults in Kenya experienced violence as a child, whether physical, sexual or emotional.

One example that stood out recently is the very sad and unfortunate case of Baby Sagini, an innocent three-year-old boy who was left blind after his close relatives gouged out his eyes.

It begs the question, what is the problem and where is help for those vulnerable children that so desperately need it?

Mr. Deputy Speaker, Sir, Article 53(1)(d) of the Constitution, states that- “Every child has the right to be- protected against abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment and hazardous or exploitative labour."

The rights of children have also been protected and preserved by a number of legislation, including the Children’s Act, 2022 and the Convention on the Rights of the Child (CRC). Other strategies and policies have also been put in place at the policy level to address the matter of child protection.

Mr. Deputy Speaker, Sir, all these support my earlier assertion that despite the Government's robust legal and policy framework for protecting children, thousands of young Kenyans experience violence, abuse and neglect every year.

This results in impairment of their chances for long-term health and well-being, education as well as professional success. It is evident from the foregoing that the problem with the current status of child protection services is in implementation, not in our Constitution, laws, or policies.

Mr. Deputy Speaker, Sir, in order to safeguard children from abuse, neglect, violence and exploitation, I want to emphasize the importance of putting in place an efficient child protection system.

While appreciating the country's efforts to enact the proper laws and policies, including the ratification of the CRC, it is crucial to ensure that sufficient resources are provided in order to put these laws and policies into action.

This may be achieved through strengthening comprehensive child protection services and implementing particular interventions such as:

the above interventions are followed up through the relevant Standing Committee to ensure implementation.

February 16, 2023 SENATE DEBATES 38

Similarly, Sen. Githuku from Lamu County, fear not as you have been told. Next time you will be in a better position than where you are.

Sen. Mbugua, proceed.

Sen. Mbugua

Thank you, Mr. Deputy Speaker, Sir. I rise in support of this Motion. I congratulate my friend Sen. Kisang’ on the new assignment.

I support.

in Embu and vice-versa. Through their own ways and means, they can engage. If it fits the bill, they can do the transfer.

As is the case today, TSC has a firm iron fist on this particular policy. Therefore, I support the Statement by Sen. Mundigi. I know this was a campaign promise that we made as an administration. It is important that Chairman, Sen. Nyotu and his Committee on Education, brings the Senate up to speed in terms of explaining to us how far this policy has reached.

Thank you, Mr. Deputy Speaker, Sir. I also rise to support the Statement sort by Sen. Munyu Mundigi.

I am aware that following interventions that came in sometime in the last month, the Speaker of the National Assembly made a finding on the status or legality of the policy on delocalization.

As the Senate Majority Leader has submitted before this House, there are benefits that come with teachers being transferred to their home areas. Equally, there are benefits that come with teachers teaching from far flung areas.

Mr. Deputy Speaker, Sir, the policy, as it has been put, has got its own challenges. Majorly, it is the foundation which led to the discussion and a very lengthy conversation about the ability of the teacher to teach in places where they are even unable to get places of residence.

For instance, in my county, there are schools where principals or head teachers of such institutions are unable to get places of residence and are therefore, assimilated by the community. It takes a long time for them to adopt to the kind of environment that they are expected to live in. As a consequence, their ability to deliver and work within the institution is hampered.

Similarly, we have got statistics from among our members of the Teachers Service Commission (TSC) , where somebody who has got one or two years to retire from the teaching profession is sent to a place where they cannot not get means of transport. When we speak to such issues, you realize that the policy has been applied not for purposes of the benefits that comes with it but as a tool for punishing some of the teachers.

Mr. Deputy Speaker, Sir, the position that has been taken and the communication that came from TSC that this ought to have ended by the 31st of last month has not been achieved.

I am aware from my county for instance that over 85 teachers are stationed in one county called Bungoma. Instead of them teaching, their business has been to camp at the regional TSC offices as they wait for delocalization back to their areas of residence. That has hampered their ability to teach. They have been unable to even learn how to serve in the places where they are supposed to be.

As we wait for the TSC to issue a statement or a report as we have been notified, they should also be able to fast track and process the applications which are pending so that teachers who have made applications are allowed to go back to their places and are

February 16, 2023 SENATE DEBATES 39

also given an opportunity to teach and serve the children and the parents from the places where they are able to do the best in terms of teaching.

Mr. Deputy Speaker, Sir, I therefore, encourage the chairperson of the Committee on Education together with his team to make sure that this policy as it has been decided, be let off so that our teachers are allowed to go back to their places, take care of their families and to teach rather than camp in the regions where they have been deployed, asking for transfers back to their place.

I support and encourage the TSC to implement this as soon as they are able to. I thank you. The Deputy Speaker (Sen. Kathuri): Proceed Sen. Cheptumo.

Thank you, Mr. Temporary Speaker, Sir. I wish to thank the Senator for his Statement. I support this Statement because across the country, there have been serious complaints on the fact that initially, the delocalization programme was meant to achieve a very important principle of ensuring that we can be able to exchange teachers in various counties.

Mr. Temporary Speaker, Sir, for instance in Baringo County we have had a challenge of insecurity where teachers posted from other regions are unable to teach in those schools which are facing security threats. Due to this, we have had a number of schools not having sufficient teachers to teach.

When the issue of delocalization was actually abandoned, that was the solution. Unfortunately, some teachers from Baringo and other counties like Turkana have not been allowed to go back to their counties to teach. The TSC should be able to review that decision to move away from the policy of delocalization.

Mr. Temporary Speaker, Sir, families also have had challenges. You will find a teacher being taken very far away from his or her young family. It is important that the entire policy of delocalization be looked into so that we uphold the family situation in our homes.

You will also find teachers who are left with about one or two years to retire, being transferred to very far places from their families just because of the issue of delocalization.

I would like to plead that as the Committee on Education considers the Statement by the Senator, it is important that they consider all the issues arising from this policy by TSC. I propose that the report from the Committee should include the situation in all the 47 counties, Baringo being one of them. A lot of teachers from Baringo County who are in Turkana are unable to go back to their county so that they are able to teach.

I also want to request the TSC that as they consider the issue of posting teachers, they need to have affirmative action in areas where we have insecurity. As they post

Sen. Veronica Maina

Mr. Deputy Speaker, Sir, thank you for the opportunity. I am Sen. Veronica Maina. Nduati is my father’s name, but I prefer Maina.

Mr. Deputy Speaker, Sir, I rise to support the Motion. This is a Motion where Members from the Majority Side have been assigned different Committees. Sometimes change can bring discomfort. What we must acknowledge and accept is that Senators serving in this House are qualified to serve in any capacity. I believe all Members assigned to different Committees have the requisite qualifications and skills to serve to the best of their ability.

I was serving in the Committee on Energy. I urge the new Member replacing me to co-work with colleagues in that Committee. Specifically, I want the Committee to focus on the cost of power bills in this country. We cannot continue talking about the cost of living being high when power bills are at an all high level.

I congratulate all the Members who have been moved to different Committees and the new Members who have been assigned different Committees. I urge every Committee to dispense its mandate with the seriousness it deserves. Some Members are assigned Committees, but they do not attend Committee meetings.

It is the responsibility of every Member who have been assigned. We specifically persuade Members on the Majority Side, to take their responsibilities seriously within the Committees, dispense what is supposed to be done and enrich the processes in the Senate.

Mr. Deputy Speaker, Sir, on a different note, I wish to bring your attention to Standing Order No.43, which deals with the order of the business in the House. I hope I will not be out of order. The business of this House needs to be placed before the Senate within a certain period of time. The Order Paper is posted to the parliamentary website at

February 16, 2023 SENATE DEBATES 40

Sen. Veronica Maina

On a point of order on, Mr. Temporary Speaker, Sir.

Sen. Oketch Gicheru, we have been going on well in this House. Allow the Hon. Senator who is on the Floor to submit before the House in silence.

Proceed, Sen. Cherarkey.

Sen. Wakili Sigei

Mr. Temporary Speaker, Sir, if Sen. Oketch Gicheru wants to contribute, he can just queue.

Sen. Oketch Gicheru, the Speaker has got the discretion to allow you to speak or not.

Sen. Cherarkey, proceed.

Sen. Wafula

Mr. Temporary Speaker, Sir, I rise to support the Statement on the implementation of the reversal of delocalization of teachers’ policy across the country.

When most of us were campaigning in the run up to the 2022 General Election, one of the key issues that we did---

Mr. Temporary Speaker, Sir, can I be protected because the Standing Orders ---

Sen. Oketch Gicheru, allow Sen. Cherarkey to proceed and prosecute his points. The Speaker will allow you an opportunity to speak.

Sen. Cherarkey, proceed.

Thank you, Mr. Deputy Speaker, Sir. As I rise to reply, I bring to the attention of this House that no Senator garnered more votes than I did. However, I am not shouting about it and neither am I disrespecting anyone.

February 16, 2023 SENATE DEBATES 41

On a point of order!

What is your point of order, Sen. Oketch Gicheru?

Next Order. We have a Statement from Sen. Munyi Mundigi.

STATEMENTS

REVERSAL OF DELOCALIZATION POLICY IN EMBU BY THE TSC

I thank you.

February 16, 2023 SENATE DEBATES 42

home counties have been granted, giving a breakdown per county and further state when the pending requests will be processed.

implementing the reversal of delocalization of teachers’ policy by Government.

Sen. Okenyuri, you can proceed to give your Statement. Comments will be after her Statement.

STATUS AND WELFARE OF BABY JUNIOR SAGINI

Sen. Okenyuri

Mr. Temporary Speaker, Sir, as I was saying---

STATE OF CHILD PROTECTION SERVICES IN KENYA

February 16, 2023 SENATE DEBATES 43

Sen. Okenyuri

Yes.

Thank you. Clerk, could you kindly confirm whether the House is quorate?

Thank you, Mr. Deputy Speaker, Sir, for allowing me this chance.

We have long established a tradition that, when time allows and when colleagues bring Statements that are topical, and we feel the need to enrich or give a general comment on the Statement, we are permitted.

Thank you for allowing me this chance. I believe to my colleagues as well. I rise to support the Statement by Sen. Munyu Mundigi only that I wish that the same can be expanded, as the TSC brings its report before the Committee, so that we get a countrywide report as opposed to Embu County alone.

I say this is because during our campaigns, and you know this for a fact and the rest of the colleagues who campaigned for us, every time we visited various far-flung parts of the country, teachers would rise in our meetings and demand an end to this delocalization policy in the form and structure in which it is currently being executed.

There are benefits, pros and cons to this delocalization policy that TSC can espouse on and when you listen to them it makes sense. The only bit that I do not agree with is where it becomes forceful or as is the case nowadays, as is increasingly becoming the case in TSC when it is used as a form of punishment.

You find a teacher from Embu or Meru being transferred to far-flung primary school somewhere in Lamu or Ugunja in Siaya, parts of the country where they have never been, have no relatives and nothing to do there. We all understand the salary of a teacher. There is nothing extra teachers teaching outside what would pass as their home, are being paid.

If you recall back in the day and observe, teachers were very much revered in the village. I say this because I know the kind of respect we used to accord them in the community we grew up. That afforded us the chance to be disciplined because it meant when you ran into a teacher, it was not only that you feared him in the classroom, but even deep down in the community.

Whenever you saw a teacher, you knew that discipline had to be maintained. However, that is not the case anymore. If you bring a teacher who is from outside the region or locality where the children come from, there are many things that the particular teacher or student will struggle with, for example, cultural issues and understanding their background.

This is one policy that needs to be properly thought out. I am not fully opposed to it per se. However, I feel it should be carried out in a more consultative manner ensuring that teachers who are willing are given the first priority. There are teachers willing to trade places amongst themselves. You will find that a teacher in Meru who wants to teach

February 16, 2023 SENATE DEBATES 45

in Embu and vice-versa. Through their own ways and means, they can engage. If it fits the bill, they can do the transfer.

Sen. Wakili Sigei

Thank you, Mr. Deputy Speaker, Sir. I also rise to support the Statement sort by Sen. Munyu Mundigi.

I am aware that following interventions that came in sometime in the last month, the Speaker of the National Assembly made a finding on the status or legality of the policy on delocalization.

Mr. Deputy Speaker, Sir, the position that has been taken and the communication that came from TSC that this ought to have ended by the 31st of last month has not been achieved.

February 16, 2023 SENATE DEBATES 46

Sen. Wakili Sigei

also given an opportunity to teach and serve the children and the parents from the places where they are able to do the best in terms of teaching.Mr. Deputy Speaker, Sir, I therefore, encourage the chairperson of the Committee on Education together with his team to make sure that this policy as it has been decided, be let off so that our teachers are allowed to go back to their places, take care of their families and to teach rather than camp in the regions where they have been deployed, asking for transfers back to their place.I support and encourage the TSC to implement this as soon as they are able to. I thank you.

The Deputy Speaker (Sen. Kathuri):

allowances for a number of places such as Chemasia and Chemelil wards which should be enhanced.

The teachers who are posted to work in slum schools especially in towns such as Nairobi and Kisumu where life is very expensive should be included in that allowance or even have it enhanced. The life and movement within those slums and most of those areas is hard. They need an enhancement of their hardship allowances to assist them to do their work.

I thank the President and his administration for agreeing that there is a shortage of teachers. He has begun rolling out in phases 30,000 teachers who are going to be hired in this financial year. I remember, Mr. Temporary Speaker, Sir, that you were one of the people who drafted the plan and many charters that included the Education Charter. The President is doing very well by cutting that gap by ensuring that every child has access to education through provision of competent teachers.

I saw somewhere yesterday from the Ministry of Education that 20,000 learners are yet to join junior secondary school (JSS) Grade seven because the parents are colluding with schools to ensure that those students go to class eight.

I thought that under the Ministry of Education, there is National Education Management Information System (NEMIS) and a unique personal identifier that should be used so that if a student is given a personal identification number, they just move from grade seven to junior secondary school.

The President has formed a task force for this issue of Competency Based Curriculum (CBC). I appeal to parents and other stakeholders including teachers that we give the Government and the President’s task force time to come up with radical changes. I confirm to the country that it is affordable. The Constitution is very clear. The CBC will assist in building skills for our children so that they can be people to rely on.

Mr. Temporary Speaker, Sir, are you aware that even as we talk today, our children do not know how to make tea, or even light a fire? I doubt if one of the Members collapsed here, we can perform first aid. These are the skills that CBC will come up with.

I appeal to the parents to allow the Government to review the CBC and come up with proposals. If there is anything that parents have reservations on the law is very clear on the right for public participation. Therefore, the Ministry of Education should move first and ensure that those 200,000 learners who are yet to join JSS junior do so.

I thank Sen. Munyi Mundigi. He is one of the nuclearatomic Senators in this House. I ask the Senate Majority Leader to be getting him services especially when the Minority Side want to do what is not--- Sen. Munyi Mundigi can be very effective. He brings up live issues. He brought the drought issue. This is the real bottom-up that we have been discussing.

Sen. Munyi Mundigi, you are a valued member of this team. The Senate Majority Leader should organize something every Friday that he passes by his office and ensures he is taken care of.

Sen. Kathuri):

Proceed Sen. Cheptumo.

Sen. Cheptumo

You will also find teachers who are left with about one or two years to retire, being transferred to very far places from their families just because of the issue of delocalization.

I also want to request the TSC that as they consider the issue of posting teachers, they need to have affirmative action in areas where we have insecurity. As they post

February 16, 2023 SENATE DEBATES 47

Sen. Cheptumo

Thank you, Mr. Temporary Speaker, Sir. I want to add my voice on the debate on delocalization.

I am a teacher by profession. We have cases where hon. Members in their constituencies thump their chests, incite locals and ensure people who have been recruited by the Teacher Service Commission (TSC) to teach in those areas, do not land.

Therefore, such utterances necessitate teachers to demand or request to be moved to safer zones. I request the Standing Committee on Education to find a solution to this. If there are hon. Members who incite locals that teachers should not report, to be ably handled by the law and to allow teachers to teach where they want.

We have scenarios where headteachers and teachers are delocalized because they are not benevolent givers. They are not cheerful givers of teachers and students’ money.

We want to ensure that when the TSC sends teachers to schools, it is not a punishment or to allow wallets to be opened while people are on transit to difficult zones. We have scenarios where young families such as one in Bumula Constituency where the young lady has three children and the husband is in Machakos County. However, when they demand or request to be delocalized---

On a point of order, Mr. Temporary Speaker, Sir.

Sen. Wakili Sigei

Sen. Wakoli Wafula proceed.

Sen. Cherargei

I beg to assume such unnecessary noise.

Sen. Wakili Sigei

Sen. Oketch Gicheru, kindly allow Sen. Wakoli Wafula to be heard in silence.

Sen. Wakoli Wafula: As we came into office in this Government, we promised teachers that they would be brought back to their families. I request the Standing Committee on Education that we must follow up on this issue so that teachers are posted back to regions they come from. We ought to ensure that people who want to be transferred to their areas of choice do not have to bribe or kneel down before someone but they are given an opportunity where they deserve.

When I was recruited, I was asked whether I was married. It was important because you are given an opportunity based on your desire and adaptability of the area you teach. If one is married and has two wives and one wife is sent to Mombasa County,

Sen. Cherarkey

Mr. Temporary Speaker, Sir, I rise to support the Statement on the implementation of the reversal of delocalization of teachers’ policy across the country.

When most of us were campaigning in the run up to the 2022 General Election, one of the key issues that we did---

Mr. Temporary Speaker, Sir, can I be protected because the Standing Orders ---

Sen. Wakili Sigei

Sen. Oketch Gicheru, allow Sen. Cherarkey to proceed and prosecute his points. The Speaker will allow you an opportunity to speak.

Sen. Cherarkey, proceed.

February 16, 2023 SENATE DEBATES 48

Sen. Cherarkey

Mr. Temporary Speaker, Sir, I remember the issue of delocalisation came up during campaigns. Article 53 on the right to education of our children is very important. It should be affordable and quality.

During campaigns, most teachers across the country were complaining. Teachers with high blood pressure or those who are diabetic with only two years to retire were being posted, for example, all the way from Nandi to Mombasa or from Mombasa to Namanga. Those are people who were remaining with a few years to retire.

Apart from sickness, the issue of delocalisation affected marriages. You would find somebody posted to Garissa in North Eastern whereas the wife is in Homa Bay or somewhere in Kisumu. That undermines the family as a basic unit of the society and the right to family as provided by the Constitution.

On a point of order!

Sen. Wakili Sigei

These Bills have been listed in today’s Order Paper under Orders No.8 to 13. As is the standard practice, these Bills will be committed to respective Standing Committees for consideration, pursuant to Standing Order No.145.

Pursuant to Standing Order No.148, the Committees are required to report back to the Senate within 30 calendar days. I cannot emphasise enough of the need for Committees to which these Bills have been referred to, to adhere to these titimelines.

and Training Bill (Senate Bills No.3 of

and Livestock Extension Services Bill (Senate Bills No.

vi. The Mung Beans Bill (Senate Bills No.13 of 2022) - Sen. Enoch Kiio Wambua, MP. vii. The Startup Bill (Senate Bills No.14 of 2022) - Sen. Crystal Kegehi Asige, MP. For a number of these Bills, the 30-day window for submission of Committee reports has lapsed. Therefore, the SBC will schedule them for Second Reading. I urge the respective Movers to be in the Chamber whenever the Bills are on the Order Paper.

However, the SBC will schedule these Bills in the Order Paper for Second Reading in the event that the Committee report is tabled ahead of the 30-day period allowed to Committees on the Bills.

Bill (Senate Bills No.3 of 2023) -

Thank you and I hereby lay the statement on the Table of the Senate.

February 16, 2023 SENATE DEBATES 49

other, start chanting and singing and bringing all kinds of picketing behavior into the House, then we will not have a Senate.

This is a House of law and order. There are many times that even this current Senate, has ruled against us on the Majority Side. I did not see any of my Members block the Speaker from transacting business and doing the things that were expected of them. Therefore, I believe and hope that my colleagues from the Minority Side will behave better next week and abide by the rule of law. They will know---

Sen. Wakili Sigei

Sen. Oketch Gicheru, I would like to remind you of Standing Order No.121. You have just come in, you are yet to sit down and you are shouting while a colleague Senator is on the Floor addressing the Chair.

Sen. Oketch Gicheru, relook at the provisions of Standing Order 121 (c) and (f) . Please behave.

The Senate Majority Leader, please, conclude on your remarks.

Sen. Cherarkey

Thank you, Mr. Temporary Speaker, Sir. This is exactly what I am talking about. The Standing Orders are very clear on how even a Member wants to prosecute a Standing Order behaves. You press the interjection button and wait to catch the attention of the Speaker. You do not start shouting and disorienting everyone who is contributing.

Mr. Temporary Speaker, Sir, can you protect the dignity of this House. I can see that what Sen. Oketch Gicheru wants is to record back at home that he was kicked out of the House. That is what you are inviting him to do. This is the kind of Bonga Points that you do not need to bring to the Senate. All he is seeking is cheap publicity.

Otherwise, if you allow this kind of behavior where, Members walk in and disrupt others, we will not have a Senate. Nobody has a monopoly of shouting at others.

Sen. Wakili Sigei

Sen. Cherarkey, just hold. Sen. Oketch Gicheru, the Chair has listened to your point of order. The Chair is consulting and a ruling will be made. Why can you not be patient and have decorum in the House? You have raised your point.

Sen. Cherarkey

Mr. Temporary Speaker, Sir, as I was saying---

Sen. Wakili Sigei

Sen. Cherarkey, hold on for the Speaker to make a ruling.

Sen. Oketch Gicheru, there is some benefit when people approach issues with decorum. There is always a benefit that you get.

Yes.

Sen. Wakili Sigei

Thank you. Clerk, could you kindly confirm whether the House is quorate?

The Temporary Speaker (Sen. Wakili Sigei)

Members, the Clerk-at-the-Table

Sen. Wakili Sigei

(Order for First reading read- Read the First Time and Ordered to be referred to the relevant Senate Committee) Next Order. First Reading

Sen. Cherarkey

Mr. Temporary Speaker, Sir, nowadays life in the Senate is interesting.

February 16, 2023 SENATE DEBATES 50

Sen. Cherarkey

Mr. Speaker, Sir, I rise to support this Statement on delocalisation of teachers. As I was saying before that episode, the issue of delocalisation was part of the basis of our campaigns.

When some of us went round the country, many teachers from Bomet, Nandi, Nyandarua and all the way to Migori would ask us what we were going to do about the delocalization policy. They were crying about delocalization. We assured them that we will look into the policy.

I think teachers are grateful to President William Ruto’s administration. They are trying to ensure that the policy on delocalisation is removed because it is causing havoc in the lives of teachers.

As I was saying, you can find, for example, a teacher who has six months or one or two years to retire being posted all the way from Nandi to Moyale. They only have few years to serve before going for retirement. Some of the teachers were old.

I am in agreement that every Government employee should work in any part of the country but some of them were sickly. Others were diabetic or with high blood pressure.

Therefore, the policy on delocalisation must be relooked. That policy should be done away with, so that teachers can work where they are comfortable, so that we ensure that Article 53 of our Constitution is not compromised.

Thirdly, delocalisation policy is causing havoc among families. You will find a wife being posted to Karachuonyo in Luo Nyanza while the husband is posted somewhere in Wajir or Turkana. That is systematically breaking down families. A family is the core unit of society. It is an important unit that must be protected.

Finally, if I look at my phone, there are so many Short Message Services (SMSs). People from Nandi are saying that many people are being taken back to their counties. However, most of the teachers outside Nandi are struggling to go back home.

The Teachers Service Commission (TSC) should be honest. The directors should tell us how many requests in each and every county were made by teachers seeking to go back to their home counties. I think the TSC should operate on a policy of need basis, where you request to leave your home county. You can even rotate within your home county.

Since the beginning of the year, my phone has had no peace. Teachers from my county are demanding to know when the TSC will assist them to go back to Nandi to be with their families and continue serving students in accordance to the right to education, in terms of quality education which we are talking about.

Mr. Temporary Speaker, Sir, finally, I know most of our colleagues are teachers. I am a son of a teacher because my mum was a teacher. When I hear anything about teachers, I become emotional because I grew up seeing how teachers were being treated.

Therefore, even as we talk about delocalization, we must enhance hardship allowance. It is okay to give hardship allowance for teachers working in the Northern Frontier or hard places such Terik or Tinderet ward in Nandi County. There are hardship

February 16, 2023 SENATE DEBATES 51

Sen. Cherarkey

allowances for a number of places such as Chemasia and Chemelil wards which should be enhanced.

Sen. Munyi Mundigi, you are a valued member of this team. The Senate Majority Leader should organize something every Friday that he passes by his office and ensures he is taken care of.

February 16, 2023 SENATE DEBATES 52

Sen. Cherarkey

Hon. Members, there being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 21st February, 2023 at 2.30.p.m.

The Senate rose at 5.56 p.m.

Sen. Wakili Sigei

Thank you, Sen. Cherarkey. You have made me remind myself of the directives made earlier on by the Speaker when he was directing the Hon. Senator, ‘bull fighter’, that you should not clap for yourself when you are given accolades. I had to restrain myself from doing the same. Thank you for your contribution.

Proceed, Sen. Wakoli Wafula for one minute so that we can move to the next Order.

Sen. Wakoli Wafula

Thank you, Mr. Temporary Speaker, Sir. I want to add my voice on the debate on delocalization.

We have scenarios where headteachers and teachers are delocalized because they are not benevolent givers. They are not cheerful givers of teachers and students’ money.

On a point of order, Mr. Temporary Speaker, Sir.

Sen. Wakili Sigei

Sen. Wakoli Wafula proceed.

Sen. Wakoli Wafula

I beg to assume such unnecessary noise.

Sen. Wakili Sigei

Sen. Oketch Gicheru, kindly allow

Sen. Wakoli Wafula to be heard in silence. Sen. Wakoli Wafula:

As we came into office in this Government, we promised teachers that they would be brought back to their families. I request the Standing Committee on Education that we must follow up on this issue so that teachers are posted back to regions they come from. We ought to ensure that people who want to be transferred to their areas of choice do not have to bribe or kneel down before someone but they are given an opportunity where they deserve. When I was recruited, I was asked whether I was married. It was important because you are given an opportunity based on your desire and adaptability of the area you teach. If one is married and has two wives and one wife is sent to Mombasa County,

February 16, 2023 SENATE DEBATES 53

Sen. Wakili Sigei

another to Busia County and the young man to Machakos County; how do you expect this guy to do what God expects them to do?

I hope the Committee on Education will reflect and highlight these areas in the entire country and give us a report so that teachers do not serve as the whip in this country.

Finally, we have had a recruitment of teachers by the TSC. I thank the President and Government for recruiting teachers. We have teachers on contract and on permanent basis. When they will be rolling out employment of the next cadre of teachers, let them directly employ those on contract without subjecting them to unnecessary interviews.

Since they have already succeeded in the first round, in the second phase they should be absorbed so that the other guys can either come on contract or permanent basis.

I thank you, Mr. Temporary Speaker, Sir. I support.

Sen. Wakili Sigei

Thank you. Hon. Senators, we shall move to the next Order.

Proceed Senate Majority Leader.

BUSINESS FOR THE WEEK COMMENCING TUESDAY, 21ST FEBRUARY 2023

Mr. Temporary Speaker Sir, Pursuant to Standing Order 57 (1) , I hereby present to the Senate the business of the House for the week commencing Tuesday, 21st February, 2023.

Before I proceed with the Statement, allow me to take this opportunity to welcome honorable Senators back from the long December, 2022 Recess. I trust that you have had time to rest and have had an opportunity to interact with your constituents, family and friends.

Mr. Temporary Speaker Sir, the business of the Senate includes a total of sixteen Bills that have been published. The breakdown of these Bills is as follows -

February 16, 2023 SENATE DEBATES 54

and Training Bill (Senate Bills No.3 of

and Livestock Extension Services Bill (Senate Bills No.

However, the SBC will schedule these Bills in the Order Paper for Second Reading in the event that the Committee report is tabled ahead of the 30-day period allowed to Committees on the Bills.

Bill (Senate Bills No.3 of 2023) -

February 16, 2023 SENATE DEBATES 56

Thank you and I hereby lay the statement on the Table of the Senate.

February 16, 2023 SENATE DEBATES 57

other, start chanting and singing and bringing all kinds of picketing behavior into the House, then we will not have a Senate.

Sen. Wakili Sigei

Sen. Oketch Gicheru, relook at the provisions of Standing Order 121 (c) and (f) . Please behave.

The Senate Majority Leader, please, conclude on your remarks.

Otherwise, if you allow this kind of behavior where, Members walk in and disrupt others, we will not have a Senate. Nobody has a monopoly of shouting at others.

February 16, 2023 SENATE DEBATES 58

Sen. Wakili Sigei

Thank you very much, the Senate Majority Leader.

Hon. Senators, for avoidance of doubt, earlier on, we have passed a number of Motions in the changes in Committee membership of the House. We are aware that the bulk of the business of this House is transacted in Committees. I urge Hon. Members to make sure that they participate where necessary in those Committees so that we can transact the business of the House.

Sen. Oketch Gicheru, I can see, hear and make decisions. I am cautioning you on your conduct. The Chair can see, hear and make decisions.

Next Order please.

THE TEA (AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2023)