THE PARLIAMENT OF KENYA
THE SENATE
THE HANSARD
PARLIAMENT OF KENYA
Thursday, 5th December, 2024
DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING
Clerk, do we have quorum? Serjeant-at- Arms, kindly ring the Quorum Bell for 10 minutes.
Sen. (Dr.) Khalwale, I understand that Members are just next door, go with the Serjeant-At-Arms.
Order, hon. Senators. Sen. (Dr.) Oburu and Sen. (Prof.) Tom Odhiambo Ojienda, SC, kindly.
Clerk, proceed to call the first Order.
PAPERS LAID
REPORT OF THE MEDIATION COMMITTEE ON THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILLS NO.12 OF 2023)
Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 5th December, 2024-
Report of the Mediation Committee on the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) .
I beg to lay.
Next is the Chairperson Standing Committee on Agriculture, Livestock and Fisheries.
Proceed, Sen. Munyi Mundigi, the Vice-Chairperson.
REPORT ON CATASTROPHIC MAIZE DISEASES IN BOMET COUNTY
Mr. Deputy Speaker, Sir, I beg to lay the following papers on the Table of the Senate today, 5th December, 2024-
Report of the Standing Committee on Agriculture, Livestock and Fisheries on a Petition to the Senate regarding the catastrophic maize diseases that famers in Bomet County have endured for the last 12 years.
REPORT ON GRAFT INVESTIGATION ON WEST KANO IRRIGATION SCHEME
Thank you. Next is the Chairperson, Standing Committee on Labour and Social Welfare. Sen. Murgor, just come before the Floor as the Paper is here.
REPORT ON CONSIDERATION OF THE COUNTY LIBRARY SERVICES BILL (SENATE BILLS NO.40 OF 2024)
Mr. Deputy Speaker, Sir, I beg to lay the following paper on the Table of the Senate today, 5th December, 2024-
Report of the Standing Committee on Labour and Social Welfare on its consideration of the County Library Services Bill (Senate Bills No. 40 of 2024) . I lay.
Next is the Chairperson Committee on Roads, Transportation and Housing.
REPORT ON CONSIDERATION OF THE NATIONAL (AMENDMENT) AUTHORITY BILL (NATIONAL ASSEMBLY BILLS NO.59 OF 2022)
Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday 5th December, 2024-
Report of the Standing Committee on Roads, Transportation and Housing on its consideration of the National Construction Authority (Amendment) Bill (National Assembly Bills No. 59 of 2022) .
I beg to lay.
Thank you. The Chairperson Committee on Health.
Proceed, Sen. Okenyuri. Let us give the chance to the youth.
REPORT ON THE COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS TO TAITA TAVETA, MOMBASA AND KWALE COUNTIES
Thank you. Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 5th December, 2024-
Report of the Standing Committee on Health on the County Oversight and Networking Engagements to Taita Taveta, Mombasa and Kwale counties.
REPORT ON INSPECTION TOUR OF HEALTH FACILITIES IN WEST POKOT, TRANS NZOIA AND TURKANA COUNTIES
This is on behalf of the Chairperson, Standing Committee on Health.
Thank you. Next is the Chairperson, Committee on County Public Investments and Special Funds (CPISF) .
Who is the Vice-Chairperson on the CPISF or a Member of the Committee?
The Vice-Chairperson is not even aware that he is the Vice- Chairperson.
Who is the Vice-Chairperson?
Sen. Tom Odhiambo Ojienda, SC.
Sen. Ojienda is the Vice-Chairperson?
Yes, Mr. Deputy Speaker, Sir.
REPORTS ON CONSIDERATION OF AUDIT REPORTS OF VARIOUS COUNTY BURSARY FUNDS
Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 5th December, 2024-
Reports of the Select Committee on County Public Investments and Special Funds on the Consideration of the Audit Reports of the following County Bursary Funds for the Financial Years 2019/2020, 2020/2021 and 2021/2022-
REPORT ON CONSIDERATION OF AUDIT REPORTS OF VARIOUS COUNTY HOSPITALS
REPORTS ON CONSIDERATION OF AUDIT REPORTS OF VARIOUS MUNICIPALITIES
Audit Reports of the following Municipalities for Financial Years 2020/2021, 2021/2022 and 2022/2023-
For financial year 2020/2021, I beg to lay the following reports on the Table of the Senate-
Next is the Chairperson of the County Public Accounts Committee (CPAC) .
REPORTS ON CONSIDERATION OF AUDIT REPORTS OF VARIOUS COUNTY EXECUTIVES AND ASSEMBLIES
Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 5th December, 2024-
Reports of the Senate County Public Accounts Committee on consideration of the reports of the Auditor-General on the financial statements of the following county executives: Kitui, Bungoma, Embu, Baringo, Nyandarua, Garissa, Laikipia, for the financial ears 2019/2020; and Kirinyaga, Kilifi, Kericho, for the financial years 2020/2021, Volume 5.
Mr. Deputy Speaker, Sir, I also beg to lay reports of the Senate County Public Accounts Committee on the consideration of the reports of the Auditor-General on the financial statements of the following county executives: Mombasa, Nakuru, for the financial years 2019/2020; Nyeri, Bomet, Kiisi, Turkana, Trans Nzoia, Nyandarua, for the financial years 2020/202; Nairobi, for the financial years 2017/2018, 2018/2019, 2019/2020; Kwale County, for the financial years 2020/2021, and 2021/2022, Volume 6.
Finally, reports of the Senate County Public Accounts Committee on the reports of the Auditor-General on the financial statements of the following county assemblies: Machakos, Turkana, Kisii, Uasin Gishu, Kirinyaga, for the financial years 2019/2020, and 2020/202; and Nyeri and Tana River for the financial years 2020/2021, Volume 7.
I thank you, Mr. Speaker, Sir and I beg to lay.
Next is the Senate Majority Leader.
REPORT OF THE AUDITOR-GENERAL ON BURA MUNICIPALITY FOR THE PERIOD ENDED 30TH JUNE, 2024
Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Thursday, 5th December 2024-
Report of the Auditor-General on the Bura Municipality, County Government of Garissa for the six-month period ended 30th June, 2024.
Okay, that is the end of that. Let us move on to the next order, Clerk.
The Senate Majority leader, there is the Paper you read on the Mediation Committee. Now, you can give notice of the Motion.
NOTICES OF MOTIONS
ADOPTION OF MEDIATION COMMITTEE REPORT ON THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILLS NO.12 OF 2023)
Mr. Deputy Speaker, Sir, I rise to give notice of the following Motion-
THAT the Senate adopts the report of the Mediation Committee on the Conflict of Interest Bill (National Assembly Bill No. 12 of 2023) laid on the Table of the Senate, today, Thursday, 5th December 2024, and further pursuant to Article 113 (2) of the Constitution and Standing Order No. 167 (3) of the Senate, approves the mediated version of the Bill.
Thank you. Next is the Chairperson Committee on Agriculture, Livestock and Fisheries.
ADOPTION OF REPORT ON CATASTROPHIC MAIZE DISEASES IN BOMET COUNTY
Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion-
THAT the Senate adopts the report of the Standing Committee on Agriculture, Livestock, and Fisheries on a petition to the Senate regarding the catastrophic maize diseases that farmers in Bomet County have endured for the last 12 years, laid on the table of Senate, today, Thursday, 5th December, 2024.
You can read the other one.
ADOPTION OF REPORT ON GRAFT INVESTIGATION ON WEST KANO IRRIGATION SCHEME
Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion-
THAT the Senate adopts the report of the Standing Committee on Agriculture, Livestock and Fisheries on a petition to the Senate regarding the EACC graft investigation of the West Kano Irrigation Scheme laid on the table of Senate, today, Thursday, 5th December, 2024.
Very well, Sen. Mundigi. You qualify for some promotion.
Next is the Chairperson for the County Public Investments and Special Funds (CPISF). You have three notices of Motion to give.
ADOPTION OF REPORT ON CONSIDERATION OF AUDIT REPORTS OF VARIOUS COUNTY BURSARY FUNDS
Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion-
THAT the Senate adopts the report of the Select Committee on the County Public Investment and Special Funds on the consideration of the audit reports for the following county bursary funds for the financial years 2019/2020, 2020/2021 and 2021/2022-
Baringo County Education Bursary and Scholarship Fund, Bomet County Bursary Fund, Bomet County Education Devolving Fund, Bungoma County Education Support Scheme, Elgeyo Marakwet County Education Fund, Garissa County Scholarship Fund, Homa Bay County Bursary Fund, Kajiado County Bursary Grants and Scholarship Fund, Kericho County Bursary Fund, Kiambu County Education Bursary Fund, Kilifi Ward Scholarship Fund, Kirinyaga County Education Bursary Fund, Kisii County Bursary Fund, Kwale County Bursary Fund, Laikipia County Bursary Fund, Lamu County Bursary and Scholarship Fund, Machakos County Bursary Fund, Makueni County Bursary Fund, Mandera County Education Bursary Fund, Marsabit County Education Fund, Migori County Ward Development Fund, Mombasa County Elimu Fund, Nakuru County Bursary Fund, Nandi County Education Fund, Narok County Bursary Fund, Nyamira County Education Bursary Fund, Nyandarua County Bursary Fund, Nyeri County Elimu Fund, Samburu County Bursary Fund, Siaya County Education Bursary Fund, Taita Taveta County Education Fund, Tana River County Ward Bursary Fund, Tharaka Nithi County Bursary Development Fund, Trans Nzoia County Elimu Bursary Fund, Turkana County Education and Skills Development Fund, Uasin Gishu County Bursary and Skills Development Support Fund, Uasin Gishu County Education Revolving Fund, Vihiga County Education Fund, Wajir County Bursary Fund and West Pokot County Bursary Fund, laid on the table of Senate today, Thursday, 5th December, 2024.
ADOPTION OF REPORT ON CONSIDERATION OF AUDIT REPORTS OF VARIOUS COUNTY HOSPITALS
Hospital, Longisa County Referral Hospital, Lunga Lunga Sub-County Hospital Migori County Level 4 Hospital, Msambweni Sub-County Hospital, Mount Kenya Sub-County Hospital, Mukurweini Sub-County Hospital and Othaya Sub-County Level 4 Hospital laid on the table of Senate today, Thursday, 5th September, 2024.
ADOPTION OF REPORT ON CONSIDERATION OF AUDIT REPORTS OF VARIOUS MUNICIPALITIES
The Chairperson of the Senate Standing Committee on Health, please proceed.
ADOPTION OF REPORT ON THE COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS TO TAITA TAVETA, MOMBASA AND KWALE COUNTIES
Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion-
THAT, the Senate adopts the Report of the Standing Committee on Health on the County Oversight and Networking Engagements to Taita Taveta, Mombasa, and Kwale counties.
ADOPTION OF REPORT ON INSPECTION TOUR OF HEALTH FACILITIES IN WEST POKOT, TRANS NZOIA AND TURKANA COUNTIES
ADOPTION OF REPORT ON INSPECTION TOUR OF HEALTH FACILITIES IN WEST POKOT, TRANS NZOIA AND TURKANA COUNTIES
The Chairperson of the Senate County Public Accounts Committee (CPAC) , give notice of Motion.
ADOPTION OF CPAC REPORTS ON CONSIDERATION OF AUDIT REPORTS OF VARIOUS COUNTY EXECUTIVES FOR FY2020/2021
Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion-
THAT, the Senate adopts the reports of the Senate County Public Accounts Committee on consideration of reports of the Auditor-General on the financial statements of the following county executives-
Kitui, Bungoma, Embu, Baringo, Nyandarua, Garissa, Laikipia financial year 2019/2020, and Kirinyaga, Kilifi, Kericho, financial year 2020/2021, Vol.5, laid on the table of Senate today, Thursday, 5th September, 2024.
ADOPTION OF CPAC REPORTS ON CONSIDERATION OF AUDIT REPORTS OF VARIOUS COUNTY EXECUTIVES
ADOPTION OF CPAC REPORTS ON CONSIDERATION OF AUDIT REPORTS OF VARIOUS COUNTY ASSEMBLIES
THAT, the Senate adopts the reports of the Senate County Public Accounts Committee on the reports of the Auditor-General on the financial statements of the following county assemblies-
Machakos, Turkana, Kisii, Uasin Gishu, Kirinyaga, for financial years 2019/2020 and 2020/2021, and Nyeri, Tana River, for the financial year 2020/2021, Vol.7, laid on the table of Senate today, Thursday, 5th September, 2024.
Thank you, Mr. Deputy Speaker, Sir.
Next Order, Clerk.
QUESTIONS AND STATEMENTS
STATEMENTS
COLLAPSED AND DYSFUNCTIONAL HEALTH CARE SYSTEM IN NANDI COUNTY
Thank you, Mr. Deputy Speaker, Sir. I rise, first, on Standing Order No.52 (1) to make a Statement on an issue of general topical concern and national importance, regarding the collapsed and almost dysfunctional health care system across all medical facilities in Nandi County.
Nandi County is facing a dire health crisis. Hospitals lack essential drugs, suffer from poor sanitation and are served by inadequate and demoralized health care workers, despite allocation of Kshs140 million in this financial year to Kapsabet County Referral Hospital.
The county government has failed to harmonize promotions for doctors, nurses, clinical officers and other health care workers, subjecting them to poor working conditions, lack of medical cover and unpaid statutory deductions, loans, SACCO contributions, and union dues, despite these deductions appearing on their pay slips.
Mr. Deputy Speaker, Sir, health workers are further demoralized by illegal mass layoffs and removal from payrolls, including support and casual workers. This has left the remaining staff overwhelmed by unimaginable workloads and poor conditions. For example, Kapsabet County Referral Hospital lacks neurosurgeons and gynaecologists, leaving critical patients' needs unmet, especially on neurosurgeons, whenever accidents of motorbikes happen.
Despite this crisis, the governor has prioritized irregular employment of his cronies, political associates and campaign supporters at the expense of critical service delivery and health care improvement.
Mr. Deputy Speaker, Sir, during my visit to Kapsabet County Referral Hospital on Sunday, 1st December, 2024, at 8.00 p.m., I observed a total collapse of services.
There were no painkillers, gloves, syringes and masks, patients were being told to buy these items from nearby chemists in Kapsabet Town.
Patients were sleeping on dilapidated beds, sharing spaces and even sleeping on corridors without medication or specialized attention. For instance, there were no neurosurgeons to attend to patients with head injuries.
Mr. Deputy Speaker, Sir, I walked in when a dead body was being moved after four hours lying in the glare and view of the patients in the ward, yet it had not been taken to mortuary.
This failure persists despite Nandi County receiving over Kshs60 billion in shareable revenue over seven years alongside other sources, such as own-source revenue. For example, Kapsabet County Referral Hospital had an approval of Kshs140 million for this financial year, yet it has totally collapsed. The governor must take responsibility for this mess and be held accountable as the County Chief Executive Officer. The innocent people of Nandi County should not continue to suffer from inadequate health care and poor development as presided over by Sang’.
Mr. Deputy Speaker, Sir, I urge the Nandi County Assembly to immediately table an impeachment Motion. This will be the best Christmas gift to the people of Nandi County if Sang’ is impeached for gross violation of the Constitution, abuse of office, corruption and human rights abuses, particularly in health care. This is the least that the county assembly can do for the people who overwhelmingly support this call.
Should the County Assembly of Nandi fail to act, the people of Nandi County will initiate a signature collection drive to remove the inept Governor Sang from office. Investigations by payroll fraud and irregular employment practice must be conducted by the Directorate of Criminal Investigation (DCI) and Ethics and Anti-Corruption (EACC).
To date, no action has been taken against individuals who harass and harm critics of the governor, allowing impunity to thrive. One youth was injured and the Inspector- General of Police has never arrested the culprits despite people walking around with machetes and jembe sticks. That is the only performance that the governor has done, so far - buying machetes and jembe sticks.
Mr. Deputy Speaker, Sir, in conclusion, the solution to Nandi County's challenges - restoring health care services, fixing roads, addressing the wage bill and achieving meaningful development - lies in the immediate removal of Governor Sang’. I call upon the Senate Committee on Health to urgently visit Kapsabet County Referral and other medical facilities in Nandi County to recommend corrective measures that will restore confidence in the county's health care system.
I thank you for your indulgence.
Sen. Hezena, please proceed.
THE AFRICAN WOMEN AUDACITY CONFERENCE
Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a statement on a matter of general topical concern, namely the African Women Audacity Conference, which was held in Kenya from the 28th of October to 13th of November, 2024.
This landmark event brought together a diverse group of both seasoned and emerging female leaders from across Africa, alongside male champions of gender equality, through my office. The conference served as a crucial platform for discussing the pressing need for increased female representation in leadership roles across all spheres of governance, from politics to the private sector and civil society.
The choice of Kenya as the host country for this conference is a testament to the significant strides our nation has made in advancing women's leadership. Kenya has demonstrated a parallel commitment to gender parity with notable leaders such as Chief Justice Hon. Martha Koome, the Deputy Chief Justice, Lady Justice Philomena Mwilu, Chief Registrar, Hon. Winfrida Boyani Mokaya and Attorney General, Hon. Dorcas Oduor. All of whom are women in top leadership positions within our judicial and legal frameworks.
Their leadership reinforces that gender equality in governance is not merely an aspiration, but a tangible reality that Kenya continues to actively pursue. The conference featured several distinguished speakers, including Ambassador Gertrude Mongella of Tanzania and Dr. Louisa Akaiso, the founder of Women Win Africa, who co-hosted the event with me.
These distinguished leaders shared invaluable insights on the challenges that women face in leadership roles, emphasizing the urgent need for greater female representation at all levels of decision-making. Among them was also Aya Chebbi, the Great Tunisian Pan-African.
This conference was not just a platform for dialogue; it was a call to action. A key outcome was the recognition of the critical need for more women on the ballot. Female under-representation in elected positions remains a crucial barrier to the achievement of gender parity in governance.
To address this, the Women at the Ballot campaign was launched as an initiative to equip women with the necessary resources, tools and support to run for office, win, and lead effectively.
The conference also emphasized the need for increased female participation in appointive positions. Despite progress, women remain under-represented in key decision- making roles, which limits their ability to achieve truly inclusive governance.
Gender equality in leadership is not just a matter of justice; it is essential for the long-term prosperity and sustainable development of our nation and continent. I call on my fellow Senators and leaders to support these efforts with determination and urgency. We must ensure that women are empowered not only on the ballot, but also within the corridors of power.
Let us take bold actions to remove barriers that hinder women's advancement and create a future where leadership truly reflects the full diversity of our society.
Thank you, Sen. Lemaletian. Hon. Senators, now there are two Papers to be laid by the Chairperson Standing Committee on Trade, Industrialization and Tourism. It can also be done by the Vice- Chairperson or a Member.
Sen. Okenyuri, please, proceed to lay the Papers and give the notices of Motion.
PAPERS LAID
Thank you Mr. Deputy Speaker Sir. On behalf of the Chairperson Standing Committee on Trade, Industrialization, and Tourism, I beg to lay the following Papers on the table of the Senate today, Thursday, 5th December, 2024-
REPORT ON INTRODUCTION OF THE HOSPITALITY PROFESSIONALS BILL OF 2023
REPORT ON ALLEGED FRAUDULENT DEALINGS AT THE GOPLC, EAB LTD, KENYA BREWERIES, AND UDV KENYA LTD
NOTICES OF MOTION
ADOPTION OF REPORT ON INTRODUCTION OF THE HOSPITALITY PROFESSIONALS BILL OF 2023
Mr. Deputy Speaker, Sir, on behalf of the Chairperson Standing Committee of Trade, Industrialization and Tourism, I beg to give notice of the following Motions-
THAT the Senate adopts a report of the Standing Committee on Trade, Industrialization and Tourism on a petition regarding the introduction of the Hospitality Professionals Bill of 2023 laid on the table of Senate today, Thursday, 5th September, 2024.
ADOPTION OF REPORT ON ALLEGED FRAUDULENT DEALINGS AT THE GOPLC, EAB LTD, KENYA BREWERIES, AND UDV KENYA LTD
Thank you. Hon. Senators. There is a communication I want to make before we go to the Committee of the Whole.
MESSAGE FROM THE NATIONAL ASSEMBLY CONSIDERATION OF THE PRESIDENT'S RESERVATIONS TO THE COUNTY ALLOCATION OF REVENUE BILL, (SENATE BILL NO.25 OF 2024.)
THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL (NATIONAL ASSEMBLY BILLS NO.44 OF 2023)
Okay, let us now go to the Committee of the Whole from Order No.9 to Order No.14.
Clerk, please proceed to call out the Orders.
COMMITTEE OF THE WHOLE
IN THE COMMITTEE
THE FIRE AND RESCUE SERVICES PROFESSIONALS BILL (SENATE BILLS NO.55 OF 2023)
[The Temporary Chairperson (Sen. Abdul Haji) in the Chair]
DIVISION ELECTRONIC VOTING
County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Munyi Mundigi, Embu County; Sen. Murgor , West Pokot County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Odhiambo Ojienda; Kisumu County; Sen. Wafula, Bungoma County; and, Sen. Wambua, Kitui County.
AYES: 28. NOES: 0 ABSTENTIONS: 0
DIVISION ELECTRONIC VOTING
The Temporary Chairperson (Sen. Abdul Haji): Hon. Senators, the results of the division are as follows-
Hon. Senators, the results of the division are as follows-
AYES: 28. NOES: 0 ABSTENTIONS: 0
COMMITTEE OF THE WHOLE THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL (SENATE BILLS NO.38 OF 2023)
COMMITTEE OF THE WHOLE THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO.40 OF 2023)
Yes. The Temporary Chairperson (
Which one?
Deputy Speaker, have you voted? You are out of time. Sen. Wakili Sigei, Deputy Speaker and the Senate Majority Leader, kindly.
COMMITTEE OF THE WHOLE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO.40 OF 2023) DIVISION ELECTRONIC VOTING
AYES: 29 NOES: 0 ABSTENTIONS: 0
DIVISION ELECTRONIC VOTING
Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Joe Nyutu, Murang’a County; Sen. Kathuri, Meru County; Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. (Dr.) Oburu, Siaya County; Sen.Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. (Prof.) Tom Ojienda Odhiambo, SC Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County;and, Sen. Wambua, Kitui County.The Temporary Chairperson (
Hon. Senators, these are the results for the Second Division -
AYES: 32 NOES: 0 ABSTENTIONS: 0
COMMITTEE OF THE WHOLE THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL SENATE BILLS NO,12 OF 2024)
(Sen. Gataya Mo Fire and Sen. Cherarkey Walked to the Dispatch Box to vote manually)
DIVISION ELECTRONIC VOTING
AYES: 31 NOES: 0 ABSENTIONS: 0
DIVISION ELECTRONIC VOTING
Joe Nyutu, Murangá County; Sen. Kathuri, Meru County; Sen. Kavindu Muthama, Machakos County; Sen. Kisang’, Elgeyo Marakwet County; Sen. Kinyua, Laikipia County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. (Prof.) Tom Ojienda, SC; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.The Temporary Chairperson (
Hon. Senators, the results are as follows-
AYES: 30 NOES: 0 ABSENTIONS: 0
DIVISION ELECTRONIC VOTING
AYES: 30 NOES: 0 ABSENTIONS: 0
DIVISION ELECTRONIC VOTING
AYES: 31 NOES: 0 ABSENTIONS: 0
COMMITTEE OF THE WHOLE THE POLITICAL PARTIES (AMENDMENT) BILL (SENATE BILLS NO.26 OF 2024)
(Question that, Clauses5, 7, 8 and 2 be amended as proposed put and the Senate Proceeded to vote by County Delegations)
DIVISION ELECTRONIC VOTING POLITICAL PARTIES (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.26 OF 2024)
The Temporary Chairperson (Sen. Abdul Haji): Sen. Wakili Sigei please, approach the Desk
Hon. Senators, I wish to announce the results of this Division -
AYES: 31 NOES: 0 ABSTENTIONS: 0
DIVISION ELECTRONIC VOTING
AYES: 30 NOES: 0 ABSTENTIONS: 0
DIVISION ELECTRONIC VOTING
(Question that, Clauses3,4,5(amended), 6,7(amended), 8, New Clause 2A, New Clauses 4A, New clause 6A, New Clause 7A, New Clause 7B, New Clause 7C, New Clause 7D, New Clause 7E, Clause 2 (as amended), the Title and Clause 1 be part of theBill, put and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen.Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Joe Nyutu, Murang’a County; Sen. M. Kajwang’, Homa Bay County; Sen. Kathuri, Meru County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Oburu Oginga, Siaya County; Sen. (Prof.) Tom Odhiambo Ojienda SC, Kisumu County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.The Temporary Chairperson (
Hon. Senators, I wish to announce the results of this Division -
AYES: 29 NOES: 0 ABSTENTIONS: 0
COMMITTEE OF THE WHOLE THE ELECTIONS (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.29 OF 2024)
The Temporary Chairperson (
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 2 of the Bill is amended by deleting the definition of the term “employment contract” and substituting therefor the following new definition- “contract” means a written or oral agreement between the owner of a motorcycle and a rider which provides the terms and conditions of engagement, including wages, working hours, duties and responsibilities and other relevant matters.
The Temporary Chairperson
: Thank you. Hon. Senators.
Division will be at the end. Hon. Senators, we are now proceeding to the Division. Please be prepared to vote. Hon. Senators, you can now start voting.
Hon. Senators, we will now vote on clauses for deletion after putting the question. Start voting now.
Hon. Senators, the third Division are clauses with amendments. I will put the question, then you vote. Hon. Senators, start voting now.
Sen. Wakili Sigei, Sen. Wafula and Sen. Mandago, please approach the Clerk’s Table
DIVISION ELECTRONIC VOTING
proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa, County; Sen. Ali Roba, Mandera County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. Kathuri, Meru County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. M. Kajwang’, Homa Bay County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru; Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. (Prof.) Tom Odhiambo Ojienda, Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.
AYES: 32 NOES: Nil ABSTENTIONS: Nil
DIVISION ELECTRONIC VOTING
AYES: 30 NOES: Nil ABSTENTIONS: Nil
DIVISION ELECTRONIC VOTING
AYES: 32 NOES: 0 ABSTENTIONS: 0
Sen. Kathuri, Meru County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Lomenen, Turkana County; Sen. M. Kajwang', HomaBay County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. (Prof.) Tom Odhiambo Ojienda, SC, Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.
COMMITTEE OF THE WHOLE THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL (SENATE BILLS NO.38 OF 2023)
Hon. Senators, these are the results of the Division on the National Assembly amendments to the Cotton Industry Development Bill (Senate Bills No. 5 of 2023) .
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 2 of the Bill is amended by deleting the definition of the term “employment contract” and substituting therefor the following new definition- “contract” means a written or oral agreement between the owner of a motorcycle and a rider which provides the terms and conditions of engagement, including wages, working hours, duties and responsibilities and other relevant matters. The Temporary Chairperson (
Tom Ojienda Odhiambo, SC, Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.
Hon. Senators, these are the results of the Division on the National Assembly Amendments to the Cotton Industry Development Bill (Senate Bills No. 5 of 2023) .
DIVISION ELECTRONIC VOTING
AYES: 31 NOES: 0 ABSTENTIONS: 0
Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report on the Senate its considerations on the Fire and Rescue Services Professionals Bill (Senate Bills No. 55 of 2023) and its approval, thereof with amendments.
DIVISION ELECTRONIC VOTING
AYES: 31 NOES: 0 ABSTENTIONS: 0
DIVISION ELECTRONIC VOTING
Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Public Finance Management Amendment Bill (Senate Bills No. 40 of 2023) and its approval thereof with amendments.
Hon. Senators, these are the results of the Division on the National Assembly amendments to the Cotton Industry Development Bill (Senate Bills No. 5 of 2023) .
AYES: 31 NOES: 0 ABSTENTIONS: 0
DIVISION ELECTRONIC VOTING
Tom Ojienda Odhiambo, SC, Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.
Hon. Senators, these are the results of the Division on the National Assembly Amendments to the Cotton Industry Development Bill (Senate Bills No. 5 of 2023) .
AYES: 31 NOES: 0 ABSTENTIONS: 0
THE FIRE AND RESCUE SERVICE PROFESSIONALS BILL, (SENATE BILL NO. 55 OF 2023).
Hon. Senators, take your seats, please.
Hon. Members, please do not leave because we still have Division to undertake. We are reporting on the Bills which have just concluded on the Divisions and we will start with reporting of the Bill by the Committee of the Whole, The Fire and Rescue Services Professionals Bill (Senate Bill No.55 of 2023) .
Just one moment, Sen. Mbugua. Sen. Abass, please read it again.
Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report on the Senate its considerations on the Fire and Rescue Services Professionals Bill (Senate Bills No. 55 of 2023) and its approval, thereof with amendments.
THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL, (SENATE BILLS NO. 38 OF 2023)
Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. Mbugua to second.
THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO. 40 OF 2023).
Mr. Temporary Speaker, Sir, I second.
THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL (SENATE BILLS NO. 12 OF 2024)
I now call upon the Mover, Sen. Abass.
THE POLITICAL PARTIES (AMENDMENT) (NO.2) BILL (SENATE BILLS NO. 26 OF 2024)
Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of The Political Parties (Amendment) (No.2) Bill (Senate Bills No. 26 of 2024) and its approval thereof with amendments.
THE ELECTIONS (AMENDMENT) (NO. 2) BILL (SENATE BILLS NO. 29 OF 2024)
Mr. Temporary Speaker, Sir, I second.
Elections (Amendment) (No.2) Bill (Senate Bills No. 29 of 2024) and its approval thereof with amendments.
Hon. Senators, take your seats, please.
Hon. Members, please do not leave because we still have Division to undertake. We are reporting on the Bills which have just concluded on the Divisions and we will start with reporting of the Bill by the Committee of the Whole, The Fire and Rescue Services Professionals Bill (Senate Bill No.55 of 2023) .
THE FIRE AND RESCUE SERVICES PROFESSIONALS BILL (SENATE BILLS NO.55 OF 2023)
Thank you, Mr. Temporary Speaker, Sir. I beg to report that the Committee of the Whole has considered the Fire and Rescue Services Professionals Bill (Senate Bills No.55 of 2023) and its approval thereof with amendments.
I call upon the mover.
Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. Mbugua to second.
Sen. Mbugua, please proceed to second.
Mr. Temporary Speaker, Sir, I second.
We will proceed to the third reporting, that is the Public Finance Management (Amendment) Bill (Senate Bills No.40 of 2023) . I call upon the Chairperson to report.
Mr. Temporary Speaker, Sir, I beg to move that the Fire and Rescue Services Professionals Bill (Senate Bills No.55 of 2023) be read a Third Time. I request Sen. Mbugua to second.
Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Public Finance Management (Amendment) Bill (Senate Bills No.40 of 2023) and its approval thereof with amendments.
Mover, Sen. Kibwana.
Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I call upon the Majority Leader, Sen. Cheruiyot to second.
THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL (SENATE BILLS NO.38 OF 2023)
Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Public Transport (Motorcycle Regulation) Bill (Senate Bills No.38 of 2023) and its approval thereof with amendments.
I now call upon the Mover. Sen. (Dr.) Khalwale.
Mr. Temporary Speaker, Sir, I beg to move that the House doth agree with the Committee in the said report. I request Sen. Kibwana to second.
Mr. Temporary Speaker, Sir, I second.
Division will be at the end.
I will call upon the Mover.
I call upon the Mover. Proceed, Majority Leader.
Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request Sen. Kibwana to second.
Mr. Temporary Speaker, Sir, I second.
We will proceed to the third reporting, that is the Public Finance Management (Amendment) Bill (Senate Bills No.40 of 2023) . I call upon the Chairperson to report.
THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO.40 OF 2023)
Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Public Finance Management (Amendment) Bill (Senate Bills No.40 of 2023) and its approval thereof with amendments.
Mover, Sen. Kibwana.
Hon. Senators, we will proceed to report on the Political Parties (Amendment) (No.2) Bill (Senate Bills No.26 of 2024) and I call upon the Chairperson, Sen. Abdul to report.
Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Political Parties (Amendment) (No.2) Bill (Senate Bills No.26 of 2024) and its approval thereof with amendments.
I call upon the Mover to move the agreement to the report. The Senate Majority Leader.
Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request Sen. Kamau Githuku to second.
Thank you, Mr. Temporary Speaker, Sir. I second.
I call upon the Mover to move the Third Reading. The Senate Majority Leader.
THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL (SENATE BILLS NO.12 OF 2024)
I call upon the Mover. Proceed, Majority Leader.
Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request Sen. Kibwana to second.
Division at the end.
Mr. Temporary Speaker, Sir, I beg to move that the Intergovernmental Relations (Amendment) Bill (Senate Bills No.12 of 2024) be read a Third Time.
I request Sen. Hamida to second.
Mr. Temporary Speaker, Sir, I second.
Division at the end.
REPORTS AND CONSIDERATION OF REPORTS THE POLITICAL PARTIES (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.26 OF 2024)
Mr. Temporary Speaker, Sir, I second.
I call upon the Mover to move for the Third Reading. The Senate Majority Leader.
Mr. Temporary Speaker, Sir, I beg to move that the Elections (Amendment) (No.2) Bill (Senate Bills No. 29 of 2024) be now read a Third Time.
I request Sen. Eddy Oketch to second.
Mr. Temporary Speaker, Sir. I second.
Division at the end. Hon. Senators, for the convenience of the business of the House, I will direct that to facilitate voting in all the Divisions we have undertaken, I direct the Clerk to call Order No. 8 to be moved.
I call upon the Mover to move the Third Reading. The Senate Majority Leader.
Mr. Temporary Speaker, Sir, I beg to move that the Political Parties (Amendment) (No.2) Bill (Senate Bills No.26 of 2024) be now read a Third Time.
I request Sen. Githuku Kamau to second.
Mr. Temporary Speaker, Sir, I second.
Division at the end.
THE ELECTIONS (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.29 OF 2024)
Division at the end. Hon. Members, we are now going to the Third Reading of all the seven Bills and I ask the Serjeant-at-Arms to ring the Quorum Bell for five minutes.
Thank you, Mr. Temporary Speaker, Sir. I beg to report that the Committee of the Whole has considered the Elections (Amendment) (No.2) Bill (Senate Bills No. 29 of 2024) and its approval thereof with amendments.
[The Temporary Speaker (Sen. Veronica Maina) in the Chair]
Hon. Senators, let us resume our seats so that we can resume the Session.
Hon. Senators, kindly resume your seats. Sen. Kajwang’, Sen. Kamau, resume your seats. Sen. Eddy, Sen. Cherarkey and Sen. Sigei, resume your seats.
Mr. Temporary Speaker, Sir, I second.
I call upon the Mover to move for the Third Reading. The Senate Majority Leader.
Mr. Temporary Speaker, Sir, I beg to move that the Elections (Amendment) (No.2) Bill (Senate Bills No. 29 of 2024) be now read a Third Time.
I request Sen. Eddy Oketch to second.
Mr. Temporary Speaker, Sir. I second.
Division at the end. Hon. Senators, for the convenience of the business of the House, I will direct that to facilitate voting in all the Divisions we have undertaken, I direct the Clerk to call Order No. 8 to be moved.
THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL (NATIONAL ASSEMBLY BILLS NO.44 OF 2023)
The Senate Majority Leader.
Mr. Temporary Speaker, Sir, I beg to move that the Houses of Parliament (Bicameral Relations) Bill (National Assembly Bills No.44 of 2023) be now read a Third Time.
I request Sen. Eddy Oketch to second.
Mr. Speaker, Sir, I second.
Sen. Dullo and Sen. Onyonka, please approach the clerk's desk for assistance to vote for the last Division we have taken.
(Sen. Dullo and Sen. Onyonka walked to the Dispatch Box to vote manually)
Hon. Senators, we are now taking the final Division on Order No.8. It is a vote being retaken, pursuant to Starting Order No.89.
You may proceed to vote.
[The Temporary Speaker (Sen. Veronica Maina) in the Chair]
Hon. Senators, let us resume our seats so that we can resume the Session.
Hon. Senators, kindly resume your seats. Sen. Kajwang’, Sen. Kamau, resume your seats. Sen. Eddy, Sen. Cherarkey and Sen. Sigei, resume your seats.
COMMUNICATION FROM THE CHAIR
CORRECTION OF RESULTS OF ELECTRONIC VOTE FOLLOWING DIVISION ON THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL (NATIONAL ASSEMBLY BILLS NO.44 OF 2023)
error has occurred in the names of the Division lists, that fact shall be reported to the Senate and the Speaker shall direct that the necessary corrections be made.
Hon. Senators, during the Division of the New Clauses and Clauses with amendments, glitches in the electronic voting system resulted in erroneous printouts of the results. These were subsequently announced by the Chairperson of the Committee of the Whole as follows-
“New Clauses-
AYES: 25 NOES: 0 ABSTENTION: 0
AYES: 27 NOES: 0 ABSTENTION: 0
AYES: 26 NOES: 0 ABSTENTION: 0
AYES: 25 NOES: 0 ABSTENTION: 0
Hon. Senators, we are proceeding to the next Division. I will put the question that the Fire and Rescue Services Professionals Bill (Senate Bills No.55 of 2023) be now read a Third Time. Please proceed to vote.
Hon. Senators, we are proceeding to the next Division. I will put the question that the Public Transport (Motorcycle Regulation) Bill (Senate Bills No.38 of 2023) be now read a Third Time. Please proceed to vote.
Senators, you may proceed. The system is being rebooted. It will be up and running in a minute.
We are now ready to vote. Senators, you may now proceed to vote.
Sen. Mo Fire and Sen. Wakoli, please approach the Dispatch Desk.
We are proceeding to the next Division. I will put the question that the Public Finance Management (Amendment) Bill (Senate Bills No.40 of 2023) be now read a Third Time. Please proceed to vote.
You may proceed to vote. Sen. Onyonka, Sen. Kamau, Sen. Mandago, please approach the Dispatch Desk for assistance in voting.(Sen. Onyonka, Sen. Githuku and Sen. Mandago approached the Dispatch Box to vote manually)(Electronic voting in progress)We are proceeding to the next Division. I will put the question that the Intergovernmental Relations (Amendment) Bill (Senate Bills No.12 of 2024) be now read a Third Time. Please proceed to vote.(Electronic voting in progress)The Temporary Chairperson(
Sen. Wakoli and the Senate Majority Leader, please approach the Clerk’s Table.(Sen. Wafula and Sen. Cheruiyot walked to the Dispatch Box to vote manually)Hon. Senators, we are proceeding to the next Division. I will put the question that the Political Parties(Amendment)(No.2)Bill(Senate Bills No.26 of 2024)be now read a Third Time. Please proceed to vote.(Electronic voting in progress)(Sen. Faki walked to the Dipatch Box to vote manually)Sen. Faki, please approach the Clerk’s Table. We are moving to the next division. I will put the question that the Elections (Amendment) (No.2) Bill (Senate Bills No.29 of 2024) be now read a Third Time. Please proceed to vote.(Electronic voting in progress)Hon. Senators, as we wait for the completion of the last Division that has been undertaken, I want to inform you that we will retake the Division on Order No.8 because of the error that occurred. Retaking of this vote will be pursuant to Standing Order No.89, so we have one more Division we will retake in a few minutes.
Sen. Dullo and Sen. Onyonka, please approach the clerk's desk for assistance to vote for the last Division we have taken.
(Sen. Dullo and Sen. Onyonka walked to the Dispatch Box to vote manually)
Hon. Senators, we are now taking the final Division on Order No.8. It is a vote being retaken, pursuant to Starting Order No.89.
You may proceed to vote.
AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murangá County; Sen. Kisang, Elgeyo Marakwet County; Sen. Kinyua, Laikipia County; Sen. Lomenen, Turkana County; Sen.
THIRD READINGS DIVISION THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL (NATIONAL ASSEMBLY BILLS NO.44 OF 2023) ELECTRONIC VOTING
The results are as follows -
AYES: 28 NOES: 0 ABSTENTIONS: 0
DIVISION THE FIRE AND RESCUE SERVICES PROFESSIONALS BILL (SENATE BILLS NO.55 OF 2023) ELECTRONIC VOTING
Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.
These are the results of the Fire and Rescue Services Professional Bill (Senate Bills No.55 of 2023) -
AYES: 27 NOES: 0 ABSTENTIONS: 0
THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL (SENATE BILLS NO.38 OF 2023) ELECTRONIC VOTING
These are the results of the Public Transport (Motorcycle Regulation) Bill (Senate Bills No. 38 of 2023) -
AYES: 27 NOES: 0
ABSTENTIONS: 0
DIVISION THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO.40 OF 2023) ELECTRONIC VOTING
AYES: 28 NOES: 0 ABSENTIONS: 0
DIVISION THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL (SENATE BILLS NO.12 OF 2024) ELECTRONIC VOTING
AYES: 28 NOES: 0 ABSENTIONS: 0
DIVISION THE POLITICAL PARTIES (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.26 OF 2024) ELECTRONIC VOTING
AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murangá County; Sen. Kisang, Elgeyo Marakwet County; Sen. Kinyua, Laikipia County; Sen. Lomenen, Turkana County; Sen.
AYES: 28 NOES: 0 ABSENTIONS: 0
DIVISION THE ELECTIONS (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.29 OF 2024) ELECTRONIC VOTING
AYES: 28 NOES: 0 ABSENTIONS: 0
Please call out the next Order. Serjeant-at-Arms, you may unlock the doors and draw the Bars.
We call the Senate Majority Leader to move the Motion on adjournment. Hon. Senators, please wait for the Majority Leader to move the formal Motion for the adjournment of the House. We have re-organized the Order Paper to call out Order No. 32.
Hon. Senators, it will be in good order if you can resume your seats and we formally adjourn the House.
The Senate Majority Leader, you better take the stand and move to Order No. 32.
ADJOURNMENT OF THE SENATE PURSUANT TO THE APPROVED CALENDAR
Madam Temporary Speaker, I rise to move the following Motion, the adjournment of the Senate.
THAT, pursuant to Standing Order No.31 (3) , the Senate do adjourn until Tuesday, 11th February, 2025.
It gives me great pleasure to do this. I appreciate all the hon. Senators who have worked extremely hard during this session to make sure that we have had a fantastic session of the Senate. We have debated and handled matters of grave national importance
Madam Temporary Speaker. Let me reiterate what my dear colleague, the Senator for Migori, Eddy, a Yale University graduate, has said. If we do not deal with this issue of pending bills, we are going to be wasting our time. We are going to be digging a bigger hole.
The Controller of Budget (CoB) made a statement that certain counties have been rated high in terms of absorption of their development expenditure. However, if you go to those counties, because we sit in the County Public Accounts Committee (CPAC) and County Public Investments and Special Funds Committee (CPIC) , you will realise that the amount of pending bills is huge. It is something that will bring this country to a halt.
People have killed themselves. Let us make it a priority in the next coming session that we follow the implementation. That is why I keep on insisting that we need an implementation committee to follow through.
Very soon, you will find contractors attacking properties owned by the Government if these pending bills are not paid. So, it is imperative that we all work together to make sure that we maintain a fiduciary responsibility.
Finally, on the issue of extending, widening, and deepening our relations, I pray that when we go to Mombasa, we make it a reality to widen. I know my good friend---
Governors, the Senate and the Control of Budget with regards to the success of devolution.
That meeting is long overdue because we have serious issues that we need to be addressed. We hope that can be presented in a proper meeting where as adults we can face each other if there are legislative gaps that need to be filled up. When I said this earlier, Madam (Dr.) Margaret Nyakang’o reached out to me and shared her thoughts on it and said it is not just her office alone. That, you need to bring in CBK and so many other institutions that need to resolve that issue, particularly on the decentralization of services so that we do not have 47 County Executive Committee Members (CECMs) trooping to Nairobi with papers waiting for approval.
Therefore, Madam Temporary Speaker, I would like to challenge Sen. Roba and the Members of the Senate Standing Committee on Budget and Finance Committee that, they need to lead us in that particular discussion. There are many things that I could say.
Lastly, I would like to celebrate the industry that I have seen in this House the last two days where we have legislated. Apart from debate, many people do not know that there is actually lawmaking that goes on where you debate, you remove certain clauses and agree to certain amendments. That has been happening in this House.
Madam Temporary Speaker, I thank all the Senators that have participated in the last few days in ensuring that this comes to pass.
With all those remarks, I want to wish Senators, members of staff, and the people that work around the clock to ensure that this institution succeeds a Merry Christmas and a happy New Year, just in case we do not meet. However, you never know. I have moved adjournment Motions before and gone on to celebrate my holiday together with family and friends, only to be recalled when duty calls. So be on standby; Sen. Githuku, and Sen. Faki, please be on standby because you never know.
I also wish the Senators and Members of Parliament who are participating in the East African Legislative Assembly (EALA) Games well, as they troop to Mombasa tomorrow. Bring as much glory to the country as possible, interact, widen and deepen integration with regards to the East African Legislative Assembly Games and so many things that we need to do.
Madam Temporary Speaker, with those many remarks, I beg to move and request the Senator for Migori, Sen. Eddy Okech Gicheru, to second this Motion.
Madam Temporary Speaker, it is an honour indeed to second this Motion, which indeed I second. I second it because this has been a very tough year, in so many ways. In the middle of the year, we could not reflect on whether the last part of the year and where we could be heading towards the end of this year could go the way it has gone.
Let me just join in the voice of the Senate Majority Leader to congratulate all the Members of the Senate for standing up to several things in this country. First, when the country was faced with many challenges and could not figure out some stability, the Senate stepped up and gave the country some hope.
I get a lot of feedback from different institutions, both of government, corporate, and civil society, that the Senate stands as a very serious House of hope, and not just
hope, but also a place where they see as a place of getting recourse when the country is facing a lot of challenges.
Secondly, let me also take this chance to thank the leadership of the House starting from the Speaker and also the Speaker's Panel. This also goes to the Senate Business Committee (SBC) which helps us figure out our business every day.
We have tried to prioritize several issues that we have canvassed through that have made a lot of impact in terms of the lives of our people. This is exemplified indeed by what happened between yesterday and today, where we have managed, to the surprise of many, to mobilize all Senators to pass the County Allocation of Revenue Act (CARA). We passed the Division of Revenue Act (DoRA) at the right time. The Cash Disbursement Schedule was also passed at the right time and all the Bills that have been passed here. This could not have been possible without the leadership of the House, starting from the Speaker, going to the Senate Majority and Minority Leaders, the Senate Deputy Majority and Deputy Minority Leaders, and the Senate Majority and Minority Whips. On my side, my leadership has been very amazing in terms of just making sure that we can make sense of our duty under Article 96 of our Constitution.
I want to appreciate specifically the Senate Minority Leader, Sen. Steward Madzayo; my Whip, Sen. Ledama Olekina; my Deputy Minority Leader, Sen. Wambua, as well as Sen. Sifuna, for the leadership that they have given us to make sure that we can make sense of everything.
I do not want to say much because I know that one or two Senators might want to say one or two, three things, but there is one thing that the Senate Minority Whip brought to this House, and even as we go on recess, I wanted us to not lose sight of it.
I wanted to beg the Senate Majority Leader to provide leadership on this issue of pending bills. Even though we have passed some very essential Bills in this House, the issue of pending bills is tantamount to what the Senate Majority Leader has talked about, absorption rates of development money in counties. I checked the report, and in my county, in the last quarter, what the County Assembly had passed as a target for development was 36 per cent. In the report that has just come out from the Controller of Budget (CoB), we have 22 per cent that was used in development. That is even lower than the required 30 per cent.
I think this is happening because of the accumulation of serious pending bills. For instance, in Migori County, we have Kshs1.5 billion pending bills, and Kshs1 billion was accrued in the last financial year.
Madam Temporary Speaker, therefore, this House must stand on the interpretation of Article 228 (5). As a Senate, we should go to the Supreme Court to get a judicial review to make sure that we have the Controller of Budget (COB) indeed controlling the budgets of our counties. Without that interpretation, we are going to continue having serious, skyrocketing pending bills that we might never be able to deal with.
If you were to seek a recourse on Article 225, where the Cabinet Secretary is be able to stop some funds going to counties, you cannot do it without the COB taking control of overseeing the implementation of budgets in our counties. I urge Senators not lose sight of this one thing. The Minority Whip raised it, but we have not taken it seriously. If we do not address it, pending bills is going to be a growing concern that will
make the viability of our counties completely not possible. That is the only thing I have to say.
I also want to wish well all my fellow Senators. I wish them a Merry Christmas and a Happy New Year, but most importantly, enjoy your time in Mombasa. Make sure that you get fitter. Sen. Cherarkey, make sure you help us in whatever sport that you are taking. I do not know whether you are playing a sport called Ajua. Whatever sport that you are taking, make sure that the country wins.
Madam Temporary Speaker, with those few remarks, I second. Thank you.
Thank you, Sen. Eddy.
Hon. Senators, I have requests from Senators who wish to contribute to this Motion. I would propose that we agree because we have very few minutes and there are four Senators who would wish to contribute on the Motion. Can we do that in the few minutes?
You can take one minute each. Sen. Cherarkey and Sen. Faki, you have one minute each and we call it a day.
You will get the one minute if we have consensus on that.
Hon. Senators, it is now 6.34
Thank you. Your time is up. Sen. Mwinyihaji Faki, proceed.
Asante Bi. Spika wa Muda kwa kunipa fursa hii kuunga mkono Hoja ya Kiongozi wa Wengi kuhusu kuahirishwa kwa Bunge hili kwa msimu wa Krisimasi na Mwaka Mpya. Ni kweli kwamba tumefanya kazi nyingi mwaka huu na kulikuwa na mambo mengi ikiwamo mzozo wa Generation Z waliongia katika Bunge letu.
Cha msingi ni kwamba, ijapokuwa Seneti inafanya kazi yake, kuna mambo yanayofanyika yanayozidi kurejesha nyuma ugatuzi, kwa mfano, utendakazi wa serikali zetu za kaunti. Kuna malimbukizi ya madeni kila mwaka yanayosababisha hasara kwa kaunti zetu. Ikiwa kwa mwaka kaunti zinashindwa kulipa madeni na kuongeza mengine, ina maana kwamba yataendelea kuongezeka.
Bi. Spika wa Muda, nachukua fursa hii pia kuwakaribisha nyote na Wabunge wote wa Jumuiya ya Afrika Mashariki katika Kaunti ya Mombasa kwa michezo ya---
Give him half a minute.
Mheshimiwa yeyote ambaye pengine atakuwa ametumia pesa na kumaliza, mimi niko Mombasa. Nitahakikisha kwamba nimemlipia nauli ya treni ili arudi nyumbani.
Asanteni.
Let us have Sen. Ledama then we close with Sen. Munyi Mundigi. You have one minute each.
Madam Temporary Speaker. Let me reiterate what my dear colleague, the Senator for Migori, Eddy, a Yale University graduate, has said. If we do not deal with this issue of pending bills, we are going to be wasting our time. We are going to be digging a bigger hole.
The Controller of Budget (CoB) made a statement that certain counties have been rated high in terms of absorption of their development expenditure. However, if you go to those counties, because we sit in the County Public Accounts Committee (CPAC) and County Public Investments and Special Funds Committee (CPIC) , you will realise that the amount of pending bills is huge. It is something that will bring this country to a halt.
People have killed themselves. Let us make it a priority in the next coming session that we follow the implementation. That is why I keep on insisting that we need an implementation committee to follow through.
Very soon, you will find contractors attacking properties owned by the Government if these pending bills are not paid. So, it is imperative that we all work together to make sure that we maintain a fiduciary responsibility.
Finally, on the issue of extending, widening, and deepening our relations, I pray that when we go to Mombasa, we make it a reality to widen. I know my good friend---
Your time is up. Sen. Mundigi, you have the Floor. You have one minute only.
Bi. Spika wa Muda, naunga mkono kuwa twende likizo kwa msimu huu wa Krismasi. Katika msimu huu, naomba sisi Maseneta 67 tuombee nchi yetu ya Kenya na kaunti zetu.
Nami pia naunga mkono yaliyosemwa na Kiongozi wa Wengi. Mwaka ujao, naomba tuwe na mkutano wa magavana, Maseneta na maafisa wa Hazina ya Kitaifa tusemezane ili kuona jinsi tutabadilisha uchumi wa kaunti zetu. Pesa wanazopewa magavana wanafaa kuzitumia kwa njia inayofaa.
Mwisho, naomba nigusie swala la Wabunge kuleta shida wakati tunapotaka kusaidia kaunti zetu. Mwaka ujao, sisi kama Maseneta hatutakubali jinsi ilivyofanyika mwaka huu. Tuna imani kwamba mwaka ujao uchumi utaimarika. Kwa hivyo kaunti zetu zipewe pesa kulingana na vile tutakavyoidhinisha.
Hon. Senators, I will give the Senate Majority Leader a minute to reply to this Motion. Apologies for that. We have extended the time for the sitting today under Standing Order No.34 (2A) to allow the Senate Majority Leader to reply.
Madam Temporary Speaker, I want to appreciate the four Senators who have spoken to this Motion. There is something that maybe I forgot or probably did not bring out clearly in my appreciation to the Senators for working hard. It is the industry of our secretariat as well, led by our Clerk, together with all the members of staff who work with us to make this Senate what it is. We send our deepest appreciation for all that they do to make us who we are.
Thank you very much, Senate Majority Leader. You have also done a good job throughout the session and we appreciate your effort together with the Senate Minority Leader.
ADJOURNMENT
Hon. Senators, it is now 6.34