Thursday, 6th November, 2025

Clerk, do we have quorum?

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

Order, hon. Senators, we now have quorum. Kindly settle down. Sen. Karen Nyamu and Sen. Murgor kindly take your seats.

Clerk, you may call the first Order.

Sen. Faki take your seat. We are waiting for you. That is the respect we accord you.

Services, Senate.

Mr. Speaker, Sir, I join you, on behalf of my colleagues, to welcome this delegation of members from various counties who are here in Parliament on a study tour with the CPST, a premier institute which I regret that as a Senate, we do not use as much as we should.

When members of a county assembly come to train, sometimes they leave here better equipped than even us, legislators. This is because I know the kind of content that CPST offers. I was a board member in that institution for five years last term. I know that they have partnerships with premier global institutions, and they offer that training at the CPST Centre.

I appreciate that these officers of the county assemblies that are here continue to do so, to capacity build and ensure that they learn from this institution to better their skills as they apply their trade in our various county assemblies.

Mr. Speaker, Sir, I am certain that they leave Nairobi better armed and equipped to serve various county assemblies and dispense the knowledge and the wisdom that they have acquired during the duration of their studies. I wish them well and continue to urge all other county assemblies that have not been to the CPST that they are missing out on very useful information that is offered at the institution.

I thank you, Mr. Speaker, Sir.

Next Order. Senator for Nairobi City County, what is your intervention?

Mr. Speaker, Sir, with your kind permission, I just wanted to inform the Majority Leader that part of the delegation is from Elgeyo Marakwet. We had very serious loss of lives there, so that maybe he records the message of condolence from this House to the delegation from Elgeyo Marakwet or through their Senator as well.

Senator for Nairobi City County, I remember approving a Statement on that subject. I know it will be read out by the Senator standing by my side here, but you can as well register your condolences.

Very well, Mr. Speaker, Sir. I take this opportunity to send our condolences to the delegation from Elegyo Marakwet both as your countrymen, as the people of Nairobi, and of course the party that I represent, the Orange Democratic Movement (ODM) , for the tragedy that has befallen you. We are together with you as your brothers and sisters. Through your Senator, we will be extending a hand of help for all the victims. We say, pole sana. May they rest in peace, and may God be with the people of Elgeyo Marakwet.

I thank you, Mr. Speaker, Sir, for the opportunity.

Next Order.

Services, Senate.

Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, Thursday, 6th November, 2025-

Next Order.

Services, Senate.

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

THAT, the Senate resolves that during the long recesses of the Fourth Session of the 13th Parliament, where any Statutory Instrument or Paper is transmitted for tabling in the Senate, and the Speaker determines that the Statutory Instrument or Paper is of priority; the Speaker shall forthwith refer the Statutory Instrument or Paper to the relevant Committee for consideration and the Statutory Instrument or Paper, shall be deemed to have been tabled before the Senate and the Speaker shall report the Statutory Instrument or Paper to the Senate and cause the Statutory Instrument to be tabled in the Senate in accordance with the provisions of Section 11 of the Statutory Instruments Act

and the Paper to be tabled before the Senate at its next Sitting.

Thank you, Mr. Speaker, Sir.

Next Order.

Statement pursuant to Standing Order No.52 (1) . Senator for Nandi County, Hon. Samson Cherarkey.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to seek a Statement on a matter of international and national concern namely, the exceptional performance of Kenyan athletes at the recently concluded 2025 New York City Marathon, one of the premier marathons.

Kenya has once again demonstrated its global dominance in long-distance running, with our athletes securing top positions in both the men's and women's elite categories. Hellen Obiri emerged victorious in the women's race, setting a new course record and reaffirming her status as one of the world's leading marathoners.

Benson Kipruto won the men's race in a dramatic sprint finish, edging out fellow Kenyan Alexander Mutiso by a fraction of a second. Mutiso's second place finish further underscored by the depth of Kenyan talent and the competitive spirit that defines our athletes. Sharon Lokedi, a former champion, also delivered a strong performance, maintaining the Kenyans' formidable presence in the women's field.

Services, Senate.

Mr. Speaker, Sir, these achievements are a source of immense national pride. They reflect the discipline, resilience and excellence of our athletes who continue to elevate the Kenyans' profile on the global stage. Their victories are not only personal milestones, but also national triumphs that deserve formal recognition and celebration.

It is time that we, as a country, deepen our commitment to supporting our athletes, not only in moments of victory, but throughout their journey. Their success is not accidental. It is a result of years of sacrifice, rigorous training and unwavering dedication that they wake up as early as 5.00 a.m. to chase this glory.

The Government must play a more active role in appreciating and empowering these champions, ensuring they are recognized, rewarded and supported in ways that reflect the magnitude of contribution to our national identity and pride.

Kenyan athletes are not only sports icons, but also cultural ambassadors who inspire millions across the globe, including Eliud Kipchoge. Their achievements bring honour to our flag and unite us in celebration.

It is therefore imperative that we institutionalise a culture of recognition that goes beyond symbolic gestures only. We must ensure that their stories are told, their legacies preserved and their welfare prioritised, both during and after their active careers.

Furthermore, the success of our athletes should catalyse renewed investment in sports infrastructure. For example, Talanta Hela Stadium, proposed to be named Raila Odinga Talanta Stadium, will enhance coaching and talent development across all our counties.

By nurturing young athletes and creating pathways to international competition, we can sustain Kenya's legacy in athletics while unlocking new opportunities for youth empowerment and national cohesion. Finally, let us honor our champions not only with applause, but with tangible support and national appreciation. Their achievements are a reflection of Kenya's excellence and they deserve to be celebrated as heroes and heroines of our time.

Mr. Speaker, Sir, to advise the House, run at least 20 kilometers every day like me, so that you can see the benefits of running.

I thank you.

Hon. Senator for Nandi, whenever you have the opportunity, stick to the written statement.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on an issue of national concern regarding the recent flooding and landslide that occurred in Elgeyo Marakwet County on 1st November, 2025.

I share my deepest condolences to the people of my county, Elgeyo Marakwet, during this difficult and profound period of tragedy following the devastating landslides that struck our county on 1st November, 2025, affecting Kabetu, Koro, Chesongo, Mokil,

Services, Senate. Moror villages in Marakwet East Constituency and Kibendo area in Keiyo North. This past week has been marked with overwhelming sadness.

I grieve with every family that has lost loved ones. The confirmation of 35 deaths from Marakwet East and two from Kibendo, Keiyo North, is a tragedy that has shaken us all in the country. My thoughts are also with the families that have been affected by this tragedy. To those who were injured and are now recovering in the hospital, I send my sincere wishes for a complete and swift recovery.

Mr. Speaker, Sir, the loss of lives, homes, livestock and vital infrastructure is a very painful blow to the people of Elgeyo Marakwet County. I know that the scars of this disaster will run deep. Amidst this darkness, I have witnessed the inspiring courage and dedication of our multi-agency teams that are on the ground and I must express my profound gratitude. When the landslides and flooding rendered major roads impassible and the electricity was cut off, these dedicated men and women acted swiftly, demonstrating extraordinary heroism.

I also extend my sincere gratitude to the Government of Kenya, led by His Excellency the President, Dr. William Samoei Ruto, for the prompt and swift response and the essential support we have received so far.

I want to sincerely appreciate the different ministries, including the Ministry of Interior and National Administration led by the Cabinet Secretary, Hon. Kipchumba Murkomen, who is from the county, Ministry of Water, Sanitation and Irrigation, led by Hon. Eric Mugaa, Ministry of Environment, Climate Change and Forestry, by the Cabinet Secretary Hon. Deborah Barasa, Cabinet Secretary for Roads and Transport and Cabinet Secretary for Public Service, Human Capital Development and Special Programmes, Hon. Ruku.

I also thank the Kenya Defense Forces (KDF), Kenya Power (KP), the Red Cross, the World Vision and the different multi-agencies that are taking part in the rescue mission and lifting the injured and relentlessly searching for the missing persons and transporting food and diverse humanitarian support, both by air and road.

I also thank the multi-agency teams who responded immediately to rescue those trapped in the debris and lifted the injured to hospitals, saving precious lives when time was of the essence. They relentlessly continued the search for our missing people.

I also commend the leadership of Elgeyo Marakwet County and the tireless community leaders and officials involved. The work they did and continue to do to rescue our people and begin the challenging process of restoring services and infrastructure is commendable. Your unity and action has been the light in this dark moment.

I also want to thank all the organisations and individuals who have stepped up to provide humanitarian support. Your contributions, whether in the form of money or essential items, have brought immediate relief and comfort to the families who have lost everything. Your kindness demonstrates the true spirit of compassion and national unity.

Furthermore, I also want to thank all the Elgeyo Marakwet County leaders who, despite being on official work abroad, swiftly cut short travel due to the disaster and returned back home in the shortest time possible to condole, empathise with and support our people during this difficult time.

Services, Senate.

Mr. Speaker, Sir, I want to appeal to the national Government and the county governments, to provide temporary shelter as we look into long-term solutions of compensation and resettlement of the affected families. I want to request the Ministry of Health to provide medical care and psychosocial support to the affected victims and their families. This will ease the pain and help in the recovery.

As we move from the immediate risky phase into recovery, the needs of our affected communities will remain immense. I urge everyone, the Government, development partners, organisations and every caring individual, to continue supporting the people of Elgeyo Marakwet County at this critical time.

Our collective effort is vital to help them rebuild their lives and communities. We will continue to pray for the affected families and work tirelessly to restore services to heal and rebuild their communities. Also, as the Senate, I appeal to my colleagues in this particular House to come in and in any way, help the people of my county.

I thank you.

Hon. Senators, before we move to the Statements pursuant to Standing Order No.53 (1) , allow me for the convenience of the House, to rearrange today's Order Paper pursuant to Standing Order No.45 (2) , so that we handle Orders No.10, 11, 12 and 14. Thereafter, we will resume the normal flow as contained in today's Order Paper.

Clerk, you may proceed to call those orders.

Services, Senate. living in major cities like Nairobi, Mombasa and Kisumu where the cost of living is too high;

NOW THEREFORE the Senate resolves that the Cabinet Secretary for Public Service and Human Capital Development in consultation with the Public Service Commission reviews the Guidelines to the Public Service Internship Programme of October, 2019 with a view to: -

cost of living; and

Clerk, do we have the requisite quorum?

Hon. Senators, I will proceed to put the question.

Next Order.

Do we have the requisite quorum?

Services, Senate.

Next Order.

Services, Senate.

Mr. Speaker, Sir, I have two concurrent Statements. If you may, you can allow me to read both.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of countrywide concern regarding the safety and dignity of police officers in the line of duty following the recent assault of law enforcement personnel by a foreign national in Diani, Kwale County.

On 28th October 2025, a Dutch national by the name Mr. Elwin Terhorst was arrested at Boma Banda Cottages in Diani after allegedly assaulting his Kenyan girlfriend and vandalising property. Upon arrest and during detention at Diani Police Station, the suspect engaged in violent and degrading conduct, including spitting mucus at a female police officer, verbally abusing police personnel and resisting lawful arrest.

The incident captured on video and widely circulated online has sparked national outrage and raised serious questions about treatment of Kenyan police officers, especially in cases involving foreign nationals.

Services, Senate.

In the Statement, the Committee should address the following-

safety of police officers during arrest and detention procedures, particularly when handling violent or abusive suspects, including foreign nationals and indicate whether these measures were observed in the Diani incident.

any charges filed, court appearances or deportation processes initiated and how the Ministry of Foreign and Diaspora Affairs engages relevant embassies or consulates when foreign nationals violate the Kenyan laws or endanger public servants.

harassment or trauma in the line of duty and whether any such assistance was extended to the female officer assaulted in this case.

diplomatic bias in the administration of justice, to ensure that all offenders, regardless of nationality, are held equally accountable under the Kenyan law.

enhance training for high-risk operations, improve public communication on justice and accountability and advance legislative or policy reforms to protect officers from assault and abuse.

Mr. Speaker, Sir, with your indulgence, let me move on to my second Statement.

Services, Senate.

equity, farmers efforts and regional development goals, including support mechanisms extended to factories and farmers in low-bonus regions, especially West Rift, to improve quality and competitiveness. (6) Whether KTDA's pricing and quality systems are subjected to independent audit or oversight and share findings from such audits over the last three years.

Tea Development Agency decision making, especially on pricing, quality and bonuses.

I thank you, Mr. Speaker, Sir.

Asante Bw. Spika. Nasimama kwa mujibu wa Kanuni za Kudumu 53 (1) za Seneti kuomba kauli kutoka kwa Kamati ya Leba na Ustawi wa Jamii kuhusu kucheleweshwa kwa mishahara ya wafanyakazi wa Shirika la Posta.

Katika siku za hivi karibuni, Shirika la Posta limekumbwa na matatizo ya kulipa mishahara kwa wafanyikazi wake. Hivi sasa shirika hilo halijawalipa wafanyakazi mishahara kutoka mwezi wa Aprili mwaka huu. Juhudi za wafanyikazi hao kutetea haki zao zimegonga mwamba na wakurugenzi wa shirika hilo wameshindwa kutoa mwelekeo. Kando na hayo, na la kushangaza ni kwamba shirika hili limekuwa likiajiri wafanyikazi wapya katika muda huu

Katika kauli hiyo, Kamati izingatiye yafuatayo-

Proceed, Sen. Chute.

Thank you very much, Mr. Speaker, Sir. I have two Statements to read. I will start with the first one and it is a request of a Statement on retention of funds for construction in Marsabit County.

I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing on a matter of countywide concern

Services, Senate. regarding the management and disbursement of retention funds arising from construction and contracts executed by the County Government of Marsabit.

Retention funds serve as a critical financial safeguard in construction projects designed to guarantee contractual compliance, workmanship quality and project completion. However, there have been growing reports of delays, lack of transparency and possible mismanagement in the release of these funds to contractors. This situation has strained the relationship between the county government and local contractors and in some cases it has led to stalling or abandonment of development projects.

Therefore, in the Statement, the Committee should address the following-

various contractors from the Financial Year 2018/2019 to date, including details of the respective projects and their contractual values.

those fully paid, those partially paid and the specific amounts outstanding in each case.

retention funds and whether these conform to the provisions of the public finance management regulations and contractual terms.

where these accounts are domiciled and certified bank statements as of the most recent quarter.

government and whether these operated transparently under the oversight of the county treasury and the Office of the Auditor-General.

Mr. Speaker, Sir, let me read my second statement.

Services, Senate. relevant oversight agencies indicating specific defects identified and the actions taken against the contractors or officials found responsible for substandard works.

drainage, improvement works, terminal floor rehabilitation and roof repairs, specifying project timelines, contractors' budget, the allocation and measures instituted to ensure transparency, value for money and adherence to international aviation standards.

International Civil Aviation Organisation (ICAO) safety and facility audits reports on JKIA's operational ranking, particularly on runway integrity, firefighting capacity, wildlife hazards and passenger infrastructure and outline the corrective measures being undertaken to avert a downgrade of JKIA's safety as a service category.

terminal floors and restrooms, highlighting maintenance and standards, hygienic levels, contractual obligations of cleaning and maintenance firms and the actions established by KAA to uphold acceptable service quality.

infrastructure governance, maintenance accountability and safety compliance across all airports managed by KAA, ensuring consistence with ICAO and IATA standards.

Thank you, honorable Speaker.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health on a matter of national concern regarding the acute shortage of psychiatrists in Kenya.

Mental health has emerged as a major public health challenge, yet the number of qualified psychiatrists in the country remains severely inadequate. Available data indicates that Kenya falls drastically short of the World Health Organization (WHO) recommended ratio of one to 10,000 psychiatrists to population ratio.

Consequently, mental health institutions and public hospitals across the country are overstretched with patients facing prolonged waiting periods, limited access to specialised services and, in many cases, a complete lack of psychiatric support.

In the Statement, the Committee should address the following-

Services, Senate.

Services, Senate. reportedly continued with construction in open defiance of the Tribunal's directive raising serious concerns about the enforcement of environmental and judicial orders and the broader implications for the rule of law and public confidence in regulatory institutions.

In the Statement, the Committee should address the following-

details of approvals or permits granted to the ongoing construction, the developers involved and the Environment Impact Assessment (EIA) process undertaken by NEMA.

ensure compliance with the Tribunal's order of 9th June, 2025 and to prevent further violation of lawful directives; and,

judicial orders and whether enforcement to contempt action has been initiated against the parties involved.

I thank you, Mr. Speaker, Sir.

The next Statement is with regard to the rising cases of Gender- Based violence (GBV) and the need for a national framework to address it.

Mr. Speaker, Sir, I rise pursuant to Standing Orders No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare on a matter of countrywide concern regarding the rising cases of gender-based violence and the need for a national framework to address it.

A brutal assault was recently reported in Narok County where a pregnant woman was attacked on Friday, 26th September, 2025 by four men, reportedly her brothers, for defying her family's choice of the man to marry her. This shocking incident underscores the persistence of harmful cultural practices, discrimination and violence against women and girls and highlights the urgent need for a strong and coordinated national response to GBV.

Despite the establishment of the Nancy Barraza-led National Task Force on Gender-Based Violence and Femicide, a comprehensive national framework is yet to be tabled before Parliament for scrutiny and adoption. Survivors of GBV continue to face intimidation, stigma, lack of protection and inadequate support services, while perpetrators often act with impunity. There is therefore an urgent need for a clear and practical framework that ensures accountability, coordinated enforcement and comprehensive protection for survivors across the country.

In the Statement, the Committee should address the following-

Services, Senate.

governments, in ensuring accessible survivor support services, including medical, psychosocial and legal assistance;

community-level interventions aimed at eliminating harmful cultural practices that perpetuate GBV.

I thank you, Mr. Speaker, Sir.

The Senator for Kisumu County, the Hon. (Prof.) Tom Odhiambo Ojienda.

Sen. (Prof.) Tom Odhiambo Ojienda had two statements. Both statements are dropped

Sen. Karen Nyamu.

I rise pursuant to Standing Orders No.53 (1) to seek a Statement from the Standing Committee on Trade, Industrialisation and Tourism on a matter of national concern regarding the widespread sale of counterfeit alcoholic beverages in licensed outlets across the country.

Mr. Speaker, Sir, unlike illicit brews, this crisis involves fake versions of genuine licensed brands, fraudulently packaged and sold as authentic brands. Counterfeits are replicating branded packaging and are fixing falsified Kenya Bureau of Standards (KEBS) stickers and excise duty stamps to deceive consumers.

As a result, unsuspecting Kenyans are exposed to toxic substances leading to cases of poisoning, permanent injury and even death. The situation jeopardises not only consumer safety, but also the integrity of compliant manufacturers, distributors and retailers.

In the Statement, the Committee should address the following-

Services, Senate.

technological tracking of excise duty stamps and conduct public awareness campaigns to safeguard consumers and restore trust in the regulatory system.

I thank you, Mr. Speaker, Sir.

Sen. James Lomenen, the Senator for Turkana County.

Thank you, Mr. Speaker, Sir. I have a request for a Statement on the harassment and killing of fishermen by the Kenya Wildlife Service (KWS) officers in Lake Turkana.

I rise pursuant to Standing Orders No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of country- wide concern regarding the harassment and killing of fishermen by KWS officers in Lake Turkana, allegedly in the course of anti-poaching operations over restricted areas of Lake Turkana.

Fishermen operating along Turkana have been subjected to harassment and in some cases, fatal encounters at the hands of KWS officers during anti-poaching operations in areas designated as restricted. These actions have occurred in absence of public sensitisation or clear demarcation of the said zones, leaving local communities vulnerable to enforcement measures they do not fully understand. This situation has not only endangered lives, but also disrupted vital economic activity for the region.

In the Statement, the Committee should address the following-

Sen. Osotsi.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare on a matter of

Services, Senate. county-wide concern regarding the ongoing dismissal of over 500 employees by the County Government of Vihiga arising from payroll irregularities covering the period between 2019 and 2025.

A payroll reconciliation exercise was undertaken by the County Executive of Vihiga, which revealed anomalies in the payment of salaries and allowances with some employees being overpaid while others being underpaid. The reconciliation report was submitted to the County Public Service Board (CPSB) upon which the Executive recommended the dismissal of the employees across three departments of health, public service and finance.

Consequently, over 60 employees, including junior and middle-level officers have already been issued with dismissal letters, while accounting officers in charge of public service, finance and human capital who bear overall responsibility under Regulation 22(1)(b) of the Public Finance Management (County Governments) Regulations, 2015, have not been affected.

This is contrary to the requirement that accounting officers be accountable to their county assembly for establishing and maintaining effective financial management controls and systems.

The Office of the Auditor-General (OAG) in a special audit report on the payroll management of the County Executive of Vihiga that was published in July, 2025 made the following findings-

Personnel Database (IPPD) and the HRISKE system and approved budgets.

Financial Management Information System (IFMIS).

establishment.

Further, neither the reconciliation report nor the Auditor-General's report were tabled and debated in the county assembly, thereby denying the assembly an opportunity to exercise the oversight mandate.

In the Statement, the Committee should address the following-

including why the same was not shared with affected employees in line with the fair administrative action principle.

and underpaid, the criteria used in determining culpability, including how the affected employees allegedly contributed to the fraud and the inconsistencies.

Services, Senate.

departmental heads in line with the Regulation 22(1)(b) of the Public Finance Management (County Governments) Regulations, 2015.

alleged overpayments, while simultaneously issuing dismissal letters and whether these constitute double jeopardy and unfair labour practise.

employees despite the existing freeze on employment and the legal basis for such action.

and recommendations of the Auditor-General’s report that was published in July, 2025, including measures to prevent recurrence and whether in light of the reports not being properly conversed in the county assembly, the board could recede the decisions on the dismissals until the county assembly is seized of the matter.

I thank you.

Sen. Mandago.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee of Agriculture, Livestock and Fisheries on a matter of national concern regarding the provision and mobilisation of grain dryers during the ongoing rainy season and the measures being taken to mitigate post-harvest losses in maize-growing regions.

The country is currently experiencing heavy rainfall that coincides with the maize-harvesting season, particularly in major producing counties such as Uasin Gishu, Trans Nzoia, Bungoma, Nandi, Kakamega, Elgeyo Marakwet and parts of Nakuru. The ongoing rains pose a serious threat to the quality and safety of harvested maize, as high moisture content increases the risk of post-harvest losses and aflatoxin contamination.

Although the Government has previously invested in procurement of grain dryers in several counties, there remain widespread concerns regarding the adequacy, distribution, functionality and accessibility, particularly in high-production regions where demand for drying facilities is most critical.

In the Statement, the Committee should address the following-

Services, Senate.

(NCPB) in facilitating post-harvest management, including logistical support for the movement and utilisation of these dryers.

Statement pursuant to Standing Order 57. The Senate Majority Leader.

Mr. Speaker, Sir, with your permission, may I also comment on the earlier statements once I have concluded this?

Just read your Statement, Senate Majority Leader.

Mr. Speaker, Sir, why are you making my enemies happy?

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.57 (1) to present the business for the week that will commence on 11th November, 2025. The legislative business before the Senate is as follows - Sixty-two Bills are pending conclusion, out of which 44 are at Second Reading, 15 are at the Committee of the Whole, and three at the First Reading stage, of which one is on schedule in today's Order Paper.

There are 35 Motions that are pending conclusion. Nineteen petitions are currently pending conclusion, out of which 15 are actually due for reporting. I continue to urge the chairpersons of those committees that have petitions that are due for reporting to expedite and bring reports.

I must note that today we moved fairly well and have actually cleared about four reports from the various committees by way of voting. I want to commend the chairpersons that processed that work and urge the rest, the 15 of them, that we consider them.

There are 472 statements, pursuant to Standing Order No.53 (1) that are being considered by the standing committees. As Senators, you might be aware, at Orders No.10 to 14, there are several motions. We actually have spoken to that.

Further, at Order No.20, The County Governments Additional Allocation Bill (Senate Bills No.8 of 2025) has been listed for consideration of the National Assembly amendments. This is an important financial instrument that will facilitate additional funding to county governments operation. It goes without saying that we need to give this matter utmost priority.

Mr. Speaker, Sir, I must say that I am disappointed. Allow me to say this, we have tried to process this business from Tuesday, but we do not seem to raise the requisite numbers. In fact, somebody was asking me this week; why do people fight so hard to come to this House? If you denied them party tickets, they would destroy you. However, once they are elected, they are not available to pass business; it is unfortunate. The

Services, Senate. County Governments Additional Allocation has no money, Sen. (Dr.) Khalwale, that will make people do their work - it is a passion you have to appreciate.

Mr. Speaker, Sir, in fact, if I am to confess, I am supposed to be on paternity leave. However, I have been at work the whole of this week because I know how important this work is. However, we cannot find the other people to finish it.

What is your point of order, Sen. Boni?

Mr. Speaker, Sir, I rise under Standing Order No.105. Did you hear the Senate Majority Leader announce that he is being denied an opportunity to go on maternity leave? Could he prove that he is pregnant?

Mr. Speaker, Sir, laymen are shouting and they do not know that pregnancy is carried by women. Are you suggesting that the Senate Majority Leader is a woman? If he is---

Order! Sen. Boni, that laughter speaks a lot and that is what I will use to make my ruling. You are totally out of order.

Proceed, Majority Leader.

Mr. Speaker, Sir, I do not know what Sen. Boni had for lunch. I saw him taking some colourless liquid which I assumed to be water but now he is not hearing me well. I may be tempted to believe that it may be some of the favourite drink I see him enjoy over the weekend before bullfighting.

Mr. Speaker, Sir, on Tuesday next week, which is 11th November 2025, after the Senate Business Committee (SBC) meets to consider the business of the week, we shall be proposing to the House various critical Bills that have also been part and parcel of our legislative journey this session. I have just had a meeting with the Chairperson of the Committee on Agriculture, Fisheries and Livestock. They are representatives of coffee farmers in this House. We have tried to do The Coffee Bill for the past two years. It is now at the mediation stage. I plead with members of the Mediation Committee, Sen. Catherine Mumma and the rest of your colleagues; avail yourselves. It will be a travesty of justice of the greatest proportion, if we break for the long recess without concluding on The Coffee Bill. Our farmers are waiting for this Bill because it is transformational and it helps them earn better and manage this sector better. For the last two years, that Bill has been between both Houses of Parliament. It is now finally in the Mediation Committee.

Our Cooperatives Bill is another very important piece of legislation. We all know, at least, a representative or members of cooperative societies back in our villages. At least any representative of the people in this House knows a few members of our SACCOs and you know the challenges that our circles continue to face. The law that is in use presently, is a 2005 law. It is not even in conformity with the new Constitution.

We have done a lot of work on that particular Bill, but we cannot conclude on it until we raise the requisite quorum. I plead with you, Members, please, let us try and conclude on this Bill for the sake of the people that we represent in this House.

Services, Senate.

There is a Technopolis Bill that includes the setting up of regional hubs like Konza City and the rest that are in line. I request that members find time so that we come and conclude on that business.

On Wednesday, during question time, we shall have the Cabinet Secretary for Gender, Culture, the Arts and Heritage and the Cabinet Secretary for Public Service, Human Capital Development and Special Programmes and the Cabinet Secretary for National Treasury and Economic Planning, who shall be responding to questions by various Members. I request that we find time to come and interact with the Cabinet Secretaries. The last two weeks have been very interesting, listening to that particular session. I want to appreciate our colleagues who took time to come and grill our Cabinet Secretaries and make sure that they respond to the representatives of the people. We had the Cabinet Secretary for Health last week. This week, we spent quite some time with the Cabinet Secretary for Interior and National Administration, who actually did not conclude on the list of questions. We shall reschedule for those members whose questions were not considered during that session. However, next week, those are the Cabinet Secretaries.

There are various Bills that are at the Second Reading stage, very important Bills as well, which I hope that we can conclude on, including an amendment to the Public Finance Management. I am not sure we can conclude on that, but it is an important amendment that will grant this House adequate time to consider the Budget Policy Statement (BPS). Remember, we only have 14 days upon the laying of the BPS, by 14th February, most of the time, when we resume.

By the 28th, which is two weeks after that, all our committees are supposed to have considered, listened to, engaged stakeholders and brought a report to this House. Sometimes that time is too limited and we end up not doing the right thing. There are certain things which I believe, if we were to take a decision at the BPS level, and I can give an example off the top of my mind, for example, if we made a decision as a House, I saw somebody, I think it was Sen. Hamida or I do not know who it was yesterday requesting for a statement on payments to Community Health Promoters (CHPs).

We should just include it in our BPS and tell the National Treasury that the next financial year, we shall not allow this business of partial payment, 50 percent by county governments and 50 percent by the national Government. We shall send all that money, in its entirety, to the county governments, for the governors to pay these people and so many other things that should be done at the BPS level.

There is that amendment that is before this House, which I believe next week, should time allow, we need to move, conclude on it and hopefully that can allow us a better interaction with the BPS next year. Therefore, that is the conclusion of the statement. I want to request that we find time next week to consider all that business.

In conclusion, there is just something that I want to urge the House that is of concern to me, as a Senator and also as a leader in this House. I have observed, with a lot of disturbance, that occasionally when our committees visit the counties, as they do every weekend, tomorrow there are committees that are going to different parts, that we should conduct ourselves in a way that represents this august House. There was an altercation last week, I do not know in which county. Previously I saw one happen in Kakamega. I

Services, Senate. feel that is a good representation of us as a House. I want to urge Members that even as we do our work, let us do it in a way that people will represent county visits as they should.

With those very many remarks, I thank you and request to lay the Statement before the House.

Now, I will allow comments for not more than 15 minutes on these Statements. If you have an opportunity to speak, kindly, hon. Senators, let us not take more than three minutes.

The Hon. Senator for Nairobi City County, proceed for not more than three minutes

Mr. Speaker, Sir, allow me to comment on the Statement sought by Nominated Senator Hamida Kibwana regarding the development on Langata Link Road. They say that the price of democracy and freedom is the turn of vigilance. I have continued to argue that the levels of impunity that have been achieved in this country right now are becoming overwhelming. I think we need to fix this country.

If you see the persons who are being accused of doing that construction, even in the face of an order by the National Environment Tribunal (NET) , you will be shocked that they are in a religious trust. That is a religious institution of the Hindu faith. Can you imagine we have got to a place where even religious institutions have the audacity to go against court orders or orders of tribunals? The information we have is that that piece of land---

If you look at the satellite image of that piece of land, its shape tells you that the parcel of land cannot be titled. We have information that, in fact, it is supposed to be a sewer line. However, they have found the strength to begin construction on that piece of land despite the fact that there is an ongoing case. That speaks strongly to the state of the rule of law in this country. Somehow, everybody believes the country is a free for all because everybody is grabbing things.

Mr. Speaker, Sir, as the Senator for Nairobi, I am overwhelmed. I came here one time and said that Nairobi is under siege from land grabbers. Yesterday we discussed about Jamhuri Park. If it is not Jamhuri Park, it is Makongeni. People are being evicted there because there is supposed to be some affordable housing project, but nobody wants to listen to the residents. Nobody cares any more. Today, it is Makongeni, but tomorrow it will be Woodley. When we finish with Woodley, we go to Phenom Park Estate or Langata Link Road. Another time, it will be Ngong Road Forest Sanctuary where somebody has decided to put something in there. Before you know it, it will be Karura Forest. We are being overworked as democrats in this country, which is why we are saying we need to fix the country. Somehow a signal has been sent, but I do not know from where, that now the country is a free for all.

Mr. Speaker, Sir, we must insist that we are a country run by the rule of law. We must find opportunity for us to deal with impunity in this country. The only way I suspect

Services, Senate. we are going to win this war is that we need to get in place a government that will insist on the rule of law and a government that will end impunity.

The say a fish rots from the head. The way we are doing, the whole country is now rotten. We must fix the head. Otherwise, even organisations that were hitherto very humble and harmless like Shree Cutch Satsang Swaminarayan Temple Trust, whose job was just to build temples and schools, are now agitators against Kenyans on use of land and obedience to court orders. Yesterday, Sen. Chute complained about the Supreme Council of Kenya Muslims (SUPKEM) as well.

My cry to Kenyans is this. Yes, we are vigilant but we are being overworked---

Allow the Senator 30 seconds to conclude his thoughts.

Thank you, Mr. Speaker, Sir. They know why they are afraid of the things I want to say.

You are using the 30 seconds.

Mr. Speaker, Sir, in those 30 seconds, I am telling Kenyans that we have the solution. We need to put in place a government that respects the rule of law and that will encourage everyone to obey court orders.

I thank you.

Proceed, Senate Majority Leader.

Mr. Speaker, Sir, I also want to speak on that Statement by Sen. Hamida without the ding of politics that has been laced by the previous speaker because I care for my neighbours. I lived in that estate for close to 10 years. Therefore, I know exactly what Sen. Hamida is talking about. It is really unfortunate if that is being done in this day and age, despite the presence of a court order and the obvious logic that you cannot put such an institution right at the doorstep of where people live.

I want to urge Sen. Faki, the Chairperson of the Committee on Lands, Environment and Natural Resources. Phenom Park Estate is only a 15-minute drive from Parliament. Therefore, you do not need to hold the conversation in Parliament. In your next committee meeting as you consider this Statement by Sen. Hamida, take a drive and go and see for yourselves. Meet the contractor and find out from him who the hell he thinks he is, that despite the existence of a court order, they still want to carry on with the construction. I know for a fact that many developments around Phenom Park Estate are built on public land. It is unfortunate that is continuing.

Mr. Speaker, Sir, we must say the truth. This problem did not begin yesterday. If I wanted to be political about it, I would say we do not know who began this problem. However, as leaders, we must have solutions to problems without necessarily trying to score any brownie points out of whatever situation it is.

Therefore, Sen. Faki, you hold the key to solving this problem on behalf of the people of Kenya and the people of Phenom Park Estate. In fact, there are constructions that have been done there affecting users of Wilson Airport. Look at the approvals that have granted high-rise apartments around that estate.

The Standard Newspaper did an exposé, I think a month or two ago, on buildings that have been built so close to the runway such that when a pilot takes off, sometimes

Services, Senate. they have to dodge hanging lines. What sort of madness is that being encouraged in this country? Therefore, Sen. Faki, I believe you are up to the task to help us with your committee.

Lastly, Mr. Speaker, Sir, is just a comment on the Statement by Sen. Cherarkey on the Kenya Tea Development Agency (KTDA). I saw some directors trying to address us through the press on challenges being faced by tea farmers in this country.

We passed a law in this House in 2021 which has not been implemented. I urge Sen. Wakoli and Members of the Committee on Agriculture, Livestock and Fisheries to treat this matter with the seriousness it deserves. It is not possible, in the 21st Century, that you can pay tea farmers Kshs12 and just sit pretty and assume that we, as their representatives are going to be happy and calm about it. Mr. Speaker, Sir, the employees that process tea in the west and the east all belong to the KTDA. Therefore, they should not tell us about the quality of our tea. It is the quality of the employees that they have sent to our factories. If they cannot send competent managers to process better quality of tea so that farmers can earn better, then they should get the hell out of our factories so that we earn decently.

I thank you.

Sen. Haji, you have the Floor.

Mr. Speaker, Sir, I would like to take this opportunity to comment on the Statement raised by the great Senator for Elgeyo-Marakwet. I want to begin by recording my condolences and sorrows to the people of Chesongoch in Elgeyo- Marakwet.

On my own behalf, and on behalf of the people of Garissa County, we send our condolences to the people of Elgeyo-Marakwet for the disaster that happened on 1st November. It was quite sad---

Hon. Senator, which Statement are you drawing your comments from?

The one about Elgeyo-Marakwet.

That was made under Standing Order No.52 (1) .

My apologies. Please allow me to conclude.

Alright.

Mr. Speaker, Sir, on my own behalf, and on behalf of the people of Garissa County, I would like to send our condolences and assure the people of Elgeyo-Marakwet that Kenyans have felt the pain. It is quite sad that we lost 26 Kenyans; 14 of whom were young students. We pray that God gives the people of Elgeyo- Marakwet the strength and peace during this period.

I thank you.

Proceed, Sen. Chute.

Mr. Speaker, Sir, allow me to add my voice on the Statement by distinguished Sen. Hamida Kibwana.

Last week, a former chief in Marsabit County called Hussein Charbi called me with regard to his son who was flown to Russia. There is a recruitment agency here in Nairobi that recruits young and energetic youth from Kenya to send them to Russia. They

Services, Senate. are told that they will go to work in offices, hospitals and other institutions, but not in the military.

The former chief told me that unfortunately his son was taken to be on the frontline in the Russian military. I urge the Committee to do a thorough investigation; ask the Ministry of Labour and Social Protection to come before the Committee and explain the conditions under which the young boys and girls are being flown to Russia. The problem facing this country is that young boys and girls are taken to Qatar, Saudi Arabia and now Russia. In Russia, they are not going to make money; they are going to die.

The former chief was desperate; he asked me to help him bring his son back. If the Ministry of Labour and Social Protection was doing its work properly, they would know what these agents are doing and who gave them the authority to recruit young boys and girls to go to Russia.

Kenyans know the situation in Russia; there are food problems with a minimal salary. People who go to Russia from Kenya are used to this very nice weather, yet in Russia, it is cold. The temperature is below 20 degrees Celsius. How can they survive there?

I support the Statement by Sen. Hamida. Please, let us bring our children back. Let us act.

Sen. Faki, proceed.

Asante, Bw. Spika, kwa kunipa fursa hii ya kuchangia taarifa mbili; kwanza, taarifa ya Sen. Chute kuhusu hali duni ya Uwanja wa Kimataifa wa Ndege wa Jomo Kenyatta hapa Nairobi. Ni kweli kwamba uwanja huu unazidi kuzorota katika huduma, hususan, kwa wasafiri wanaotumia uwanja huu mara kwa mara, kama mimi.

Isitoshe, uwanja wa Mombasa una matatizo kama hayo. Ukiangalia eneo la wasafari wa hapa nchini, ule mkanda wa kubeba mizigo haujafanya kazi kwa muda wa mwaka sasa. Utapata wafanyikazi wanabeba mizigo kutoka kwa ndege na kuiweka sebuleni kisha wageni wanashindana ni nani atachukua mzigo wake mbele.

Ni jambo la aibu kabisa nikikumbuka kwamba Mombasa ni mji wa kitalii; watu wanaoingia katika mji ule wanafaa wapate huduma zinazostahili. Vile vile, katika uwanja wa Wilson, runway imechuchuka kiasi ambacho hata Ndege kushuka ni shida.

Juzi tulisafiri kwenda Meru kwa kutumia uwanja ule na hali yake haikuwa nzuri. Kwa hivyo, ipo haja ya Kamati husika kuzuru viwanja hivi na kuangalia zile huduma ambazo zinatolewa kule.

Bw. Spika, taarifa ya pili nitakayoizungumzia ni taarifa ya Sen. Hamida kuhusu Wakenya walio Russia, na ambao hatma yao haijulikani hivi sasa. Ni kweli vijana wengi wameenda Russia kutafuta ajira na mmoja wao ni kijana anayejulikana kama Abdi Shukri Hussein, mwenye paspoti ya Kenya Nambari BK710687.

Huyo alisafiri kutoka Ireland hadi Russia kwa mathumuni ya kutafuta ajira. Mpaka sasa, familia ya kijana huyo haijui alipo. Tumejaribu kuzungumza na Balozi wa Kenya kule Russia lakini mpaka sasa, hawajaweza kutoa taarifa kuhusiana na kijana huyo.

Services, Senate.

Kwa hivyo, ningeomba Kamati ya Labour and Social Protection iweze kuangalia kwa undani zaidi masuala haya ili Wakenya wasiendelee kudhulumiwa na kupata shida katika nchi za kigeni.

Asante. Bw. Spika.

Sen. Kinyua, proceed.

Asante Bw. Spika kwa kunipa fursa hii. Kwanza, nachangia taarifa iliyoletwa na Seneta wa Marsabit, Sen. Chute. Uwanja wa Kimataifa wa Jomo Kenyatta uko katika hali duni na ya kutamausha. Unaposafiri, utatumia viwanja vingine lakini ukifika hapa, unaona vile hali yenyewe imedorora kabisa. Sakafu yenyewe imechipuka kabisa na wakati mwingine, paa zinavuja kunaponyesha.

Watu wakitoka katika mataifa ya nje, mahali pa kwanza wanapofika ni uwanja wetu. Hiyo ndiyo picha ambayo mtu anakumbana nayo ya kwanza na hiyo sio picha nzuri. Utapata watu wamepiga foleni hata kuingia choo ilhali ukitembea viwanja vingine, utapata vyoo ni nyingi.

Kamati husika isitembelee hiki kiwanja peke yake, pia watembelee viwanja vya Mombasa na Kisumu. Ukienda katika uwanja wa Marsabit, utaona huo sio uwanja wa ndege, ni milima na mabonde, hata ndege kutua ni changamoto.

Vile, kuna mambo ambayo yanatisha. Kwa mfano, ukiingia katika uwanja huo, utapata maandishi ambayo yameandikwa pale yanayosema, “sasa unaingina katika sehemu ambayo ufisadi haukubaliki.” Hiyo ni kusema kwamba, kuna sehemu ambazo ufisadi unakubalika katika Jamhuri ya Kenya. Kwa hivyo, hayo maandishi hayapaswi kuandikwa katika uwanja wetu wa ndege kwa sababu mtu yeyote anayefika, anaambiwa ya kwamba, ikiwa hapa hakuna ufisadi, kuna mahali ambapo tumekubali ufisadi ufanyike.

Bw. Spika, kuna taarifa ambayo imeletwa na Sen. Hamida inayohusu upungufu wa madakatari wa afya ya akili. Hili ni jambo linalosumbua kwa sababu, jana nilihudhuria mazishi ya kijana wa miaka 16 aliyejitoa uhai. Ukiangalia kwa zaidi, utapata huu ugonjwa wa akili umekithiri sana. Watu hawaongei kuhusu huu ugonjwa, kisa na maana, hata wale wanaofaa kuutibu ni wachache na hawapatikani. Kwa hivyo, hili ni jambo ambalo tunapaswa kulishugulikia.

Bw. Spika, umesema kwamba tusizungumzie taarifa iliyoletwa na Sen. Kisang’. Ni sawa nami nakubaliana na wewe. Lakini, nikubalie niseme pole kwa wale ambao walikumbwa na hili janga.

Sen. Catherine, proceed.

Thank you, Mr. Speaker, Sir. I wish to contribute to the statements by Sen. Hamida on the matter of young people being recruited to Russia and Gender Based Violence (GBV) .

I think the Ministry concerned with labour has not done this House justice. If you check our records, we have more than 10 statements raising concerns about agencies that are recruiting our young people in a manner that is actually putting them into slavery and danger abroad.

The Committee on Labour and Social Protection should actually take this matter seriously. Summon both the Cabinet Secretary in charge of Foreign and Diaspora Affairs,

Services, Senate. the Prime Cabinet Secretary, together with the Cabinet Secretary for Labour and Social Protection, to actually disclose to us the owners of the agencies that are recruiting our children into these dangerous situations.

I also have a case of a young girl in Saudi Arabia whose employer has refused to give back her passport. She was sick and the family could not bring her back. I have raised the issue with the Ministry of Foreign and Diaspora Affairs and up to now, I have not received any response.

Mr. Speaker, Sir, on the matter of GBV, yesterday, you saw me retreat on a question that, unfortunately, was amended.

Thank you, Hon. Speaker. I rise to support the Statement sought by Sen. Hamida Kibwana, on the construction activities along Langata Link Road. This is a matter of great concern in this city. This stems from failure, first, by the City County Government of Nairobi in the approval process. This city had been planned for residential purposes, high density, low density, medium density, commercial, industrial, and public utilities. There is a need for the County Government of Nairobi to ensure that the city planning rules and regulations under the Cities and Urban Act are properly followed.

Services, Senate.

Before any construction commences; where the public is involved and is likely to infringe on others, public participation needs to happen. The courts have pronounced themselves several times on the matter of public participation, stating that the public participation process is not a cosmetic exercise just to regularise or sanitise a process. It should be a process that allows citizens to give their honest opinions and views on a matter. This construction infringes on the tenants and residents of Phenom Estate. Even the commercial use of Wilson Airport is going to be impaired by this project.

It is sad to know that there are institutions and unfortunately, religious ones, that do not see the need to follow the laws of the land. The area we are speaking about has faced a lot of challenges, and we are going to ask the Committee on Lands, Environment and Natural Resources, under Sen. Faki, to carry out a thorough investigation into the approval process that has been happening in that area around Carnivore. When you cross the bypass, there is an estate there that was developed in a public utility; a community that says they were donated, a reward of a public utility exclusively. They have now extended that free donation to come and develop something that infringes on other citizens' rights.

If all of us decided not to follow the law, the next thing we would do as residents of that place is take the law into our hands and make sure, we get rid of those fellows in that site. However, because we are law-abiding citizens, we would like them to respect the court decision and we are asking the courts to also pronounce themselves on the contempt process and make it punitive for people to be contemptuous of the laws of the land. So many will be affected in that project and there is---.

Sen. Boni Khalwale, please proceed.

Thank you, Hon. Speaker. I rise to seek further clarification on the matter raised by the Senator of Nandi County. The issue is the discrimination that Kenyans face in their industry outside the country are subjected to. The Government of Kenya should not keep quiet when our athletes, who make the whole world happy with their stellar performance, are being discriminated against. The athletes who made the list of the athlete of the year 2025, Kenyans who are more deserving, were not given a chance to make the list. It does not make sense how Beatrice Chebet or Peris Jepchirichir were not on the list. Worse off was how Faith Kipyegon was not on the list. This smacks not only of discrimination but racism.

The world still remembers what happened to Vinicius Jr., the superstar of Real Madrid from Brazil, a black boy. He was denied the Footballer of the Year Award, otherwise known as Ballon d'Or. Our Government must make a formal complaint because this was also done last year.

The issue raised by the nominated Sen. Hamida about Kenyans in Russia, equally deserves further clarification. It appears like these days, in this country, you either go to Qatar with your papers and end up there as a house servant, you get killed, or you go to Saudi Arabia and the same thing happens to you. Now they are going to Russia and our people are being subjected to frontline activities in a war that we know nothing about. We want to hear the Kenyan's mission in Moscow, making a formal complaint.

Services, Senate.

Lastly, we have hundreds of Kenyans now who have been arrested in Tanzania because they are accused of having incited Tanzanians to fight for their rights during the rigged election. A young boy, Frederick---

The Temporary Speaker (Sen. Abdul Haji): Give him one minute to conclude.

Thank you for that. A young lawyer and entrepreneur, Frederick Laurenti Obuya, a lawyer who runs a tour company, was arrested. We demand that the head of mission in Dar-es-Salaam goes tomorrow morning to Oyster Bay Police Station in Dar-es-Salaam, where this young man was last seen, so that from there, he can then trace where the boy is. Thank you.

Give him one minute to conclude.

Thank you for that. A young lawyer and entrepreneur, Frederick Laurenti Obuya, a lawyer who runs a tour company, was arrested. We demand that the head of mission in Dar-es-Salaam goes tomorrow morning to Oyster Bay Police Station in Dar-es-Salaam, where this young man was last seen, so that from there, he can then trace where the boy is. Thank you.

Sen. Cherarkey, please proceed.

Thank you, Mr. Temporary Speaker. I will just make a quick observation. One is the Statement on the dilapidated situation of the Jomo Kenyatta International Airport (JKIA) . I agree that most of the airports and airstrips in this country are like ramshackle. When it rains, the JKIA floods all over. The face of every country is the airport. The JKIA is not qualified to be called an international airport. It should just be called Jomo Kenyatta Airport because there is nothing international about it.

There was the issue of Adani and Public Private Partnership. We need to ensure that we do Public Private Partnership (PPP) and even construct a new airport in Konza City. There is much land around JKIA. In some advanced countries, you have a terminal dedicated to international and another for domestic travel.

I confirm to the country that under PPP, we must ensure we come up with an ultra-modern airport. You can see what Qatar is doing in Kigali, Rwanda. They are constructing several airports. We need to do PPP and get a new airport so that this city can expand.

We cannot be told about three million tourists per year if we do not expand the runway at Eldoret International Airport, and have the Isiolo Mombasa and Wilson airports functioning.

Regarding the Kenyans who are fighting in the Russia-Ukraine war, there is no mistake. Many people use hired mercenaries. If those Kenyans went there on their free will to hustle, so be it. It is not our mistake. We should allow Kenyans to do what they are up to do within the law. Most of these are ex-military officers. Their trade is to be mercenaries for hire.

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

What is your point of order?

Mr. Temporary Speaker, Sir. Under Standing Order No.105 these young people were misled into believing it was a good job. Mercenaries do it willingly.

Services, Senate.

I can only agree with that Statement, that when in distress, they should then contact the Kenyan Embassy. Do you want us to manage every Kenyan; their bedrooms and kitchens? It is not the business of Government to follow people around.

Services, Senate.

I can only agree with that Statement, that when in distress, they should then contact the Kenyan Embassy. Do you want us to manage every Kenyan; their bedrooms and kitchens? It is not the business of Government to follow people around.

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to also add my voice to the Statement that was made by Senator for Elgeyo Marakwet about the tragedy that happened. It is very sad.

Sen. Murgor, you cannot comment on that Statement, maybe another.

I concur with Sen. Cherarkey about Russia. People go willingly and knowingly and when they get stuck--- I am speaking as the Chairperson to the Committee on Labour and Social Welfare. I have practical example where people make choices that hurt them later yet, they knowingly did it.

People that are stuck in Russia made those choices and, therefore, they are reaping from them. This is a lesson for the rest of our young people, not to go anyhow, but to make sure they know what they are going for.

Sen. Murgor, there is a point of order.

Bwana Spika wa Muda, ninasumbuka kwa sababu huyu ndiye Mwenyekiti wa Kamati ya Leba. Yeye huwa anashughulikia taarifa zinazoletwa hapa kuhusu wafanyikazi ambao wamepelekwa Saudi Arabia. Tofauti ni ipi kwa sababu wote walijua ya kwamba wanaenda kufanya kazi? Sasa, wale walioenda Urusi tunasema wao walijua; ni makosa yao? Walioenda Saudi Arabia na nchi zingine, wao tunasema Serikali inafaa ifuatilie.

Wote wanapaswa waangaliwe kwa njia moja. Serikali imezembea katika kazi yake. Inapaswa iangalie. Tuache kupewa visababu na Seneta wa Nandi na Seneta wa West Pokot wanaosema kuwa walioenda Urusi walienda kwa hiari yao. Kwani wanaoenda nchi zingine hawaendi kwa hiari yao?

Mr. Temporary Speaker, Sir, the difference is that there is no record about any jobs in Russia that we know. We are hearing about Russia for the first time.

One moment, Sen. Murgor. What is your point of order, Sen. Mumma?

Mr. Temporary Speaker, Sir, is it in order for the Chairperson of the Committee that is supposed to analyse this report to make a conclusion on the Floor of the House about a Statement which he has not even analysed? He is already making a conclusion about it instead of waiting to investigate. Is it in order for the Chairperson to do such a thing?

Can Sen. Kibwana be assured that the Chairperson will step aside since he had already made an opinion without looking at the details of the Statement?

Sen. Wafula, who do you want to inform? That was a point of order.

Services, Senate.

Services, Senate.

Sen. Murgor, do you want to be informed by Sen. Wafula?

Yes, Mr. Temporary Speaker, Sir

Asante, Mheshimiwa Spika wa Muda. Hoja zinaletwa Bungeni ili tuzijadili. Umuhimu wa Seneti ni kwamba watu wana akili timamu ambazo zinaweza kuchanganua hoja yoyote. Sitarajii kuna hoja inayoweza kuletwa hapa halafu mwenyekiti wa kamati aambiwe, “wewe nyamaza bumbumbu uwe kiziwi na usione chochote.” Mwenyekiti huongoza kikao cha wanakamati ambao wanatoa hoja na walio wengi, hoja yao utiliwa maanani. Si haki viongozi kuanza kushurutishwa kunyamaza ama kupiga makofi.

Si kwamba ninamuunga mkono lakini watu wapewe nafasi ya kutoa hoja kibinafsi.

Sen. Mumma, what is your point of order?

Hon. Temporary Speaker, my point of order is extremely serious. Before you ruled, you allowed another point of order. This is a Statement that was brought about a case where the Chair will be presiding over investigations and yet he has already made a conclusion.

Sen. Wafula stood on a point of information not a point of order.

Thank you for the correction. I hope the House is getting my point that this is the Chairperson that will be presiding. How will he do so neutrally to listen to what Sen. Kibwana has said when he has already concluded that persons went to Russia willingly?

Sen. Cherarkey, what is your point of information?

Services, Senate.

Services, Senate.

Sen. Mumma, what is your point of order?

Mr. Temporary Speaker, Sir, would you kindly ask the secretariat to confirm to us if the Chairperson of the Committee on Labour and Social Welfare declared his interest as the Chairperson before he made any comment on this matter, noting that he will later sit to preside over the conversation about the matter brought before him?

Cherarkey, you had made your point of information. However, just finish.

Mr. Temporary Speaker, Sir, why are they restless? I will deal with Wamunyoro adherents now.

The declaration of interest under Standing Order No.144 is specific. It is only on pecuniary and proprietary interest. Unless you are telling us that nowadays, before a chair of a committee speaks, he must say; I am the chair of the Committee on Labour and Social Welfare but what I am saying is as the Senator for West Pokot.

You need to rule on this, Mr. Temporary Speaker, Sir. Otherwise, we are endangering the freedom of speech and expression which we must protect jealously and violently.

Sen. Kinyua, what is your point of information or order?

Bw. Spika wa Muda, shida yangu ni kwa Mwenyekiti wa Leba na Ustawi wa Jamii kuunga mkono matamshi yaliyotumiwa na Seneta wa Nandi, alipoita vijana waliotoka Jamhuri ya Kenya mamluki. Hapo ndipo tuna shida. Hauwezi kuwaita vijana wa Kenya mamluki. Mamluki ni wale ambao tayari wamekiri wanaenda kupigania nchi nyingine.

Hawa ni vijana waliotoka Jamhuri ya Kenya wakiwa wamehadaiwa, kama vile ambavyo wengine wanaenda. Hiyo ndiyo shida tuliyo nayo. Bw. Spika wa Muda, ninaomba umwambia Seneta wa Nandi aiondoe neno alilotumia kwa kuwaita vijana wa Kenya “mamluki.”

Sen. Kinyua, kwani jina la mamuluki si lugha inayoweza kutumika Bunge?

Nani alisema haliwezi kutumika kwa Wakenya? Sema, Sen. Cherarkey.

Services, Senate.

Is there any report with the police stations? Is there any distress call to our embassies? Have they gone to the Red Cross in Ukraine and Russia? Have they recorded any signal that they are in distress? Can they give us evidence under Standing Order No.105, on the principle of the accuracy of facts? If that can be provided to the House, then we can challenge my brother, the Rev. Julius Murgor, the Senator for West Pokot and the Chairperson for the Committee on Labour and Social Welfare to provide us with the investigation. However, as of now, those are ex-military officers working as mercenaries in Russia and Ukraine and they should remain so. In fact, when they come back to Kenya, they must be detained.

Services, Senate.

Is there any report with the police stations? Is there any distress call to our embassies? Have they gone to the Red Cross in Ukraine and Russia? Have they recorded any signal that they are in distress? Can they give us evidence under Standing Order No.105, on the principle of the accuracy of facts? If that can be provided to the House, then we can challenge my brother, the Rev. Julius Murgor, the Senator for West Pokot and the Chairperson for the Committee on Labour and Social Welfare to provide us with the investigation. However, as of now, those are ex-military officers working as mercenaries in Russia and Ukraine and they should remain so. In fact, when they come back to Kenya, they must be detained.

What is your point of order, Sen. Chute? Give him the microphone.

Mr. Temporary Speaker, Sir, I rise under Standing Order No.105. I said here earlier that the former chief of Marsabit Saku Constituency called me last week and told me that his son is in Russia. He was told that he was going to work in other fields but he was taken to the frontline and our distinguished Senator is calling that young boy a mercenary. He must withdraw that word – mercenary. The father and the mother of this boy are crying.

What evidence does he have that these young boys are mercenaries? He should withdraw that statement.

Sen. Joyce Korir, what is your point of order?

Mr. Temporary Speaker, Sir, is it in order for Hon. Chute to bring an allegation without substantiating it? The statement is there, but there is no documentation that can assist this House on ascertaining the facts. We cannot just talk about hearsay. Can he give us documents that will assist us to know whether these people were sent by agents approved by the Ministry or whether they went through a panya route?

Hon. Senators, we will have to give an opportunity to Sen. Murgor to conclude and wind up his submissions. I also rule that as far as Sen. Murgor sits in this House, he is a Senator for West Pokot. When the matter is taken to his Committee, he will resume his duty as the Chairperson of the Committee. As far as he is making his contributions here, he does not need to declare his interest on a matter of national interest. So, we will allow him to proceed and make his submissions.

Services, Senate. especially now that about 500 young people are going every day. They should be cautious and ask.

Services, Senate. especially now that about 500 young people are going every day. They should be cautious and ask.

Sen. Joyce Korir.

Mr. Temporary Speaker, Sir, I would like to comment on the statement brought by Hon. Chute on the state of our airports which are in very bad state. It is time we allowed this country to move forward by making sure that things are put in the right way. At some point in the recent past, there was a misunderstanding, or perhaps, a flawed process regarding procurement for the airport renovation. I want to highlight a broader challenge we face in this country: too much democracy, to the extent that even attracting investors becomes difficult.

That is why some investors are now moving to neighbouring countries to implement similar projects. For instance, a major airport is currently being developed in Rwanda, an airport that was initially intended for construction here. However, due to a lack of political goodwill, we were unable to implement that infrastructure. It would be prudent for us, as a country, to embrace the PPP model. This would allow critical projects to be undertaken and completed on time.

On the Statement sought by Hon. Hamida, I wish to emphasise that it should not remain just a statement made on the Floor of this House. I request that it be formally directed to the relevant committee and ministry. They should move with speed to ensure that the mushrooming constructions along Langata Road are properly regulated and legally grounded.

Kenyans are expressing concern over how these developments are being handled and we, as a House of oversight, share those concerns. The unregulated growth is now affecting airline operations. This matter must be taken seriously. I urge the relevant Committee to develop a lasting solution and report back to this House with concrete action.

Hon. Temporary Speaker, we cannot afford to wait. As a Senate, we must leave a legacy. We must set standards. We cannot witness illegality, acknowledge it merely as a Statement and then move on. We must act. I urge that we step up and do things the right way.

I thank you.

Sen. Godfrey Osotsi.

Services, Senate. airport was a good one. The only challenge was the procurement process. We must either improve JKIA’s infrastructure or build a new airport to maintain our regional status as the hub of Africa.

On the issue of Kenyans participating in the war in Russia, this matter requires thorough investigation. Russia is a superpower, not only in terms of military technology but also in the number of soldiers fighting under its banner. I believe there is more than meets the eye to this situation.

I recommend that the Committee tasked with investigating---

Services, Senate. airport was a good one. The only challenge was the procurement process. We must either improve JKIA’s infrastructure or build a new airport to maintain our regional status as the hub of Africa.

On the issue of Kenyans participating in the war in Russia, this matter requires thorough investigation. Russia is a superpower, not only in terms of military technology but also in the number of soldiers fighting under its banner. I believe there is more than meets the eye to this situation.

I recommend that the Committee tasked with investigating---

Your three minutes are up, Sen. Osotsi. You have one minute to conclude.

I do not believe a responsible and powerful country like Russia would engage in such activities. We need thorough investigations and the Ministry of Foreign and Diaspora Affairs should be actively involved to provide clear answers. Russia, as a serious military power, cannot be relying on criminals to recruit fighters. That would be a completely different issue.

We need accurate information and a proper investigation to protect the lives of Kenyans who may be suffering in a foreign country due to criminally recruiting them into undertaking activities that are crime related.

Mr. Temporary Speaker, Sir, I support the Statements.

Sen. Esther Okenyuri.

Services, Senate.

Services, Senate.

Hon. Senators, we will have to rearrange the Order of Paper and also defer some of the Orders. However, before we rearrange the Order of Paper, we will go to the next Order.

Clerk, proceed.

Hon. Senators, we are going to rearrange the Order Paper and also defer Order No.15, 16, 17, 18, 19, 20, 21, 22, 23 and

Services, Senate.

(Bill deferred)

Services, Senate.

Hon. Senators, this Order is resumption of debate on the Motion. When we adjourned, Sen. Olekina had a balance of 10 minutes. He is not here. So, we will go to the next Senator.

Proceed, Sen. Joyce Korir.

Services, Senate. data that has been collected by the Ministry, you find there are a number of learned persons with disability who deserve to be given an equal treatment as Kenyans and as learned individuals.

They also have a very big problem in terms of gender issues. You find a number of ministries, especially the one that we had yesterday, the percentage for the women is far much below the requisite percentage. It is not that they are not learned, it is a mode of advertisement that at some point disadvantages the PWDs and the women of this country. As a committee, we have gone ahead in terms of making sure that we look at it critically, on how best they can advertise, to make sure that every part of this country, even where there is no network, gets access to the job advertisement. In a number of counties, you will find a number of elderly people that go beyond the age of 65. Despite the fact that they are being allowed to work because of their technical advice, professionalism and the fact that they are PwDs, we have a huge number. We have been asking them to give us a proper way of succession in a number of these counties, departments, organisations and institutions that these people work under.

When it comes to the issue of the tenders that are supposed to be given to specific people, this is a challenge in the sense that when you go for the contracts for the youth or the women, anybody can access this document and you cannot ascertain whether the people who have been given these tenders are the women or youth. This is still a challenge that I ask this House to come up with something that can really tell us that the person who is going to be given a certain contract is, indeed, a youth or a woman because that is what the Act envisaged to correct. However, as we speak, it becomes difficult for the different agencies to really ascertain whether the people who are given these jobs are the right ones.

On the issue of representation, there is a challenge again in terms of the desegregation of some communities to make sure that the 30 percent is shared equally across the country. We have a long way to go. We need to comply with the regulations, the Acts that we have passed and the Constitution that gives rights to the citizens of this country to make sure that they are given a chance to work in the various places.

Mr. Temporary Speaker, Sir, without much ado, we still have a long way to go as a country. We have checked the number of people who have pledged allegiance to the Constitution yet we see many shortcomings that cannot be addressed within a day. We need to look at a way of making sure that things work so that we comply.

I concur with the Committee in a number of recommendations that they have made. I ask this House to look at the Report because we have many detailed reports that have been submitted by various institutions. The reports can assist this House in making sure that things are done the right way.

I beg to support. Thank you.

Services, Senate. data that has been collected by the Ministry, you find there are a number of learned persons with disability who deserve to be given an equal treatment as Kenyans and as learned individuals.

They also have a very big problem in terms of gender issues. You find a number of ministries, especially the one that we had yesterday, the percentage for the women is far much below the requisite percentage. It is not that they are not learned, it is a mode of advertisement that at some point disadvantages the PWDs and the women of this country. As a committee, we have gone ahead in terms of making sure that we look at it critically, on how best they can advertise, to make sure that every part of this country, even where there is no network, gets access to the job advertisement. In a number of counties, you will find a number of elderly people that go beyond the age of 65. Despite the fact that they are being allowed to work because of their technical advice, professionalism and the fact that they are PwDs, we have a huge number. We have been asking them to give us a proper way of succession in a number of these counties, departments, organisations and institutions that these people work under.

When it comes to the issue of the tenders that are supposed to be given to specific people, this is a challenge in the sense that when you go for the contracts for the youth or the women, anybody can access this document and you cannot ascertain whether the people who have been given these tenders are the women or youth. This is still a challenge that I ask this House to come up with something that can really tell us that the person who is going to be given a certain contract is, indeed, a youth or a woman because that is what the Act envisaged to correct. However, as we speak, it becomes difficult for the different agencies to really ascertain whether the people who are given these jobs are the right ones.

On the issue of representation, there is a challenge again in terms of the desegregation of some communities to make sure that the 30 percent is shared equally across the country. We have a long way to go. We need to comply with the regulations, the Acts that we have passed and the Constitution that gives rights to the citizens of this country to make sure that they are given a chance to work in the various places.

Mr. Temporary Speaker, Sir, without much ado, we still have a long way to go as a country. We have checked the number of people who have pledged allegiance to the Constitution yet we see many shortcomings that cannot be addressed within a day. We need to look at a way of making sure that things work so that we comply.

I concur with the Committee in a number of recommendations that they have made. I ask this House to look at the Report because we have many detailed reports that have been submitted by various institutions. The reports can assist this House in making sure that things are done the right way.

I beg to support. Thank you.

Sen. Chute, proceed to reply.

No, I want to contribute.

Did you contribute the other time?

Not yet.

Services, Senate.

Services, Senate.

Services, Senate. there is their grandson who could be an engineer like them, who is qualified and able to do that work.

Another issue that we dealt with is ethnicity. We realised that majority of the counties have got over one-third of staff from dominant ethnic communities. That is an issue that needs this House to amend some laws. We should think of something like inter- county transfers. For example, somebody from Garissa should be allowed to go to work in Marsabit, while somebody from Marsabit can be transferred to Garissa and so on and so forth. The best thing we can do as a Senate, is to amend the law to allow inter-county transfers.

Another observation that we made is the issue of communities having sub-tribes. For example, the Kalenjin, Somali and Miji Kenda communities. Most of them have clans. For instance, the Somali have Ajuran, Isaaq, Majeerteen and many clans. Similarly, in the Kalenjin Community, you will find many sub-clans. That is also an issue that needs to be addressed.

We also observed that we need to consider undertaking post-legislative scrutiny of Section 7 of the National Cohesion and Integration Act which restricts public establishments from having more than one-third of staff from the same ethnic community in order to be in compliance with the provisions of the law. Another one is the issue of County Executive Committee Members (CECMs) and Chief Officers (COs) in terms of gender, PwDs and ethnicity.

Mr. Temporary Speaker, Sir, I would like to commend some counties that have taken an initiative to employ PwDs as CECMs and COs. We encourage other county government to do the same. They should give an opportunity to PwDs to be CECMs or COs.

Ethnicity is a major issue and this is what we observed. In some counties, some marginalised communities are not being considered specifically for jobs like COs or CECMs. We recommend that under Article 27(6) of the Constitution, marginalised groups should also be considered not only for lower cadre jobs, but also higher positions such as COs, directors and deputy directors.

We also encountered issues of recruitment. For example, in Garissa, we found that when the former governor left, because of the issue of ethnicity, the governor who came in sacked many people who had been employed by the previous government. That is something this House should deal with.

Mr. Temporary Speaker, Sir, you are aware that in the North Eastern part of Kenya, people largely depend on their communities to access power. If a governor sacks people who were employed by a former governor, how will we have cohesion? That should also be dealt with.

We also ask county governments to be compliant with Article 56(c) of the Constitution as read with Section 35 of the County Governments Act when nominating and appointing county executive committees. This is something that has come up many times. For example, in Garissa County, the Governor took almost two years to recruit new Chief Officers (Cos) and County Executive Committee Members (CECMs). That is what creates problems because you do not want to work with the employees who were contracted by the former governor, so you just avoid employing new people or

Services, Senate. contracting the ones present, so that you can bring in your own relatives and clan members.

Mr. Temporary Speaker, Sir, we also noted that county service boards must ensure that at least 30 per cent of vacant positions are occupied by people who are not dominantly from that county. How are they going to do it? The law is very clear that 30 per cent should be from other regions. They can talk to their counterparts and advertise. For example, Marsabit County can advertise in Garissa County, ringfence it and employ people from Garissa, Wajir and Mandera to come to Marsabit. We have beautiful girls, they can come and marry them. The girls subscribe to the same religion. That is what we need to see in this country and it is very serious.

There is a governor who came before our Committee from Nyanza and 100 per cent of the CECMs and CEOs are from one community. That is Sen. Orengo’s County. When they are conducting their meetings, they can just do it in one language. Why do they even use English and Kiswahili? That is very serious.

Mr. Temporary Speaker, I want to say something which is very important. Out of all the governors that we have seen, the governors from Murang’a, Makueni and Trans Nzoia are among the best governors in terms of document-wise, employment-wise and taking care of youth, women and PwDs. I want to recognise and appreciate what they have done for their counties. I would urge other counties to go to those counties for benchmarking. Go and listen, see what they are doing and learn from them.

The Governor of Trans Nzoia put aside almost Kshs100 million in a fund for youths to access contracts. If you are given a job in that County and you have a Local Purchase Order (LPO) or a Local Supply Order (LSO), you go and borrow money from that fund. It is called Nawiri Fund.

The Governor of Makueni County does some training for youth and women. After they finish their training, if you are a mechanic, you are given tools such as spanners and if you are a woman, you are given a sewing machine. If you are a plumber, you are given instruments to use. I would like to ask other governors to go there for benchmarking.

Finally, the Governor for Murang’a County has given elderly people aged over 70 years cards to go and access food in the shops; those are people who are not able to do any work or access any funds. That is quite commendable.

Mr. Temporary Speaker, this House should do some amendments that we have recommended in our report to see how people who are living with disabilities, women and youth can access the county resources.

Finally, on Access to Government Procurement Opportunities (AGPO), many counties have done very well. However, the problem is one, when it comes to payment of the youths, women and persons with disabilities and number two, is how they access the tenders. In some instances, those people who are able are using documents of somebody with disability to access tenders. That is something that this House should look into and see how to amend some laws, to make sure that those elements who are using documents of people with disability to access tenders are stopped.

Finally, I want to thank the Committee, the Senate Majority and Minority Leaders for bringing this Motion.

Thank you very much, Mr. Temporary Speaker, Sir.

Services, Senate.

I support.

Services, Senate.

I support.

Sen. Karen Nyamu, make your contribution.

Thank you very much, Mr. Temporary Speaker, Sir. I want to make my contribution to this Motion by the Standing Committee on National Cohesion, Equal Opportunities and Regional Integration. The aim of the report was to find out how counties are doing in terms of compliance of the constitutional provisions on equality, especially when it comes to employment, procurement and other opportunities in our counties.

The findings of the report speak for themselves. When it comes to the two-thirds gender rule, very many counties are still not compliant. When it comes to the five per cent provision by the Constitution on PWDs and all positions of appointments in the counties, we are doing very badly because only five counties have complied with that provision. When it comes to regional integration, we have 80 percent of our counties employing people who speak the language that is dominant in that county.

I want to commend the Committee for the findings, but it is not enough that you just recommend. The recommendations are good, but it is time that we enforced the recommendations of this Committee. It is good that they have given a timeline of 12 to 18 months, so that all the recommendations are implemented.

Equality is not just about statistics, it is about a young graduate in Mathare who cannot access a public service job because they do not have connections or the right network. It is about the woman in Mukuru Kwa Njenga, Kayole and Dandora, who can qualify to supply in county governments, but is blocked by the procurement cartels. It is about the PWD in Dagoretti, for example, who does not need your sympathy, but needs doors of equality open, so that they can also participate in nation building and in these tenders.

Mr. Temporary Speaker, Sir, as a Senate, we must put our foot down, so that this does not end at recommendations. We want to see implementation. We do not want to churn out beautiful reports out of the Senate that do not impact the ground. We want to see change; our people happily taking part in procurement in our counties and nation building all together.

With those few remarks, I support.

I call upon the mover to reply.

Services, Senate. also in the Committee on National Cohesion, Regional Integration and Equal Opportunity. I also wish to thank Hon. Karen Nyamu for ably contributing to this very important Motion. She has done a tremendous job with the comments that she has made.

There are several recommendations that, as a Committee, we have proposed. I wish to say that those are very important issues that need to be addressed. I know that the Committee will do the follow-up to see to it that every recommendation that was made is there too.

With those few remarks, I wish to, under Standing Order No.66(3) to request for deferment of putting of the question to a later date.

I beg to reply.

Services, Senate. also in the Committee on National Cohesion, Regional Integration and Equal Opportunity. I also wish to thank Hon. Karen Nyamu for ably contributing to this very important Motion. She has done a tremendous job with the comments that she has made.

There are several recommendations that, as a Committee, we have proposed. I wish to say that those are very important issues that need to be addressed. I know that the Committee will do the follow-up to see to it that every recommendation that was made is there too.

With those few remarks, I wish to, under Standing Order No.66(3) to request for deferment of putting of the question to a later date.

I beg to reply.

Thank you, Hon. Senator. That putting of the question has been deferred.

Hon. Senators, we will arrange the Order Paper, so that we go to Order No.34. Order Nos. 26, 27, 28, 29, 30, 31, 32, 33 are deferred.

Services, Senate.

Services, Senate.

Next Order, Clerk.

Sen. Karen Nyamu, that is your Motion. Are you ready to move the Motion?

Please proceed.

Thank you, Madam Temporary Speaker. I want to move this very important Motion on the installation of CCTV cameras in the police reporting desks, in all our police cells, in all the police stations across the country. This Motion is premised on the simple principle that justice must not only be done, but it must be seen to be done. Article 51 of our Constitution is very clear and it states that all Kenyans in police custody or in prison maintain their rights and fundamental freedoms that are provided in the Bill of Rights, except those that are not compliant with detention. However, we continue to get reports of police torture, police brutality and mysterious death---

Sen. Karen Nyamu, can you please begin by moving the Motion? You have not moved the Motion. You will debate all that after you move the Motion.

Madam Temporary Speaker, I thought I had done that.

Can you be guided by the clerk, please?

Okay. I am guided. Motion on installation of CCTV cameras in all police stations, police cells and police reporting desks.

Services, Senate.

Services, Senate.

I am guided, Madam Temporary Speaker.

Please proceed now.

Services, Senate. brutality, police harassment and mysterious deaths in our police cells. I want to give an example of a case that was very publicised. It broke all our hearts, witnessing firsthand a family who, to date, does not know exactly what happened to Albert Ojwang at Central Police Station.

When we do not have any visual evidence; any CCTV cameras, what we call in the streets or in informal setups, evidence, “evidence kwa karatasi”, it becomes your word against my word. In that confusion, justice evaporates.

I want to paint a different picture where there is a case with the presence of CCTV footage. In the same incident, when speculations were flying high, we happened to lay our hands or saw in the media CCTV footage of what happened in Mbagathi hospital. It was that footage that gave directions even though not conclusively, because we still do not know exactly what happened at the police station.

This Motion is not anti-police. It is pro-justice, because many a times, honest police officers have been falsely accused as scapegoats by most senior police officers, so that they can bear the brunt while the real perpetrators go scot-free. This is why this Motion does not protect the one side only, the victim. It protects also the police officer in incidences where they can be accused falsely.

Madam Temporary Speaker, some people will argue that installation of CCTV is an expensive exercise, but the national Government spends millions in compensation where police officers are accused of police brutality and a Kenyan goes to court. The CCTVs will act as a preventive tool, therefore, saving the Government a lot of money.

As for implementation, we can phase it bit by bit, so that we start with the major police stations in major towns and scale it until it goes to the whole country. We can utilise the budget that already exists for security and for the digital budget. We can also have PPPs, so that we ensure all our police stations have cameras.

There are also privacy concerns of having cameras in a police cell. To that I want to say, you are not putting cameras in the sensitive places, not in the bathrooms. It is in the common areas, the corridors, in the cell, the holding area and just at the reporting desk.

There is also fear that police officers will be able to tamper with the CCTV footage, especially when they are guilty, so that they do not get accused or charged. Using modern technology, the CCTV footage can be tamper-proof, time-stamped and have all the security features that go with the latest technology.

On the handling of CCTV, it will be handled by police bodies like the Independent Policing Oversight Authority (IPOA) and any police officers accused of destroying CCTV or tampering with any CCTV footage will be guilty of a criminal offence.

This Motion is also in line with the National Task Force on Police Reforms and Prisons, where the recommendations were that we have CCTV in police stations and the police need to have bodycams anytime they are arresting Kenyans, to ensure that there is transparency, fairness and justice. This is because, many times when Kenyans are dealing with police, it is usually a vulnerable and tense situation.

Madam Temporary Speaker, if the police summon me, I can tell you that most likely, I will not go. Not because I am a Senator, even before I was a Senator. There is a

Services, Senate. case I had an issue with my business partner and I did some forgery to a document and the police summoned me. I was not a Senator then. I told them; they better look for me and arrest me, you cannot summon me and I come because of the culture, fear and apprehension of the kind of place a police station is. However, if there are CCTVs in police stations, Kenyans and I have confidence that a police station is a safe place. They can go there and no one has to bribe them because if you bribe, CCTV will capture.

Ultimately, it is about culture change in our country. With the presence of CCTVs in all our police stations and body cams on our police officers, it is going to bring a complete culture change of our police force. It will become professional and ensure best practice.

Madam Temporary Speaker, the presence of CCTV cameras is not a luxury, but it is a necessity for justice. It makes investigations easier and it will have an overall change to our police force.

I therefore urge this House to adopt this Motion. Let us show Kenyans that we are pro-justice. Let us shed light in the dark areas of our police force and what is unknown. Let everything be on the table. Let us have nothing to hide.

I know the Cabinet Secretary for Interior and National Administration said that we should have those cameras in our police stations. That is a directive that was made when emotions ran high when we had the issue of Ojwang’. In case there is a reshuffle in the Cabinet and we have a new Cabinet Secretary who does not think that it is important to have CCTV cameras in police stations, then this House must go on record and give a timeline.

We will decide on what will come out debate on this Motion, so that we have this firmly recommended and pass it as a House. It should not be just a directive by the Cabinet Secretary where there is no follow up, what will happen next and the timelines. Will it take forever?

Madam Temporary Speaker, I beg to move.

Services, Senate. case I had an issue with my business partner and I did some forgery to a document and the police summoned me. I was not a Senator then. I told them; they better look for me and arrest me, you cannot summon me and I come because of the culture, fear and apprehension of the kind of place a police station is. However, if there are CCTVs in police stations, Kenyans and I have confidence that a police station is a safe place. They can go there and no one has to bribe them because if you bribe, CCTV will capture.

Ultimately, it is about culture change in our country. With the presence of CCTVs in all our police stations and body cams on our police officers, it is going to bring a complete culture change of our police force. It will become professional and ensure best practice.

Madam Temporary Speaker, the presence of CCTV cameras is not a luxury, but it is a necessity for justice. It makes investigations easier and it will have an overall change to our police force.

I therefore urge this House to adopt this Motion. Let us show Kenyans that we are pro-justice. Let us shed light in the dark areas of our police force and what is unknown. Let everything be on the table. Let us have nothing to hide.

I know the Cabinet Secretary for Interior and National Administration said that we should have those cameras in our police stations. That is a directive that was made when emotions ran high when we had the issue of Ojwang’. In case there is a reshuffle in the Cabinet and we have a new Cabinet Secretary who does not think that it is important to have CCTV cameras in police stations, then this House must go on record and give a timeline.

We will decide on what will come out debate on this Motion, so that we have this firmly recommended and pass it as a House. It should not be just a directive by the Cabinet Secretary where there is no follow up, what will happen next and the timelines. Will it take forever?

Madam Temporary Speaker, I beg to move.

Who is seconding? Indicate

I request, my friend, the Nandi Senator, Sen. Cherarkey to second.

Services, Senate. We want to ensure that we bring accountability, professionalism and transparency to the police service.

Therefore, I agree that Closed-Circuit Television (CCTV) cameras must be installed in all police stations in the Republic of Kenya. This will be for only two things; accountability and transparency.

The Mover has alluded to the unfortunate death of Albert Ojwang. I still commiserate with the family. I know the child and the wife will grow without a husband and a father, but we pray that justice must be achieved. The only saving grace in the prosecution, although I am aware of the principle of not discussing a matter in court, is that one of the key ingredients of prosecution in that case is the CCTV footage retrieved from Central Police Station.

Madam Temporary Speaker, are you aware, according to published reports, that in the last decade more than 20 Kenyans have died in police custody or detention? Those are sad statistics. You are aware that apart from Alberto Ojwang, there was someone named Warui, somewhere in the Coast region, in Mombasa, who also died in police custody. A number of them, 20 Kenyans, have died in police custody from 2013 to 2023. That has been recorded as a crime.

Therefore, the installation of CCTV cameras in our police stations is a good thing. We want to know what is happening. We also need to modernise and use technology. I know you are one of the learned seniors and Secretary-General (SG) emeritus of the United Democratic Alliance (UDA). You realise judges are still using shorthand, while technology has advanced.

We also need to ensure that the Occurrence Book (OB) in our police stations is digitised. In the case of Rex Maasai, the reason the inspector in charge argued that the entry to the armory was interfered with is because it is not digitised. So, if we have to digitise police records using CCTV cameras, the OB and the armory, it will be easy to track even the clock-in and clock-out times of police officers.

You remember there was a push and pull during investigations in the Albert Ojwang’s case because, at that point, someone claimed the Deputy Officer Commanding Station (OCS) was on duty, while another said he was not on duty. We need to reform the police. We want a police service that meets international standards of policing, as per the standards that have been set.

Therefore, you are aware of my record during the last session. I was a regular custodian or rather a regular guest of the police. I shuddered when I saw the death of Albert Ojwang. I was worried because I have been arrested and prosecuted several times. It is not because I have touched any Kenyan resources, but due to my love and undying support for the then Deputy President, who is now the current President, Dr. William Ruto.

I have slept in a number of these police stations and I am a witness. Even as we speak about CCTV, we must also talk about upgrading the facilities within police stations. I have slept in many police cells in Bungoma and here in Nairobi. When you enter a police cell, it stinks to high heavens. It is so dirty. The paint is worn out. The washrooms are in poor condition. People are still using buckets within the cells to relieve themselves. It is so pathetic.

Services, Senate.

As we install CCTV, we must ask the National Assembly to deliberately allocate funds to the National Police Service to modernise our police stations. Our police stations should be the safest places on earth because they are guarded 24 hours a day through police surveillance and CCTV.

We need to be honest. Going into the future, even when you go to court, you should be able to demand accountability. The only way to figure out police brutality is to have CCTV. If an accused person comes before you as a judge and alludes or alleges that he or she was tortured in police custody, we can even use CCTV as part of the evidence in the courts of law and find out whether the accused or the suspect was either tortured or mistreated by the police within that police station.

Madam Temporary Speaker, on several occasions I have called out the Independent Policing Oversight Authority (IPOA) for non-action when police officers mete brutality on Kenyans. You remember the June, 2024 protests. You remember the other day of our Saba anniversaries and many others, including my County, Nandi, where three weeks or one month ago, two people were killed by police bullets. A motor cycle was shot at by six police bullets. A number of my people in Kimwani, Tinderet Sub- County, were injured through police brutality.

It will be easy if we can get those CCTV footage for prosecution by IPOA. Yesterday, in Tinderet, on the issue of Shadrack Maritim, people were demonstrating and the police allegedly used live bullets and tear gas canisters in quelling the demonstrations. We must ensure that we have CCTV footage, so that we assist IPOA to do their job.

In fact, what has given the strength, in my own opinion, as a lawyer in this country, in most of the prosecutions, especially in the case of Albert Ojwang, because this is a public case, is the CCTV that has been obtained, among other factors. The CCTV footages will assist IPOA to strengthen their case.

This is not expensive. They say if you think justice is expensive, try the opposite. The only way to achieve justice is to get evidence. The Mover has made a very pregnant point by saying that this will assist the police also. The police should welcome these reforms of installing CCTV cameras in our police stations, including Kapsabet, Mosoriot, Songhor-Soba, anywhere in Nandi and across the city. Why will it assist the police? You may remember in the case of Albert Ojwang, which is in public domain, that people wanted to place police officers who were off-duty to be part of the suspects. However, if we get CCTV footage, we will be able to tell the police officers who were on duty and those who were not. In fact, the issue of CCTV will assist the police.

Madam Temporary Speaker, this is because if a suspect goes to court before you as a judge - and I think by now you are qualified to be appointed a Judge of the Republic of Kenya - when a suspect lies and says he had been tortured, you just order the police to produce CCTV footage and it will absolve them from the blame of police brutality or torture within the police cells. So, the police must and should welcome this. I think these are part of the proposed reforms in the Maraga Report.

I request the Mover, with a possibility of amending this Motion, to include that body cameras to be worn by the police. That is the only way of knowing the truth. For example, in the arrest of Albert Ojwang or the case of 24th June protests and others across the country, if the police were wearing body cameras, footage would be transmitted and

Services, Senate. recorded. That one will absolve the police from blame. This is because body cameras will record everything.

Some suspects and some of the accused people are not friendly to the police. They are rough. So even if those people want to shoot the police, attack the police with a machete or resist arrest, it will be easy for the police to have evidence, if they are wearing a body camera. This can easily be produced before a Judge in a court of law. They can tell the Judge, for instance, when we went to arrest Sen. Cherarkey, he resisted arrest. Then we can say, “play the footage as part of evidence”. Under Cap. 80 laws of evidence, the principalities are admissibility. Of course, if body cameras will be authentic, they can form part of basis of evidence with a serious probative value before the prosecutions in a court of law

Therefore, the police should welcome the proposal on CCTVs. We should go further and include body cameras. Police wear body cameras before arresting suspects, especially during demonstrations. Another point is that we must ensure that police vehicles are also fitted with dash cameras. This will record arrests. The dash camera will also record events, for instance, being driven from one point to another.

The other point is on the Maraga Report. I would like to move fast so that my colleagues can also contribute.

I want to speak to our police officers. We are aware that most of them suffer from mental breakdown because of being overwhelmed. Some of them suffer from harassment from their seniors, including sexual harassment. I hope the Gender Desk in the police service is noting that.

Others are overwhelmed while some are in far-flung areas, far from their families. You will find a police officer from Nandi working in Wajir. That puts a strain in marriages of most police officers. There is also mental anguish and issues of salary and housing.

When I was growing up in the chief’s camp, in Mosoriot, Administration Police (AP) officers used to live in something round. I do not know whether they are found in Murang’a. Inside that structure, you could find two or three police officers being housed there and using a bedsheet to separate them. Perhaps one officer could be single, another one married and the third one a drunkard.

That is risking some families because the married police officer could be on night duty and therefore out to do some patrols. The single one can “patrol” the wife of the one on duty therefore causing some strain. That is why we see some police officers killing themselves. That is a reality that we must speak to.

I want to appeal to President William Ruto, that even as we do affordable housing, we must be deliberate to ensure that we have affordable units within police stations, so that police officers also live with dignity. How do you expect a police officer to work when they are living in timber-like house? They share houses and therefore there is no privacy. That is why police officers direct their frustration to other people and that is ordinary wananchi. That is about mental wellness.

Another one is the issue of their salary, which we must review. How can you pay civil servants more than the police?

Services, Senate.

Madam Temporary Speaker, the reason you sleep soundly in your house is because there is a police officer outside. The reason we work even at night--- People gallivant and perambulate within the city. I know our children wanapiga sherehe or they are raving within our major cities. Allow me to use that slang. The reason we can move freely is because of the sacrifice and surety of the police who work day and night. You will find traffic police officers braving the rain and controlling the traffic. We must do something.

We must look at the issue of police salaries and allowances. I was told that some officers are not reimbursed whenever they attend interviews. I am happy that the Senator for Nairobi City captured that during Question Time when we had the Cabinet Secretary for Interior and National Administration. That must be rectified.

Finally, we must ensure that police officers get proper insurance. I hope the Social Health Authority (SHA) officers are listening because police officers also need medical care. Their lives are at a high risk. By the time they go home in the evening, it is because of God’s grace. Since their work is risky, we should ensure that they get the best medical care. They should have insurance that allows them to access the best hospitals in this country such as Aga Khan University Hospital (AKUH), Nairobi Hospital, Kenyatta National Hospital (KNH) and Mbagathi County Referral Hospital. Even if it means being flown out of the country; that should be done to ensure that they get the best medical care.

To the police, let us do as per Article 244 to promote transparency and accountability. The only way we can ensure that is done is by embracing technology. Let us fix CCTV cameras in police stations. Police officers should also have body cameras. Let us fit police cars or motor vehicles with dash cams to ensure they record everything.

I want to thank Sen. Karen Nyamu, the Nominated Senator representing Nairobi for ably---

Madam Temporary Speaker, in conclusion, many people misunderstand Sen. Nyamu because I think she is a free spirit. I know many Kenyans will be shocked to learn that Sen. Nyamu moved this Motion. Many people do not know that she is a lawyer and an advocate of the High Court of Kenya. Therefore, she is doing what is supposed to be done under Article 96 of the Constitution. As she comes to reply, I hope that the people of Nairobi will give her a chance to serve this nation when she runs for the office of the Nairobi Women Representative.

Madam Temporary Speaker, on a lighter note, I thank you and your colleagues of the Kenya Women Senators (KEWOSA) for finding time to come and celebrate the beautiful nuptials between Sen. Chesang from Trans-Nzoia and his beloved fiancée. It was wonderful. Even the President found time to be with us. I did not recognise you Senators that day because you were beautifully dressed. That was the beauty that we needed to see coming from the Senate; the unity. Beyond this, we are together as one family.

Is there a point of order, Madam Temporary Speaker?

Services, Senate.

Madam Temporary Speaker, the reason you sleep soundly in your house is because there is a police officer outside. The reason we work even at night--- People gallivant and perambulate within the city. I know our children wanapiga sherehe or they are raving within our major cities. Allow me to use that slang. The reason we can move freely is because of the sacrifice and surety of the police who work day and night. You will find traffic police officers braving the rain and controlling the traffic. We must do something.

We must look at the issue of police salaries and allowances. I was told that some officers are not reimbursed whenever they attend interviews. I am happy that the Senator for Nairobi City captured that during Question Time when we had the Cabinet Secretary for Interior and National Administration. That must be rectified.

Finally, we must ensure that police officers get proper insurance. I hope the Social Health Authority (SHA) officers are listening because police officers also need medical care. Their lives are at a high risk. By the time they go home in the evening, it is because of God’s grace. Since their work is risky, we should ensure that they get the best medical care. They should have insurance that allows them to access the best hospitals in this country such as Aga Khan University Hospital (AKUH), Nairobi Hospital, Kenyatta National Hospital (KNH) and Mbagathi County Referral Hospital. Even if it means being flown out of the country; that should be done to ensure that they get the best medical care.

To the police, let us do as per Article 244 to promote transparency and accountability. The only way we can ensure that is done is by embracing technology. Let us fix CCTV cameras in police stations. Police officers should also have body cameras. Let us fit police cars or motor vehicles with dash cams to ensure they record everything.

I want to thank Sen. Karen Nyamu, the Nominated Senator representing Nairobi for ably---

Madam Temporary Speaker, in conclusion, many people misunderstand Sen. Nyamu because I think she is a free spirit. I know many Kenyans will be shocked to learn that Sen. Nyamu moved this Motion. Many people do not know that she is a lawyer and an advocate of the High Court of Kenya. Therefore, she is doing what is supposed to be done under Article 96 of the Constitution. As she comes to reply, I hope that the people of Nairobi will give her a chance to serve this nation when she runs for the office of the Nairobi Women Representative.

Madam Temporary Speaker, on a lighter note, I thank you and your colleagues of the Kenya Women Senators (KEWOSA) for finding time to come and celebrate the beautiful nuptials between Sen. Chesang from Trans-Nzoia and his beloved fiancée. It was wonderful. Even the President found time to be with us. I did not recognise you Senators that day because you were beautifully dressed. That was the beauty that we needed to see coming from the Senate; the unity. Beyond this, we are together as one family.

Is there a point of order, Madam Temporary Speaker?

Services, Senate.

Madam Temporary Speaker, I rise under Standing Order No.41 to say that we do not have quorum in the House. You can ring the quorum bell.

Madam Temporary Speaker, I rise under Standing Order No.41 to say that we do not have quorum in the House. You can ring the quorum bell.

Clerk, can you confirm whether we have quorum?

Ring the Quorum Bell for five minutes.

Serjeant-At-Arms, please ring the Quorum Bell again for five minutes.

Clerk, confirm whether there is quorum.