Thursday, 7th August, 2025

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

Hon. Senators, let us settle down for business. It has been confirmed that we have quorum.

Sen. Maanzo and the Senator in a bright colour, Sen. Beth---

Let us start our business this afternoon. Clerk, you can read out the first Order.

Services, Senate.

Sen. Thang’wa, you can now table the Paper of the Standing Committee on Devolution and Intergovernmental Relations.

Thank you, Mr. Deputy Speaker, Sir. On behalf of the Chairperson of the Committee on Devolution and Intergovernmental Relations, I beg to lay the following Paper on the Table of the Senate, today, 7th August 2025-

Report of the Standing Committee on Devolution and Intergovernmental Relations on its consideration of the County Governments Laws (Amendment) Bill, (Senate Bills No.52 of 2024) .

I lay.

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 7th August, 2025-

Report of the Third Commonwealth Parliamentarians with Disability African Region Conference held in Lusaka, Zambia from 24th to 28th February 2025.

Very well. Proceed Chairperson, Committee on National Security, Defence and Foreign Relations.

Thank you, Mr. Deputy Speaker, Sir, I beg to move that this House adopts---

You can table from here.

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, 7th August 2025-

Report of the Standing Committee on National Security, Defence and Foreign Relations on the Narcotic Drugs and Psychotropic Substance (Control) Amendment Bill, (Senate Bills No.1 of 2024) .

Services, Senate.

Okay, next Order. Sen. George Mbugua, give notice of the Motion.

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

THAT the Senate notes the report of the Third Commonwealth Parliamentarians with Disability African Region Conference held in Lusaka, Zambia from 24th to 28th February 2025 laid on the table of the Senate on 7th August 2025.

Thank you.

Order, Sen. Oketch. Sen. Eddy, you know you are almost the age of my son. So, you should respect your father.

Hon. Senators, I have two Communications to make before we move on to Statements. One is on visiting teachers and students from Nyali Comprehensive School in Mombasa County.

Asante Bw. Naibu Spika kwa kunipa fursa hii kujiunga nawe kuwakaribisha walimu na wanafunzi wa Nyali Comprehensive School ambayo ni moja ya shule ambazo zinang’ara katika mitihani ya Kitaifa katika Kaunti yetu ya Mombasa.

Wanafunzi wake pia wananidhamu ya hali ya juu. Kwa hivyo, ni matumaini yetu kwamba katika ziara yao ya leo, watasoma na kuangalia kazi ambazo Wabunge na Maseneta wanafanya. Kwa siku za usoni, tunatarajia kwamba wao watachukua jukumu na kutafuta uongozi katika Jamhuri yetu ya Kenya.

Nawakaribisha katika Bunge la Seneti.

Services, Senate.

Asante Seneta wa Mombasa. Nimepata ripoti ya kwamba Sen. Cyrstal Asige alisomea shule hii. Kwa hivyo, pia nampa fursa ya muda wa dakika mbili aweze kuwakaribisha wanafunzi na walimu wa Nyali Comprehensive School.

Thank you very much, Mr. Deputy Speaker, Sir. I appreciate the opportunity to say hello and a big warm welcome to my old school, Nyali School in Mombasa County. I welcome them to the Senate.

I was with them a few weeks ago when I was at home in Nyali. I am so happy to see that they have come and made the trip all the way to Nairobi, so that they can see their Senator, as well as myself, who is a Senator representing Mombasa County and all other Members of the Senate here today.

I am very proud to be a former student of Nyali School. That is exactly where I started although at the time, I had my full eyesight. I know many students and parents who know me from there are surprised when they see that I am a visually impaired parliamentarian. However, I would like to tell the students who are here that even though life throws them a curveball, like it did for me, they can also end up in places like this or even further than I have been able to make.

I want to encourage them that no matter what life throws at them, there is always an opportunity to grow and to build themselves from there onwards.

Mr. Deputy Speaker, Sir, thank you so much for their coming and for the opportunity to say hello to my old school. I also want to pass them greetings from my father, Wakili Japheth Savoie Asige. He used to be the chairperson of the board.

Very well, Sen. Crystal Asige. Hon. Senators, I also have a Message from the National Assembly on the passage of the County Allocation of Revenue Bill (Senate Bills No.9 of 2025) .

Order, hon. Senators, I can hear some noise from my left. When the Chair is upstanding, you should be very silent indeed. You know, we must have order in this House. This is not a market, but a House of order.

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46 (3) and (4) of the Senate Standing Orders, I received the following Message from the Speaker of the National Assembly regarding the passage, by the National Assembly, of the County Allocation of Revenue Bill, (Senate

Services, Senate. Bills No.9 of 2025). The Message dated Thursday, 7th August, 2025, was received in the Office of the Clerk of the Senate on the same date.

Pursuant to the said Standing Order, I now report the Message. “Pursuant to the provisions of Standing Order No.41(1) and No.144 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly-

WHEREAS, the County Allocation of Revenue Bill, (Senate Bills No.9 of 2025), was passed by the Senate on Tuesday 22nd July, 2025 and referred to the National Assembly for consideration pursuant to the provisions of Article 110(4) of the Constitution;

AND WHEREAS the National Assembly considered and passed the Bill without amendments in the form passed by the Senate on Wednesday, 6th August, 2025;

NOW THEREFORE, in accordance with the provisions of Article 110 of the Constitution and Standing Orders No.41 and No.144 of the National Assembly Standing Orders, I hereby convey the same decision of the National Assembly to the Senate.”

Hon. Senators, Article 110(5) of the Constitution provides that- “If both Houses pass the Bill in the same form, the Speaker of the House in which the Bill originated, shall within seven days, refer the Bill to the President for assent.”

Accordingly, I am in the process of referring the County Allocation of Revenue Bill, (Senate Bills No.9 of 20250) to His Excellency the President for assent.

Thank you.

Hon. Senators, we have several Statements. Let us start with the one under Standing Order No.52 (1) by Sen. (Dr.) Lelegwe Ltumbesi.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of county-wide concern regarding the needless death of baby Nareo Lakalja and the shameful state of healthcare in Samburu County.

Mr. Deputy Speaker, Sir, I rise with a heavy heart and deeply wounded spirit to speak on a matter that has shaken me to the core, not just as a Senator, but as a father, a human being and a leader entrusted with a solemn duty to defend the dignity and lives of the people I represent. I speak today for baby Nareo Lekalja, a bright-eyed, four-year-old girl from Tamiyoi Village, whose life was tragically and needlessly cut short by the catastrophic failure of Samburu County's healthcare system.

Mr. Deputy Speaker, Sir, baby Nareo fell ill and was admitted to the Samburu County Referral Hospital where she remained for over two weeks. During her stay, no

Services, Senate. proper diagnosis was made, no decisive action was taken and no sense of urgency was shown by the healthcare workers. Her condition worsened, and on the first day, doctors claimed a Computed Tomography (CT) scan was urgently needed, but shamefully, the machine was not functioning. The family had to travel to Nyahururu Pearl Hospital using their own meagre means.

After they returned with the scan results, nothing happened; no follow-up, no treatment or referrals, but silence. When it became clear that help will not come, the family made a desperate decision. They carried their child in public transport, hoping to reach Nyahururu again for help. Unfortunately, it was late as baby Nareo died in transit, cradled in her parents' arms in anguish because a county with billions of shillings in healthcare budget could not provide a functioning ambulance for a dying child.

They carried her body back the same way, pretending she was asleep because even death in Samburu lacks dignity under this county leadership. To make the matter worse, in a show of systemic complete collapse, Mr. Lekalja, the father, was forced to carry the body of his lifeless daughter in his own arms to Samburu County Referral Mortuary.

There were no trolleys to assist, no ambulance, no medical escort and not even a mortuary attendant, except the one who merely opened the door to the cold room. Just a heartbroken father, forced to carry his child in death because the system that was meant to protect her in life utterly failed.

Mr. Deputy Speaker, Sir, what happened to baby Nareo is not just a health system's failure, but also an unforgivable betrayal of public trust. It is the byproduct of deadly negligence, recklessness, incompetence and leadership that treats life as statistics and tragedies as public relations liabilities. The people of Samburu are not asking for miracles, they are demanding the basics - working machines, medicines, ambulances and accountability from the leadership. This county administration has perfected the art of deception, allocating billions on paper for health, for women empowerment, education and other programmes, but delivering only a broken system, empty shelves, ghost facilities and hollow promises.

The same public funds meant to save the children like Nareo are diverted, misused or repackaged for fundraising events, where they are distributed in fanfare as if they were personal donations. It is hypocrisy of the highest order. This House must call this for what it is; criminal negligence, institutionalised cruelty and administrative murder.

Our hospitals in Samburu have become wanting and waiting rooms of death. The few doctors and nurses who work tirelessly do so with broken tools and little or no support. Parents are turned away, referred endlessly or left to die a slow death, while the county officials issue meaningless press releases.

This tragic event raises several urgent and uncomfortable questions. Where is the leadership when it matters most? Who is taking the responsibility for the collapsing health systems in Samburu County? Who will be held accountable for the death of this child, not for an incurable disease, but from a blatant negligence? Where is the conscience of the administration? It is now evident that those entrusted with safeguarding public health in Samburu are either completely disengaged or deliberately presiding over a system that is on a freefall.

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Mr. Deputy Speaker, Sir, I take this opportunity to urge you to call for a full inquiry into the operations of Samburu County Hospital and the county's overall health budget implementation through the Senate Standing Committee on Health. Let the truth come out. Let the rot be exposed. Let the responsible be named, shamed and held accountable. This is not the time for soft language. It is time for the people to face the consequences of their coercively neglect behavior.

To the family of Mr. Ltaanywa Leterewa Lekalja, no words can heal your wound, but I want you to know that your daughter's name, Nareo, will not be forgotten. Her death will not be buried in silence or swept under the red carpet of lies. I pledge as your Senator that I will pursue justice not only for baby Nareo but for every family in Samburu that has suffered in silence. Let this be a turning point because if we cannot protect and guarantee our children's dignity in life and in death, then we have no business calling ourselves leaders.

Thank you for the opportunity to make this Statement.

Very well, Senator for Samburu County. We have other several Statements under Standing Order No.53 (1) . We will start with Sen. Karungo Thang’wa.

Mr. Deputy Speaker, Sir, thank you very much for the opportunity to request for a Statement.

I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health on a matter of countywide concern on the ongoing strike by doctors employed by the County Government of Kiambu, which commenced on 27th May, 2025, following a 21-day strike notice issued on 5th May, 2025.

Mr. Deputy Speaker, Sir, the prolonged strike, which is on its 71st day today, has resulted in the disruption of critical health services across Kiambu County. The Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU) , has called for the closure of several health facilities in Kiambu County, including three Level 5 hospitals and 10 Level 4 Hospitals, citing unsafe conditions due to the absence of senior doctors. Medical interns stationed in the facilities are unable to keep the hospital running. They actually refuse to report.

In the Statement, the Committee should address the following-

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support the county and safeguard public health during the ongoing industrial action.

I request.

Proceed, Sen. Tabitha Keroche.

Mr. Deputy 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 countywide concern on the failure of the Social Health Authority (SHA) programme to function effectively in Nakuru County.

Residents of Nakuru County have expressed deep concern over the perceived failure of the SHA programme. The failure stems not from weaknesses in the national health financing policy, but from the deteriorating state of public health infrastructure in the county. Public hospitals in Nakuru are facing severe shortages of essential medicines and critical diagnostic equipment, such as CT scan, Magnetic Resonance Imaging (MRI) and X-ray machines, many of which are either missing or non-functional. Consequently, patients enrolled under SHA programme are unable to access the care they are entitled to. This has led to misplaced public outreach against the national Government, despite SHA programme being successfully implemented in other counties, where healthcare facilities are adequately resourced.

In the Statement, the Committee should address the following-

Very well. Proceed, Sen. Crystal Asige.

Thank you so much, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Labour and Social Welfare on Kenya's participation in the 25th Summer

Services, Senate. Deaflympics this November in Tokyo, with specific concern over alleged mismanagement in its planning and execution.

In the Statement, the Committee should-

established to ensure the full preparation, participation and welfare of all qualified deaf athletes and teams for the 25th Summer Deaflympics, scheduled to take place in Tokyo this November, 2025.

two financial years and indicate the corrective measures currently being undertaken for the same.

sporting disciplines in the planning, training, funding and team selection processes, including in the formation of the National Organising Committee.

transparent decision-making in the governance of deaf sports.

misappropriation of over Kshs10 million allocated for the World Deaf Championships; a matter said to have led to Kenya's suspension by the International Committee of Sports for the Deaf (ICSD) and significantly disrupted deaf sports for the better part of two years now;

misconduct continue to be involved in the current Deaflympics preparations and outline the oversight mechanisms in place to prevent further misuse of public funds; and,

mechanisms that have been put in place to ensure transparent and accountable management of funds allocated to deaf sports in the country.

I thank you.

Sen. William Kisang, proceed. Let us have Sen. Fatuma Dullo as you are still preparing.

Sen. Kisang, are you ready now? Okay, proceed.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations on a matter of countywide concern regarding the contracting of the Institute of Human Resource Management (IHRM) to undertake a human resource audit in Elgeyo- Marakwet County.

In 2023, the County Executive of Elgeyo-Marakwet contracted the IHRM to undertake a comprehensive audit of its staff establishment and human resource management processes. This decision by the County Executive sparked public concern over the legality of the process through which IHRM was awarded the contract. Nonetheless, the audit was conducted.

In the Statement, the committee should address the following-

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IHRM to undertake a human resource audit when the same could have been done by Elgeyo-Marakwet County Public Service Board (CPSB).

County to direct the County Public Service Management Department to contract IHRM through direct procurement and whether it was procedurally and legally permissible for IHRM to subcontract the audit service to a private firm, Uramis.

IHRM, despite the failure by the audit firm to fulfil all the deliverables in the terms of reference.

identified in the said report.

I thank you.

Sen. Hezena Lemaletian, proceed. Sen. Dullo, are you ready now? Sen. Lemaletian, sorry. Please, give your elder sister time to read her statement first.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Senate Standing Committee on Justice, Legal Affairs and Human Rights regarding investigations by the Directorate of Criminal Investigations (DCI) into forging of County Assembly documents that may be used to facilitate illegal processes, including the alleged involvement of the Clerk of the County Assembly, as well as fraudulent appointment of Mr. Abdullahi Banticha as the Speaker of Isiolo County Assembly.

In the Statement, the committee should-

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County Assembly’s document management and oversight systems.

security, enhance oversight mechanisms and prevent similar incidents of documents forgery within the county assemblies, including prosecution of those found culpable.

appointment of Mr. Abdullahi Banticha as the Speaker of the Isiolo County.

perpetuating the constitutional crisis by unlawfully continuing to exercise the functions of the Speaker after his formal degazettement on 14th July, 2025 and recommend appropriate legal and disciplinary action against him for the unlawful usurpation of public office.

Isiolo County Budget purportedly approved by Mr. Banticha on 17th July, 2025 during the illegitimate Assembly’s sitting and establish whether such fraudulent budget approval constitutes criminal conduct, including theft of public resources and abuse of office.

I thank you.

Fair enough. Sen. Hezena, you may now proceed.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Land, Environment and Natural Resources on a matter of national concern regarding resolution of historical land injustices in Kenya, particularly in the marginalised regions.

While the National Land Commission (NLC) was mandated to investigate and recommend appropriate

redress for historical land injustices, many affected communities, especially those in marginalised areas, continue to wait for justice decades after displacement, dispossession or denial of access to ancestral lands.

In the Statement, the committee should address the following-

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Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations on a matter of national concern regarding the distribution of national Government projects across all counties.

In the Statement, the committee should address the following-

Fair enough. Sen. Godfrey Osotsi, proceed.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations on a matter of countywide concerns regarding expenditure of Equitable Sharable Revenue and County Government Additional Allocations allocated to Vihiga County.

In the Financial Year (FY) 2025/2026, Vihiga County is set to receive an additional Kshs716,709,143, following the enactment of the County Governments Additional Allocations Act, as well as an increase of Kshs551,534,838 in equitable share of revenue, following the new revenue sharing formula that this House passed.

It is noted, however, that the County Government prepared its budget for FY 2025/2026 without factoring in these additional revenues which came later. Noting that these increments were introduced to enable the Vihiga County being one of the smallest counties to allocate more resources to the development budget, it is critical to ensure that the additional funds are utilised in a transparent and impactful manner.

In the Statement, the committee should address the following-

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centres, including infrastructure development and the review of the terms and conditions of service of ECDE teachers;

have closed;

Water Project, aimed at ensuring piped water supply to households and solarisation of water installation to reduce energy cost; and,

county as directed by the Senate in its Report adopted yesterday.

funding from the additional resources.

unsustainable or sporadic growth in the county wage bill through uncontrolled and unplanned employment.

I thank you.

Fair enough. Sen. Betty Montet, proceed.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern namely, the Cabinet ratification of the transfer of Amboseli National Park to the County Government of Kajiado, fulfilling a presidential directive following a petition by the great people of Kajiado County.

On behalf of the leaders and the people of Kajiado County, I wish to extend our heartfelt gratitude to His Excellency, Dr. William Samoei Ruto, CGH, PhD the President of the Republic of Kenya and the Commander-in-Chief of the Kenya Defence Forces (KDF) for honouring this longstanding request. This historic decision marks a significant milestone for our county.

Amboseli National Park is a world-renowned wildlife sanctuary, famous for its large elephant herds and breathtaking views of Mt. Kilimanjaro, located in Loitoktok within Kajiado South Constituency. The park forms part of a large 8,000 square- kilometre ecosystem, striding the Kenya-Tanzania border. Its conservation history dates back to 1906 when it was designated to a protected zone and later gazetted as a national park in 1973.

The transfer of Amboseli National Park presents numerous benefits to the local community. As traditional custodians of the Amboseli ecosystem, our people stand to gain through employment opportunities, enhanced local infrastructure, educational scholarships, improved healthcare services and expanded access to clean water. Furthermore, the growth of community-owned wildlife conservancies will generate income through land-leasing arrangements and ecotourism initiatives.

Mr. Deputy Speaker, Sir, despite this new milestone, we are equally aware of the challenges that may affect the long-term viability of the park. Chief among this is the

Services, Senate. growing human-wildlife conflict, driven by population growth and increased livestock farming, which has intensified competition for land and water.

Additionally, subdivision of communal land for agriculture and settlement has disrupted key wildlife migration corridors. The Region’s vulnerability to prolonged drought further escalates resource scarcity, leading to wildlife deaths and increased tension between conservation efforts and community needs. Poaching remains another significant threat that demands ongoing vigilance.

To safeguard Amboseli National Park and ensure sustainability of the ecosystem, the following interventions are essential-

sensitise local land owners to protect wildlife habitats.

wildlife and communities through sustainable land use planning.

ensure the local community receives direct and meaningful benefits from the parks operations.

thereby reducing conflict especially during dry seasons.

environment while maximizing economic returns for the local population.

international partners to combat illegal wildlife trade.

Mr. Deputy Speaker, Sir, finally, I urge the County Government of Kajiado to embrace this new responsibility with the seriousness and foresight it deserves. This is not only a victory for the present generation, but also a trust placed in us for the future. We must steward Amboseli National Park with integrity, diligence and vision.

I thank you Mr. Deputy Speaker, Sir.

I felt that is much of a Statement under Standing Order No.52 (1) . I did not hear what you want either the county government or the national government to do.

Sen. Wakoli, please, proceed.

Thank you Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Health on a matter of national concern regarding the delay by the defunct National Hospital Insurance Fund (NHIF) scheme and its successor, the Social Health Authority (SHA) , to settle claims under the National Youth Service (NYS) insurance scheme.

Mr. Deputy Speaker, Sir, several personnel of NYS and their families have borne untold suffering due to the failure by the defunct National Hospital Insurance Fund scheme and its successor, the Social Health Authority to pay their claims amounting to Kshs7,072,012,301, which have accrued under Civil Servants and National Youth

Services, Senate. Service enhanced group life, last experience, work injury benefits and group personnel accident insurance scheme in the last four years.

The National Treasury recently disbursed Kshs1,485,000,000 to SHA to facilitate part settlement of the claims. However, SHA is yet to release these funds.

In the Statement, the Committee should address the following-

settlement of the outstanding 1,004 death claims amounting to Kshs4,218,727,353; 1,026 funeral claims amounting to Kshs207,300,000 and 1,267 injury claims amounting to Kshs2,645,984,948, relating to NYS personnel.

the Kshs1,485,000,000 disbursed by the National Treasury for part settlement of the claims including the timelines for the same.

will factor accrued interest when settling the outstanding claims

and, if so, provide details on the applicable interest.

the scheme.

I thank you Mr. Deputy Speaker, Sir.

Last but not the least, my neighbour Sen. Gataya Mo Fire, please proceed.

Sen. Gataya, what are you doing? I have given you a chance to read your Statement, yet you are just walking majestically greeting people like you are in a political rally.

Thank you, Mr. Deputy Speaker, Sir. I am getting some disruption from my good friend, Sen. Boni.

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training and capacity building on water conservation and sustainable water management.

with national or international agencies supporting water development initiatives in the County.

assist residents in areas experiencing acute water scarcity and lacking access to clean and safe water.

Thank you, Mr. Deputy Speaker, Sir.

Thank you. That is the end of the Statement session.

Next Order, Clerk.

Next Order.

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Hon. Senators, since we have the numbers for Division, we can run through them as soon as possible, but we can first ring the Quorum Bell for three minutes.

Serjeant-at-Arms, you can proceed to ring the Bell.

Sorry. Serjeant-at-Arms, ring the Bell for three more minutes.

Hon. Senators, if you learn to respect the Chair, then you will have no problem.

Hon. Senators, we are now ready for the Division. So, if you confirm that we have the numbers again, I request that the doors be closed and Bars drawn. Senate Majority Leader, are we set?

Serjeant-at-Arms, can you make sure that all the doors are closed and the Bars drawn?

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Hon. Senators, we have several Divisions, so you must be patient. I want to put the Question on the first Division.

I now put the Question, that the Senate adopts the Report of the Select Committee on Delegated Legislation on its consideration of the Environmental Management and Coordination (Strategic and Integrated Environmental Assessments and Environmental Audits) (No. 2) Regulations, 2025, Legal Notice No.71 of 2025, laid on the Table of the Senate on Wednesday, 6th August, 2025; and that pursuant to Section 18 of the Statutory Instruments Act, the Senate resolves to annul the Environmental Management and Co- ordination (Strategic and Integrated Environmental Assessments and Environmental Audits) (No.2) Regulations, 2025, Legal Notice No.71 of 2025.

Hon. Senators, we are voting electronically and so, you can first log out. Serjeant- at-Arms should ensure that any unattended cards are removed.

Hon. Senators, I think you understand and you were around yesterday when this debate was on. So, a vote of “Yes” means you are annulling these Regulations. A vote of “No” means that you are accepting the Regulations. So, you have the choice to make.

You can now proceed and vote.

Sen. Godfrey Ososti and Sen. Joyce Korir, you must be assisted. Kindly approach the Dispatch Box.

Hon. Senators, I want to give the results of the Division.

You do not need to cross. Sen. Ososti, can you go to the Bar and now cross?

Nairobi Senator, parties should also respect Members and allies.

Services, Senate. (Strategic and intergrated environmental assessments and environmental audits) (No.2) Regulations, 2025, Legal Notice No.71 of 2025 pursuant to Section 18 of the Statutory

Instruments Act, the Senate resolves to annul the Environmental Management and Coordination (Strategic and intergrated Environmental Assessment and Environmental

Audits) (No.2) Regulations, 2025, Legal Notice No.71 of 2025 put and the Senate proceeded to vote by County Delegations) AYES: Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbetsi, Samburu County; Sen. Maanzo, Makueni County; Sen. Mariam Omar, Mandera County; Sen. Mbugua, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Odhiambo Ojienda SC, Kisumu County and, Sen. Wafula, Bungoma County.

Hon. Senators, the results of the Division are as follows-

Let us move to the next Division.

Hon. Senators, cast your vote.

Sen. (Dr.) Oburu, Sen. Mwaruma and Sen. Joyce Korir, approach the Dispatch Box.

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Hon. Senators, I want you to listen to the directions from the Chair. If you do not listen, you are dishonourable.

Hon. Senators, the results of the Division are as follows-

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Hon. Senators, the results of the Division are as follows-

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Hon. Senators, I now put the question that Clauses 3, 4, 6, 7, 8, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 26, 27 and Clause 2 be amended as proposed.

You may now vote. We have 30 seconds.

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Services, Senate. Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbetsi, Samburu County; Sen. Maanzo, Makueni County; Sen. Mandago, Uasin Gishu County; Sen. Mariam Omar, Mandera County; Sen. Mbugua, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu Oginga, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Odhiambo Ojienda SC, Kisumu County and, Sen. Wafula, Bungoma County.

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The Temporary Chairperson (Sen. Mumma): On clauses with amendments, the results are as follows-

On clauses with amendments, the results are as follows-

Services, Senate.

Services, Senate.

(Question, that Clause 2 be amended as proposed, put and the Senate proceeded to vote by County Delegations) AYES: Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Crystal Asige, Mombasa County; Sen. Dullo, Isiolo County; Sen. Githuku, Lamu County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kathuri, Meru County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbetsi, Samburu County; Sen. Maanzo, Makueni County; Sen. Mandago, Uasin Gishu County; Sen. Mariam Omar, Mandera County; Sen. Mbugua, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu Oginga, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Odhiambo Ojienda SC, Kisumu County and, Sen. Wafula, Bungoma County.

Services, Senate.

Services, Senate.

Services, Senate.

AYES: Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Crystal Asige, Mombasa County; Sen. Dullo, Isiolo County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbetsi, Samburu County; Sen. Maanzo, Makueni County; Sen. Mandago, Uasin Gishu County; Sen. Mariam Omar, Mandera County; Sen. Mbugua, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu Oginga, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Odhiambo Ojienda SC, Kisumu County and, Sen. Wafula, Bungoma County.

Services, Senate. County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Odhiambo Ojienda SC, Kisumu County and, Sen. Wafula, Bungoma County.

Services, Senate.The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move that the Committee reports to the Senate its consideration of the Early Childhood Education (Amendment) Bill (Senate Bills No.54 of 2023) and its approval thereof with amendments.

The Temporary Chairperson (Sen. Mumma) : Hon. Senators, we are now moving to reporting on the Local Content Bill (Senate Bills No.50 of 2023) .

Madam Temporary Chairperson, I beg to move that the Committee reports to the Senate its consideration of the Local Content Bill (Senate Bills No.50 of 2023) and its approval thereof with amendments.

Services, Senate.

The Temporary Chairperson (Sen. Mumma): Hon. Senators, we are now moving to reporting on the Street Vendors (Protection of Livelihood) Bill (Senate Bills No.41 of 2023).

Madam Temporary Chairperson, I beg to move that the Committee reports to the Senate its consideration of the Street Vendors

Bill

(Senate Bills No.41 of 2023)

and its approval thereof with amendments.

The Temporary Chairperson (Sen. Mumma) : Hon. Senators, I am requesting that you do not leave the Chambers. We are going into Third Reading Divisions and we will require all of you.

Serjeant-at-Arms, you may now draw the Bars.

Hon. Senators, I now call upon the Chairperson to report on The Creative Economy Support Bill (Senate Bills No. 30 of 2024) .

Hon. Senators, we are now moving to reporting on the Early Childhood Education (Amendment) Bill (Senate Bills No.54 of 2023) .

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Creative Economy Support Bill (Senate Bills No.30 of 2024) , and its approval thereof, with amendments.

Mover.

Hon. Senators, we are now moving to reporting on the Local Content Bill (Senate Bills No.50 of 2023) .

Madam Temporary Chairperson, I beg to move that the Committee reports to the Senate its consideration of the Local Content Bill (Senate Bills No.50 of 2023) and its approval thereof with amendments.

Mover.

Services, Senate.

Mr. Deputy Speaker, Sir, I beg to move that The Creative Economy Support Bill (Senate Bills No.30 of 2024, be now read a Third Time.

I request Sen. (Dr.) Lelegwe to second.

Mr. Deputy Speaker, Sir, I second.

Hon. Senators, I am requesting that you do not leave the Chambers. We are going into Third Reading Divisions and we will require all of you.Serjeant-at-Arms, you may now draw the Bars.(The Bars were drawn)(The House resumed)[The Deputy Speaker (Sen. Kathuri) in the Chair]

Hon. Senators, I now call upon the Chairperson to report on The Creative Economy Support Bill (Senate Bills No. 30 of 2024) .

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Creative Economy Support Bill (Senate Bills No.30 of 2024) , and its approval thereof, with amendments.

Mover.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.

I request Sen. (Dr.) Lelegwe to second.

Mr. Deputy Speaker, Sir, I second.

Mover.

Mr. Deputy Speaker, Sir, I beg to move that The Business Laws (Amendment) Bill (Senate Bills No. 51 of 2024) , be now read a Third Time.

I request the Senator for Kisumu to second.

Mr. Deputy Speaker, Sir, I second.

Division will be at the end. Next is The Early Childhood Education (Amendment) Bill (Senate Bills No. 54 of 2023)

Proceed, Chairperson.

We will go to division later. Let us report on the next one. The Business Laws (Amendment) Bill (Senate Bills No.51 of 2024) .

Proceed, Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Business Laws (Amendment) Bill (Senate Bills No.51 of 2024) , and its approval thereof without amendments.

Mover.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the report.

I request the Senator for Kisumu, Prof. Ojienda, to second.

Mr. Deputy Speaker, Sir, I second.

Yes, Sen. Ojienda is in order, you know, this week voices are changing, no problem.

Mover.

Mr. Deputy Speaker, Sir, I beg to move that The Business Laws (Amendment) Bill (Senate Bills No. 51 of 2024) , be now read a Third Time.

I request the Senator for Kisumu to second.

Mr. Deputy Speaker, Sir, I second.

Division will be at the end. Next is The Early Childhood Education (Amendment) Bill (Senate Bills No. 54 of 2023)

Proceed, Chairperson.

Division will be done later. The next one is The Local Content Bill (Senate Bills No.50 of 2023) .

Proceed, Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Local Content Bill (Senate Bills No.50 of 2023) , and its approval thereof with amendments.

Mover.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

I ask Hon. Maanzo to second.

Mr. Deputy Speaker, Sir, I second.

I request Sen. Joyce Korir to second.

I second.

Mover.

Mr. Deputy Speaker, Sir, I beg to move that The Early Childhood Education (Amendment) Bill (Senate Bills No.54 of 2023) , be now read a Third Time.

I request Sen. Joyce Korir to second.

I second.

Division will be done later. The next one is The Local Content Bill (Senate Bills No.50 of 2023) .

Proceed, Chairperson.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. Mariam to second.

Mr. Deputy Speaker, Sir, I second.

Mr. Deputy Speaker, Sir, I beg to move that the Street Vendors

Bill

(Senate Bills No.41 of 2023)

be now read a Third Time. I request Sen. Mariam to second.

Mr. Deputy Speaker, Sir, I second.

Services, Senate.

Services, Senate.

Hon. Senators, proceed to vote on the Business Law (Amendment) Bill (Senate Bills No. 51 of 2024) . Proceed to vote.

We are now on the Early Childhood Education (Amendment) Bill (Senate Bills No. 54 of 2023) .

Proceed and vote.

Hon. Senators, we are now on the Local Content Bill (Senate Bills No. 50 of 2023) .

Proceed to vote.

Sen. Cherarkey and Sen. Omtatah, proceed to vote.

Let us kindly have the next Bill. We are now on the last one, the Street Vendors

Bill

(Senate Bills No. 41 of 2023)

.

Go ahead and vote.

Sen. (Dr.) Lelegwe Ltumbesi and Sen. Dullo approach the Chair.

Hon. Senators, these are the results of the divisions. We will start with the Creative Economy Support Bill (Senate Bills No. 30 of 2024) .

We are now on The Street Vendors

Bill

(Senate Bills No.41 of 2023)

. Chairperson, please proceed.

Services, Senate.

(Question, that the Creative Economy Support Bill (Senate Bills No.30 of 2024) be now read a Third Time, put and the Senate proceeded to vote by County Delegations) AYES: Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Crystal Asige, Mombasa County; Sen. Dullo, Isiolo County; Sen. Githuku, Lamu County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Maanzo, Makueni County; Sen. Mandago, Uasin Gishu County; Sen. Mariam Omar, Mandera County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana River County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Ojienda; Kisumu County and, Sen. Wafula, Bungoma County.

NOES: Nil. ABSTENTION: Nil

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. Mariam to second.

Mr. Deputy Speaker, Sir, I second.

Mr. Deputy Speaker, Sir, I beg to move that the Street Vendors

Bill

(Senate Bills No.41 of 2023)

be now read a Third Time. I request Sen. Mariam to second.

Services, Senate. Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Maanzo, Makueni County; Sen. Mandago, Uasin Gishu County; Sen. Mariam Omar, Mandera County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana River County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Ojienda; Kisumu County and, Sen. Wafula, Bungoma County.

NOES: Nil. ABSENTION: Nil

Division will be shortly. Serjeant-at-Arms, ring the Division Bell for five minutes. If we achieve quorum even after one minute, the Bell will be stopped.

Confirm if we have quorum. Let us go ahead with voting. Serjeant-at-Arms, close the doors and draw the Bar.

Let us proceed with the Divisions. Senators, please, log out then log in again. I already put the questions. Therefore, we should proceed to vote, starting with the Creative Economy Support Bill (Senate Bills No.30 of 2024) .

Services, Senate.

Hon. Senators, proceed to vote on the Business Law (Amendment) Bill (Senate Bills No. 51 of 2024) . Proceed to vote.

We are now on the Early Childhood Education (Amendment) Bill (Senate Bills No. 54 of 2023) .

Proceed and vote.

Hon. Senators, we are now on the Local Content Bill (Senate Bills No. 50 of 2023) .

Proceed to vote.

Sen. Cherarkey and Sen. Omtatah, proceed to vote.

Let us kindly have the next Bill. We are now on the last one, the Street Vendors

Bill

(Senate Bills No. 41 of 2023)

.

Go ahead and vote.

Sen. (Dr.) Lelegwe Ltumbesi and Sen. Dullo approach the Chair.

Services, Senate.

Services, Senate.

(Question, that the Creative Economy Support Bill (Senate Bills No.30 of 2024) be now read a Third Time, put and the Senate proceeded to vote by County Delegations) AYES: Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Crystal Asige, Mombasa County; Sen. Dullo, Isiolo County; Sen. Githuku, Lamu County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Maanzo, Makueni County; Sen. Mandago, Uasin Gishu County; Sen. Mariam Omar, Mandera County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana River County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Ojienda; Kisumu County and, Sen. Wafula, Bungoma County.

NOES: Nil. ABSTENTION: Nil

Hon. Senators, the results of the Division are as follows-

Services, Senate.

NOES: Nil. ABSENTION: Nil

Hon. Senators, the results of the Division are as follows-

Sen. (Dr.) Khalwale, approach the Chair.

Services, Senate.

NOES: Nil. ABSENTION: Nil

Thank you Madam Temporary Speaker. I beg to lay the following Paper on the Table of the Senate today, 7th August, 2025, being-

The Report of the Joint Sitting of the National Assembly, Departmental Committee on Finance and National Planning, and the Senate Standing Committee on Finance and Budget, on the approval of hearing for Mr. Pius Ang’asa, the nominee for appointment to the position of Board Member of the Central Bank of Kenya.

Thank you, Madam Temporary Speaker.

Services, Senate.

NOES: Nil. ABSENTION: Nil

Hon. Senators, the results of the Division are as follows-

Next Order. Hon. Senators, please, refer to the Supplementary Order Paper that has been circulated electronically. I wish to call Sen. (Dr.) Khalwale to move the Motion.

Sen. (Dr.) Khalwale, approach the Chair.

Services, Senate.

Hon. Senators, we have a Supplementary Order Paper, which you can refer to, now. There is a Paper to be read by Sen. Boni Khalwale, and thereafter give Notice of the Motion.

Sen. (Dr.) Khalwale, proceed and lay the Paper.

Thank you Madam Temporary Speaker. I beg to lay the following Paper on the Table of the Senate today, 7th August, 2025, being-

The Report of the Joint Sitting of the National Assembly, Departmental Committee on Finance and National Planning, and the Senate Standing Committee on Finance and Budget, on the approval of hearing for Mr. Pius Ang’asa, the nominee for appointment to the position of Board Member of the Central Bank of Kenya.

Thank you, Madam Temporary Speaker.

Sen. (Dr.) Khalwale, please give Notice of Motion.

Madam Temporary Speaker, I beg to give Notice of the following Motion-

THAT, the Senate adopts the Joint Report of the Departmental Committee on Finance and National Planning of the National Assembly and the Standing Committee on Finance and Budget of the Senate on the approval hearing of Mr. Pius Ang’asa, nominee for appointment to the Board of the Central Bank of Kenya, laid on the Table of the Senate on Thursday, 7th August, 2025, and that pursuant to Section 11 (2) of the Central Bank of Kenya Act and Section 8 (2) of the Public

Sen. Oketch, there cannot be a point of order when he has not even said anything. Honestly, let us be serious. Let him speak and then---

Thank you, Madam Temporary Speaker. I thought this was a Report of the Standing Committee on Finance and Budget. Under Article 10 of the Constitution of Kenya, 2010, we must ensure that the face of Kenya is---

Thank you, Madam Temporary Speaker. I beg to move- THAT, the Senate adopts the Joint Report of the Departmental Committee on Finance and National Planning of the National Assembly and the Standing Committee on Finance and Budget of the Senate on the approval hearing of Mr. Pius Ang’asa, nominee for appointment to the Board of the Central Bank of Kenya, laid on the Table of the Senate on Thursday, 7th August, 2025, and that pursuant to section 11 (2) of the Central Bank of Kenya Act and section 8 (2) of the Public Appointments (Parliamentary Approval) Act, the Senate approves the appointment of Mr. Pius Ang’asa, as a member of the Board of Central Bank of Kenya.

Madam Temporary Speaker, this is a straightforward matter, where the Committee has already done the prerequisite vetting and recommended, as Members will see in the report that has been laid in the House, that Mr. Pius Ang’asa is suitable. He is training in textile technology, where he acquired a degree of Bachelor of Science. Further, he has a Master of Business Administration degree, with vast experience spanning over a period of 25 years. Therefore, the Committee did not doubt in its mind that the candidate was suitable.

I therefore move and request the Senator for Migori County, Sen. Oketch, to second the Motion.

Madam Temporary Speaker, it has been emphasised by the Senate Majority Whip, who is an excellent and committed Member of the Standing Committee on Finance and Budget, together with other Members, certainly being led by Sen. Ali Roba.

This Committee has been very vibrant in terms of doing the work and the necessary vetting to make sure that the Central Bank of Kenya gets an addition to its membership, to the extent that it can stabilise our micro-economic environment, as well as stabilise several indicators in the country. I am certain and a witness that the Committee has done an excellent job.

Mr. Pius Ang’asa is qualified. We did all the background checks that are needed. It is really procedural for me to just ascertain that the report that has been shared and the Motion that has been moved by the Senate Majority Whip are, indeed, in order and therefore, I will not belabour.

I hereby second the Motion as moved. I thank you, Madam Temporary Speaker.

Madam Temporary Speaker, a Member who has spoken on a Motion cannot draw the attention of the Chair to the point of order that provides for the prerequisite number of Members.

Sen. (Dr.) Khalwale, it has been brought to my attention that we do not have the quorum. Can we ring the bell?

Serjeant-at-Arms, please, ring the bell for 10 minutes.

Thank you, Madam Temporary Speaker----

On a point of order, Madam Temporary Speaker.

Madam Temporary Speaker, I have not even spoken.

Sen. Oketch, there cannot be a point of order when he has not even said anything. Honestly, let us be serious. Let him speak and then---

Thank you, Madam Temporary Speaker. I thought this was a Report of the Standing Committee on Finance and Budget. Under Article 10 of the Constitution of Kenya, 2010, we must ensure that the face of Kenya is---

Sen. Oketch, what is your point of order?

Madam Temporary Speaker, of course, I certainly would not want to interfere with the Senator for Nandi County. However, I am just surprised that this House was full a few minutes ago and now--- Under Standing Order No.41, there is no quorum. This is a very serious matter that affects the Central Bank of Kenya. I wish that Members could have proceeded to talk about it.

I rise under Standing Order No.41. I beg you to check whether there is quorum that can discuss this matter in the House. I am not seeing any.

Clerks, can you, please, confirm whether we have quorum to proceed?

Sen. (Dr.) Khalwale, proceed.

Madam Temporary Speaker, a Member who has spoken on a Motion cannot draw the attention of the Chair to the point of order that provides for the prerequisite number of Members.

Sen. (Dr.) Khalwale, it has been brought to my attention that we do not have the quorum. Can we ring the bell?

Serjeant-at-Arms, please, ring the bell for 10 minutes.

Services, Senate.

A Member who has spoken on the Motion cannot draw the attention of Chair to that point of order.

Sen. (Dr.) Khalwale, I am advised there is no such Standing Order, though there is a practise on what you are saying.

Hon. Members, the bell is already ringing. Let us see whether we can mobilise to have 15 Members in the House.

We now have quorum. Senators, please, take your seats. Hon. Senators, in view of the importance of this matter, I want to beg for a consensus that each Senator be given not more than three minutes on the matter.

Sen. Khalwale, proceed.

Services, Senate. changed because I have to look at the report by the Committee on Devolution and Intergovernmental Relations where Sen. Wakoli, the Mover of the Motion and know the thinking of the Committee.

Madam Temporary Speaker, the thinking then was that we needed to incorporate young advocates. The argument was that if you found an advocate who had practiced for more than 10 years, then they had their money and their names. I therefore agree that there is a way of substituting experience and monetary gain and status. Becoming a senior counsel or a judge requires 15 years.

As I support this amendment, we will need to strike a balance. If it becomes worse, let us make it seven years. I will also bring amendments at a later stage, so that we accommodate the young people. That was the reason we thought then because someone who had practised for five years and above had built experience, had expertise and were still energetic.

When you go to Northern Kenya - and Sen. Wakoli should listen to this - counties cannot access senior doctors because they have made their money and feel they have more experience. There is the security of tenure and they should hold office for a term of six years.

Under the County Governments Act, chief officers are given a tenure beyond the governor to assist in the transition period. I agree with Sen. Wakoli on this, since we have the Assumption of Office Act, that one can kick in. However, our thinking then was that, since there was no Assumption of Office Act then, to assist in the transition of governors, we thought it was good to have a county attorney or county solicitor who stayed beyond five years to assist in transition, the settling in of the new administration and institutional memory. We thought it could be concurrent in terms of tenure

I also agree with Sen. Wakoli that the security of tenure should be tied with the governor. I hope it will not extend to the departments, but the heads; the county attorney and county solicitor. The departments should remain so that they assist in the transition. I hope that I and Sen. Wakoli and will share on the Assumption of Office Act, so that those things are handled at that point in time.

Madam Temporary Speaker, on the issue of raising the period from five years as an advocate of the High Court of Kenya to 10 years, the county solicitor is to assist in the preservation of assets and liabilities. I agree that most counties have assets like the Nairobi City County. However, the bottom line should be integrity as in Chapter Six and competence.

As I conclude, we need people who are competent and willing to serve the public and people who respect county assemblies. I remember a story and maybe, Sen. (Dr.) Khalwale can share this history--- I am told that if you wanted to go and see President Kibaki when he was a Minister and you had an engagement with Parliament; President Kibaki would tell you, “first go to Parliament then come to State House.” We need people who take Parliament and county assemblies seriously. You and a number of us will agree that most senior county officials do not take county assemblies seriously.

This morning, the Cabinet Secretary in charge of Interior and National Administration was supposed to appear before the Committee of Information, Communication and Technology to discuss the digitization process, but he instead opted

Hon. Senators, I will now put the question.

Next Order. Hon. Senators, pursuant to Standing Order No.45, I wish to reorganise the Order Paper. We move to Order No.24.

Madam Temporary Speaker, I wanted to contribute on this very important Bill, but I will only make two statements because of time and the fact that I have to move the next Motion on adjournment

Whereas I support the improvement of the County Attorney's Bill, we should be careful with some of the proposed amendments. It is unfair to lock out young lawyers and start looking for experience of 10 years. A lawyer who has been in private practice for 10 years will not find the job of a county attorney attractive. You are, therefore, opening up the possibility of locking out young intelligent lawyers. In the end, lawyers who are not

Mover, proceed.

Madam Temporary Speaker, pursuant to the provisions of Standing Order No.146 (1) of the Senate Standing Orders, I beg to move that The Office of the County Attorney (Amendment) Bill (Senate Bills No.47 of 2024) be now read a Second Time.

The Standing Committee on Devolution and Intergovernmental Relations has prepared amendments to the Bill, which incorporate the views of the public. In accordance to Standing Order No.145 (5) of the Senate, the Committee invited interested members of the public and stakeholders to submit their proposals to the Bill.

The Bill also seeks to amend The Office of the County Attorney Act, Cap. 265 (E) to enhance the qualification for appointment of the County Attorney and the County Solicitor and further to provide for the tenure of office of the County Attorney.

Madam Temporary Speaker, with your permission, I shall proceed to highlight the various provisions in the Bill.

Clause 2 of the Bill seeks to amend Section 5 (2) of the Office of the County Attorney Act to enhance the qualifications of the County Attorney from an advocate of the High Court of Kenya with at least five years of experience to an advocate of the High Court of Kenya with at least 10 years of experience.

Clause 3 of the Bill seeks to amend Section 6 (1) of the same Act to revise the tenure of the County Attorney from the current six-year term to allow the County Attorney to serve for the term of the Governor.

Clause 4 of the Bill further seeks to amend Section 17 (2) of the Act to raise the qualifications of the County Solicitor from an advocate of the High Court of Kenya with at least five years of experience to an advocate of the High Court of Kenya with at least 10 years of experience.

Clause 7 of the Bill seeks to expand the functions of the Secretary to the Board to include supervisory control over staff of the County Assembly, mirroring the structure of Parliament.

The main objective of this Bill is to reduce the cost of legal fees paid by counties. This will be achieved by ensuring experienced advocates are placed at the helm to advise county governments on legal compliance and guide their juniors on how to handle cases where counties are either being sued or have sued. This will in turn reduce reliance on external lawyers, who often charge counties huge legal fees.

Further, when a new governor assumes office, they are expected to form a County Executive Committee that they can fully trust. Having to work with a County Solicitor who served in the previous administration could interfere with the new governor’s ability to function effectively.

Services, Senate.

We are cognisant of the fact and it has been in this House that a lot of money has been channeled through county governments to pay external advocates and law firms for litigation or arbitration. This is in situations where a county could have engaged qualified in-house legal experts to offer advice, represent the county, and defend its interests. You can imagine a scenario where a new governor comes into office and finds a county attorney from the previous regime, in whom the governor has no confidence. This leads to difficulty in seeking legal advice.

The proposed amendment ensures that, for example, when my good friend, Sen. Boni Khalwale becomes the next governor of Kakamega, he will have the ability to appoint his own county attorney. When his tenure comes to an end, that attorney leaves with him, allowing the incoming governor, say, Sen. Cherarkey of Nandi, to appoint his legal team. These attorneys will be responsible for advising governors and safeguarding county resources.

It is also important to note that these legal officers are responsible for protecting billions of shillings worth of assets owned by the county governments. It is, therefore, important to have people with experience, individuals who can defend, prosecute and manage legal matters competently on behalf of the counties.

This is the same when you look at how the Judiciary operates in this country. You start by being Magistrate I, Magistrate II, then you rise to be a Judge and eventually Chief Justice. The higher the level, the greater the responsibility and the more complex the cases. That calls for experience, determination and sound judgment.

Madam Temporary Speaker, with those few remarks, I beg to move and call upon Sen. Cherarkey to second.

Proceed, Sen. Cherarkey.

Madam Temporary Speaker, as I rise to second, I must say that I have some reservations concerning the amendments brought by my brother, Sen. Wakoli. I say this as the midwife of the Office of the County Attorney Act currently in place. It behoves all of us to consider this carefully. I agree with these amendments that have been brought.

Madam Temporary Speaker, on these amendments that have been brought, I agree with him on the issue of fees paid by county governments. I sit in the County Public Accounts Committee (CPAC) and I remember in Nairobi City County, there was Kshs2 billion worth of legal fees which is yet to be paid. For example, in Nandi, they were paying legal fees of Kshs38 million.

The real problem is that governors have tried to comply with the office of the County Attorney Act in place. They do not listen. The only county that has established a county attorney and a county solicitor is Kilifi County with a number of legal officers and advocates of the High Court of Kenya and who are doing a fantastic job. I therefore agree with him that counties have found an excuse. I am told the easiest avenue to get public funds from counties is through the county attorney offices.

I agree on the issue of experience because maybe, young advocates are being looked down upon by county governments or governors. However, there is no scientific proof that when you are young or you have started off your practice, you will lose cases. It is similar in all practices, including in medical practice. The wisdom then was that we recommended advocates with five years’ experience, although, I do not know what has

Services, Senate. changed because I have to look at the report by the Committee on Devolution and Intergovernmental Relations where Sen. Wakoli, the Mover of the Motion and know the thinking of the Committee.

Madam Temporary Speaker, the thinking then was that we needed to incorporate young advocates. The argument was that if you found an advocate who had practiced for more than 10 years, then they had their money and their names. I therefore agree that there is a way of substituting experience and monetary gain and status. Becoming a senior counsel or a judge requires 15 years.

As I support this amendment, we will need to strike a balance. If it becomes worse, let us make it seven years. I will also bring amendments at a later stage, so that we accommodate the young people. That was the reason we thought then because someone who had practised for five years and above had built experience, had expertise and were still energetic.

When you go to Northern Kenya - and Sen. Wakoli should listen to this - counties cannot access senior doctors because they have made their money and feel they have more experience. There is the security of tenure and they should hold office for a term of six years.

Under the County Governments Act, chief officers are given a tenure beyond the governor to assist in the transition period. I agree with Sen. Wakoli on this, since we have the Assumption of Office Act, that one can kick in. However, our thinking then was that, since there was no Assumption of Office Act then, to assist in the transition of governors, we thought it was good to have a county attorney or county solicitor who stayed beyond five years to assist in transition, the settling in of the new administration and institutional memory. We thought it could be concurrent in terms of tenure

I also agree with Sen. Wakoli that the security of tenure should be tied with the governor. I hope it will not extend to the departments, but the heads; the county attorney and county solicitor. The departments should remain so that they assist in the transition. I hope that I and Sen. Wakoli and will share on the Assumption of Office Act, so that those things are handled at that point in time.

Madam Temporary Speaker, on the issue of raising the period from five years as an advocate of the High Court of Kenya to 10 years, the county solicitor is to assist in the preservation of assets and liabilities. I agree that most counties have assets like the Nairobi City County. However, the bottom line should be integrity as in Chapter Six and competence.

As I conclude, we need people who are competent and willing to serve the public and people who respect county assemblies. I remember a story and maybe, Sen. (Dr.) Khalwale can share this history--- I am told that if you wanted to go and see President Kibaki when he was a Minister and you had an engagement with Parliament; President Kibaki would tell you, “first go to Parliament then come to State House.” We need people who take Parliament and county assemblies seriously. You and a number of us will agree that most senior county officials do not take county assemblies seriously.

This morning, the Cabinet Secretary in charge of Interior and National Administration was supposed to appear before the Committee of Information, Communication and Technology to discuss the digitization process, but he instead opted

Services, Senate. to attend the Jukwaa la Usalama function which is not recognised by law. He did not recognise the Committee of Information, Communication and Technology.

The Jukwaa la Usalama has been changed to Jukwaa la Siasa. He is using it to prop himself as the kingpin of an area that I do not know of. We need people who respect the work of Parliament. We need people who will tremble with fear when they are summoned by Parliament because they know that the people who have summoned them are the representatives of the people.

We will be attending the 14th Devolution Conference, and I am happy you are part of the preparatory committee organising the Devolution Conference in Homa Bay, the county of endless potential. Yesterday, the Chairperson of the Council of Governors was asked in an interview, if the Senate vouches for devolution and he said that it is debatable. I was shocked. The interview was on Jeff Koinange Live (JKL), Citizen Television. He said that yet this Senate has stood with the counties on several occasions.

I can give two examples of instances where this Senate has stood with the counties. One, we did that during the debate for the Equalisation Fund. We wanted Kshs465 billion. We were the ones who were at the front. The Council of Governors never engaged neither did they work with us. Number two is the Road Maintenance Levy Fund. I am sure you remember what we fought with. I was happy to see you say in our official WhatsApp group that you should be part of the legal counsel to be enjoined in the matter of Road Maintenance Levy Fund.

We defend and protect devolution every day. The only problem the Council of Governors have against us is that we do not condone corruption. We do defend devolution. We even entrench, expand and broaden laws like the Office of the County Attorney (Amendment) Bill, 2024, for the betterment of widening and broadening devolution in our Republic.

I will not say much because there is a Motion coming up and time is spent. My plea is that we should take the legislative arms of the Government; the National Assembly, the Senate and the county assemblies very seriously. If God allows you, Sen. (Dr.) Khalwale, to be the Governor of Kakamega County, please, respect the Senate and the county assemblies. If we respect each other, we will develop a symbiotic relationship.

Madam Temporary Speaker, with those many remarks, I beg to second. I will bring further amendments when this Bill comes to the Committee of the Whole.

I thank you.

Madam Temporary Speaker, I wanted to contribute on this very important Bill, but I will only make two statements because of time and the fact that I have to move the next Motion on adjournment

Whereas I support the improvement of the County Attorney's Bill, we should be careful with some of the proposed amendments. It is unfair to lock out young lawyers and start looking for experience of 10 years. A lawyer who has been in private practice for 10 years will not find the job of a county attorney attractive. You are, therefore, opening up the possibility of locking out young intelligent lawyers. In the end, lawyers who are not

Services, Senate. successful because of whatever limitations in capacity are the ones who will go to the counties. I would love that we review that proposal.

The second proposal is tying the tenure of the county attorney to the governor. A county attorney is a professional. He is not like the cooks, drivers and bodyguards who are supposed to leave with the governor when his tenure is over.

It would be nice to leave this young professional to do the work. I insist because thanks to the old provision, I know of a young lawyer from Malinya who has managed to be a County Attorney in one of the 47 counties in Kenya. She is a young lawyer. This is the way it should be. Let us open up opportunities for Kenyans.

Madam Temporary Speaker, I support, but with amendments.

I do not see other requests. The Mover may therefore reply.

Thank you, Madam Temporary Speaker, for this opportunity. I have heard the remarks of my colleagues with regard to the tenure of office and age bracket. There is no malice with age. The wise people say even idiots grow old and even the sage say, with time, people grow wiser. Therefore, it is good and important for us to look at how the Office of the County Attorney and Solicitor in the 47 counties are working. The Senate Standing Committee on Devolution and Intergovernmental Relations has encountered these cases over and over again.

I have been a Member of the Committee on Devolution and Intergovernmental Relations. We have seen the mess in various counties. You have seen the cases in Siaya, Trans-Nzoia and Isiolo counties. Therefore, it is very evident that unless you have a strong County Attorney who can guide the governor and the executive to do their work, a legal person who is well grounded in law, in experience--- We are not saying that being young, you have no experience. It is important for this House to put in provisions to ensure that the drama and merry-go-round we are seeing in county governments must come to an end. We can no longer be paying bills in billions, millions of shillings and yet people call themselves legal people with experience. No, we have to evaluate that.

I call upon Members that we must ensure the Office of the County Attorney is not only the name, the Attorney, the person. We are looking at an office which has staff. I have seen senior counsel members in the Supreme Court.

You might have Prof. Ojienda injecting wisdom in the court of law, but the people advising, doing research and accompanying him to prosecute the matter are all people of experience. That means, for an office of the County Attorney, it is not really the number of years, but execution of the duties that are in that office of the County Attorney. So, I request Members, it is a discussion or discourse ongoing and every input is important to make the Office of the County Attorney and Solicitor important.

I have seen governors in this House. I have seen Senators being governors. When Senators turn into governors, they want to come in with a new broom to sweep everything, and they always accuse the incumbent of corruption. That is why we are saying you cannot call the pot black and yet you are the same cook who wants to give soup to participants in the meal. Therefore, it is important that those who have no confidence in a government, you cannot say you do not trust the governor or the wisdom of the governor, but you want to trust the wisdom of the advisor of the governor.

Services, Senate.

You cannot say you do not eat meat, but you take its soup. So, it is important as we adjudicate this matter, we critically and analytically look at it and ensure that we have a Bill that fits to ensure that county governments are legally and constitutionally run so that devolution is protected and loved by Kenyans.

Madam Temporary Speaker, pursuant to Standing Order No.66(3), I request us to defer the putting of the question to a later date.

Thank you, Madam Temporary Speaker.

Your request is agreed to.

Hon. Senators, it is now 6.30 p.m. time to adjourn the Senate.

The Senate, therefore, stands adjourned until Tuesday, 9th September, 2025 at 2.30