Thursday, 8th May, 2025 Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

Hon. Senators, we now have quorum, kindly take your seats. Clerk, proceed to call the First Order, please.

I wish to report to the Senate that pursuant to Standing Order No.46 (3) , I received the following Message from the Speaker of the National Assembly regarding the passage, by the National Assembly, of the Social Protection Bill (National Assembly Bills No.12 of 2025) .

The Message, dated Wednesday 30th April, 2025, was received in the office of the Clerk of the Senate on Tuesday 6th May, 2025. Pursuant to Standing Order No.46 (4) , I now report the Message.

Pursuant to the provisions of Standing Order No.41 (1) and 142 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly.

WHEREAS the Social Protection Bill (National Assembly Bills No.12 of 2025), was published vide the Kenya Gazette Supplement No.43 of 20th March, 2025 as a Bill to provide a framework for the administration of non-contributory social protection interventions and to establish the National Board of Social Protection,

AND WHEREAS the National Assembly considered the said Bill and passed it with amendments on Wednesday, 30th April, 2025 in the form attached hereto;

NOW THEREFORE, in accordance with the provisions of Article 110(4) of the Constitution and Standing Orders No.41 and 142 of the National Assembly Standing Orders, I hereby refer the said Bill to the Senate for consideration.

Hon. Senators, pursuant to Standing Order No.163, which requires that a Bill which originates in the National Assembly be proceeded with by the Senate in the same manner as a Bill introduced in the Senate by way of First Reading, in accordance with Standing Order No.144, I direct that the Social Protection Bill (National Assembly Bills No.12 of 2025), be listed in the Order Paper for Tuesday 13th May, 2025 for First Reading.

I thank you. Next Order.

Thank you, Mr. Speaker, Sir. This is a Petition to the Senate by the Kenya Union of Clinical Officers (KUCO) concerning discrimination, interference and violation of clinical officers' practice rights by the Ministry of Health (MoH) , the Council of Governors (CoG) and the Social Health Authority (SHA) .

I rise pursuant to Standing Order No.232 (1) (b) , to present a Petition that has been submitted by the KUCO, who are citizens of the Republic of Kenya.

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

Mr. Speaker, Sir, the salient issues raised in the Petition are-

Sen. Karen Nyamu, you have become notorious in defying the Standing Orders and that should be your last warning.

Hon. Senators, pursuant to Standing Order No.238 (1) , I commit the petition to the Standing Committee on Labour and Social Welfare. In terms of Standing Order No.238 (2) (a) , the Committee is required in not more than 60 calendar days from the time of reading this prayer, which is today, to table its report in the Senate for consideration. The Senate shall thereafter consider and adopt the report of the committee.

I thank you.

Next Order.

Thank you, Mr. Speaker, Sir. My first Statement is regarding the implementation of the Senate resolution on the promotion of mental health facilities for mothers.

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 status of implementation of the Senate resolution on the promotion of mental health facilities for mothers.

World Mental Health Day is commemorated annually on 7th May and seeks to raise awareness of mental health challenges that occur during the perinatal period, defined as time from pregnancy through to two years after childbirth. During this critical period, many women and indeed families, face serious mental health conditions such as perinatal and postpartum depression, psychological distress following still birth and anxiety disorders.

The studies show that one in five women and one in 10 men experience depression or anxiety during the perinatal period, posing a serious threat to parenting,

bonding and family well-being, yet, due to stigma and systematic gaps in our health systems, these issues then go undiagnosed and untreated.

In the Statement, the Committee should address the following-

Kenyan and African passengers deserve equitable, dignified and high-quality service when they board international flights, regardless of which continent they are departing from or flying to. I urge the Committee to treat this matter with the seriousness it deserves and ensure this House is duly informed on the way forward.

In the Statement the Committee should address the following-

Proceed, Sen. Omtatah. That Statement is dropped.

The Chairperson Standing Committee on Labor and Social Welfare.

Thank you, Speaker Sir, for giving me this opportunity to read this Statement relating to the activities of the Standing Committee on Labor and Social Welfare for the period between 11th February, 2025 to 30th April, 2025, pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders.

Mr. Speaker, Sir, during the period under review, the Committee held a total of 23 sittings, during which it considered 72 Statements, two Bills and four Petitions.

Following the reconstitution of committees and recognizing the expansive nature of its mandate, the Committee conducted a Work Planning and Induction Retreat, to effectively integrate newly appointed Members and to ensure continuity in its operations.

Additionally, the Committee conducted extensive stakeholder engagements with the ministries and agencies under its oversight, particularly during consideration of the 2025 Budget Policy Statement (BPS) . Attached to this Statement is a schedule of legislative business currently before the Committee (Appendix 1) .

Mr. Speaker, Sir, during the period under review, the Committee received 15 Statements addressing concerns on labour rights violations, mismanagement and delays in pension and statutory benefits, poor public sector human resource practices and inadequate enforcement of social protection laws. The Committee engaged the relevant stakeholders to provide detailed responses, which were circulated to the respective Senators for their consideration.

During the period under review, a Petition was submitted concerning the failure of Kenya Breweries Limited (KBL) , Kaplan & Stratton Advocates and Harrison Kinyanjui Advocates to pay compensation awarded to the Petitioners. The Committee reviewed the Petition relating to the enforcement of the judgment in HCCC No.279 of

Statement pursuant to Standing Order No.57 (1) . Proceed, the Senate Majority Leader.

Mr. Speaker, Sir, before I proceed with this Statement, let me take this opportunity to welcome hon. Senators back from the short recess. I hope they took time to rest, spend time with their families and friends, reconnect with their constituents and rejuvenate themselves for Part III of the Fourth Session. I hope they noted the order of those activities. How they are scripted was quite intentional.

Mr. Speaker, Sir, while some progress was made in Part II of the Session, which saw the Senate pass seven Bills, we still have a long way to go in processing legislative business. The current status of business pending before the Senate includes–

among Counties, laid on the table of this Senate on Thursday, 17th April 2025, and that pursuant to Article 217 (1) of the Constitution of Kenya approves the Fourth Basis for Allocating the Share of National Revenue among Counties from financial year 2025-2026 to financial year 2029-2030 as follows-

County allocation, which is equals to (baseline allocation ratio * 387.425 billion) plus (0.45 of population index, 0 plus 0.35 equal share index, plus 0.12 poverty index, plus 0.08 geographical land size, that is, times any additional county equal share above the baseline.

Where-

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

What is your point of order, Sen. Osotsi?

Mr. Speaker, Sir, I did not want to interfere with my good friend, the Chairperson of the Committee on Finance and Budget. I am concerned because the Report that he is presenting is very important to us, Members, since it is only done once after five years.

I am struggling to get a copy of that report. It is not in the iPad. I would request that it be provided to us, so that we are able to interrogate the issues. These are very important issues. Can we have the report provided to us?

The Speaker (Hon. Kingi) : I think the Chairperson of the Committee on Finance and Budget is not out of order. I will take it as an intervention. I have since directed the Secretariat to upload it in your iPads. I think it was an oversight, but certainly not on the part of the Chairperson. So, give it three minutes. Some hard copies are also being run, so that you have the advantage. For those who are not tech-savvy, they can have hard copies.

Mr. Speaker, Sir, the issue raised by the Senator of Vihiga is very important. The reason you have seen me disorderly is because some of my colleagues who know that I sit in this Committee are trying to find out what it is that we have brought in the House.

Going by the history of decision-making on this Formula, this is not the way to go. It would be more useful to this House that the industry of the Committee on Finance and Budget can be distributed to Members, they interact with it, then debate be done thereafter.

Yes, Senator of Nairobi City County.

Mr. Speaker, Sir, many of us in this House are not in the habit of interacting with things we have not read, unlike some people in other quarters that I do not want to mention. You find that someone has not read something, but they are an expert in it.

Mr. Speaker, Sir, we could resume the regular business because you had rearranged the Order Paper. We can then have the documents uploaded and provided in hard copy. With due respect to the Chairperson of the Committee on Budget and Finance, we can resume that debate later. I am sure he understands the importance of this matter.

Mr. Speaker, Sir, I wanted clarification from you on whether this matter is time- bound. If so, I would want to understand the timelines that we are working with. Is there a possibility that we can spend a good amount of time on this formula in order for us to make an informed decision?

Mr. Speaker, Sir, I strongly associate with the sentiments of my colleagues, but I am very industrious, hence I have read the report and internalized it. I have the report and it has markers. I am ready to debate.

Sen. Cheruiyot, Sen. (Dr.) Lelegwe and a number of us who have been in this House through God’s grace know that the issue of revenue formula almost divided the country in the last session. We found it challenging to convince the nation on why we should adopt that basis. The Chairperson of the Committee on Budget and Finance together with you were governors then, and you will remember that we had a push and pull.

My proposal, as you give us guidance on the timelines is that for the convenience of our colleagues who have not gone through the document, we be given time to go through it. I note that we have signed something to do with kamukunji. In that kamukunji, the Members can be taken through the report by Dr. Masinde of the Parliamentary Budget Office (PBO) for them to understand it.

I remember there was a lot of protracted fight in this House when some counties lost. That almost divided us. We had people who were saying. “one man, one vote, one shilling” and the others were saying “one man, one shilling, one kilometer.” We do not want to reduce this debate to that level.

I wish we defer this matter, go and build consensus, then come back to debate and pass the Motion. We do not need to push to the extreme. Sen. Kisang’ and the Senator for Lamu are from small counties that have been facing challenges of skewed resource allocation and I know that they would want to know how this is done.

Mr. Speaker, Sir, let us give a time out for us to go and sit together. I know that people like Sen. Eddy who are supporters of Arsenal are still recovering from their loss to PSG football club that happened yesterday. They are still recovering and mourning. They should, therefore, be given time to recover before they look at the serious matters. You can guide the House on that issue.

Thank you, Mr. Speaker, Sir. Some of us are first-timers and I like referring to myself as an amateur in politics. I am learning hence I consider myself an intern of this House.

I was looking forward to being sensitized on this matter. Most Kenyans do not even know that there is a revision of this formula after every five years. We sit here as representatives of Kenyans and I find it very curious that we have not been furnished with the documentation. It might be an oversight, but it can also look like some things are happening and we are being led to a certain direction.

For the sake of newcomers like myself who pride in being interns, let us have a kamukunji for us to be sensitized on what is happening. We can then deliberate in the kamukunji before we debate this matter. That will be very helpful to us. They keep saying we are nominated, but we would like to learn about the revenue formula and the revision. When we come back to this House next time, which we are, we can then stand up and speak as ranking members.

I am requesting that we have a kamukunji outside the Chamber. After that, we can come and deliberate on the matter. Thank you.

Thank you, Mr. Speaker, Sir. I walked in when Sen. Cherarkey was making a passionate appeal for time out on this Motion by Sen. Ali Roba. The truth is that this is perhaps one of the most important engagements of the Senate in its five years. This is because it will determine the monies that will be shared among counties for the next five years.

In fact, I implore the Speaker and the Chairperson of the Committee to consider a retreat that can even be within Nairobi. It should be a real retreat. A kamukunji would take two or three hours and that will not be enough. We need to discuss this matter and only come here when we have already built consensus. We will only come here to process the business and come up with a way forward for everyone.

One of the most disturbing things about a formula for sharing revenue is that it may get to a point that one county, unfortunately, may have to not gain as much as other counties. We actually need to walk that journey with every Senator for them to know why they are getting less than what the others are getting. A retreat will be important to build consensus on this matter.

I thank you.

Hon. Senators, let us make progress in this particular matter. I agree that this is an extremely weighty matter. We should, therefore, put every effort to ensure that we avoid the ugly scenes witnessed during the passage of the formula that is now under implementation.

I have consulted with the Chairperson of the Committee on Budget and Finance and we have agreed that this Motion will be moved on the 22nd May, 2025. That gives us roughly two weeks. Within those two weeks, we do not need a kamukunji or a retreat. You should read the document and consult amongst yourselves. If you find difficulties amongst yourselves and you need the Speaker and the secretariat to bring you together for purposes of hammering a certain consensus, then we will be available. This Motion will be moved on 22nd May, 2025. The documents will be made available today, both in soft and in hard copy.

Hon. Senators, we shall now resume the normal flow of today's business. I will call Sen. Okiya Omtatah, whose Statement had been dropped because he was not in the House when it was called out. However, he has explained his absence to the satisfaction of the Chair. I will now allow him to proceed with his Statement. Thereafter, we will move to comments.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding the Government’s decision to lease public sugar companies for approximately 30 years. This is to effectively privatizing ownership rather than retaining them under public control with the appointment of competent professional management.

In the Statement, the Committee should address the following-

Hon. Senators, before I allow comments on the Statements that have been sought, allow me to make this Communication.

Thank you, Mr. Speaker, Sir. It would be nice for the young people from Murang’a to know that Murang’a County has a special history with Parliament. The children should know that it is from Murang’a, where we had the first

doctor to sit in Parliament of Kenya, Dr. Gikonyo Kiano. It would also be nice for them to be proud of the fact that the real leader who brought an end to the dictatorship of a certain president in the country was from Murang’a, a man by the name of Kenneth Njindo Matiba.

Lastly, it would be nice for them to know that Murang’a has produced the best business people, who took over from the white business community in Nairobi. They established the first black business community in this City. Welcome, young people.

I thank you, Mr. Speaker, Sir.

We will now move to comments on the Statement sought. Hon. Senators, if you get a chance to speak, please keep it under three minutes, as my board is fairly full. This will allow as many of you as possible to have an opportunity to speak.

The Senator for Mombasa County, proceed.

Asante Mhe. Spika kwa kunipa fursa hii kuchangia maombi ya Taarifa yaliyoletwa Bungeni na Sen. Hamida. Ni kweli kwamba baadhi ya mashirika ya ndege yanayohudumu katika nchi yetu, hususan Turkish Airlines na mengineyo, huduma za viwango vya juu wanazotoa yanaacha maswali mengi kuulizwa kuliko majibu.

Nilibahatika kusafiri kwa ndege ya Turkish Airlines kuenda Istanbul hivi majuzi. Huduma za Business Class kwa ndege ile ni tofauti za zile zinazotolewa kwa kiwango hicho hicho kwa ndege zinazosafiri kutoka Istanbul kuenda maeneo mengine kama Europe, America na Asia.

Haiwezekani ndege ile ile itoe huduma tofauti kwa watu wanaokuja Africa na wale wanaoenda sehemu ingine. Sijui shirika linalothibiti huduma hizi katika nchi yetu ya Kenya linafanya nini ili kuhakikisha huduma zinazotolewa zinafikia viwango vinavyotakikana.

Tunaomba Kamati iharakishe kuchunguza suala hili kwa sababu Wakenya wengi wanapata shida. Inaonekana kuna ubaguzi wa rangi katika huduma wanazotoa maeneo ya Africa na maeneo mengine wanayohudumu.

Mhe. Spika, naunga mkono maombi ya Taarifa ya Sen. Hamida Kibwana. Asante.

The Senate Majority Leader.

Mr. Speaker, Sir, this request was for comments in the earlier discussion. I do not have a comment on the Statements.

Sen. Sifuna, proceed.

Hon. Speaker, let me just comment on the Statement that has been read by the Senator for Busia County. This is a matter of grave national concern. Yesterday, there was a statement issued by the Governor for Kisumu County, the Hon. (Prof.) Peter Anyang’-Nyong’o, who is the strategic reserve of ideology for the Orange Democratic Movement (ODM) party. Whenever we want to find our North Star, he is the person we go to and he gives us direction.

He raised concern about plans to privatise mills in his area as well. As you know, the public mills, including Nzoia, Chemilil and Muhoroni, are all listed as part of this leasing plan. I was at home for a burial last week, and the people of Bungoma, who are largely sugarcane farmers, were very clear that they will insist on the promise that was made by the Head of State when he was campaigning. That when it comes to Nzoia Sugar, the Government will invest in upgrading the machinery to improve efficiency, but they will not be leasing this sugar plant out or sell it to any third party.

Prof. Anyang’-Nyong’o cited a few reasons as to why he was objecting the leasing of Chemilil and Muhoroni Sugar mills. Number one, that there was ongoing litigation. He felt that there was not effective public participation, and this process is being rushed. That it has been undertaken in an opaque nature. In fact, he listed the companies; that Chemilil Sugar Company is supposed to be leased to Kibos Sugar Company and Muhoroni Sugar Company is supposed to be leased to a company called West Valley Sugar. There are rumours that this company is associated with a Member of this House. I hope that when he contributes, he will declare that interest, as we passed a Bill in this House on conflict of interest.

Hon. Speaker, because this is a matter of grave national concern, we want to be clear as leaders in this country that we do not necessarily oppose everything that is proposed. However, it is a constitutional imperative to carry the people along, so that they understand they are the biggest stakeholders.

Number two, if you are leasing out the sugar mills, and the person is not interested in reviving the mills, but is only after the land owned by that particular sugar plant, there is going to be a problem. Nzoia Sugar has the biggest nucleus and the people of Bungoma will not allow that land to be taken because they consider it their land. It is only held in trust for them.

Hon. Khalwale, the last time we had a plan to privatise these sugar mills, we came together as leaders and agreed that there would be no privatisation without involvement of the local community. Please, all we are calling for is to follow the constitutional imperative and Article 10 to involve our people to allow---

Senator for Nandi County, proceed.

Mr. Speaker, Sir, let me pick from where Sen. Sifuna left. I would like to say this. Nandi is also part of the conversation we are having about privatization and leasing of sugar mills such as Chemelil Sugar Company Limited, West Kenya Sugar Factory and also those in Kericho. What we are calling for is accountability, public participation and dispensation of court processes that are already in place.

It will be nice to engage. I am willing to sit there the way we did with the Oparanya Report on sugarcane reforms that gave birth to the Sugar Act. We are willing to sit and have that conversation for the betterment of farmers in Kenya.

I request the Government not to be in a hurry because there will be a lot of legal hurdles that might affect this process. I know the Government gave sugarcane farmers some bonus. However, we need to have a conversation to make sure that process is concluded.

Secondly, on the report by the Committee on Labour and Social Welfare, we passed a one-off honorarium for former councilors. The Chairperson of the Committee on

Labour and Social Welfare has not given us a headway on what will happen to the one- off honorarium that was supposed to be given to former councilors, yet they served this nation at a time when they were being given tokens of appreciation. It would have been nice for the Committee on Labour and Social Welfare to give us a way forward.

On the issue of labour mobility and creation of opportunities, we have had flying accusations from one place to another. I would like the Committee on Labour and Social Welfare to give us the status, so that we do not only hear the story from one side by the Cabinet Secretary for Labour and Social Protection.

We need to be told the numbers and how our young people are getting access to opportunities sourced by the Government, so that we stop accusations where some Members of this House engage in unnecessary altercation with Members of the Executive. Let us be given the status about labour mobility, so that it becomes easy. We need to know the number of Kenyans in diaspora. That includes those in Dubai and other places.

Finally, Mr. Speaker, Sir, on the issue of Talanta Sports City Stadium and a number of stadiums across the country, the Committee on Labour and Social Welfare should give us status and tell us how the stadiums are being taken care of. Talanta Sports City Stadium and Moi International Sports Centre Kasarani are taking shape. The Committee on Labour and Social Welfare should give us the status so that it becomes easy.

Mr. Speaker, Sir, I support all the statements that have been presented today. I thank you.

Next is Sen. Osotsi.

Mr. Speaker, Sir, allow me to also weigh in on the Statement by Sen. Omtatah regarding leasing of sugar companies and privatization.

This is a weighty matter, particularly for people from western region where I come from. People are concerned about the plan to lease Nzoia Sugar Company particularly. We did not have adequate stakeholder engagement and also public participation. The process was done opaquely. Even if the Government has good intentions on doing something, can they involve the people and leaders of that region, instead of just waking up and saying they want to lease Nzoia Sugar Company?

This Statement is an eye-opener. I want to urge the committee where it will be directed, to handle it with speed, so that our people get justice because the speed at which the whole process is being undertaken is sending a lot of negative signals to our people.

On the second issue of privatization, I am among the people who believe that privatization is not the solution to the problem we are having in the sugar industry. Mumias Sugar Company was doing well before privatization. When we used to have a management agency called Booker Tate, they were doing so well. The problems started increasing upon privatization of Mumias Sugar Company, where the management could not listen to anyone. We had the former Managing Director (MD) who was also a governor somewhere. I do not want to mention the name. He used to come here and even refused to talk to committees because the company was privatized. That is how the company started going down.

The solution is not in privatization of sugar companies. It is in the Government looking for a strategic manager. I wonder why the Government keeps interfering with the sugar industry.

Sen. (Dr.) Boni Khalwale is here. In Mumias, Sarrai has made that company to work. When things are working, we want to destroy them. That guy is working well. He has made smoke to be seen and some former workers are back to work. Now you want to take part of the company to another person---

Proceed, Sen. Murango.

Bw. Spika, nami ningependa kuongezea maoni yangu kuhusu Taarifa iliyoletwa na Sen. Omtatah. Vile vile katika gazeti hilo, Kiwanda cha Mchele cha Mwea kimeorodheshwa kama mojawapo ya viwanda ambavyo vinafaa kubinafsishwa.

Babu yangu ni mmoja wa wale waliopeana mashamba na vile vile kuchangia katika kujengwa kwa kiwanda hicho. Kwa hivyo, Serikali inapoamua kukiuza, ni vyema tujue ni kwa jinsi gani wale waliopeana mashamba kwa hiari watafaidika. Nikikupa shamba ufanyie kitu fulani, ikiwa huna haja nalo tena, unafaa kunirudishia mimi niliyekupa kwa sababu sikuuza.

Jambo la pili ni kuwa kuna mchango uliofanyika ili kuhakikisha kuwa kiwanda hicho kinaendelea. Wengi wa watu hao huzikwa makaburini. Sisi kama Wakikuyu kutoka Kirinyaga tunashika mashamba yetu. Tulipeana mashamba na sasa watu wanakaa vijijini ambako hawana hata mahali pa kuzikwa.

Ni vyema kwa watu hao waliokuwa na roho nzuri kuhusishwa kwa jambo kama hili. Waliobaki kama sisi tunafaa kuitwa kwa sababu kuna wengine waliotutangulia kwenda ahera. Tunafaa kupeana maoni yetu kwa sababu wale waliobaki hawataki uwanja huo uuzwe.

Jambo la tatu ni kuwa kuna viwanda ambavyo vimejengwa kule Sagana. Tunaambiwa kuwa tunafaa kwenda huko kutafuta huduma kwa sababu shamba lililoko Mji wa Ngurubani linapakana na maghala ya Halmashauri ya Nafaka, mahali ambapo wakulima wanaenda kuchukua mbolea ya ruzuku. Pahali hapo panaposemekana kuwa katikati ni Zaidi ya kilomita 30. Ni kama kutoa jikoni karibu na sebule na kuipeleka karibu na bafu. Inafaa kuwa mahali ambapo unaweza kutembea.

Sisi tungetaka huduma zinazopelekwa katika kiwanda hicho zibaki pale pale. Kama wakulima wataamua kwamba kiwanda hicho kipeanwe, basi wanafaa kuhusiswa kikamilifu ili waamue kama kitatolewa au la.

Asante sana Bw. Spika.

Sen. Eddy, you have the Floor.

Mr. Speaker, Sir, I have two quick comments. The first one is on the Statement that was sought by Sen. Hamida. I do not know what we can do to make sure that resolutions of this House through any Motion are respected. This is a serious issue that Sen. Hamida has brought here and we canvassed it in this House.

As Members of the County Public Investments and Special Funds Committee (CPIC), last weekend, we visited a hospital in Kwale, which I do not want to mention here. There were instances where a mother could have lost a child, but they are put in the same room with other mothers who have their children. That is so traumatizing even for us who sometimes witness such kind of things.

We resolved in this House that there should be money for mental health services for mothers in maternity facilities in different counties. Those resolutions of the Senate were to be implemented six months after we passed them. What happens when they are not implemented and how do we follow up on that?

Last year, the Senate Majority Leader brought a Motion in this House about the Gen Z movement of 25th June. Some of the things we see the population being agitated about in this country are issues we canvassed in this House and came up with resolutions to be followed up by relevant authorities. However, up to date, they have not been followed through.

So, in my opinion, it is less the Committee on Health to follow up on it, but more of us as a House. Are we taken seriously if our resolutions are passed, sent to relevant authorities and they are not taken seriously? This is an issue that we must take seriously, as a House, and find a solution to it. If we pass resolutions in the Senate and they are never taken seriously or implemented, then we are not a serious House in the eyes of those authorities. We must show that we are a serious House.

Lastly, Mr. Speaker, Sir, I would like to comment on the Statement by Sen. Okiya Omtatah. This is an important Statement because the sugarcane industry has become a poverty industry for most of our communities. I also come from a sugarcane growing region---

Sen. (Dr.) Boni, please proceed.

Mr. Speaker, Sir, the issue raised by the Senator for Busia County is going to affect the lives and livelihoods of eight million Kenyans who depend on the sugar sector directly.

On the issue raised about public participation, I would like the Government to know that the only public participation that took place over Nzoia Sugar Company was consulting the Governor of Bungoma County and the Speaker of the National Assembly. Consulting those two leaders does not amount to public participation over Nzoia Sugar Company. I refuse. I speak today for 1.8 million people of Bungoma County who depend on Nzoia Sugar Company.

Mr. Speaker, Sir, these two leaders have accepted the factory to be leased to a guy called Rai, who took over Webuye Pan Paper Company. The company has been run down and the timber industry has collapsed. The same Rai who upon seeing the success in Mumias due to his brother Sarri has gone there to try and take a section of that factory because he has the capacity to bribe people in Government. We refuse again and again.

The decision of leasing Nzoia Sugar Company should be rethought. Our people must participate. Our people have elected us and we have the capacity to understand issues.

Mr. Speaker, Sir, finally, the issue raised by the Senate Standing Committee on Labour and Social Welfare on stadia. I celebrate Ababu Namwamba. He is the father of the Talanta City Stadium, whose completion is making progress. Please, the new Cabinet Secretary for Sports should make sure that the blueprint of Ababu that included development of Bukhungu Stadium in Kakamega County must be seen through because it is an open secret that if you want football to succeed, you only go to three corners in this country - Coast, Nyanza, and the Abaluhya Football Club, the home of soccer.

Thank you.

Sen. Mumma, please proceed.

Thank you, Mr. Speaker, Sir, for the opportunity to comment on the statements. I will begin with the statement by Sen. Hamida.

Monday was the World Midwives’ Day and yesterday was the World Mental Health Day for Mothers. I would like to commend her for raising these issues over and over again. Mental health for mothers who have delivered is a crucial issue because most of the mothers include adolescent mothers who are vulnerable, and do not have resources to seek help on mental health on their own.

I would like to request that the resolutions made in this House should not be taken as empty talk. It is something that we receive comments and petitions on from those who are affected. We have seen it when we go to the field and would like the Government to take this issue seriously, especially now that the Social Health Authority (SHA) formulation is in infancy and is coming up when we must provide the care for these mothers.

Mr. Speaker, Sir, I would also like to make comments on the Statement by Sen. Omtatah. I come from the sugar belt. In my opinion, the small-scale farmer in western Kenya, that is, Nyanza, the western part of Rift Valley and western Kenya, are tired of the ping-pong around the laws and the policies relating to sugarcane milling and farming.

Mr. Speaker, Sir, I wish the small-scale farmers would be listening to me. I wish for the day when we can elect a day when we will burn all the sugarcane, burn it to the ground, so that we can get back to the drawing board to discuss how the sugar industry in Kenya can be structured in a manner that is going to be useful to the farmers. The manner in which it is currently structured is destructive, and not useful to small-scale farmers.

I support the Statement by Governor Prof. Anyang’-Nyong'o, that, we need to go back to the drawing board to ensure that we are able to follow the correct procedures to ensure that the most vulnerable, especially the small-scale farmer, is catered for when we are designing these programmes, including the poisoning that is happening by the sugar-- -

Sen. Gloria, please proceed.

Mr. Speaker, Sir, I would like to comment on this issue of privatization of parastatals and state agencies. You can look at this issue on both sides, when people say that Government property belongs to Government and should stay at Government. However, if it is not helping the people then there is no point. Just here across Parliament we have the Kenyatta International Convention Centre (KICC) .

If the KICC is supposed to operate at its best profitable days, we are supposed to be having conferences in and out. However, we have to be honest with ourselves, the culture that we have in these parastatals and state agencies is that, because it is a Government facility we do not need to push sales and do this and that. So, just having a state agency belonging to Government and saying that we are proud because it is Government, it stays with Government, yet it does not really benefit the people, what are we doing?

All these issues of privatization have only been brought about because these state agencies are not performing the way they are supposed to. So, the conversation that we should have, is not whether this belongs to the people, or someone gave land to the Government. It is okay for them be compensated, so that we can make sure that the state agencies are there to benefit the people of that community.

Mr. Speaker, Sir, it pains me that every time we debate, we want to localize the issue. While politics is local, economics is about profits. So, if a state agency or an institution is not bringing any profits to the people of that community, then we must have the hard conversation; that we need to do something. If that means that we need to privatize it, let us talk about the parameters of how we are going to privatize the agency. While it is okay for us to come here, fight and say “do not do this, do not sell this,” let us have an honest conversation on how those state agencies are going to be profitable and benefiting the people of that community.

Thank you.

Next Order.

NOTING THAT, over the years, various interventions have been made, including the issuance of bursaries through the National Government Constituencies Development Fund (NG-CDF), National Government Affirmative Action Fund (NGAAF), the Ministry of Education and county governments through various county bursary funds;

CONCERNED THAT, despite these efforts, school fees remain unaffordable for many parents and the allocation of bursaries has been plagued by nepotism, favouritism and political manipulation, lack of transparency and accountability;

FURTHER CONCERNED THAT public learning institutions are primarily funded by the Government through the Ministry of Education, and in the Financial Year 2024/2025, approximately Kshs656 billion was allocated to the education sector, making it difficult to ascertain the specific funds granted to each student and that the lack of transparency in the disbursement of bursaries from various agencies makes it difficult to determine the total amount allocated in a financial year, thus hindering efforts to ensure equitable access to education for financially disadvantaged students;

NOW THEREFORE, the Senate urges the Ministry of Education to-

Hon. Senators, take your seats. I need to propose the question.

Hon. Senators, this Motion had been moved and seconded. Now I need to propose the question. There is a difference between proposing and putting the question. So, I will propose the question.

The Floor is open for debate. Senator for Nandi County, you may proceed.

Thank you, Mr. Speaker, Sir. I want to thank Sen. Karungo Thang’wa, the miracle Senator from Kiambu County, for this proposal. I am aware there is ongoing public participation by Members of the National Assembly on the importance

of entrenching the NGAAF and the Senate Oversight Fund. The bait that public participation is being used is that if NG-CDF or NGAAF is entrenched, then bursaries will be available.

I agree with the prayers that we need to consolidate these bursaries and make education free for all. Bursaries have been reduced to tokenism. If you support an MCA, governor, a Member of the National Assembly or a Woman Representative, you are given a bursary. Why is it that despite an amount of Kshs656 billion being allocated to education, we still have many children who cannot access education in this country? Those are the hard questions that we must ask ourselves.

That is why it is important that we consolidate all bursaries, direct all national Government administration officials to ensure a 100 per cent transition rate for children in primary and secondary schools; now that the Competency Based Curriculum (CBC) has been changed to Competency Based Education (CBE), so that everybody can access education in this country. This issue of bursary has been reduced and weaponized as a campaign political tool which Members of the National Assembly, NGAAF and governors are using.

Mr. Speaker, Sir, I do not know whether during your era and that of Sen. Ali Roba, whether it was possible to use bursary as one of the key development achievements. While I agree human development capital is very critical, it should not be the only yardstick that the members of the Council of Governors (CoG), the Members of the National Assembly and the NGAAF use. In my own opinion, I am surprised there is public participation to entrench it. This is making education costly. We must agree that the planners--- Every day, every function I go to in Nandi County, I must meet one or two parents or a number who want support for education in terms of payment of school fees. Where did we go wrong?

The silver bullet in all this is to consolidate the entire bursary fund, make education free and compulsory for all Kenyans, so that it becomes easy. That is why I saw some people saying the Senate needs oversight. Then we might end up being paid a representation fund, a legislation fund, and an oversight fund.

I want to challenge the Members of the National Assembly because I have seen a commentary by one of the legal minds. I was sitting with one of the senior legal minds today during the power lunch break. The questions that Kenyans are asking: Why would you want to oversight yourself? “Mganga hajigangi.” Allow the indulgence so that I can drive the point home. Even in my local language and sorry for mixing both languages, it is “Kinyozi hajinyoi.”; “A barber cannot shave his own head.”

So, I am challenging the Members of the National Assembly that if you want to manage funds, run for these two offices. You either run for President or run for governor. Why do you want to have your cake and eat it? As a Senate, there is no day we have said- -- We say we want the Senate Oversight Fund. In my own opinion, that fund should be given to the counties or the President, and then we do our work as oversight. For the first time, I am in support of Baba Raila Amolo Odinga because the work of Members of the National Assembly and the Senate is to legislate, oversight, represent and budget making.

Mr. Speaker, Sir, I do not know, but you need to check whether Sen. Eddy has both shoes on because the last time there were people without shoes in Migori County.

Let us be honest. If you want to manage funds, if you want to do development, then run for offices that have such funds. Why trouble Kenyans with the constitutional amendment? This is not the right time to amend the Constitution as a country.

We must agree that hardship allowance to civil servants and teachers is very critical. For example, in Nandi, I have like four or five wards, including Terik, Chepteruai, Kapchorwa, Soba Songo and large parts of Tinderet. Due to the terrain and challenges that are unique to those regions, they should at least be given what we call hardship allowances.

There are other areas such as Kilifi where the poverty index is very high. Also in Kerio Valley where insecurity is rampant. I know Professor Kamari is well-versed with. All these places, they need a motivating factor called hardship allowance. I do not think there was lack of wisdom with the formulators of the Public Service Commission (PSC) that we should have hardship allowances.

In conclusion, Madam Temporary Speaker, so that I can give colleagues opportunity to canvass and deliberate on this matter, my clarion call to the Government, lawmakers, including nyumba kumi elders and all of us is that we consolidate bursaries. I am happy the Mukasa and the Kokwet elders, and the village elders will now be given a token of appreciation, courtesy of President William Ruto's Government.

I was telling some people over the weekend when we were burying former senior assistant Birgen chief in Egwen in Mugunya, that if you had married a village elder and you did not have hope, there is hope now because that village elder will have salary. So if you had left your husband because he was a village elder, you should be motivated to go back. My village is in Kapkeben, somewhere in Mosoriat. My local assistant chief is called Joshua Chirchir. We should now ask the elders and Assistant Chiefs why children are not going to school yet, education is free and compulsory.

We should then ensure money is provided to the school. I am happy this is the conversation we are having in this country. Let us not use politicians to give tokens in terms of bursary. We will create a big divide. Education will be expensive, unaffordable and inaccessible yet, under Articles 53 and 55 of the Constitution of Kenya, it envisages good quality education, affordable, accessible and valuable. We want to see more doctors, lawyers and other professionals such as Dr. Bony Khalwale.

Sen. Thang’wa, the mover of the Motion, should direct that there should be a special audit on the bursary that is being given. My governor is notorious. He has changed Nandi from being source of champions to source of corruption, where they write cheques that bounce and some to places that do not exist. They exist up there.

Madam Temporary Speaker, let us do a special audit and be told how many people use this money. I think the mover of the Motion you should amend---

You should stop listening to Sen. Orwoba. I know she is still excited about what happened in Kisii. You should ask hon. Moses Wetangula. The people you see in rallies and voters are two different things.

The Temporary Speaker (Sen. Veronica Maina): Sen. Chimera, what is your point of order?

Madam Temporary Speaker, I rise under Standing Order No.105. You know I also come from the great county of Nandi.

Is Sen. Cherarkey, in order to allege that the Governor of Nandi has been issuing bouncing cheques to students from that county, without any reasons to substantiate in this House?

Sen. Chimera, what is your point of order?

The Temporary Speaker (Sen. Veronica Maina): Sen. Cherarkey, that is a serious allegation. You need to substantiate. If you are not able to do that you withdraw and apologize.

The Temporary Speaker (

Madam Temporary Speaker, I appreciate that is a very serious point. In our culture, it is unheard of where somebody you have given your daughter to marry questions you. That is beside the point.

Sen. Cherarkey, you are out of order. There was no marriage introduced in the point of order.

I am willing to be given time to substantiate next week. I advise him that if he continues questioning people who gave him their daughter, we might under customary law, which the Constitution of Kenya recognizes, fine him a number of cows.

The Temporary Speaker

: I have barred you. Sen. Cherarkey: Sen. Cheruiyot, should be whispering such a traditional obligation.

Are you listening to the chair? You are barred from discussing his marital status because it was not part of the point of order. We are not quite sure whether Sen. Chimera is married from the Nandi County. So, refrain from referring to that marital status.

It was just on a lighter touch. The Temporary Speaker

: You will substantiate by Tuesday, next week.

Sen. Cherarkey: Yes, Madam Temporary Speaker.

What is your point of order, Sen. Orwoba:

Madam Temporary Speaker, I stand under Standing Order No.101 (4) , Contents of Speech which reads-

“No senator shall impute improper motive to any other senator or to the member of the National Assembly.”

I have heard Sen. Cherarkey mention me in what did not look like a good motive. He was talking about that I was just excited because I do not know I went to which rally. I would like him to clarify what he meant and if at all that was relevant to this debate.

The Temporary Speaker

: Sen. Cherarkey, do you want to substantiate that bit?

Madam Temporary Speaker, in the words of Jean-Marie Seroney and Martin Shikuku how, can I substantiate the obvious? It is a statement of fact. He spoke in Kisii. You and I are in the same WhatsApp group. I send you the video, Madam Temporary Speaker in order for you to see that she was in that meeting.

I have barred you.

Sen. Cheruiyot, should be whispering such a traditional obligation.

Are you listening to the chair? You are barred from discussing his marital status because it was not part of the point of order. We are not quite sure whether Sen. Chimera is married from the Nandi County. So, refrain from referring to that marital status.

It was just on a lighter touch. The Temporary Speaker (

zinafungwa mapema ama watoto hawapewi chakula ilhali mwalimu mkuu hawezi rudisha watoto nyumbani kwa sababu ya karo. Audit nchini Kenya haifanywi vile inafaa. Hiyo inafaa iangaliwe. Kaunti zingine zina shida kwa sababu ya jua kali na ukosefu wa maji. Mfano mzuri ni Mbeere North na Mbeere South katika Kaunti ya Embu. Hizi ni sehemu kavu.

Walimu huwa hawana maji ya kuoga, stima na hata hakuna hospitali. Hao walimu husafiri kama kilomita 30 ilhali inasemekana ya kwamba hawatapata hardship allowance. Ninaomba ya kwamba hiyo ikome ndiposa hardship allowance iendele katika kaunti kama Embu. Wakitoa hiyo allowance, itakua vigumu mwalimu awezekusaidia mtoto asome kutoka nursery, primary mpaka aende secondary school. Walimu ambao wako Embu ya juu hawapati ile pesa na wanaumia. Uzuri ni kwamba hao wako na maji na barabara ya lami sio kama walimu ambao wanafundisha Mbeere North na Mbeere South. Hii shida haipatikani Embu County peke yake. Ninaomba hiyo mambo ya hela iangaliwe.

Naomba watu ambao wanaleta Hoja katika Parliament wahakikishe ya kwamba imefanyiwa upelelezi ndiposa isilete mgawanyiko nchini Kenya. Sisi sote tunajua ya kwamba nchi yetu ambayo inaongozwa na Mhe. Rais Ruto inapenda amani na tunataka muungano ndiposa kaunti zote 47 ziendele mbele.

Mambo ya pesa lazima irejeshwe kwa wananchi ili wasema katika public participation vile wanataka wapewe pesa. Tunaweza sema pesa ipelekwe kwa ministry kisha hiyo ministry ikose kufanya kazi. Naunga mkono free education. Ni lazima masomo shule zote iwe free nchini.

Huwa tunasema ya kwamba kaunti zipewe pesa na National Treasury inakataa kupeana pesa. Walimu wanateseka wanapo retire kwa sababu wanapata ya kwamba hakuna pesa. Lazima mambo ya elimu iangaliwe kikamilifu kabla tuipitishe Hoja hii.

Kwa hivyo, mimi siungi mkono Hoja hii.

You will substantiate by Tuesday, next week.

Bi. Spika wa Muda, ninaunga mkono Hoja hii kabisa.

What is your point of order,

Madam Temporary Speaker, thank you for the opportunity to address this august House on this very important Motion. The question of bursaries in Kenya is a serious one. It requires sober attention because it is founded on the constitutional provision that basic education is a right. The state is a duty bearer and must ensure that people go to school.

The state has allocated funds and it is not a small amount. However, the problem is that the money is too fragmented. Bursaries are highly fragmented. Some are distributed through the Ministry, others through various cadres of politicians and some even through the Jomo Kenyatta Foundation (JKF) .

The basic concept of a bursary is that it is given to needy students, it is not the same as a scholarship. The distinction between a bursary and a scholarship must be made clear. I have seen allocations where people claim to be financing bright children. A scholarship is awarded based on academic excellence, as a grant. A bursary, on the other hand, is given based on economic need.

Madam Temporary Speaker, I stand under Standing Order No.101 (4) , Contents of Speech which reads- “No senator shall impute improper motive to any other senator or to the member of the National Assembly.” I have heard

There has been a misconception in our counties, where you will often find that Members of Parliament (MPs) sometimes award bursaries based on academic performance, assuming that a high-performing student automatically qualifies. No, a bursary is granted based on the principle that education is a right, and some individuals are unable to access it.

As the duty bearer, the state must step in to ensure this right is realized for all. However, due to the fragmentation of bursary distribution and its personalization through politicians handing them out, major problems arise. First and foremost, bursaries tend to be allocated in an opaque manner, making it unclear how much money has been allocated. There is no system of accounting or auditing for it.

Number two, the amounts given are very small and cannot bring about any meaningful change. Since politicians are focused on numbers, they may even set up a tent and invite millions of people to receive a pittance in exchange for support. This is of course, followed by the big media event. I, therefore, fully support the Motion by stating that any funds aimed at supporting needy children should be consolidated and placed in the hands of the Ministry of Education. These funds should be administered based on need and objectively realized.

Furthermore, I would like to comment on two funds; the NG-CDF and the NGAAF. These funds have largely been used as a means of distributing bursary funds to needy cases and the grassroots. However, these funds are fraud schemes designed by the National Assembly Members to steal from the public.

I say they are fraud schemes because they are unconstitutional. If you look at our Constitution, Article 206 clearly states that-

“There is established the Consolidated Fund into which shall be paid all money raised or received by or on behalf of the national government, except moneythat—

Sen. Cherarkey, do you want to substantiate that bit?

Madam Temporary Speaker, in the words of Jean-Marie Seroney and Martin Shikuku how, can I substantiate the obvious? It is a statement of fact. He spoke in Kisii. You and I are in the same WhatsApp group. I send you the video, Madam Temporary Speaker in order for you to see that she was in that meeting.

Proceed, Sen. Boni Khalwale.

Thank you, Madam Temporary Speaker, for giving me this opportunity.

Asante kwa kunipa hii fursa niweze kuchangia Hoja hii ya bursary. Kuna mambo mengi ambayo yanahusika na bursary. Ukienda kwa nyumba za waheshimiwa kule mashinani, utapata watu wakiwa huko wakingoja kupewa bursaries. Hali hiyo pia hukua katika nyumba ya Members of County Assemblies (MCAs) na governors.

Hoja hii ni nzuri lakini tukitaka kuondoa bursaries, lazima tuanze na ofisi za juu kisha tutoe bursaries kwa maofisi za governors na Members of Parliament. Baadaye, hiyo pesa iwekwe pamoja na kupewa Ministry of Education ndiposa elimu iwe bure kuanzia shule ya chekechea hadi university. Hata pesa inayotumika kupeleka wanafunzi kusoma nje ya nchi pia ipewe Ministry of Education ndiposa elimu iwe bure nchini. Hii itawezesha kila mtoto, hata yule maskini, kusoma bila kusumbuliwa.

Sisi kama maseneta tunasumbuliwa sana na mambo ya bursary ilhali hatupati hizo pesa. Wananchi hutupigia simu kuitisha karo ya shule. Hiyo pesa ya bursary ikiwekwa kwenye kikapu kimoja na masomo iwe bure, shule zitaendelea na watoto wote watasoma. Hatutakuwa tukifanyia watoto harambee kwa sababu hawajapewa bursary.

Naomba yule mtoa Hoja hii aone vile ataongeza kile ambacho nimesema juu yake Hoja hii. Hiyo ikifanyika, watoto wote watasoma.

Asante sana, Bi. Spika wa muda. Ninaunga mkono Mswada ambao uko mbele yetu. Kuna mambo mengi katika Hoja hii ambayo yanafa kuangaliwa.

Tumekuwa tukipitisha pesa ziende kwa national Government na kaunti zetu lakini mipango huwa haifuatiliwi vizuri. Hoja hii inahusu mambo ya elimu lakini lazima iangaliwe kwa njia inayofaa. Kenya ni nchi ya demokrasia na mambo mengi lazima yarudishwe kwa wananchi ili waweze kuamua kile ambacho wanataka.

Tumepitisha sheria nyingi ambazo zinaleta shida kwa wananchi, county governments, National Treasury na kona zote za hii nchi. Hili jambo lazima liangaliwe na njia inayofaa ndiposa tuhakikishe ya kwamba elimu itakuwa free kutoka kule chini hadi university. Ikiwa hivyo, mimi nitaiunga Hoja hii mkono. Lakini lazima tufanye public participation kabla tuamue kwa sababu wananchi lazima waseme vile wanavyotaka kuongozwa.

Tumeona pesa ikienda kwa NG-CDF na Wabunge wanazitumia kupeana bursary. Kaunti, national Government na MCAs pia wanapeana bursaries ilhali pesa hiyo haitoshi. Inawezekana pia hiyo pesa haifanyi kazi vile inafaa. Tunaweza kuwa tunalaumu viongozi bila kuangalia pahali ambapo pesa inapotea. Inaweza kuwa ya kwamba National Treasury iko na shida. Tukitaka Hoja hii isaidie Mkenya, lazima tufanye audit inavyofaa. Hii pesa ikienda kwa Ministry of Education, mtoto yeyote asiitishwe pesa.

Tumeona Ministry of Education wakipewa pesa ilhali kumekuwa na malalamishi. Kumekuwa na vita vingi katika primary na secondary schools. Shule zingine huwa

Yes, especially given that he is a young lawyer. If he were an old lawyer, I would have had reservations. Young lawyers in this country are fantastic because they are corruption-free. That is why like listening to them.

Let him take the Floor.

Thank you very much, Madam Temporary Speaker, and thank you, Sen. Boni, for accepting that I inform you.

You have made reference to Article 43 of the Constitution and said that it provides for the right to education. I am sure you meant Article 53 of the Constitution. So that the record is right, make specific reference to Article 53 and not 43 because that must have been an error.

Madam Temporary Speaker, I so guided. This is a very serious matter. I am forever indebted to this distinguished Senator for Kiambu. You have drawn the attention of the country. Bursaries and their administration are expensive, wasteful and a conduit for mega corruption. By the time the money leaves the National Treasury to go to the NG-CDF, the fund that the Women Members of Parliament (MPs) control, or to the Department of Education where the Office of the President controls some of it, there is an administration cost. Over and above that, because Kenyans are starting to become inherently corrupt, the people involved exercise their own little piece of corruption.

Madam Temporary Speaker, I, therefore propose that this administrative cost that occasions wastage in hundreds of millions, the corruption that occasions loss of million of shillings meant for bursary, be eliminated by simply leaving all this money at the Ministry of Education for the Ministry to offer free education.

Madam Temporary Speaker, we can start with an experiment of adding to what President Kibaki had already proven. That you can make education in primary schools

Madam Temporary Speaker, thank you for the opportunity to address this august House on this very important Motion. The question of bursaries in Kenya is a serious one. It requires sober attention because it is founded on the constitutional provision that basic education is a right. The state is a duty bearer and must ensure that people go to school.

The state has allocated funds and it is not a small amount. However, the problem is that the money is too fragmented. Bursaries are highly fragmented. Some are distributed through the Ministry, others through various cadres of politicians and some even through the Jomo Kenyatta Foundation (JKF) .

The basic concept of a bursary is that it is given to needy students, it is not the same as a scholarship. The distinction between a bursary and a scholarship must be made clear. I have seen allocations where people claim to be financing bright children. A scholarship is awarded based on academic excellence, as a grant. A bursary, on the other hand, is given based on economic need.

There has been a misconception in our counties, where you will often find that Members of Parliament (MPs) sometimes award bursaries based on academic performance, assuming that a high-performing student automatically qualifies. No, a bursary is granted based on the principle that education is a right, and some individuals are unable to access it.

As the duty bearer, the state must step in to ensure this right is realized for all. However, due to the fragmentation of bursary distribution and its personalization through politicians handing them out, major problems arise. First and foremost, bursaries tend to be allocated in an opaque manner, making it unclear how much money has been allocated. There is no system of accounting or auditing for it.

Number two, the amounts given are very small and cannot bring about any meaningful change. Since politicians are focused on numbers, they may even set up a tent and invite millions of people to receive a pittance in exchange for support. This is of course, followed by the big media event. I, therefore, fully support the Motion by stating that any funds aimed at supporting needy children should be consolidated and placed in the hands of the Ministry of Education. These funds should be administered based on need and objectively realized.

Furthermore, I would like to comment on two funds; the NG-CDF and the NGAAF. These funds have largely been used as a means of distributing bursary funds to needy cases and the grassroots. However, these funds are fraud schemes designed by the National Assembly Members to steal from the public.

I say they are fraud schemes because they are unconstitutional. If you look at our Constitution, Article 206 clearly states that-

“There is established the Consolidated Fund into which shall be paid all money raised or received by or on behalf of the national government, except moneythat—

Sen. Okiya Omtatah, your time is up.

Sen. Karen Nyamu, when you want to inform, you know the button to press for intervention.

You can proceed and inform.

Thank you, Madam Temporary Speaker. I would like to inform the Senator for Kakamega County, Sen. Boni Khalwale that, indeed both articles make reference to free education being a right to every child.

Which Article is that?

Both Articles 43 and 53.

Thank you, Madam Temporary Speaker. I have never understood the profession of law, although my daughter and son are lawyers. Can you see the young lawyer, Sen. Nyamu, is unable to agree with the young lawyer, Sigei? Sigei is telling me it is Article 53, but I said it is Article 43. However, he is telling me it is Article

Let him take the Floor.

Thank you very much, Madam Temporary Speaker, and thank you, Sen. Boni, for accepting that I inform you.

You have made reference to Article 43 of the Constitution and said that it provides for the right to education. I am sure you meant Article 53 of the Constitution. So that the record is right, make specific reference to Article 53 and not 43 because that must have been an error.

Madam Temporary Speaker, I so guided. This is a very serious matter. I am forever indebted to this distinguished Senator for Kiambu. You have drawn the attention of the country. Bursaries and their administration are expensive, wasteful and a conduit for mega corruption. By the time the money leaves the National Treasury to go to the NG-CDF, the fund that the Women Members of Parliament (MPs) control, or to the Department of Education where the Office of the President controls some of it, there is an administration cost. Over and above that, because Kenyans are starting to become inherently corrupt, the people involved exercise their own little piece of corruption.

Madam Temporary Speaker, I, therefore propose that this administrative cost that occasions wastage in hundreds of millions, the corruption that occasions loss of million of shillings meant for bursary, be eliminated by simply leaving all this money at the Ministry of Education for the Ministry to offer free education.

Madam Temporary Speaker, we can start with an experiment of adding to what President Kibaki had already proven. That you can make education in primary schools

free. Then we add on by making it also free in secondary schools. If it stabilises, the next Government after that of President William Ruto, be it after 2027 or 2032, will be able to roll out free tertiary education.

Madam Temporary Speaker, we as the representatives of our parents and defenders of our counties, would like to insist that Kenyan parents are ready to feed their children and buy them uniform. However, the other appendages of education must be borne by the Government. By the way, let the people at the National Treasury know that the money that they give out is not their money. It is public money that normally ends in the consolidated fund after realisation from tax collection.

Madam Temporary Speaker, it saddens me that despite the governor, MP, Member of County Assembly (MCA), Women Representative and the Office of the President having money for bursary, every Friday when I go to Malinya, the first thing I meet is little children coming to my home because they know when they come home, I share the little I have to afford them Kshs1,000, Kshs2,000 from my salary, so that they can enjoy education the way my children enjoy education.

I thank God that he has given me an opportunity to sit in this job and equally thank the Government for paying me a salary that allows me to respond to these children. However, when I do so, I know I am wasting time because the population of Kakamega County is 2.5 million people. So, when I reach out to a handful of children, I am wasting time. I should use my time better by insisting on this floor that education in the Republic of Kenya must be made free.

How can we allow ourselves to underperform relative to a small country like Burkina Faso? The young President in Burkina Faso, Ibrahim Traoré, is rolling out free education in his country. Traoré is supposed to be learning from Kenya and not the other way around. We owe it to our people. We are their leaders. We draw our allowances and salaries from their taxes and, therefore, we should not be deterred. Our objective is that, every Kenyan child must access education. Let the country know that the counties with the highest levels of literacy, for instance, Kiambu, Kakamega, Nakuru, Machakos, Nairobi City, Murang’a, Kirinyaga, Nyeri counties, are the counties with the lowest rates of poverty. So, educating children is a proven method of fighting poverty.

Madam Temporary Speaker, I celebrate this Motion because the late Gaylord Avedi once told me--- Gaylord Avedi is a former Permanent Secretary and Principal of Kakamega High School, where I went to school. He told us that education will equalize you. He used to tell us that it is the social equalizer. He used to tell me this and I can tell you for sure that it was great music because in a school of 800 children, I was the only one who was walking in school without shoes. However, he would tell me that I will be equal to my colleagues. Indeed, I have become equal to them. I do not want any child to fail to realize their potential because of being denied education.

Madam Temporary Speaker, I would like to end this conversation by sending an appeal to my governor. That the advisor on youth affairs, Mr. Emmanuel Makokha, and the County Executive Committee Member (CECM) in charge of Education, Mr. Mophat Mandela, move around social functions in their area of birth in a section of Kakamega County and read out the amount of bursary rolled out to schools in those areas.

Thank you, Madam Temporary Speaker, for the opportunity to support this wonderful Motion. I want to congratulate Sen. Karungo Thang’wa for giving us this piece of Motion.

As I thank him, we realize that we have not unpacked the Constitution of Kenya. The Constitution is the masterpiece of the law in this country and we need to unpack it slowly by slowly. Today, Sen. Thang’wa has dealt with Article 53 (1) (b) . We still have other things such as, rights of the children, that have not been touched. When we talk of the right to basic nutrition, shelter and healthcare, how do we monitor and measure it?

I am saying this because all these are related and are tied. If we can free parents from paying school fees in primary schools, that is when parents can give their children good nutrition. Right now, we are attacking the limited resources that the parents have to pay school fees. While we are doing that, we should be aware that as a country, we have obligations that are internationally binding in nature and we should ensure that we comply with them.

I just want to read one that came from UNESCO, where I used to attend. In 1999, I attended as a representative of Moi University, when discussions on free education were being done. Kenya is a signatory to these international conventions. The right to primary education at that time was free of charge. It was established by an international instrument, notably the UNESCO Convention Against Discrimination in Education, Articles 13 and 14. With that establishment, Kenya signed. It was discussed in 1999 and it was signed in the year 2000. Then what happened in Kenya? In the year 2003, Kenya became one of the five countries in sub-Saharan Africa to attempt to give free education. So, in 2003, free and compulsory primary education was introduced. The Senator for Kakamega County has stated how it started. Kenya was celebrated alongside Malawi, Uganda and Tanzania in 2004, because they had made a huge step forward, and as I said, unless we implement that, the other rights of the children will be watered down. On (c) ,

Thank you, Madam Temporary Speaker. Article 53 (1) of the Constitution of Kenya guarantees free and compulsory education to every child born in this country. We cannot make education compulsory and free, then on the other hand peddle bursary forms in a cartel-like style.

By virtue of my connections in this Nairobi, I am able to call all the 17 Members of Parliament from all the sub-counties in Nairobi and get allocated bursary funds, so that I can share them among my supporters. This has been happening over time. The only condition they give is that the ID reads that they vote in that constituency. As a country,

Sen. Karen Nyamu, when you want to inform, you know the button to press for intervention.

You can proceed and inform.

Thank you, Madam Temporary Speaker. I would like to inform the Senator for Kakamega County, Sen. Boni Khalwale that, indeed both articles make reference to free education being a right to every child.

Which Article is that?

resources for purposes of benefiting from it other than it benefitting the people. If they do that, we can actually have free secondary education and free university education.

Why am I saying this, Madam Temporary Speaker? I was in this House when Sen. Thang’wa started this conversation. He did some math on the different bursaries that we have in this country I hope he will not forget that math when he stands to respond. He started from the MPs who are spending a number of billions of shillings to give out bursaries. Despite the fact that secondary school, primary school as well as university education are not devolved as per our Constitution, we have seen governors giving bursaries. They should not be spending the budget meant for devolved functions into national functions.

We have seen governors spending not less than Kshs400 million a year on bursaries. This happens even in smaller counties like Lamu that Senators are always fighting for in order for them to get monies. Some counties have now gone ahead to spend to a tune of a billion in this monster called bursary. I understand the sense of access to education and how this could help, but if you take a wave and dissect how this bursary is manifesting in our communities, you will realize that there is a lot of wastage and leakages of those monies structurally. The wastage between Members of National Assembly and governors when delivering bursary means that what ends up reaching the schools cannot keep the children at school.

The current capitation that is needed for secondary education is about Kshs65 to Kshs70 billion. That Kshs70 billion assumes that it is a day school which it is financed at about Kshs22,000 per student every year. If you do the math with about four million students, you will realize that the amount of money that is just between the governors and Members of the National Assembly is more than the capitation needed for secondary school education.

When Sen. Thang’wa was presenting this idea of consolidation of bursaries brought to the enlightenment of this House bursary funds that are being managed in the Office of the Deputy President and the Office of the President. These bursaries then end up being a tokenism system. The sense of it then stops being access to education but glorification of the political class administering that bursary.

I say that because you can go to the defective nature of these bursary allocations in different factors. If you track those leakages, you will see the leakages that I am talking about that can save us money to make the entire education problem in this country free. The education system in this country can be free from kindergarten to the university level.

I will start with the first one, the inadequate funding of students. Picture this, you are invited to go to Agoro Sare Secondary School or Makueni Girls, as a young person in this country. You are then told that the school fees is Kshs60,000 and your Member of Parliament gives you Kshs5,000 as a bursary, which you have to apply through a committee that has been put together. After that, your parents have to queue for that Kshs5,000. There are times when they have to follow the Member of Parliament to give them that Kshs5,000 yet that student needs Kshs60,000 to go to school.

How is this adequate funding for this student to acquire education? It defeats logic. It defeats logic when a student who is to raise Kshs60,000 or Kshs100,000 is given

Thank you, Madam Temporary Speaker. I have never understood the profession of law, although my daughter and son are lawyers. Can you see the young lawyer, Sen. Nyamu, is unable to agree with the young lawyer, Sigei? Sigei is telling me it is Article 53, but I said it is Article 43. However, he is telling me it is Article

Sen. Eddy, you know the procedures in this House. When your time is up, the light turns red immediately and the microphone goes off.

Thank you, Madam Temporary Speaker. The untimely disbursement of funds does not guarantee that schools and children receive the money when they need it. Schools that rely on these funds must address critical needs such as food and supplies. When funds are delayed, it not only inconveniences our children, but also disrupts the operations of schools.

Another key issue is that consolidated education funding makes it easier to align incentives with student performance. A Government can easily articulate its expectations for the students. We have seen this approach work successfully in countries like Morocco

and Botswana, where education funding has been consolidated, allowing governments to set clear expectations for students.

Thank you, Sen. (Dr.) Khalwale. The debate on who is right between Sen. Wakili Sigei and Sen. Karen Nyamu will be continued, but maybe at the lounge. There is a possibility that both of them could as well be right.

Sen. (Prof.) Margaret Jepkoech Kamar, you may proceed.

Thank you, Madam Temporary Speaker, for the opportunity to support this wonderful Motion. I want to congratulate Sen. Karungo Thang’wa for giving us this piece of Motion.

As I thank him, we realize that we have not unpacked the Constitution of Kenya. The Constitution is the masterpiece of the law in this country and we need to unpack it slowly by slowly. Today, Sen. Thang’wa has dealt with Article 53 (1) (b) . We still have other things such as, rights of the children, that have not been touched. When we talk of the right to basic nutrition, shelter and healthcare, how do we monitor and measure it?

I am saying this because all these are related and are tied. If we can free parents from paying school fees in primary schools, that is when parents can give their children good nutrition. Right now, we are attacking the limited resources that the parents have to pay school fees. While we are doing that, we should be aware that as a country, we have obligations that are internationally binding in nature and we should ensure that we comply with them.

I just want to read one that came from UNESCO, where I used to attend. In 1999, I attended as a representative of Moi University, when discussions on free education were being done. Kenya is a signatory to these international conventions. The right to primary education at that time was free of charge. It was established by an international instrument, notably the UNESCO Convention Against Discrimination in Education, Articles 13 and 14. With that establishment, Kenya signed. It was discussed in 1999 and it was signed in the year 2000. Then what happened in Kenya? In the year 2003, Kenya became one of the five countries in sub-Saharan Africa to attempt to give free education. So, in 2003, free and compulsory primary education was introduced. The Senator for Kakamega County has stated how it started. Kenya was celebrated alongside Malawi, Uganda and Tanzania in 2004, because they had made a huge step forward, and as I said, unless we implement that, the other rights of the children will be watered down. On (c) ,

Thank you, Madam Temporary Speaker. Article 53 (1) of the Constitution of Kenya guarantees free and compulsory education to every child born in this country. We cannot make education compulsory and free, then on the other hand peddle bursary forms in a cartel-like style.

By virtue of my connections in this Nairobi, I am able to call all the 17 Members of Parliament from all the sub-counties in Nairobi and get allocated bursary funds, so that I can share them among my supporters. This has been happening over time. The only condition they give is that the ID reads that they vote in that constituency. As a country,

we cannot say that education is a great equalizer yet. What we have done is made bursaries the great un-equalizer. This is because the most vulnerable of society, who do not have connections, who are in the direst need, end up missing out on bursaries. If you do not have any political connections, if you do not have a phone number of any politician or members of his team, then you can forget accessing bursaries in this country.

I also happen to run and be a patron of Karen Nyamu Foundation and often channel funds to sponsor secondary education through our Foundation. As much as I do the identification, quite openly, and on my Facebook page, I usually look for the neediest child with the highest marks in Kenya Certificate of Primary Education (KCPE). After we are able to sponsor, say, 50 students who performed well in their KCPE in all their four years of secondary school education, after you are done with this exercise, instead of feeling satisfied, and like you have done something, the students who missed out on this opportunity linger in your mind, and you wonder what will happen to them. Will somebody come through for them? We have cases in this Nairobi of students who end up deferring their secondary education. They go up to Form Two and are unable to fund their education due to poverty. They drop out and when they get some assistance, they go back again after a year.

Madam Temporary Speaker, this is not something that we should be condoning as a society. This Motion is one of the reasons we exist as a House. The Motion is very progressive. It is going to ensure that we create a level playing field in the country, and to give every child a chance at education. While we are at it, as a House, we need to come up with radical changes in our system of education.

It is one thing to fund education and another to churn out students who are not ready for the job market. Our schools are churning out students who are being prepared to be job seekers. We need to inculcate an entrepreneurial culture right from the basic education, so that by the time they get to the Technical Industrial Vocation Education and Training (TVET) even the attitude has changed.

Right now, it is even embarrassing to go to TVETs because they are considered institutions for those who unable to get the mainstream or traditional courses. I congratulate Sen. Karungo wa Thang’wa for being such a young progressive leader, always with his mind at the right place.

I support.

Thank you, Madam Temporary Speaker, for this opportunity to contribute to this Motion. This is the most straightforward Motion that I have seen in this House. It shows that despite the challenges that the sponsor of this Motion has had in terms of political wellness, he still has some cadence to deal with the setbacks of politics and focus on legislation that can move the country forward. This is a forward-thinking Motion that the Senator of Kiambu County has pushed in this House. It actually repurposes him from the challenges of politics that have been wavy for him in the last few months. This is welcome and I appreciate it.

What Sen. Thang’wa is proposing is not just an idea that could enable us have free secondary education, but it is an idea that, if well executed, can ensure that the country gets free primary education, free secondary education and free university education. This can happen if our leaders are bold enough to stop the greed of managing

resources for purposes of benefiting from it other than it benefitting the people. If they do that, we can actually have free secondary education and free university education.

Why am I saying this, Madam Temporary Speaker? I was in this House when Sen. Thang’wa started this conversation. He did some math on the different bursaries that we have in this country I hope he will not forget that math when he stands to respond. He started from the MPs who are spending a number of billions of shillings to give out bursaries. Despite the fact that secondary school, primary school as well as university education are not devolved as per our Constitution, we have seen governors giving bursaries. They should not be spending the budget meant for devolved functions into national functions.

We have seen governors spending not less than Kshs400 million a year on bursaries. This happens even in smaller counties like Lamu that Senators are always fighting for in order for them to get monies. Some counties have now gone ahead to spend to a tune of a billion in this monster called bursary. I understand the sense of access to education and how this could help, but if you take a wave and dissect how this bursary is manifesting in our communities, you will realize that there is a lot of wastage and leakages of those monies structurally. The wastage between Members of National Assembly and governors when delivering bursary means that what ends up reaching the schools cannot keep the children at school.

The current capitation that is needed for secondary education is about Kshs65 to Kshs70 billion. That Kshs70 billion assumes that it is a day school which it is financed at about Kshs22,000 per student every year. If you do the math with about four million students, you will realize that the amount of money that is just between the governors and Members of the National Assembly is more than the capitation needed for secondary school education.

When Sen. Thang’wa was presenting this idea of consolidation of bursaries brought to the enlightenment of this House bursary funds that are being managed in the Office of the Deputy President and the Office of the President. These bursaries then end up being a tokenism system. The sense of it then stops being access to education but glorification of the political class administering that bursary.

I say that because you can go to the defective nature of these bursary allocations in different factors. If you track those leakages, you will see the leakages that I am talking about that can save us money to make the entire education problem in this country free. The education system in this country can be free from kindergarten to the university level.

I will start with the first one, the inadequate funding of students. Picture this, you are invited to go to Agoro Sare Secondary School or Makueni Girls, as a young person in this country. You are then told that the school fees is Kshs60,000 and your Member of Parliament gives you Kshs5,000 as a bursary, which you have to apply through a committee that has been put together. After that, your parents have to queue for that Kshs5,000. There are times when they have to follow the Member of Parliament to give them that Kshs5,000 yet that student needs Kshs60,000 to go to school.

How is this adequate funding for this student to acquire education? It defeats logic. It defeats logic when a student who is to raise Kshs60,000 or Kshs100,000 is given

Madam Temporary Speaker, before I give my submissions, I want to start by asking myself; what does the word “bursary” mean? They will give you an explanation there but bursary is a monetary award. If you check further the exact meaning of “award”, it is a token of recognition or a prize.

Here we are as a Government. We have the Constitution and laws that tell us that under the Constitution, the right to education is guaranteed. This is guaranteed under the Basic Education Act, which states that every child has a right to free and compulsory basic education. Here we are as legislators giving awards, prizes or tokens.

Sen. Eddy, you know the procedures in this House. When your time is up, the light turns red immediately and the microphone goes off.

Thank you, Madam Temporary Speaker. The untimely disbursement of funds does not guarantee that schools and children receive the money when they need it. Schools that rely on these funds must address critical needs such as food and supplies. When funds are delayed, it not only inconveniences our children, but also disrupts the operations of schools.

Another key issue is that consolidated education funding makes it easier to align incentives with student performance. A Government can easily articulate its expectations for the students. We have seen this approach work successfully in countries like Morocco

and Botswana, where education funding has been consolidated, allowing governments to set clear expectations for students.

Sen. Chimera, proceed.

Thank you, Madam Temporary Speaker, for this opportunity to contribute to this amazing and wonderful Motion by the good Senator from Kiambu County, Sen. Karungo Thang’wa, also known as Wamunyoro Express.

Two weeks ago, I joined the MP for Msambweni in a beautiful ceremony when he was issuing cheques worth about Kshs14 million to students drawn from Msambweni Constituency. I have done the same with the area MP for Lungalunga Constituency. I have done the same with the area MP for Matuga and also the Woman Representative, hon. Fatuma Masito, under NGAAF. I have done the same with the MP for Kinango Constituency.

We are not fighting our colleagues who are running bursary programmes, but let us be truthful and honest in the way we do our politics. Let us sanitise our politics. You should not go round saying that Senator so-and-so is on record calling for absolute abolition of bursaries.

Let me remind people about what we have committed as bursaries especially by county governments. I come from Kwale and we have a robust bursary initiative run by the County Government. It used to be Kshs400 million, but now it has increased to Kshs500 million per year. That is money set aside for our students. Every ward in Kwale has about Kshs25 million for bursary under the Elimu Initiative. It is a beautiful initiative because at least, I can confidently say here that the people of Kwale have improved on literacy levels. For far too long, we have been marginalised.

About 20 years back, getting someone to join university was a celebration in my village. Even as late as 2009 when I joined the University of Nairobi (UoN), that is Parklands School of Law, my entire Mtumwa, Shimba Hills, Majimboni and Tawia villages celebrated.

When I got to campus in Nairobi, I met friends the likes of Karanja Kamotho, Michael Ng’ang’a Njoroge, Sammy Gathogo, and Daniel Ngugi and to them it was just normal. I mean coming from Kikuyu land and joining university was a normal thing to them. However, for me, it was a true hallmark of an achievement because very few people from the Coast would have a chance to join university to pursue a degree in law, engineering, and all that. That speaks to the issue of marginalisation. Even as we seek to consolidate bursaries into one unitary scheme, we must be alive to the fact that we might still end up marginalising certain regions.

When you look at the funding around it, if you look at each of the 290 constituencies setting aside say Kshs60 million, that gives you around Kshs17.4 or Kshs18 billion thereabouts. If you assume that every county has set aside Kshs0.5 billion for its bursary programmes, that is about Kshs25 billion.

If you look at the capitation nationally, it is roughly Kshs8 billion every year that would afford and make sure that every student, devoid of political connections, colour, religion, whether they know someone, and devoid of being asked to kneel down before an MP or a governor, is able to access education. They can go to school for free without having to queue outside an MP’s office or without having to beg a governor.

I call upon these leaders because sometimes I see colleague leaders going round saying that so-and-so did not vote for them, therefore they cannot talk about issuing bursaries to them and that they will issue bursaries to areas where they are popular or they got more votes. It is wrong to play with the lives and the future of our young people because of politics. We need to sanitise our politics.

Sen. Thang’wa, I thank you because this conversation starts from here. Today, we are having a Motion. Hopefully, this Motion will beget a legal framework in form of a Bill. Hopefully that Bill will become law and an Act of Parliament. That Act of Parliament will ultimately need to be implemented. The implementation is speaking towards making sure that we have free universal education for our students. I thank Sen. Thang’wa for seeing us through that journey.

Right now as we debate, some of us might be misquoted. They will say that I am back at it again and that I am pushing for scrapping of bursaries. That is not true because I understand we receive funds from the Exchequer as sharable revenue. It is the people of Kwale, Bomet, Nandi and other areas, through public participation, that have set aside these funds to be used on bursary programmes.

There is an interesting petition. Since I am a lawyer, I do not wish to go into details of that matter. That is Petition No.E012 of 2024. The petitioner is Laban Omusundi. Madam Temporary Speaker, you know him because we have interacted with him many times in the Committee on Justice, Legal Affairs and Human Rights. That is a petition against the State Law Office, the Controller of Budget (CoB) and many others. It is shocking that our governors have not seen the need to join in this petition. Even as they are saying that Senators are fighting them on bursaries, I am shocked that they were not interested in participating in that particular petition in Nakuru, so that they ventilate and put their arguments towards justifying why we need that scholarship programme as it is for now.

I also want to thank the National Assembly, through a committee led by Hon. Junet Mohamed. They formed an ad hoc committee of 17 Members to try and see whether they can streamline and consolidate education funding into one centralize unitary scheme known as the National Basic Education Fund, so that we work towards attaining steps of making sure that every Kenyan has a right to education as provided in Articles43, 53 and 55.

Madam Temporary Speaker, with those many remarks, since I know this is a topical Motion and all of my colleagues would wish to air their views on, let it go on record that I am not opposed to bursaries as they are, but I am happy to participate in a conversation that will in future guarantee free education to our children not only in Kwale but Kenya in general.

I thank you, Madam Temporary Speaker. Sen. Thang’wa, many congratulations on this Motion.

make sure that all those children in primary school, particularly in those counties where they still need affirmative action, are catered for?

Today, Madam Speaker, if you go to Narok South, you will be shocked. There are places where children are still learning in mud-thatched houses. We need to first of all, remove those classrooms, create a good environment and build those schools and employ more teachers. After that, we send the learners there, allocate more money to the Ministry of Education or to county governments and ensure if it is Early Childhood Development Education (ECDE) or primary school, it is 100 percent free.

This issue of bursaries continues to create or widen the gap between the rich and the poor; those who have versus those who do not; those who are well-connected versus those just ordinary Kenyans who it is only them and their God.

Madam Temporary Speaker, I completely oppose this Motion. I hope that Sen. Thang’wa can be able to advance his third request, whereby he engages the Commission on Revenue Allocation (CRA) and other research institutes to see how much it costs to educate one child. That is a discussion I am willing to engage in. If, for example, it costs Kshs20,000, how do we ensure that if we have four million children that need to be educated, we allocate enough money for them to be educated in each and every financial year? I believe that is a conversation that will help this country.

I oppose.

Hon. Senators, I wish to use my powers under Standing Order No.34 (2A) to extend today's sitting by 15 more minutes to enable us to finalize this business.

Even just by the definition of it, someone will tell you that it is illegal because a bursary is an award or prize. A prize is something that you are given after you have done something so that you are celebrated. For example, when you win, you are given an award. It can also be a token for recognition. For example, I can be told that I did something or spoke well and, therefore, they give me a token for recognition. What is this token of recognition that we are giving our children when under the Basic Education Act, it is provided that every child has the right to free and compulsory basic education?

Madam Temporary Speaker, it is on this basis that I want to discuss this Motion, which I support. Sen. Thang’wa, congratulations for being courageous enough to bring an unpopular Motion because when those legislators who are holding these ‘awards’ hear us discussing it, they get very upset because you are essentially taking away their campaign resources. I do not want to call it bursary because it is an award. That is the truth of the matter. You are taking away their campaign resources and what they use to go and convince the people at the grassroots that they are working so hard as their leaders, and hence they are giving them awards to go to school. yet under the Constitution, it is your right to go to school, to have that free compulsory education. Why would a leader then come and say, “I am recognizing you and I am giving you this token yet, we have it clearly stipulated in our Constitution?”

Madam Temporary Speaker, it is on this basis that I support this Motion because, first, how did we get to a point where we are giving awards? How did we get here? Who generated this thing called bursary, where did it start from? How did we get, from a point where we had our children even getting free milk in school, to a point where now we are giving awards, we have bursary? We are saying that we are helping you so that you can be able to go and sit in a classroom and get basic education, which is your right. That is what we should be discussing. Where did the rain start beating us?

Madam Temporary Speaker, as much as I celebrate and support devolution, and as much as I am actually in this House courtesy of devolution because this is the Upper House that is there to protect devolution, I would like to also say there are some funny things that came with this devolution. One of them is bursaries and the culture of bursaries because you have bursaries under the Women Representatives, Members of Parliament, Governors--- Everyone who has some level of devolved authority has somehow managed to convince the Exchequer or the people that we need bursaries, so that we can go and give children awards and tokens instead of ensuring that they have their rights to the access of free compulsory education.

Madam Temporary Speaker, I also would like to highlight the fact that, obviously, based on the budgets that we have seen, as a country, we need to be honest to each other. We are unable to facilitate complete free education from nursery school all the way to university. It is time, as a country, we ask ourselves, if we are overly ambitious that we want to facilitate free education from nursery to primary to high school to university. It might not work. Perhaps, that is overly ambitious. However, is it possible then to have a conversation to say, can we at least have completely free primary education? When I talk about free, it is not where you are told it is free, however, you have to pay Kshs20 for ABCD, or however, the Board of Management together with the Parents Teachers

Association have decided to come together, therefore you have to pay motivation to have the teachers to come in class for two or three extra hours.

Madam Temporary Speaker, let us have an honest conversation that should generate from this Upper House, where we really want to push for equity, but we are also alive to the fact that as it stands, perhaps, we cannot finance the full education all the way to university, but then let us talk about consolidating all these funds and ensuring that at the bare minimum, primary school education is completely free.

Madam Temporary Speaker, someone might be saying why primary school, why not primary school and high school? We are moving to a place where it is no longer about the certificates that you churn out. It is no longer about the theory. It is actually about the skills that you have.

Madam Temporary Speaker, in developed countries, particularly in Europe, where I have had the experience of living, once you have that basic skills set, that basic education of primary school and you have an idea of what you want to be in future, or at least you have some level of drive that puts you to a certain industry, if they see this person is a musician, there is no point of me taking you through a whole other education system just to say that you finished your high school and now you have this certificate and then you go back to harness your creative skills.

Madam Temporary Speaker, in developed countries, they give you the basic education and then it is encouraged for you to pick up a skill that can translate to some form of monetary work. That is why I am saying, my argument would be, once we consolidate these bursaries, if we are unable to give a platform where we can have completely free education, both in primary and high school, we should have an honest conversation with ourselves and say, let us focus on the primary, and ensure that in primary school, all the basic education levels are met, all the children are taken care of equally. It does not matter from which region or which county, whether it is a provincial school or a ward school. Let us just make sure that it is completely free for all primary schools.

Madam Temporary Speaker, I do not want to belabour the point where my colleagues have talked about how this bursary, which is essentially a token, an award, has been politicized. It is obvious, the moment you have a resource given to a leader who is in politics, the one thing they will do, which they know how to do best, because they are there to represent their people, is to represent their people. That is why you hear in some constituencies, someone will tell you that the Member of Parliament will only give bursaries to the clan where they belong. That is literally the least expectation from the people.

So, my thinking is, first of all, the whole idea of bursary is illegal. As I have said, the definition of bursary is that it is a monetary award. Why are you awarding children when our Constitution says that they have a right to free and compulsory education? If we are being honest with each other, just by its definition, we have to all agree that, in fact, we have been engaging in illegalities. We have been breaking the law because, in one way or another, we are stifling and making sure that these children and homes are unable to meet the financial expectation to get to the institutions of learning so that we can come and award them and say that we are the saviors.

Order, Sen. Methu. Speak within what we agreed.

It is okay, Madam Temporary Speaker. I will condense my thoughts and will be very quick. First, I am extremely proud to be associated with Sen. Thang’wa and we are from the same political formation. Moving this Motion is an extremely bold move. I stand here to support this Motion.

One of the things that gives equality between the haves and the have-nots is education. The Constitution of the Republic of Kenya that was passed in 2010 is clear and explicit. Article 43 (1) (f) , Article 53 (1) (b) and Article (55) (a) all speak to the question

Thank you Madam Temporary Speaker. I would like to seek your indulgence with my vocals today.

Let me begin by saying that I oppose this Motion. I oppose it because it takes us back into the 20th Century, where we defined the rich and the poor based on their ability to afford education. In the 21st Century, we need to be thinking about how to make education absolutely free for our children. I long for the days when the former President, now late, President Mwai Kibaki, abolished all tuition fees and all school fees in schools, thus increasing enrolment in schools and helping this country advance to a middle- income economy.

Madam Temporary Speaker, bursaries are defined as a way of sort of like increasing the gap between the rich and the poor because we, politicians, will only be able to reward our friends and our cronies. I have looked keenly at the recommendations and what the Senator for Kiambu County is seeking us to do is to add the Ministry of Education to carry out the following functions.

One, is to audit the funds allocated to bursaries by both the national Government and county governments. First of all, I think that is completely misguided. The Auditor- General is the only one who has the capacity to audit how much money is allocated to bursaries in county governments and the the national Government because the Auditor- General is the only one with the mandate to audit county government funds. We are having a big problem with the Controller of Budget (CoB) seeking to be given permission to be able to see how money flows in the counties; to be able to have an eye on the accounts of the county governments.

If the CoB is not being given that ability to be able to scrutinize and see, who tells you that the Ministry of Education, which is a monster and national Government entity, will be given the permission by the county governments to audit that? I think that is completely misguided.

The second one, which is to consolidate the funds distributed by various Government entities and agencies, with the aim of directing these funds directly to

Sen. Veronica, I request that you follow the same trend, so that Sen. Mandago also gets a chance to speak.

passing the budget, will pass a budget that does not have NG-CDF? You know, there are things that we should waste our time discussing, and there are things that we should just give up and say, it is time for us to now click the reboot button and look at our policy direction when it comes to education. Are we able to change? My argument is very simple. We are not going to be able to consolidate these bursaries. A Motion in this House will not be able to be implemented because you will be fighting left, right, and centre.

The only way for us to be able to get a solution to narrowing the gap between the rich and the poor, between those who have and those who do not have, when it comes to the issue of education, is for us to go back to the Constitution and change the system of education that we have in this country. How we fund education in this country, is very crucial.

There was a time when, in the then Committee of Public Accounts (CPAC) where we were questioning county governments. Why are they building secondary schools? Why are they building primary schools yet it is a mandate of the national Government? A governor will come and tell you, then, if the national Government does not want to build, what am I going to do? The national Government did not want to build back then because it was who you knew who was in the Government.

So, the only way that we can guarantee free primary education and ensure that every child in this country gets access to education, whether you know Sen. Olekina or the distinguished Senator from Murang’a County, is when we decide to scrap all these bursaries. Let us do away with the bursaries. Let us make it free education. That is the argument that I want to have.

I do not subscribe to the school of thought that thinks that if we consolidate these bursaries, we will be able to make sure that a child in Mosiro or Kirinyaga gets education. That child in Kirinyaga will only be able to pay for their school fees or go to primary school and afford to have that Kshs 20,000 if that child knows Sen. Olekina or the Senator from Murang’a County.

Madam Temporary Speaker, I completely oppose this Motion. It is time for us to be realistic and to see what can help this country. The only thing that can help this country is if we make sure that all the policies take us to a point where there is free and compulsory education. Yesterday, we were with the President in Narok. The President said that it is the responsibility of every chief and assistant chief to make sure that a child who is of the age of going to school is taken to school. If that child is not taken to school, the chief or assistant chief will be the one to answer why that child is not in school. I want us to go a notch higher. How do we ensure that that child who is not in school, because the parents cannot afford to take that child to school, that child is allowed to go to school?

Today, we are talking about the Social Health Authority (SHA). We have created a system in SHA whereby we will be able to access. If you can pay to get medical, you have to pay. If you have very little money, you pay Kshs200; if you have a little bit more money, you pay Kshs500. Some of us here pay maybe Kshs1,700 or something like that because we can be able to afford it. Can we come up with something similar to that to

make sure that all those children in primary school, particularly in those counties where they still need affirmative action, are catered for?

Today, Madam Speaker, if you go to Narok South, you will be shocked. There are places where children are still learning in mud-thatched houses. We need to first of all, remove those classrooms, create a good environment and build those schools and employ more teachers. After that, we send the learners there, allocate more money to the Ministry of Education or to county governments and ensure if it is Early Childhood Development Education (ECDE) or primary school, it is 100 percent free.

This issue of bursaries continues to create or widen the gap between the rich and the poor; those who have versus those who do not; those who are well-connected versus those just ordinary Kenyans who it is only them and their God.

Madam Temporary Speaker, I completely oppose this Motion. I hope that Sen. Thang’wa can be able to advance his third request, whereby he engages the Commission on Revenue Allocation (CRA) and other research institutes to see how much it costs to educate one child. That is a discussion I am willing to engage in. If, for example, it costs Kshs20,000, how do we ensure that if we have four million children that need to be educated, we allocate enough money for them to be educated in each and every financial year? I believe that is a conversation that will help this country.

I oppose.

Madam Temporary Speaker, looking at legislation around the best interest of a child weighed against politics of the day, as a House, let us accept to have the best interest of a child. We should put the funds in a pool and send them to the schools. Let every child in Kenya wake up every morning and go to school without worrying whether their fees has been paid or not. They should not worry whether they come from Turkana, Murang’a, Mombasa or Mandera. Let them walk to the schools with infrastructure that gives them an equalization measure across the whole country.

Proceed, Sen. Mandago.

On my part, I join a number of my other colleagues in supporting this Motion. It is one of those issues that this House, through the Committee on Education and even the Audit Committee, has picked a number of issues with regards to the utilization and the award of Bursary Fund, by those who are currently administering it.

The Bursary Fund, which is a lot of money, is currently being administered by several agents. These include the county governments, Members of Parliament of the 210 constituencies, women Members of the county, that is the National Government Affirmative Action Fund (NGAAF) and at the national level by the Ministry of Education.

I congratulate my brother, Sen. Thang’wa, for this Motion because it gives us an opportunity to speak to the challenges of the bursaries. It shows us that despite the intention of the bursary fund, it has never achieved its aim because of what we have talked about. The bursary fund has been politicized to the extent that if you are not a friend to the person administering that particular bursary at the county level, then you might never get it. If you are not related in any way to a Member of County Assembly or a supporter of an MP, governor, or MCA, then you risk not getting the bursary even if you deserve to be a beneficiary of that fund. That politicization is what this Motion speaks to. It states that consolidation of bursary funds will ensure that the rightful children benefit from this fund. They will not have to sing to the tune of a certain political class to get the bursary.

I will conclude my remarks because of time, but I need to say that this a very good Motion. We need to support it because it is only the best way to ensure that the rightful people benefit from the bursary. It will also help avoid politicization of the funds. A few weeks ago, the Governor for Bomet County, Governor Barchok, paraded school- going children in a very misguided way. This was due to appreciation or non-appreciation of the fact that the Senate does not oppose issuance of bursaries and support of children who are in need of Government support.

It is unfortunate that there is inability to appreciate a clear way of administering this Fund. Those who have benefited from these funds must be known. They should get us the list of the people and institutions that have benefited even if they are Tertiary and Vocational Education Training centres.

work. This could not have come at a better time, other than the time when Competency Based Curriculum (CBC) is being rolled out.

The CBC as a model of education is also the best thing that happened to this country. We have spent time and many years as a country learning a lot of theory and that is why you find there is very little innovations coming out. There is very little research that can impact industry that has been coming out because of the curriculum that was being implemented. Therefore, this ties in very well with CBC. If we make it equitable and accessible, it will develop this country.

I thank you.

The Mover may reply.

Thank you, Madam Temporary Speaker, for the opportunity to reply to this Motion.

From the onset, I would like to take this opportunity to thank every Senator who contributed to this Motion. To be precise, this Motion has been spoken to by 17 senators, including myself. Out of the 17 senators, only one has opposed it.

Madam Temporary Speaker, this Motion is calling for free secondary education. That is what was in the mouth of every Senator who supported this Motion, saying that we should have free education. I call upon President William Ruto, that the majority who have spoken have said that this country is ripe for free secondary education. Just like President Mwai Kibaki, who gave us free and compulsory primary education, President Ruto can now make it his legacy and give us free, compulsory secondary education.

Madam Temporary Speaker, it does not make sense to make primary education compulsory and free, then after you educate them, you tell them, pay for your children. If you made it compulsory in primary school, also make it compulsory and free in secondary school.

Madam Temporary Speaker, we have come to learn that from the funds that I have calculated here, not once or twice, the country has funds. I therefore, would like to answer Sen. Ledama, who opposed the Motion. I think he opposed the Motion because of semantics. Perhaps he got it wrong somewhere. He opposed it but supported within the context. So, I think it was the issue of audit.

When you talk about the Ministry to audit, we are not talking about the auditing that is done by the Auditor-General. We are talking about review, look into and research. It is worth noting that every Ministry has internal auditors. I think they need to do that to tell us where we are at, as a country.

In addition, Madam Temporary Speaker, if you read the resolution number two of this Motion, it says “consolidate”. I have to be clear here, because this is one of the issues that has confused the Senator. Here, ‘consolidate’ means integrate, harmonize, streamline, not necessarily putting it in one basket. I would even oppose that myself.

I am not calling for bursaries to be put in one basket, then we start dishing out the way we are dishing it out. That is centralization. It is taking it away from the village and bringing it to Nairobi. I cannot support that. The money that you have for bursaries is integrated into the schools, so that education can be free. I want to demonstrate by saying that yesterday, I made the calculations.

I said a Member of Parliament is disbursing an average of Kshs50 million per constituency. With 290 constituencies, that is about Kshs14.5 billion. Women Representatives are giving between Kshs10 million to Kshs15 million per county. That is about Kshs705 million. Governors are giving up to Kshs500 million per county. If you multiply that by 47 countries, that is about Kshs23 billion. If you count what the Ministry of Education is giving as scholarships and bursaries, if you count what the President is giving as bursary, if you count what the corporations like “the Wings to Fly,” are giving, I am telling you the money that is out there is more than Kshs50 billion. That is from the Government without calculating bursaries from the private sector.

If we put all these Kshs50 billion, divide that amount by five million students who are in secondary school today, every student will get additional Kshs10,000. Today, they get Kshs22,000, so that will be Kshs32,000. I mean, it is more than the required amount for education here in Kenya.

So, the answer lies here, by making education free, by putting all these bursaries, all the capitations and declaring secondary education free of charge. I have done my own research from the Members who have supported me and from the members of the public. Even as we speak today, I have just received a letter on WhatsApp. I am not going to read all of it. It is a letter from the members of Mount Elgon Development Network. They have written a very nice letter that we should look at as the Senate.

One of the recommendations they have made is to separate funds for the bursary channelled to schools and allow free and compulsory education. This is from Mount Elgon. I do not even know who they are. I could read one or two names; Janet Chemtai and Linet Chepkemoi, and it is written and signed by Cannon (Rtd) Cherotwei Simotwo. So, this tells you the time is now, and the time is right for us to give this country free secondary education.

When I talk about calculating the cost of education, and it was also raised here, we want to know how much it costs or how much one student or one child requires from Form One all the way to Form Four. Once we know how much, we just multiply by the number of students. The moment we multiply, the country will know the amount of money they are going to budget for education. Once they do, we will make education free. The last time the Cabinet Secretary was here, he said they have not calculated. That is why we are now telling them, calculate and report to the House, so that both the National Assembly and this House will be able to harmonize and make sure that secondary education is free.

It has been said here that those who get bursary know waheshimiwa. Sen. Mandago has brought another aspect. Even waheshimiwa themselves are sometimes threatened. They are told, “if you do not give me bursary, I will never vote for you”. So, we are helping everybody in this aspect. We are helping the Member of Parliament not to be threatened and we are helping the voter to get free education. I want to give an example. There are two Mama Mboga who pay for education. One mama mboga will spend the whole day at the MP's office, the governor's office or the MCA’s office, while the other Mama Mboga who is tired of standing at the MP's office or the governor's office, goes for a kibarua or goes to just do some handy work somewhere to get some money.

Sen. Veronica, I request that you follow the same trend, so that Sen. Mandago also gets a chance to speak.

Thank you, Madam Temporary Speaker, for this opportunity to debate this very important Motion that has been brought to the Senate by our colleague, Sen. Karungo Thang’wa. You may have noticed that all the Senators who

have debated this Motion are very passionate about the decision that may be arrived at at the end.

I am confident that many of the Senators who have spoken on this issue have received their education through public institutions. The majority of them, like myself, come from the village, with the exception of perhaps a few, such as Karungo-Thangwa. I am not sure whether he comes from the village or from the suburban areas of Kiambu Town.

Many of us are here today courtesy of the education we received, which was provided by the Ministry of Education through public institutions. I am a proud product of public institutions, from nursery, primary and secondary school, to the university. That means, during my years of growing up, if I had not had a government that was responsive to children's right to education, I may not have been here today. That is why I speak on this issue with deep compassion for the young children and learners I meet every day in Murang’a County or in many other counties across Kenya

I examine the funds that have been disbursed to various offices, including the Office of the Member of the National Assembly, the Office of the Governor and the Office of the Presidency, all of which have distributed bursaries into different pockets. When we call on the Controller of Budget to account for how much has been disbursed to the Ministry, we are unable to obtain a clear figure. The funds are scattered here, there and everywhere.

We must now find a way to consolidate these funds, so that we can work with a policy that moves us towards free education. This sentiment has already been echoed by Senators who have spoken before me. However, I feel it is important to weigh in on this idea.

It is important that every child in Kenya should wake up and not have to return home in search of school fees. I personally had to go back home to look for school fees, except for the first term in secondary school and the last term. I know how painful it is to lose an entire week as a bright student simply because you are unable to stay in school and complete your work.

I stood up to say that it makes a lot of operational sense to pool that money and send it directly to the schools, so that we cut on the time that parents have to go to make applications, queuing in thousands outside an office, only to be given Kshs2,000 or Kshs3,000 out of what they need in a school fees invoice that could be asking for Kshs40,000 of Kshs50,000. If there is something the Government can do that will become a signature of the current regime, it should be offering genuine free education at both primary and secondary school levels.

Sen. Thang’wa, this is a good Motion because the initiative is good. I know reason will prevail because it is not about politics of the day. We are looking at how to operationalise a Fund in an effective way, so that the best interests of a child are served as per Article 53 of the Constitution and the Children Act which details the rights of every child. One of the rights of every child carried from Articles 43 and 53 of the Constitution are social and economic rights, which by extension could mean education is part of that because it enables a child to have economic and social rights.

Madam Temporary Speaker, looking at legislation around the best interest of a child weighed against politics of the day, as a House, let us accept to have the best interest of a child. We should put the funds in a pool and send them to the schools. Let every child in Kenya wake up every morning and go to school without worrying whether their fees has been paid or not. They should not worry whether they come from Turkana, Murang’a, Mombasa or Mandera. Let them walk to the schools with infrastructure that gives them an equalization measure across the whole country.

Proceed, Sen. Mandago.

Thank you very much, Madam Temporary Speaker, for this opportunity to speak on this Motion. Let me start by saying that I am in support of this Motion proposing to consolidate all the bursaries and make sure that we have free, compulsory and accessible primary and secondary education.

This Motion gives us an opportunity as a nation to de-weaponize the use of bursaries for political gain. Political gain is both ways; the electorate and elected leaders. Equally, elected leaders are always under pressure from the electorate who threaten them that if they are not allocated bursary, they will not see the door of Parliament or county assembly or they will not be the governor after the next elections. Therefore, this Motion serves not only the citizens of this country well but also the elected leaders. The responsibility of making sure that all the children of Kenya access education is left with the Executive and Ministry whose sole mandate as per the law and the Constitution is to ensure that all the children of this country access education as their right.

We, as a Senate, are not against bursaries. First, we thank policymakers who appeared before us and thought of the good idea of bursary. Bursary has served its purpose for the time it has been in place. We do acknowledge that it has made it possible for some children to advance their education, which they would not have without bursary. However, we want to make the situation better by making sure that there will be no application. There will also be no need to see the chief. One will not need to know their MP, governor, MCA or anybody. A child in Kenya at the right age will just go to school and advance their education.

Madam Temporary Speaker, I want to dissuade colleagues who are using political platforms to try and discredit a process that is going to equalize the children of Kenya. Giving this responsibility to the Ministry of Education is actually creating order and making sure that standards are followed in all our schools to make sure that the quality of education improves.

Therefore, I fully support this Motion and would like to thank the Senator for Kiambu County, whom I confirm is a villager, who went to a public school, that indeed, this Motion is going to solve the problems that we have had in this country.

Madam Temporary Speaker, the Government of Kenya and this country will never lack sufficient resources to be deployed for education. Consolidating the amounts we spend in bursaries in the various dockets, whether in the county governments, Member of Parliament, the Women Representatives, Members of County Assembly, plus the budget that has been going to the Ministry of Education, properly managed and streamlined, is sufficient without looking for additional resources to make education

work. This could not have come at a better time, other than the time when Competency Based Curriculum (CBC) is being rolled out.

The CBC as a model of education is also the best thing that happened to this country. We have spent time and many years as a country learning a lot of theory and that is why you find there is very little innovations coming out. There is very little research that can impact industry that has been coming out because of the curriculum that was being implemented. Therefore, this ties in very well with CBC. If we make it equitable and accessible, it will develop this country.

I thank you.

The Mover may reply.

Thank you, Madam Temporary Speaker, for the opportunity to reply to this Motion.

From the onset, I would like to take this opportunity to thank every Senator who contributed to this Motion. To be precise, this Motion has been spoken to by 17 senators, including myself. Out of the 17 senators, only one has opposed it.

Madam Temporary Speaker, this Motion is calling for free secondary education. That is what was in the mouth of every Senator who supported this Motion, saying that we should have free education. I call upon President William Ruto, that the majority who have spoken have said that this country is ripe for free secondary education. Just like President Mwai Kibaki, who gave us free and compulsory primary education, President Ruto can now make it his legacy and give us free, compulsory secondary education.

Madam Temporary Speaker, it does not make sense to make primary education compulsory and free, then after you educate them, you tell them, pay for your children. If you made it compulsory in primary school, also make it compulsory and free in secondary school.

Madam Temporary Speaker, we have come to learn that from the funds that I have calculated here, not once or twice, the country has funds. I therefore, would like to answer Sen. Ledama, who opposed the Motion. I think he opposed the Motion because of semantics. Perhaps he got it wrong somewhere. He opposed it but supported within the context. So, I think it was the issue of audit.

When you talk about the Ministry to audit, we are not talking about the auditing that is done by the Auditor-General. We are talking about review, look into and research. It is worth noting that every Ministry has internal auditors. I think they need to do that to tell us where we are at, as a country.

In addition, Madam Temporary Speaker, if you read the resolution number two of this Motion, it says “consolidate”. I have to be clear here, because this is one of the issues that has confused the Senator. Here, ‘consolidate’ means integrate, harmonize, streamline, not necessarily putting it in one basket. I would even oppose that myself.

I am not calling for bursaries to be put in one basket, then we start dishing out the way we are dishing it out. That is centralization. It is taking it away from the village and bringing it to Nairobi. I cannot support that. The money that you have for bursaries is integrated into the schools, so that education can be free. I want to demonstrate by saying that yesterday, I made the calculations.

I said a Member of Parliament is disbursing an average of Kshs50 million per constituency. With 290 constituencies, that is about Kshs14.5 billion. Women Representatives are giving between Kshs10 million to Kshs15 million per county. That is about Kshs705 million. Governors are giving up to Kshs500 million per county. If you multiply that by 47 countries, that is about Kshs23 billion. If you count what the Ministry of Education is giving as scholarships and bursaries, if you count what the President is giving as bursary, if you count what the corporations like “the Wings to Fly,” are giving, I am telling you the money that is out there is more than Kshs50 billion. That is from the Government without calculating bursaries from the private sector.

If we put all these Kshs50 billion, divide that amount by five million students who are in secondary school today, every student will get additional Kshs10,000. Today, they get Kshs22,000, so that will be Kshs32,000. I mean, it is more than the required amount for education here in Kenya.

So, the answer lies here, by making education free, by putting all these bursaries, all the capitations and declaring secondary education free of charge. I have done my own research from the Members who have supported me and from the members of the public. Even as we speak today, I have just received a letter on WhatsApp. I am not going to read all of it. It is a letter from the members of Mount Elgon Development Network. They have written a very nice letter that we should look at as the Senate.

One of the recommendations they have made is to separate funds for the bursary channelled to schools and allow free and compulsory education. This is from Mount Elgon. I do not even know who they are. I could read one or two names; Janet Chemtai and Linet Chepkemoi, and it is written and signed by Cannon (Rtd) Cherotwei Simotwo. So, this tells you the time is now, and the time is right for us to give this country free secondary education.

When I talk about calculating the cost of education, and it was also raised here, we want to know how much it costs or how much one student or one child requires from Form One all the way to Form Four. Once we know how much, we just multiply by the number of students. The moment we multiply, the country will know the amount of money they are going to budget for education. Once they do, we will make education free. The last time the Cabinet Secretary was here, he said they have not calculated. That is why we are now telling them, calculate and report to the House, so that both the National Assembly and this House will be able to harmonize and make sure that secondary education is free.

It has been said here that those who get bursary know waheshimiwa. Sen. Mandago has brought another aspect. Even waheshimiwa themselves are sometimes threatened. They are told, “if you do not give me bursary, I will never vote for you”. So, we are helping everybody in this aspect. We are helping the Member of Parliament not to be threatened and we are helping the voter to get free education. I want to give an example. There are two Mama Mboga who pay for education. One mama mboga will spend the whole day at the MP's office, the governor's office or the MCA’s office, while the other Mama Mboga who is tired of standing at the MP's office or the governor's office, goes for a kibarua or goes to just do some handy work somewhere to get some money.

It does not mean that the mama mboga who is paying for that education or able to pay that education is better off than the other mama mboga who is spending all the time at the MP’s or the governor's office looking for money. That tells you that if we were to make education free, everyone would stop going to Members of Parliament and go to work. The Members of Parliament, MCAs, governors and everyone else would be voted not for the Kshs2,000 they gave as bursary, but how much they defended the rights to have basic education, which is the primary and secondary education.

Madam Temporary Speaker, it is also good to quote because Sen. Nyamu said something that was intriguing, that free education is the equalizer, but bursary is the divider. That is something we need to tell everyone who is concerned when it comes to funding education.

This should go on record. The Senate is not fighting bursary, but only saying that we put this money in school and make education free. We are not saying that counties should not give bursaries. We are telling counties that if we make education free, the monies they were paying for education will be used to make roads, better the healthcare and pay better salaries to their people.

As I conclude, I urge every Senator to support this Motion because this is what Kenya wants.

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

I reply.

Hon. Senators, it is now 6.42 p.m. Having concluded the business for which I extended the hours of sitting pursuant to Standing Order No.34 (2A) , the Senate stands adjourned until Tuesday, 13th May, 2025 at