Tuesday, 13th February, 2024

Clerk, do we have quorum?

You may proceed to call the First Order.

Senate.

Hon. Senators, during the Second Session, the Senate participated in two critical events that play an immense role in protecting and upholding the devolved governance structure in Kenya. These were the First Biannual Devolution Conference that took place from the 15th to the 19th August, 2023 in Eldoret, Uasin-Gishu County and the Senate Mashinani held from the 25th to 29th September 2023 in Lodwar, Turkana County. The lessons learnt from these two events continue to shape the discourse on how the Senate undertakes its mandate.

The Senate must undertake an introspection in relation to the lessons learnt and devise strategies, including legislative interventions, to address pertinent issues that arose from the two events. Therefore, I urge Standing Committees to critically interrogate the communique from the Devolution Conference and experiences from the Senate Mashinani in Turkana County and play a pro-active role in the opportunities available and finding solutions to the challenges observed.

Hon. Senators, as we begin the Third Session, it is important to reflect on the business transacted in the Second Session. Eleven Bills were considered and enacted into law. Out of these, five were Senate Bills and six were National Assembly Bills. By the end of the Second Session, 22 Petitions were concluded by the respective Standing Committees, 61 substantive Motions on diverse matters were adopted, 254 Statements pursuant to Standing Order No.53(1) were concluded by the respective committees while 52 questions were responded to by the relevant Cabinet Secretaries.

From the foregoing, my attention is drawn to the length of time in which Bills are considered in the Senate. There are currently 44 Bills pending conclusion in the Senate, out of which nine are National Assembly Bills and 35 are Senate Bills. On the other hand, there are eight Senate Bills pending conclusion in the National Assembly. This illustrates the work cut out for the Senate in this session. For this reason, we must change the strategy to ensure that legislative business is expedited in the Third Session. I call upon the Senate leadership to lead us in this respect.

With the same breath, I also urge Chairpersons of Committees to hasten consideration of pending business in their respective committees and table the reports thereon pursuant to the Standing Orders.

I wish to inform hon. Senators that as per the standing parliamentary practice, Motions that are not concluded by the end of the Second Session are deemed to have lapsed. In view of this, the Senators wishing to pursue the Motions will have to file them afresh. Similar to Motions, Questions that had not been responded to by the end of the Second Session also lapsed and Senators wishing to pursue them will be required to file the Questions afresh.

Hon. Senators, as has been the tradition at the commencement of every new Session, the Senate will this week receive the Budget Policy Statement (BPS), the draft Division of Revenue Bill, the draft Count Allocation of Revenue Bill and the draft County Government Additional Allocations Bill. As we consider these financial instruments, our cardinal duty must be to safeguard the interests of counties and their governments as enshrined in Article 96 of the Constitution.

Senate.

Hon. Senators, I wish to state that this is an important Session which will offer you an opportunity to demonstrate your commitment; fulfilling the responsibilities bestowed upon you by the Constitution. This will call for hon. Senators to prioritise attendance and active participation in the Chamber. I am confident the deliberations of this Session will be marked by a spirit of collaboration, mutual respect and a steadfast commitment to fulfilling our constitutional mandate.

In conclusion and in established parliamentary practice, pursuant to Standing Order No.190, the Senate Majority Leader will shortly give a Notice of Motion for approval of Senators to serve in the Senate Business Committee for the Third Session. This will be the only business on the Order Paper for the day after which dispensing with the Motion, the Senate will adjourn until tomorrow Wednesday 14th of February 2024, at

Mr. Speaker, Sir, I rise to give notice of the following Motion on the approval of the Senators to serve in the Senate Business Committee-

THAT pursuant to Standing Order Nos.190 and 199 (3) , the Senate approves the following Senators nominated to serve in the Senate Business Committee (SBC) for the Third Session, in addition to the Speaker of the Senate, who pursuant to Standing Order No.190 (1) (a) , shall be the Chairperson of the Committee, the Senate Majority Leader, the Senate Minority Leader, the Senate Majority Whip, the Senate Minority Whip-

The Senate Majority Leader, you may move your Motion.

Senate.

Mr. Speaker, Sir, I rise to move the following Motion on the approval of the Senators to serve in the Senate Business Committee-

THAT, pursuant to Standing Order No.190 and 199 (3) , the Senate approves the following Senators nominated to serve in the Senate Business Committee (SBC) for the Third Session in addition to the Speaker of the Senate, who pursuant to Standing Order No. 191 shall be the Chairperson of the Committee, the Senate Majority Leader, the Senate Minority Leader, the Senate Majority Whip, the Senate Minority Whip-

Senate.

The Senate Minority Leader (Sen. Madzayo): Asante, Bw. Spika. Kwanza, naungana na wewe kuwakaribisha ndugu zetu Maseneta kwa mwaka huu. Nawatakia kila la heri, fanaka na ukarimu kama tunavyo omba.

Jambo la kwanza, huu utakuwa muhula wetu wa tatu. Wale Maseneta ambao wamechaguliwa kukaa katika Kamati hii ambayo ndio Kamati ya kwanza kwa Kamati zote za Bunge, wengi wao ni wale walikuwa kwa kipindi cha pili. Hakuna yeyote aliyetolewa. Wote wako sawa.

Ningependa kusema ya kwamba hawa Maseneta wako na ujuzi sana. Kwa hivyo, mimi niko na imani tutalenga vile inavyotakikana kwenda kulingana na biashara yetu ya Seneti katika mikutano na kwa kuendesha Seneti vilivyo.

Ninayo imani wakati huu, tutakuwa na wakati mchangamfu sana katika Bunge letu la Seneti.

Kwa hayo machache, asante sana, Bw. Spika.

Hon. Senators, I now proceed to propose the question

Hon. Senators, you may now proceed to make your brief comments and contribution to this Motion starting with Sen. Okenyuri

Thank you, Mr. Speaker, Sir, for this opportunity. I also want to take this moment to welcome my colleagues after the long recess. I look forward to a very vibrant session. From the membership of the SBC, I know that we are going to do good work. In the past sessions, important matters were prioritised. I look forward to the same happening this time and more legislative work being processed in this House. That is what I wanted to say.

I am happy that I am healthy and back in full swing hoping to prosecute youth and women matters constructively, so that we can change the leadership in this country.

I thank you.

Asante, Bw. Spika. Kwanza, naungana na wewe kuwakaribisha ndugu zetu Maseneta kwa mwaka huu. Nawatakia kila la heri, fanaka na ukarimu kama tunavyo omba.Jambo la kwanza, huu utakuwa muhula wetu wa tatu. Wale Maseneta ambao wamechaguliwa kukaa katika Kamati hii ambayo ndio Kamati ya kwanza kwa Kamati zote za Bunge, wengi wao ni wale walikuwa kwa kipindi cha pili. Hakuna yeyote aliyetolewa. Wote wako sawa.Ningependa kusema ya kwamba hawa Maseneta wako na ujuzi sana. Kwa hivyo, mimi niko na imani tutalenga vile inavyotakikana kwenda kulingana na biashara yetu ya Seneti katika mikutano na kwa kuendesha Seneti vilivyo.Ninayo imani wakati huu, tutakuwa na wakati mchangamfu sana katika Bunge letu la Seneti.Kwa hayo machache, asante sana, Bw. Spika.

Hon. Senators, I now proceed to propose the question

Hon. Senators, you may now proceed to make your brief comments and contribution to this Motion starting with Sen. Okenyuri

Senate.

(Laughter)

Order! Order, Hon. Senators.

Senate.

(Laughter)

Order! Order, Hon. Senators.

Mr. Speaker, Sir, I am also shocked because I saw my sister laughing a lot. I did not know why she laughed.

Oh, things are happening! Oh, you were saying Happy New Year on the impeachment!

Mr. Speaker, Sir, to finish, I want to say that with my colleagues here, we need to look and begin to interrogate the issues affecting the administration of governance in our counties because there is a big problem.

Thank you, Mr. Speaker, Sir, for giving me this opportunity.

Senate. being raised all the time by the county assemblies and the counties themselves, so that those county governments can work.

Even before impeachments are brought to the Senate, I wish to encourage the Standing Committee on Devolution and Intergovernmental Relations to ensure that they are proactive and they get issues even before they are brought to the Senate. They will visit the counties and come up with a report that we can discuss even before these issues are brought on this Floor.

I wish all of us are very successful Third Session of the Senate. Thank you, Mr. Speaker, Sir.

Sen. Boy, you may proceed.

Senate. being raised all the time by the county assemblies and the counties themselves, so that those county governments can work.

Even before impeachments are brought to the Senate, I wish to encourage the Standing Committee on Devolution and Intergovernmental Relations to ensure that they are proactive and they get issues even before they are brought to the Senate. They will visit the counties and come up with a report that we can discuss even before these issues are brought on this Floor.

I wish all of us are very successful Third Session of the Senate. Thank you, Mr. Speaker, Sir.

Sen. Boy, you may proceed.

Asante sana, Bw. Spika, kwa kunipa fursa hii. Kwanza ningependa kuwatakia watu wote katika Bunge hili, hasa Maseneta wenzangu, mwaka mpya wenye heri. Tumetoka likizo ndefu. Mashinani tumeonana na wananchi. Tumetatua zilizokuwa katika kaunti zetu.

Pili, hawa waliyochaguliwa katika Kamati hii ya SBC ni Maseneta ambao wamebobea sana katika kazi zao. Mawakili wako humo ndani na wengine ambao ni Maseneta waliobobea katika nyanja mbalimbali.

Kwa hivyo, nina imani ya kwamba katika kipindi hiki ambacho tumeingia sasa hivi, tutaweza kujadili mambo mengi sana ambayo yataweza kutusaidia na kufanikisha watu wetu hususan katika mambo ya gatuzi.

Ninawasihi Maseneta wenzangu, tuweze kuhudhuria vikao kwa wingi sana katika kipindi hiki ili tuyatekeleze majukumu yetu makubwa kama Maseneta. Tuweze kujumuika kusaidia kaunti zetu na kuhakikisha ya kwamba tunaleta Miswada muhimu sana ambayo itasaidia kaunti zetu.

Asante sana, Bw. Spika, kwa kunipa fursa ninaunga mkono Hoja hii.

Senate. SBC to make a follow-up on our behalf so that we know what is happening with those Bills in the National Assembly.

Mr. Speaker, Sir, my final point is on Cabinet Secretaries. We have had challenges with Cabinet Secretaries who fails to honour requests to appear before the Senate. We would like the Senate Majority Leader, when he is reading the Business of the House for the coming week, the way he does, to also include Cabinet Secretaries who have not honoured requests to appear before the Senate. This will enable the SBC to follow up with the Cabinet Secretaries who do not take the business of this House seriously. We want to know them. They must take this matter seriously. We would want them to follow up on the questions that we ask them and we want them to come here.

Mr. Speaker, Sir, I support this Motion.

Sen. Omogeni, you may proceed.

Senate. SBC to make a follow-up on our behalf so that we know what is happening with those Bills in the National Assembly.

Mr. Speaker, Sir, my final point is on Cabinet Secretaries. We have had challenges with Cabinet Secretaries who fails to honour requests to appear before the Senate. We would like the Senate Majority Leader, when he is reading the Business of the House for the coming week, the way he does, to also include Cabinet Secretaries who have not honoured requests to appear before the Senate. This will enable the SBC to follow up with the Cabinet Secretaries who do not take the business of this House seriously. We want to know them. They must take this matter seriously. We would want them to follow up on the questions that we ask them and we want them to come here.

Mr. Speaker, Sir, I support this Motion.

Senate.

Mr. Speaker, Sir, we want to assure you that we shall firmly stand behind you. We need to protect devolution and the Senate. We need concurrence that gives the Senate an opportunity to have an input in all Bills that come to Parliament.

Often times, Bills are dealt with in the National Assembly without the involvement of the Senate. That business should be a thing of the past. We have very good jurisprudence from the Supreme Court. So, we need to elevate the stature of this House. Senators now have a lot of presence at the county level.

I hope you shall create an opportunity for us to have a retreat where we can get further training. As we embark on our enhanced presence in the counties, we need to be trained on how to effectively discharge our functions as elected leaders who oversight the work of Governors.

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

Proceed, Sen. (Dr.) Khalwale.

Senate.

Mr. Speaker, Sir, we want to assure you that we shall firmly stand behind you. We need to protect devolution and the Senate. We need concurrence that gives the Senate an opportunity to have an input in all Bills that come to Parliament.

Often times, Bills are dealt with in the National Assembly without the involvement of the Senate. That business should be a thing of the past. We have very good jurisprudence from the Supreme Court. So, we need to elevate the stature of this House. Senators now have a lot of presence at the county level.

I hope you shall create an opportunity for us to have a retreat where we can get further training. As we embark on our enhanced presence in the counties, we need to be trained on how to effectively discharge our functions as elected leaders who oversight the work of Governors.

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

Senate. on the expert advice from the Commission of Revenue Allocation (CRA) as per the Constitution.

As for the first point, on mediation, we would like Members of the National Assembly---

Yes, the Constitution gives them power over Money Bills. However, that does not mean that when in a Mediation Committee, they should run solo and not play as a team with colleagues from this House.

Mr. Speaker, Sir. I forgot to congratulate you. However, the best way to do it is behind the tent because I know you.

(Laughter)

Sen. (Dr.) Khalwale, if you are done, kindly yield.

Senate. on the expert advice from the Commission of Revenue Allocation (CRA) as per the Constitution.

As for the first point, on mediation, we would like Members of the National Assembly---

Yes, the Constitution gives them power over Money Bills. However, that does not mean that when in a Mediation Committee, they should run solo and not play as a team with colleagues from this House.

Mr. Speaker, Sir. I forgot to congratulate you. However, the best way to do it is behind the tent because I know you.

(Laughter)

Sen. (Dr.) Khalwale, if you are done, kindly yield.

Thank you, Mr. Speaker, Sir. With those remarks, I support the Motion.

Senate. can work hard even at a young age and bring fame and success to the country and themselves.

Sen. Cherarkey, please, proceed.

Senate. can work hard even at a young age and bring fame and success to the country and themselves.

Senate.

Thank you and I support the Motion.

Sen. Osotsi, please, proceed.

Senate.

Thank you and I support the Motion.

Sen. Osotsi, please, proceed.

Mr. Speaker, Sir, I support this Motion from the onset. The Senators who have been nominated to sit in this Committee are people who did a good job in the First Session. I am sure they will do a better job in this Session. The SBC is a very important Committee to this House because it is the front end to the Plenary where we sit. I encourage the SBC to prioritise matters which are key to the functioning of this Senate.

In the last Session, I was disappointed that this House took too long to process the County Governments Additional Allocation Bill. It sat on the Order Paper for so long. I thought this was one Bills that should have been given the highest level of priority, considering that it was going to unlock funds to our counties. I encourage that Bills, Motions or items that are of high priority should be given high priority so that we dispense with them.

The SBC will also help us implement Article 96 of the Constitution to protect counties. All the matters that come before us must be weighed against that premise of Article 96, that the matters which come before us are those which will enhance devolution and not take us back to those days before devolution.

I have seen some Bills on the Order Paper, whose contents either have unconstitutional aspects or defeat the very purpose of our role under Article 96. So, we depend on the SBC for that purpose.

Mr. Speaker, Sir, as someone has said, Parliament - the National Assembly and the Senate - is the only institution in this country that has the powers to make laws. We are starting to see a trend where laws are made without the involvement of this House. We make laws here either through the Bills we process or the delegated legislation that we approve in this House. We want that to go on. We do not want to see a scenario where laws are made through directives by Cabinet Secretaries (CSs) or by those in authority. The House must rise to the occasion and protect the integrity of Parliament by ensuring that all laws that are not made by this House are declared null and void.

Allow me to also convey a message of condolence to the family of Kelvin Kiptum, who was a great athlete in this country. While we were away, my good neighbour and senior brother, Sen. (Dr.) Khalwale, lost his long serving employee, Mr. Kizito Moi. On behalf of Senators and being a neighbour, I also say pole to Sen. (Dr.) Khalwale for losing his long serving employee.

Thank you and I support.

Senate. living while entertaining us. It is time we legislated and had policies around how we send off our artists.

I would like to convey my condolences to the family and friends of Charles Ouda. As we mourn with them, I would like to invite all the Senators to the wake we have for the late Charles Ouda, which is planned for Thursday. He was in one of my musical theatre shows. Before I became a Senator, I was in the creative industry. Therefore, that is a space that I hold dearly.

On the issue of Kisii County, we all agree that devolution must work in all the 47 counties. The purpose of the county assemblies is to play oversight. Suppose Members of the County Assembly (MCAs) of Kisii County interrogate and find a reason to impeach any person, whether the governor or his deputy, it is their right and duty. We hope that the Senate Committee on Devolution and Intergovernmental Relations will intervene.

I look forward to knowing issues surrounding the deputy governor. Let no one tell the MCAs that it is not their duty or right. They must interrogate the matter and oversight the County Executive. If they find that the deputy governor has done something contrary to the Constitution and should be impeached, that is their duty.

I come from Kisii County. We would like to see the county working. We would like to have development and have the governor and his deputy work with all the elected leaders, including the MCAs, who are doing their work of oversight of the county government.

Thank you, Mr. Speaker, Sir, for this opportunity. I wish hon. Members a fruitful Session.

Sen. Mumma, proceed.

Senate. living while entertaining us. It is time we legislated and had policies around how we send off our artists.

I would like to convey my condolences to the family and friends of Charles Ouda. As we mourn with them, I would like to invite all the Senators to the wake we have for the late Charles Ouda, which is planned for Thursday. He was in one of my musical theatre shows. Before I became a Senator, I was in the creative industry. Therefore, that is a space that I hold dearly.

On the issue of Kisii County, we all agree that devolution must work in all the 47 counties. The purpose of the county assemblies is to play oversight. Suppose Members of the County Assembly (MCAs) of Kisii County interrogate and find a reason to impeach any person, whether the governor or his deputy, it is their right and duty. We hope that the Senate Committee on Devolution and Intergovernmental Relations will intervene.

I look forward to knowing issues surrounding the deputy governor. Let no one tell the MCAs that it is not their duty or right. They must interrogate the matter and oversight the County Executive. If they find that the deputy governor has done something contrary to the Constitution and should be impeached, that is their duty.

I come from Kisii County. We would like to see the county working. We would like to have development and have the governor and his deputy work with all the elected leaders, including the MCAs, who are doing their work of oversight of the county government.

Thank you, Mr. Speaker, Sir, for this opportunity. I wish hon. Members a fruitful Session.

Senate.

In the last Session, there were a few Bills, which came here. Since they had been passed in the National Assembly, we hurried to pass them as they were with unconstitutional provisions because someone was in a hurry to have them pass.

As Members of both Houses, we must reimagine a technical consultative process to ensure that, for instance, if the majority side is in a hurry to pass a law, we should consider having technical consultations before a Bill is tabled.

Suppose we plan to pass a Bill as was passed in the National Assembly, the technical people will have made an input to ensure that devolution and the spirit of the Constitution has been protected. We normally have mediation committees. We can have a consultative technical committee to ensure we pass laws faster.

Finally, the SBC should work for the entire Senate. We have three functions; representation, oversight, and legislation. We oversight as the entire House of 67 Senators. The SBC should ensure that matters of oversight by Senators are not discriminatory against nominated Senators. When they meet, I hope the issue of oversight will be looked at to acknowledge that nominated Senators are equal and engage in oversight like other Senators. The SBC should treat all Members equally.

Sen. Wafula, proceed.

Senate.

In the last Session, there were a few Bills, which came here. Since they had been passed in the National Assembly, we hurried to pass them as they were with unconstitutional provisions because someone was in a hurry to have them pass.

As Members of both Houses, we must reimagine a technical consultative process to ensure that, for instance, if the majority side is in a hurry to pass a law, we should consider having technical consultations before a Bill is tabled.

Suppose we plan to pass a Bill as was passed in the National Assembly, the technical people will have made an input to ensure that devolution and the spirit of the Constitution has been protected. We normally have mediation committees. We can have a consultative technical committee to ensure we pass laws faster.

Finally, the SBC should work for the entire Senate. We have three functions; representation, oversight, and legislation. We oversight as the entire House of 67 Senators. The SBC should ensure that matters of oversight by Senators are not discriminatory against nominated Senators. When they meet, I hope the issue of oversight will be looked at to acknowledge that nominated Senators are equal and engage in oversight like other Senators. The SBC should treat all Members equally.

Senate.

Nawatakia mwaka mpya wenye mafanikio. Asante sana Bw. Spika.

Proceed, Sen. Dullo.

Senate.

Nawatakia mwaka mpya wenye mafanikio. Asante sana Bw. Spika.

Proceed, Sen. Dullo.

Thank you, Mr. Speaker, Sir. I wish to join my colleagues to welcome back Members to this House.

I stand here to oppose this list, simply because Jubilee being the third largest political party has been locked out in many committees. I think that will be a debate for another day.

I wish you could listen to me. Sen. Sifuna, why are you disrupting the Speaker and I wanted him to hear a very serious point I was raising?

Mr. Speaker, Sir, I am opposing this list simply because Jubilee is not represented. We are going to bring a Motion to this House to discuss matters of Jubilee.

Secondly, now that we have been given oversight funding, I remember in 2013 we had an Implementation Committee in this House. Unfortunately, it was removed. Now that we have the oversight funding, we must be able to come up with a committee that is going to look at issues of oversight.

Mr. Speaker, Sir, for some of us who have gone to the ground, there are so many challenges to the Senators; incitement and politicizing the issues of oversight.

Additionally, you will see that some of the governors we write to are refusing give information. Therefore, we must have a body that is going to look at issues of oversight in this Senate. Consequently, we are supposed to do a report after oversight. How we are going to deal with those reports are matters this Senate needs to discuss and come up with a solution.

I thank you.

Senate.

Kwa hivyo, ningependa sana utakapokuja Mswada kama ule, muweze kuniunga mkono ili tuweze kuunda kamati ya kufuatilia zile ripoti ambazo tunaziandika katika Bunge hili.

Jambo la tatu, Bw. Spika, ukiweza kuangalia Bunge hili, utaona karibu kina mama sote tumevaa nguo nyeusi. Tumevaa hizi nguo nyeusi tukiashiria kusimama na yale mashirika yasiyo ya kiserikali ambayo yamekuwa yakipiga kelele kuhusiana na wale watoto wa kike ambao wameuliwa kiholela holela kwa sababu ni wanawake.

Kauli yangu mbiu ni kwa vijana na wazee, kuwambia kwamba sisi wanawake kweli tuna mapungufu yetu kama wananadamu, lakini mtoto wa kike hapigwi hata kuuwawa. Ukitaka kupiga mtoto wa kike, nunua kanga umupige na upande wa ganga.

Bw. Spika, inawezekana kweli kuna makosa ya hapa na pale lakini haimaanishi uweze kuangamiza na kumaliza maisha ya mtoto wa kike. Kwa hivyo, ningependa ndungu zangu Maseneta wa kiume, muweze kusimama na sisi. Hii ni kwa sababu ukifuga nyoka, leo atauwa mtoto wa kike na kesho atakuja pia atauwa mtoto wa kiume.

Kwa hayo mengi Bw. Spika, asante na niwatakie heri na fanaka za mwaka huu

umasikini. Hii ni kwa sababu itampa fursa yule mtoto ambaye ametelekezwa katika masomo yake kupata fursa ya pili kuondosha uchochole katika jamii yake.

Kwa hivyo, nawaomba muweze kupitisha Mswada wa The Care and Protection of Child Parents Bill, 2023.

Asanteni sana na Mwenyezi Mungu awabariki.

Proceed, Sen. (Dr.) Oburu.

Senate.

Kwa hivyo, ningependa sana utakapokuja Mswada kama ule, muweze kuniunga mkono ili tuweze kuunda kamati ya kufuatilia zile ripoti ambazo tunaziandika katika Bunge hili.

Jambo la tatu, Bw. Spika, ukiweza kuangalia Bunge hili, utaona karibu kina mama sote tumevaa nguo nyeusi. Tumevaa hizi nguo nyeusi tukiashiria kusimama na yale mashirika yasiyo ya kiserikali ambayo yamekuwa yakipiga kelele kuhusiana na wale watoto wa kike ambao wameuliwa kiholela holela kwa sababu ni wanawake.

Kauli yangu mbiu ni kwa vijana na wazee, kuwambia kwamba sisi wanawake kweli tuna mapungufu yetu kama wananadamu, lakini mtoto wa kike hapigwi hata kuuwawa. Ukitaka kupiga mtoto wa kike, nunua kanga umupige na upande wa ganga.

Bw. Spika, inawezekana kweli kuna makosa ya hapa na pale lakini haimaanishi uweze kuangamiza na kumaliza maisha ya mtoto wa kike. Kwa hivyo, ningependa ndungu zangu Maseneta wa kiume, muweze kusimama na sisi. Hii ni kwa sababu ukifuga nyoka, leo atauwa mtoto wa kike na kesho atakuja pia atauwa mtoto wa kiume.

Kwa hayo mengi Bw. Spika, asante na niwatakie heri na fanaka za mwaka huu

umasikini. Hii ni kwa sababu itampa fursa yule mtoto ambaye ametelekezwa katika masomo yake kupata fursa ya pili kuondosha uchochole katika jamii yake.

Kwa hivyo, nawaomba muweze kupitisha Mswada wa The Care and Protection of Child Parents Bill, 2023.

Asanteni sana na Mwenyezi Mungu awabariki.

Senate.

When it comes to allocation of revenue, I would have thought that Members of the Senate would be the first to support proposals particularly from the Commission on Revenue Allocation (CRA) based on the rationale which was given to us here. However, we opposed it and I do not want the debate to open again. I hope that we shall not continue with the same trend of not supporting the county governments.

Mr. Speaker, Sir, I also saw something which happened last time which I would not like to see repeated. There was a situation where a Chairman of a Committee - I do not want to say which Committee - came here in the morning, presented to us a detailed report of a committee which they had worked on for more than three months.

We stood up and contributed and supported the Chairman, and then in the afternoon, the same Chairman comes here and withdraws the same report, which was not his report. It was a report of a committee. Perhaps we shall improve and we shall not see such a situation again.

Otherwise, I support the Membership of the Committee which has been proposed here and I wish everybody very successful deliberations in this new Session.

Thank you.

Sen. Kinyua, proceed.

Senate.

When it comes to allocation of revenue, I would have thought that Members of the Senate would be the first to support proposals particularly from the Commission on Revenue Allocation (CRA) based on the rationale which was given to us here. However, we opposed it and I do not want the debate to open again. I hope that we shall not continue with the same trend of not supporting the county governments.

Mr. Speaker, Sir, I also saw something which happened last time which I would not like to see repeated. There was a situation where a Chairman of a Committee - I do not want to say which Committee - came here in the morning, presented to us a detailed report of a committee which they had worked on for more than three months.

We stood up and contributed and supported the Chairman, and then in the afternoon, the same Chairman comes here and withdraws the same report, which was not his report. It was a report of a committee. Perhaps we shall improve and we shall not see such a situation again.

Otherwise, I support the Membership of the Committee which has been proposed here and I wish everybody very successful deliberations in this new Session.

Thank you.

Sen. Kinyua, proceed.

Senate. for the Senate Business Committee (SBC). In fact, there are no perks that I am aware of. This is one of those committees that cannot be adjourned for lack of quorum.

If you are a Member of this Committee, you must show up for meetings of this Committee. I suspect that is why the interest is not as high as the impending committee on impeachment of the deputy governor of Kisii County that I have heard about here.

Mr. Speaker, Sir, it has been the privilege of my short life in this House to serve in the SBC. I know what awaits us in terms of scheduling business for this house. We have struggled with the many requests we got from Members when it came to, for instance, Question Time with Cabinet Secretaries. I know now that the minority side also fully participates on this issue of questioning Cabinet Secretaries before this House, there is going to be an overwhelming number of requests for Questions to put to Cabinet Secretaries.

I can only hope that this House, through its leadership, can communicate to the Cabinet Secretaries that we would expect full cooperation from them for us to be able to execute the business of the House.

Mr. Speaker, Sir, I may be the only one, but every time you flip a calendar, the expectation is that you will turn a new leaf in your life. My expectation during this Session is to see the best side of my colleagues here. However, some of the comments that have already been made here have dampened my spirit and my expectation; that some of my colleagues returned here being the very same people we said goodbye to in December.

Through the sort of debate that we are going to have here, I was hoping to see a change. That, we are new people and would give opportunity to new ideas and new thoughts. That, we will listen to each other better and not use this opportunity to rile up each other.

If, for instance, there is a critical matter such as a matter that was involving both sides of the political divide as a bipartisan report, some of the comments that I have had from my colleagues leave me very wary of what we can expect in this Session.

I know the Senate Majority Leader must have been as offended as I have been by some of the comments directed at a committee that he served very ably and was able to midwife a child under very difficult political circumstances.

Mr. Speaker, Sir, also last year we had cautioned that as a House, we should not be pre-empting our own business so that people should not be anticipating debate and making comments that lend themselves to some of the attacks we have received as a House; that, matters come here when there is already a predetermined outcome.

It has broken my heart for people to speak about business that might come before this House in a manner that suggests that decisions have already been reached even before we are seized of those matters. It is quite heart-breaking that indeed some people turn the calendars in their houses, but they never turn a new leaf in their own lives and in their own conduct as elected leaders.

Mr. Speaker, Sir, I want to reiterate my commitment as a proposed Member of this Committee, that, in fact, if approved by this House, I will dedicate my time as required to be able to conduct the business of the SBC. Ordinarily, we should not speak

Thank you, Mr. Speaker, Sir. Allow me to wish my colleagues a happy new year. It is good to see all of you, including you, Mr. Speaker, Sir. It is quite telling that this is one of a few committees where there is very little contestation. I do not see as much interest from Members to be part of this Committee as others.

I was just asking my colleagues who have served with me on that Committee in the previous Session, it could be because this is one of those Committees in this House that does not have the usual trappings, and perks of other committees. There are no trips

Sen. Munyi Mundigi, proceed.

Senate. on some of the things because the proposed members have not got a chance to speak. We make other sacrifices to be Members of the SBC.

You have seen in other instances where Members argue that so and so is a member of four committees or has too many committees and they start with the SBC as if it is a regular Committee. Then you hear people saying, that Sifuna must now leave the Energy Committee and concentrate fully on the SBC, with all its lack of perks that I have described here.

Mr. Speaker, Sir, I believe that my colleagues who have served in that Committee in the previous session have given their best in the service of this House. I am sure that their commitment is unwavering for us to be able to deliver the mandate of this House.

Lastly, yesterday I was at a burial and the preacher who gave the preaching there said something profound to me; that life at its best is very short. I could not believe when I heard the news about Kelvin Kiptum that just when his career was taking off, just when he was becoming a global brand, just when everything looked up for him, we lost that young man in the most tragic of circumstances.

I take this opportunity on my own behalf, on behalf of my family and on behalf of the ODM party for which I am the Secretary-General, to condole with the family of Kelvin Kiptum. We pray that God rests his soul in eternal peace.

I thank you.

Senate.

Hon. Senators, kindly, avoid commenting on the matter touching on the impeachment of the deputy governor. This is because doing so is anticipating debate.

Sen. Oketch Gicheru, you may have the Floor.

Senate.

Senate. the country. Therefore, it is a very painful experience that I cannot explain, not only in the Deoxyribonucleic acid (DNA) of the nation, but also to the family.

Mr. Speaker, Sir, in the same weight, I do not want us to forget to take this humble opportunity to also say sorry to the family of his Coach, Mr. Hakizimana. He was a Rwandese who dedicated his time and rose to the elite coaching levels in the athletic world just recently. This House cannot forget him because, indeed, he was the biggest partner to Kelvin. He also gave so much to this country.

I take this opportunity as a Senator in Kenya, to also pass our deepest condolences and share in the pain of his family in Rwanda, as well as the Rwandese Athletic Federation for that big loss. I hope that as a country, we will stand with both of them together because it is on their shoulders that this country pride in the kind of fame that they have given us.

Mr. Speaker, Sir, I look forward to this Session. I hope that we will give the country the best with the little time that we might have in this House this year.

Thank you.

Sen. Abass, you may have the Floor.

Senate. the country. Therefore, it is a very painful experience that I cannot explain, not only in the Deoxyribonucleic acid (DNA) of the nation, but also to the family.

Mr. Speaker, Sir, in the same weight, I do not want us to forget to take this humble opportunity to also say sorry to the family of his Coach, Mr. Hakizimana. He was a Rwandese who dedicated his time and rose to the elite coaching levels in the athletic world just recently. This House cannot forget him because, indeed, he was the biggest partner to Kelvin. He also gave so much to this country.

I take this opportunity as a Senator in Kenya, to also pass our deepest condolences and share in the pain of his family in Rwanda, as well as the Rwandese Athletic Federation for that big loss. I hope that as a country, we will stand with both of them together because it is on their shoulders that this country pride in the kind of fame that they have given us.

Mr. Speaker, Sir, I look forward to this Session. I hope that we will give the country the best with the little time that we might have in this House this year.

Thank you.

Senate.

There are many pending Bills that we need to follow up on, so that the people who provide goods and offer services to counties receive their money. Many businessmen are going out of business because they have not been paid their money on time. Some have not been paid for the last 10 years and have gone out of business. Therefore, in this Session, we should take this seriously so that Kenyans are paid because they work hard for their money. They are businessmen and are being accused.

Mr. Speaker, Sir, in the last two sessions, we have had a lot of pending business in this House. Almost 52 or 50 Bills have not been passed. I may not know exactly how many they are. The problem is that there are many Statements.

I suggest that the Senate Business Committee (SBC) should prioritize Bills this time.

Senate Majority Leader, kindly consult in low tones and allow Sen. Abass to conclude.

Senate.

There are many pending Bills that we need to follow up on, so that the people who provide goods and offer services to counties receive their money. Many businessmen are going out of business because they have not been paid their money on time. Some have not been paid for the last 10 years and have gone out of business. Therefore, in this Session, we should take this seriously so that Kenyans are paid because they work hard for their money. They are businessmen and are being accused.

Mr. Speaker, Sir, in the last two sessions, we have had a lot of pending business in this House. Almost 52 or 50 Bills have not been passed. I may not know exactly how many they are. The problem is that there are many Statements.

I suggest that the Senate Business Committee (SBC) should prioritize Bills this time.

Senate Majority Leader, kindly consult in low tones and allow Sen. Abass to conclude.

Mimi ni mtu ya Military, I will finish. Mr. Speaker, Sir, as I was saying before, much of our time is consumed by Statements. You find 20 Statements being made, yet most are inter-related. I, therefore, request the SBC to take this matter seriously and limit them. This time round, we must commit our Bills.

With those few remarks, I support. Thank you, Mr. Speaker, Sir.

Senate.

Mr. Speaker, Sir, the Senate should not act in vain. We should ensure that whatever we pass here in terms of resolutions is acted upon by the relevant State agencies.

The other issue is on regional and economic blocs, which in my view, play a critical role in ensuring that counties cooperate together and share in their growth economically. They also enhance opportunities for employment.

From where I sit, they lack a legal framework to ensure they work well. It is important in this Session - and this goes to the Chairperson of the Committee on Devolution and Intergovernmental Relations although he has left - to ensure that these economic blocs work by establishing a legal framework that will give them the legal capacity to proceed.

This House should look at some of the critical issues that affect counties. Issues of insecurity, cattle rustling, banditry, expansion and so on affect seven counties in the country. Today, there is no peace enjoyed by the populations of Baringo, Elgeyo/Marakwet, Turkana, West Pokot, Isiolo, Marsabit and others.

Mr. Speaker, Sir, I will be moving a Motion and I hope the SBC will approve, so that the House discusses this issue extensively. This will make our people live in peace. I also wish this team well as it begins this Session.

Finally, allow me to join my colleagues in expressing my condolences to the family of Kelvin Kiptum for his unfortunate demise. We say sorry to his family and the country.

I thank you.

Sen. Kisang.

Senate.

Mr. Speaker, Sir, the Senate should not act in vain. We should ensure that whatever we pass here in terms of resolutions is acted upon by the relevant State agencies.

The other issue is on regional and economic blocs, which in my view, play a critical role in ensuring that counties cooperate together and share in their growth economically. They also enhance opportunities for employment.

From where I sit, they lack a legal framework to ensure they work well. It is important in this Session - and this goes to the Chairperson of the Committee on Devolution and Intergovernmental Relations although he has left - to ensure that these economic blocs work by establishing a legal framework that will give them the legal capacity to proceed.

This House should look at some of the critical issues that affect counties. Issues of insecurity, cattle rustling, banditry, expansion and so on affect seven counties in the country. Today, there is no peace enjoyed by the populations of Baringo, Elgeyo/Marakwet, Turkana, West Pokot, Isiolo, Marsabit and others.

Mr. Speaker, Sir, I will be moving a Motion and I hope the SBC will approve, so that the House discusses this issue extensively. This will make our people live in peace. I also wish this team well as it begins this Session.

Finally, allow me to join my colleagues in expressing my condolences to the family of Kelvin Kiptum for his unfortunate demise. We say sorry to his family and the country.

I thank you.

Senate.

Mr. Speaker, Sir, I know that tomorrow we will have a Motion on this issue. Therefore, I will not take much time because the SBC wants to meet and set up business for us from tomorrow onwards.

I thank you.

Proceed, Sen. Nyamu.

Senate.

Mr. Speaker, Sir, I know that tomorrow we will have a Motion on this issue. Therefore, I will not take much time because the SBC wants to meet and set up business for us from tomorrow onwards.

I thank you.

Proceed, Sen. Nyamu.

Thank you, Mr. Speaker, Sir. I am very excited to be in the Third Session of the Senate. The recess that we have just had has been one of the most fulfilling for me because I got to interact with the real issues faced by my people in Nairobi City County. I had an opportunity to have Christmas with children in Mathare and widows and young mothers of Korogocho.

Mr Speaker, Sir, at the beginning of the year, my Foundation was privileged to offer full secondary school education scholarships to the needy. That presented me with the glaring inequality in the lack of free secondary education. It is very heart-breaking that even as I speak, some great students who did exemplarily well in school have not yet reported to school. It is because their parents are unable to afford the demands that come with secondary school education, including uniform, tuition fees et cetera. Even if all of us here chose to sponsor 20 or 50 students today, it will still be insufficient.

Mr Speaker, Sir, as a country and as a leadership, we have failed students of this country. In this Session, I look forward to this Senate coming up with lasting solutions through Bills and influence of policy, to give every child an opportunity to have an education. Most of us here, if not all, are products of education. We can shelve everything else, but let us have all the children of Kenya educated, no matter their background.

Mr Speaker, Sir, I wish to take this opportunity to join the entire country in mourning the very painful death of Master Kelvin Kiptum, who lost his life in a tragic accident. As the people of Kenya, we have lost part of our story and history because we did not get to experience what he was, as a gift to us. To the family and the entire country, I offer my deepest condolences and those of my family.

I have full confidence in the Members of SBC. They are all very skilled and able Senators. We support you and the work that you have done for us so far. I support another mandate for you.

Thank you.

Senate. important role of the SBC, especially in scheduling business and ensuring this House has business to transact.

Mr Speaker, Sir, I also join my colleagues in paying tribute to the departed friend and world record holder, Kelvin Kiptum together with his coach. They unfortunately met their demise two nights ago. As a country, we are in mourning. This young man had a life full of promise. It was a great career ahead of him. Many of us who are fans of athletics were looking forward to the duel between him and Eliud Kipchoge in the Paris Olympics. It is unfortunate that as fate would have it, Kiptum will not be there.

Of course, we need to learn lessons. We have to ask ourselves what we can do. Many of our athletes have departed in this particular way. Some of the world-beaters were lucky to survive. Remember in 2003, Rudisha at the prime of his career also had a similar incident. He ended his career with an injury from which he never recovered. This includes many other young athletes. It points out to a lack of mentorship or something that you could do to these young people who do so much for us as a country, yet we pay them so little. Many times, we remember them when they have passed on like we have seen.

Mr Speaker, Sir, you remember Samuel Wanjiru met his death in almost similar circumstances of an accident that could not be explained. It is unfortunate. Although our country is blessed with abundant talent, there is a lesson in there for us. There is a lot more that we need to do, other than just celebrate, tweet and take pictures with our stars when they return from victory. We need to invest in them as well. Kenyans are saying many things and we must learn to listen.

I saw the Cabinet Secretary for Youth Affairs, Creative Economy and Sports visited the home of Kiptum yesterday. We look forward to hearing what we as a country have learned over time because this is not the first athlete we have lost at the peak of their career. Many of them have found themselves in even love triangles, which have ended their lives at a very young age. Fair thee well, Kiptum! We would have wished to have you longer.

I was certain as a fan of athletics that this gentleman was going to do the sub-two in a competitive marathon. I thought that was going to happen in this year's Olympics. It is unfortunate, but such is the fate of man. Many are our plans but unfortunately, not all of them come to pass.

Lastly, I urge my colleagues that we take our work seriously as the Senate. Last week, I had the opportunity to address staff of the Directorate of the Speakers Office and certain very grim statistics were read out to us. I wish I had mentioned this when the House was a bit fuller when we began this Session. This is the first time that the Senate has been adjourned close to ten times for lack of quorum in the last two sessions.

I hope we do not have a repeat of that because there is nobody who came to this House unopposed. All of us competed with somebody who felt that they deserved a better chance to represent the very people that we represent here. Ordinary citizens woke up early, queued, voted and said that they put their trust in Sen. Oketch Gicheru to speak on my behalf in the Senate. It cannot be that the same Sen. Oketch Gicheru cannot find just

Thank you, Mr Speaker, Sir, for this opportunity. I thank my colleagues who have taken time to share their thoughts on this Motion to set up the SBC for the Third Session of this Senate. I thank them for the things that they have raised during the debate. There are many issues from those that are concerned. Many broadly support the team and appreciate the work that our SBC has done.

I have listened to the concerns of Members of the Jubilee Party but, unfortunately, they are not here. I am sure there are better avenues that they can use. The Standing Orders provides for ways that they can address the challenge and the situation they presently find themselves in. By and large, many of our colleagues appreciate the

Hon. Senators, pursuant to Standing Order No.84 (1) , it is my determination that this matter does not affect counties and, therefore, voting shall be by voice.

I will, therefore, proceed to put the question

Senate.

Hon. Senators, pursuant to Standing Order No.84 (1) , it is my determination that this matter does not affect counties and, therefore, voting shall be by voice.

I will, therefore, proceed to put the question

Senate.

Hon. Senators, you may now rise. We have come to the end of our business. There being no other business on the Order Paper, the Senate stands adjourned until tomorrow, Wednesday, 14th February, 2024, at 9.30 a.m.

Members of the SBC, let us proceed to Committee Room No. 4 for our meeting. The Senate rose at 4.23 p.m.