Tuesday, 1st March, 2022

Senate Majority Leader, proceed.

Thank you, Madam Deputy Speaker. I beg to lay the following Papers on the Table of the Senate today, 1st March, 2022:

Report of the Auditor-General on the financial statement of Nyandarua County Bursary Fund for the year ended 30th June, 2020.

Report of the Auditor-General on the financial statement of Nyandarua County Assembly Staff Car Loan and Mortgage Fund for the year ended 30th June, 2020.

Report of the Auditor-General on the financial statement of Kajiado County Disability Mainstreaming Fund for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of Baringo County Assembly Member’s Car Loan and Mortgage Fund for the year ended 30th June, 2020.

Report of the Auditor-General on the financial statement of Meru County Alcoholic Drinks Control Board for the year ended 30th June, 2020.

Report of the Auditor-General on the financial statement of Iten Tambach Water and Sewerage Company Limited County for the year ended 30th June, 2020.

Report of the Auditor-General on the financial statement of Oloolaiser Water and Sewerage Company Limited for the year---

Sorry, Madam Deputy Speaker. Let me go back a bit. The Senator for Nandi County is causing me not to read well.

Go ahead, Senator. He consulted a little loudly. I think he should do it in a low tone.

The Senate Majority Leader (Sen. Poghisio) : Thank you, Madam Deputy Speaker.

Report of the Auditor-General on the financial statement of Oloolaiser Water and Sewerage Company Limited for the year ended 30th June, 2018.

Report of the Auditor-General on the financial statement of Oloolaiser Water and Sewerage Company Limited for the year ended 30th June, 2019.

Report of the Auditor-General on the financial statement of Oloolaiser Water and Sewerage Company Limited for the year ended 30th June, 2020.

Thank you, Senator. The next Paper is by the Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights. He has requested that the Senate Majority Leader does it for him.

Please, go ahead.

Thank you, Madam Deputy Speaker. Report of the Auditor-General on the financial statement of Oloolaiser Water and Sewerage Company Limited for the year ended 30th June, 2018. Report of the Auditor-General on the financial statement of Oloolaiser Water and Sewerage Company Limited for the year ended 30th June, 2019. Report of the Auditor-General on the financial statement of Oloolaiser Water and Sewerage Company Limited for the year ended 30th June, 2020. (Sen. Poghisio laid the documents to the Table)

Thank you, Madam Deputy Speaker. On behalf of the Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights, I beg to lay the following Papers on the Table of the Senate today, 1st March, 2022:

Report of the Standing Committee on Justice, Legal Affairs and Human Rights on the Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bills No. 27 of 2021) .

Thank you, Senate Majority Leader. Next Order.

Thank you, Senate Majority Leader. Next Order.

We have two Statements pursuant to Standing Order No.48 (1) , by Sen. Cherargei.

You will read them one after the other.

I will now allow comments for 20 minutes. I will divide the minutes by the Members who are already here. Please take three minutes so that everyone gets a chance.

The first one is Sen. (Dr.) Musuruve.

I will now allow comments for 20 minutes. I will divide the minutes by the Members who are already here. Please take three minutes so that everyone gets a chance.

The first one is Sen. (Dr.) Musuruve.

Thank you, Madam Deputy Speaker, for this opportunity. First, allow me to thank Sen. Cherargei for coming up with this Statement which is important given the fact that tourism is a big income earner. It is also a source of employment to the youth and those who study tourism related courses.

On a point of order, Madam Deputy Speaker.

There is a point of order from Sen. (Dr.) Ali.

Statement as the Vice Chairperson of the Committee on Tourism, Trade and Industrialization.

Statement as the Vice Chairperson of the Committee on Tourism, Trade and Industrialization.

Since I had allowed her and her three minutes are already running, let her to proceed. However, Vice Chairperson, remember that you are going to interrogate this Statement and bring us answers. So, please do not make recommendations now. I think that is what Members are saying.

Madam Deputy Speaker, I was just thanking Sen. Cherargei for bringing this Statement because that is the work for our Committee. I thank him for bringing up these issues so that we can interrogate with the Ministry and ensure there is service delivery to our people.

I would like to assure you that when your desires come to our Committee, we will certainly bring answers that will not have questions marks. We will also interrogate issues of sports tourism. This is a rich area. Even Persons with Disabilities (PWDs) should be involved in sports tourism.

These are issues we are going to interrogate with the concerned Ministry because we need to nurture talent and ensure that tourism thrives since it is a source of income to our youth and this country.

I thank you.

Proceed, Sen. Seneta.

Madam Deputy Speaker, I also take this opportunity to thank Sen. Cherargei who has a lot of passion in athletics and sports in this country because most of his Statements have something to do with sports. Therefore, I congratulate him.

The Ministry of Tourism and Wildlife has a big role in promoting tourism in this country. It is not only sports tourism, but also wildlife and cultural tourism because there are many tourists who visit several sectors in this country.

I also request the Committee not only to find out why the Ministry has failed to utilize the TPF, but also indicate the budget that has been allocated to this particular Fund. It should also give us the breakdown of the allocation of funds to all our counties.

I am talking about all the counties because some of us come from counties that have many tourist sites, thus a lot of interest in wildlife and tourism. We would like to know the budget that the Ministry has been giving to our counties to promote the tourism sector.

We would also like to know the policies that have been put in place and how the programmes are being implemented. Many times I see adverts about Buy Kenya Build Kenya---

I will allow you one minute to finish that point.

Let us listen to Sen. Faki.

Let us listen to Sen. Faki.

Asante, Bi. Naibu wa Spika, kwa kunipa fursa hii kuchangia maombi ya Taarifa kutoka kwa Seneta wa Nandi, Sen. Cherargei. Maombi aliyoyaleta hapa yanapaswa kuungwa mkono kwa sababu kwa muda mrefu, utalii wetu umekuwa ukiangazia masuala ya ufuo wa bahari na wanyama pori peke yake. Hatujatumia fursa ambayo tumepewa kujenga utalii wa michezo ambao pia ni muhimu. Tunaweza kuboresha sekta hii ili kuvutia wageni wengi kutembelea nchi yetu.

Bi. Naibu Spika, tukiangalia sehemu kama vile Eldoret, Nandi na kote kule, kuna sehemu nzuri ambazo watalii ama wanamichezo hususan wale wanaokimbia masafa marefu; wanaweza kuchukua nafasi ya kuja kufanya mazoezi yao, huku wakitembelea nchi yetu ili tutapate fedha za kigeni.

Bi. Naibu Spika, kule kwetu pwani kuna maeneo ambayo tunaweza kuwa na mchezo wa “skiing.” Mchezo huu ni wa kuteleza katika mawimbi. Kwa Kiingereza tunasema wind surfing. Hii inaweza kufanyika kwa njia rahisi bila kuwa na gharama kubwa sehemu za Gongoni-Malindi hadi Lamu.

Watalii wakiingia wanaposhuka Momabasa au Malindi, wanaweza kwenda kule na kufanya michezo yao halafu wanarudi makwao bila ya kuwa na shida yoyote. Taarifa hii imekuja wakati mzuri.

Bi. Naibu Spika, jambo la mwisho, tunaweza kutumia jumba la Kenyatta International Convention Centre (KICC) kuvutia watalii wengi hapa nchini kwa kuimarisha michezo humo ndanio. Pia tunaweza kutumia viwanja vya Kasarani na Nyayo kuimarisha michezo mingi ambayo itawavutia watalii wengi hapa nchini.

Tulipokuwa na World Cup mwaka wa 2004 kule Afrika Kusini, Kenya ilipoteza fursa adimu ya kuweza kukaribisha zile nchi ambazo zilikuwa zinakwenda huko. Wangeweza kufanya mazoezi yao ya kujitayarisha hapa. Wakati huo, hali ya hewa nchini Kenya hususan Mombasa ilikuwa sawa kuliko Afrika Kusini ambapo michezo hiyo ilikuwa inafanyika.

Bi Naibu Spika, Taarifa hii itakuja kwa Kamati ya Utalii na Biashara. Tutaishughulikia ipasavyo. Ninaiunga mkono.

Thank you, Senator. Proceed, Sen. Poghisio.

I ask the Committee to take this one very seriously. For example, there are many unexploited areas which could really be potential areas with sports for tourism. Other countries have done it and we can do it.

I encourage you and Sen. Cherargei to continue pursuing those issues. Wherever the Committee will go and meet, please make sure that you go deeper into, why the duplicity of funds? What are these funds doing? The budgets for the year and so on. We will be able to support you.

I thank you very much.

I ask the Committee to take this one very seriously. For example, there are many unexploited areas which could really be potential areas with sports for tourism. Other countries have done it and we can do it.

I encourage you and Sen. Cherargei to continue pursuing those issues. Wherever the Committee will go and meet, please make sure that you go deeper into, why the duplicity of funds? What are these funds doing? The budgets for the year and so on. We will be able to support you.

I thank you very much.

Thank you, Senator. Let us have Sen. Khaniri.

Madam Deputy Speaker, allow me to join my colleagues who have spoken before me in thanking my good neighbor, Sen. Cherargei, for coming up with this very good idea.

The Tourism Promotion Fund was established to promote tourism in this country. Unfortunately, since it was established, they have only concentrated on wildlife promotion, maybe our beaches and hotels at the coast.

Tourism was the second highest foreign earner in this country for many years, until recently, when it was overtaken. I think it is now number three. We have great potential in tourism. We could easily make tourism our number one foreign earner in this country if we do things right.

One of the proposals is the one made by the Senator for Nandi, by trying to establish sports tourism. For example, India has done it. They have established what we call, “medical tourism.” It is earning the country so much foreign exchange since it was established.

We could go beyond sports because we have a very rich culture for tourism that we can market. For the people who love watching birds, we have very unique birds in the Kakamega and Kaimosi forests. We have not exploited that area.

I am sure that we can as well explore and make sports tourism an attraction as we have done in sports, particularly athletics. If we include things like the birds and the strong culture that I am talking about. We could possibly make tourism our number one foreign earner.

I thank the Senator for Nandi for coming up with this Statement. Maybe we should not stop there. You could quickly draft a Bill and include all these aspects that we are talking about so that we make it a law instead of just requesting for a Statement from the Ministry or the Chairperson in charge of this.

Do that. I want to be incorporated in that Bill. I know our time here now is very short. We can however move fast and establish a Bill on this particular one.

I urge the Committee to expedite looking into this matter and ensure that they report back to the House within the stipulated 60 days.

Thank you, Senator. Proceed, Sen. Farhiya Ali.

In my county, for example, there is a lot of land where they can do desert rides. The way they do it in Emirates. We have a very unique giraffe with nice colours in Wajir as well.

In Garissa, there is also some unique antelopes called, “Hirola.” It is not found in a lot of places. That is also an opportunity.

The other thing is that, sports is something that we should have exploited a long time ago. Look at India’s health tourism. People go there for health issues. They promote it so much. People know about it all over the world.

What is stopping us? We are known to be the best in the world in terms of long distance running. Why have we not taken an opportunity all this time and ensure that is part of our sports? In terms of creating very good facilities to ensure that people have a place where they can do their sports.

There is also another opportunity in northern Kenya for such things as well. In terms of, if you need a warm or cold weather. Whichever weather that you need in this country. It is available.

There is a lot of tourism that we can do around sports and other areas such as desert rides and all that. We have a lot of potential that we need to exploit to increase our income earned from tourism.

I thank you very much.

In my county, for example, there is a lot of land where they can do desert rides. The way they do it in Emirates. We have a very unique giraffe with nice colours in Wajir as well.

In Garissa, there is also some unique antelopes called, “Hirola.” It is not found in a lot of places. That is also an opportunity.

The other thing is that, sports is something that we should have exploited a long time ago. Look at India’s health tourism. People go there for health issues. They promote it so much. People know about it all over the world.

What is stopping us? We are known to be the best in the world in terms of long distance running. Why have we not taken an opportunity all this time and ensure that is part of our sports? In terms of creating very good facilities to ensure that people have a place where they can do their sports.

There is also another opportunity in northern Kenya for such things as well. In terms of, if you need a warm or cold weather. Whichever weather that you need in this country. It is available.

There is a lot of tourism that we can do around sports and other areas such as desert rides and all that. We have a lot of potential that we need to exploit to increase our income earned from tourism.

I thank you very much.

Thank you. Finally, the Chairperson of the Committee, Sen. (Dr.) Ali.

Thank you, Madam Deputy Speaker. I thank Sen. Cherargei for that statement. The Ministry and Committee concerned will try their best to make sure that these questions are answered and if they are not, those guys will take proper responsibility and we shall bring them before the Committee on Tourism, Trade and Industrialization.

I am warning the officials at the Ministry in advance; that once the question is relayed to them, they should answer in the rightful manner, shortest time possible and in the next two months or 60 days. It will be better if we can get a response before the 60 days’ period lapse. If we do not get proper answers we will summon them to appear before our Committee.

These are very important issues. There is a lot of duplication of parastatals leading to loss of a lot of money yet it is not clear what they all do. Some of the parastatals do a lot of work while others do not do much.

An institution such as the the Bomas of Kenya (BOK) is not even listed under the Ministry of Tourism and Wildlife. We do not even know where it is placed. I am told that it is nowadays under the Ministry of National Treasury and Planning again. I also do not know whether the Tourism fund is still under the Ministry of Tourism or it has been moved to the Ministry of National Treasury and planning.

There are issues of complaints and complications and we need them all to be answered. We will do our best to ensure that we get the right answers from the Ministry of Tourism and Wildlife and report to the House.

wonder wondering whether he going to prosecute his statement or not. There was a delay and we got your request late.

If Sen. (Dr.) Mbito is not online, we will consider his statement tomorrow. For now, we will go to Statements pursuant to Standing Order No.51 (1) (b). I call on the Chairperson of the Committee on Delegated Legislation, Sen. Faki, to read a statement on the activities of the Committee.

Madam Deputy Speaker, I rise pursuant to standing order No. 51 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Senate Sessional Committee on Delegated Legislation during the third and fourth quarters of the Fifth Session, that is, July to December, 2021.

Madam Deputy Speaker, the Senate Sessional Committee on Delegated Legislation is established under Standing Order No. 221 of the Senate Standing Orders. The Committee is mandated to scrutinize statutory instruments laid before the Senate to ensure that they are consistent with the provisions of the Statutory Instruments Act, 2013.

The Sessional Committee on Delegated Legislation is comprised of the following Members -

Madam Deputy Speaker, I rise pursuant to standing order No. 51 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Senate Sessional Committee on Delegated Legislation during the third and fourth quarters of the Fifth Session, that is, July to December, 2021.

Madam Deputy Speaker, the Senate Sessional Committee on Delegated Legislation is established under Standing Order No. 221 of the Senate Standing Orders. The Committee is mandated to scrutinize statutory instruments laid before the Senate to ensure that they are consistent with the provisions of the Statutory Instruments Act, 2013.

The Sessional Committee on Delegated Legislation is comprised of the following Members -

Thank you Senator. Next Order.

(Sen. Poghisio on 23.2.2022 - Morning Sitting) (Resumption of debate interrupted on 23.2.2022 - Morning Sitting) Hon. Senators, for the convenience of the House and as we wait for the whips, I defer the division until they are ready.

(Bill deferred) Next Order.

The Deputy Speaker (

Thank you. Senators, we will go to the Committee of the Whole.

Sen. Olekina, you stand in as the Chairperson. So, you can take your seat.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered The Lifestyle Audit Bill (Senate Bill No.36 of 2021) and seeks leave to sit again tomorrow.

Mover, proceed.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said Report, and request Sen. Kavindu Muthama to second.

Hon. Senators, Order No.13 is also deferred.

I direct that Orders Nos.16 and 17 be deferred.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered The Lifestyle Audit Bill (Senate Bill No.36 of 2021) and seeks leave to sit again tomorrow.

Mover, proceed.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said Report, and request Sen. Kavindu Muthama to second.

Madam Temporary Speaker, I second.

I direct that Orders Nos.16 and 17 be deferred.

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until Wednesday 2nd March, 2022 at 10.00 a.m.

The Senate rose at 3.34 p.m.