Tuesday, 28th March, 2023

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

I am informed we do have the requisite quorum now, so stop ringing the Quorum Bell.

First Order.

I request each Member of the delegation to stand when called out so that you may be acknowledged in the Senate tradition.

Hon. Philip Ekuwam Lomuria - Deputy Speaker Hon. Michael Ewoi - Member Hon. Mary Arupe Nakapwan - Member Hon. Samwel Aliwo - Member Mr. Patrick Tioko Eng’ori - Director, Legislative Services Ms. Roseline Aite - Deputy Director, Legislative Services Mr. Jacob Lokwee - Principal Clerk Assistant Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to the Delegation and, on behalf of the Senate and on my own behalf, wish them a fruitful visit.

(Applause) I do not see the Senator of Turkana in the House so I will delegate that to the Leader of Majority to do the honours of welcoming the delegation.

Thank you, Mr. Speaker, Sir, for giving me this chance to welcome the visiting Delegation from Turkana County. Turkana is a very important county in the matrix of devolution. It seats at the very apex of our country’s map.

On many occasions we have had an opportunity to reflect on the success that has been devolution in this country. Turkana is listed as among the proper testimonials of what devolution has brought to this country. The picture that many have of Turkana before and after devolution is quite impressive.

There is great room for improvement. The fact that the County Assembly leadership is here together with the team that is charged with the responsibility of taking Turkana to the next level, we do celebrate and hail them for the work that they are doing.

I hope that in the course of their study here in Parliament, they will get to interact. I am told they were earlier with Members of certain committees. I hope they will get to have a full learning occasion and enjoy to the fullest of satisfaction. I welcome this team and wish them well.

Sen. (Dr.) Oburu, kindly have your seat.

The approval of the 5th Report of the Procedure and Rules Committee on the amendments to the Senate Standing Orders paves the way for Cabinet Secretaries (CSs) to appear before the Senate to respond to Questions.

In approving the amendments to the Standing Orders, the Senate also resolved that the Amendments shall take effect from Tuesday, 11th April, 2023, and further varied the hours of meetings to provide for Sittings on Wednesday morning. In this regard, I wish to guide the Senate on the procedure in which Questions shall be considered.

Hon. Senators, as is the standard practice, a Senator who wishes to ask a question will be required to deliver a signed copy of the question to the Clerk of the Senate. The Clerk shall process the question in line with Standing Order No.51B and submit the notification to my office for approval. Upon approval, the Clerk will be required to convey the questions to the relevant CS.

The Clerk will also submit a list of questions to be asked to the Senate Business Committee (SBC), which shall schedule a date and time for appearance of the relevant CS before the Senate to respond to the question.

The Clerk will be required to give a CS at least seven days’ notice before the date appointed for the CS to appear before the Senate.

Upon approval of the schedule by the SBC, the Clerk will be required to publish on the Parliamentary Website and circulate to Senators a schedule of all questions not later than the Friday preceding the day upon which the question is to be responded to by the relevant CS.

A Cabinet Secretary will in turn be required to provide a physical and electronic copy of a response to a question at least twenty-four hours before appearing before the Senate.

Hon. Senators, questions shall be dispensed with in the manner approved by the SBC and as scheduled in the Order Paper. A Senator shall only ask his or her question on the day it is scheduled in the Order Paper.

Senators will be required to address questions to the CS pursuant to Standing Order 51C (1), in the manner approved by the Speaker. It shall be out of order to introduce a new question on the floor of the Senate.

Similarly, questions that are not listed in the Order Paper and therefore not approved by the Speaker, and accordingly not scheduled by the SBC, will not be permitted on the Floor of the Senate, and their introduction will be out of order.

Pursuant to Standing Order 51C (2), a Senator may, in writing, nominate another Senator to ask a question on his or her behalf where the Senator shall be absent on the day on which the question is listed. Senators, kindly walk in.

After a CS has responded to a question, the Standing Orders gives the Speaker power to allow the Senator who asked the question to raise a maximum of two supplementary questions that relate to the original question. Any other Senator will be allowed to ask one supplementary question.

Hon. Senators, concerning access to the Chamber by CS, and appreciating the limited sitting capacity of the Chamber, I have designated the place adjacent to the Chair on the right, as the appropriate place where CS will make responses to questions.

This is the usual place where Administration of Oath ordinarily takes place. The CS may be accompanied by a maximum of three officers from the Ministry, who will take seats to the right of the Chair reserved for public officers.

The question framework obviously demands that the management of the time of the Senate is done prudently. In this respect, I direct that each question scheduled shall not take more than twenty minutes. This should account for the original question and the supplementary questions.

Cabinet Secretaries will be required to be succinct in making their responses to questions, but may submit to the Clerk, documents in support of oral responses, which will be deemed to have been tabled upon receipt by the Clerk.

Pursuant to Standing Order No.51C(6)(c), CSs may make statements or provide reports to the Senate on other matters pertaining to their respective dockets with the leave of the Speaker. In this respect, and appreciating the limitation of time, a CS may address the Senate on only one matter for not more than twenty minutes.

Whenever a CS addresses the Senate, the CS shall be heard in silence. Interventions and Points of Order will not be entertained when the CS is making his/her submission. Senators may react to the submission by CSs through supplementary questions. I therefore implore upon hon. Senators to acquaint themselves with Standing Order 98. Unnecessary interruption of a CS in the course of his or her submission to the Senate will not be entertained.

Hon. Senators, in light of the new Standing Orders, there have been concerns as to the power of Committees to cause the attendance of CSs to answer matters for which a CS is responsible.

Concern has been expressed that the new Standing Orders have taken away the requirement for CS to appear before Select Committees. The Standing Orders as a whole are facilitative and procedural in their nature, and they are not the basis for which a substantive right, privilege or requirement is conferred or otherwise taken away. These, are the domain of the Constitution and statute law and not the Standing Orders.

It must be made clear that the amendments to the Standing Orders to provide for CSs to respond to questions in the House does not override or overturn the requirement of Article 153 (3) and (4) (b) of the Constitution. CSs will still have the obligation to adhere to this Article, when required by a committees of the Senate.

Further, Article 125 of the Constitution has similarly not been overturned by the new Standing Orders. In any event, hon. Senators, no statute, regulation or subsidiary regulation for that matter, can override the Constitution. The Constitution is the supreme law of the land. Any other law that is in contradiction of the Constitution, then, to the

extent of that contradiction, that law is null and void. We place the Constitution as the supreme and mother law. Therefore, the House or any of its Committees, may invoke its provisions in the discharge of the mandate of the Senate.

Hon. Senators, given that this is a new process, I appeal for utmost cooperation from Senators. I urge Senators to familiarise themselves with the new procedure ahead of its application upon resumption of sittings after the Short Recess, pursuant to the Calendar. It is my sincere hope that, the Question tool, aside from Statements, Petitions, Motions and Bills will enhance our oversight mandate and the Executive’s accountability to Parliament and by extension to the people of this Republic. The House is guided accordingly.

Thank you.

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

Proceed, Sen. (Dr.) Khalwale.

Thank you, Mr. Speaker, Sir. The Communication you have just made is historical in the sense that, you have now made a pronouncement on what will form, going forward, the most important oversight tool in this Senate. This is especially---

Sen. (Dr.) Khalwale, just have your seat. I will come back to you.

I have stated on numerous occasions, that there is a place for points of order in these Standing Orders. Kindly look at Standing Order No.98 of our Standing Orders. It is the only Standing Order that talks about points of order. It explains when a Senator can actually rise on a point of order. If your point of order is not within the provisions of Standing Order No.98, then, I am afraid I may not allow you to proceed.

Thank you, Mr. Speaker, Sir. I am well informed of what you are saying. All I wanted is to request that you shed clarity on a matter which is very critical. Most of the questions from the Senate, unlike in the National Assembly, will lean towards issues of devolution.

In the structure of the current Government, there is no Cabinet Secretary (CS) for Devolution and Planning. However, there is a Principal Secretary (PS) in the Office of the Deputy President, responsible for issues of devolution.

Therefore, I want you to clarify whether the Deputy President will respond to questions that lean towards devolution. What is more, clarify whether Chief Administrative Secretaries (CASs) will have a role, lest they end up being sent here when we do not expect them.

Sen. (Dr.) Khalwale, one; that is not a point of order. Secondly, I think when this matter was debated and amendments passed on the Floor of the House, you were not here. I kindly implore upon you to take time and read the amendments. The answers to all your concerns are contained therein.

Next Order, Clerk.

Let us have, Sen. Cherarkey or someone holding his brief.

Before the Clerk calls for the next Order, hon. Senators, allow me to make this further Communication.

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon, visiting students from the University Students Association in Kisumu County. The delegation comprises 35 students, who are in the Senate for one day academic exposition.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

I will allow the Senator of Kisumu County---

Sen. (Dr.) Khalwale, I suppose you have been in this Chamber longer than anyone else. When the Chair is upstanding and speaking, you do not move from your chair. Kindly, resume your seat and take this as your first warning for the afternoon. You are out of order.

Thank you.

I will allow the Senator for Kisumu County to make very brief welcoming remarks. Kindly, welcome the delegation.

Is Sen. (Prof.) Ojienda not in the Chamber?

Yes, ‘youth leader.’

Mr. Speaker, Sir, I did not get it. They are a delegation from which--- An. hon. Senator: Kisumu County.

Yes, it is from Kisumu County but from which institution?

Hon. Senator, it is a University Students Association from Kisumu County.

Thank you, Mr. Speaker, Sir. In our tradition as the Senate, I would like to take this opportunity to welcome the delegation from the great Kisumu County.

Kisumu County is not only great because it is our headquarters but it is also the entry point in to the whole of East Africa. Actually, it should be the commercial centre for the whole of East Africa.

I am happy to welcome this delegation. I hope that during their stay here, they will gain something from the debates. This Senate is very vibrant. I find it very interesting because almost every Senator, if they wish to, has an opportunity to speak, unlike the other House where the numbers are so great that you might be there for five years and not even be heard. Here, you will hear your Senator.

Even though your Senator for Kisumu County is on other side, he is also a very vocal Senator. I wish he was here to speak and welcome you. However, I am also a resident of Kisumu County. That is where I was born and grew up. Therefore, I take this opportunity to welcome you here.

Next Order, Clerk. Senate Majority Leader, do you have Papers to lay?

Mr. Speaker, Sir, I beg to lay the following paper on the Table of the Senate, today the 28th March, 2023.

Report of the Statutory Instruments (Exemption from Expiry) Regulations,

Next order. The Senate Majority Leader, kindly proceed.

Mr. Speaker, Sir, I beg to give Notice of the following Motion.

THAT, notwithstanding the Resolution of the Senate on the approval of the Senate Calendar made on 16th February, 2023 and noting the Resolution of the Senate made on Thursday, 23rd March, 2023, on the Fifth Report of the Procedure and Rules Committee (PRC) on the amendments to the Standing Orders of the Senate; and pursuant to Standing Order No. 32 (4) , the Senate resolves to amend its Calendar (Regular Sessions) of the Senate for the Second Session, 2023 to provide for morning sittings on Wednesdays pursuant to Standing Order No. 34.

Sen. Mumma. You were supposed to give a Notice of Motion.

Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion-

AWARE THAT, the 2030 agenda for Sustainable Development adopted by all the United Nations Member States in 2015, provides a shared global blueprint aimed at ending poverty, protecting the earth’s environment and climate and ensuring that people everywhere enjoy peace and prosperity; APPRECIATING THAT, the implementation of the 2030 agenda for Sustainable Development in Kenya started by the official launch of the Sustainable Development Goals (SDGs) in Kenya in 2016, followed by the development of the Country SDGs roadmap to guide the transition from Millennium Development Goals to SDGs and the mainstreaming of the SDGs at both the National and County Governments;

CONCERNED THAT, the implementation of the 2030 agenda for sustainable Development in Kenya has been affected negatively by various shocks such as continued drought since 2019 in Kenya and around the world, serious invasion by desert locusts, the COVID-19 pandemic and other public health calamities and the current strained state of the Kenyan economy; NOW THEREFORE, the Senate resolves that the State Department for Economic Planning in consultation with the Council of Governors comes up with reviewed implementation roadmaps for the two levels of Government, taking into account the shocks that have impeded or any other that are likely to impede the implementation of the 2030 agenda for Sustainable Development. I beg to give Notice.

Next Order, Clerk.

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

What is it Sen. Oketch Gicheru?

Proceed, Sen. Gataya Mo Fire.

Thank you, Mr. Speaker, Sir.

What is your point of order, Sen. Oketch Gicheru?

Mr. Speaker, Sir, I beg to give Notice of the following Motion, pursuant to Standing Order No. 37.

THAT, the Senate do adjourn to discuss a definite matter of urgent national importance, namely; the deteriorating security situation in the country. Thank you, Mr. Speaker, Sir.

I do confirm that there are more than five Senators as required by Standing Orders and therefore I do nominate 5.30 p.m. to be time we will adjourn this particular Motion.

Thank you, Mr. Speaker, Sir.

Next Order.

Sen. Lemaltian is out on Parliamentary duties. Unless someone has been nominated to act on her behalf, otherwise that Statement stands deferred.

We move to the statement by Sen. Osotsi.

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 disbursement of funds to County Governments.

In the Statement, the Committee should -

Sen. Osotsi, you have read the Statement.

Thank you, Mr. Speaker, Sir.

Hon. Senators, the Statements hour started at 3.06

Thank you, Mr. Speaker, Sir. I rise to support this Statement. There has been a serious problem in the counties. There has been delay of monies which has not been properly explained at the Council of Governors (CoGs) . Nevertheless, there have been good promises that the monies would be sent to counties.

Mr. Speaker, Sir, when the salaries of counties are not paid on time, we run the risk of not motivating workers to do their job of devolution well. Remember, devolution is why we are here. It is a very serious matter.

I am keen to represent the people of Makueni and make sure that monies reach the county earliest and that the services of the county proceed as early as possible.

Proceed, Sen. Abass.

Thank you, Mr. Speaker, Sir. I beg to support the Statement. What is happening in the counties is an unfortunate situation. Most of the staffs do not receive their salaries in time. The governors are forced to get money from banks on loan and at times, the money is not released within four to five months.

For instance, in my county, for the last five months, no money has been released and workers have not been paid. The governor has gotten money from the banks. While the national Government is paying its own staff on time, the counties staffs are not paid on time. These are employees of the Government of Kenya, whether they are in the national or county governments. Therefore, they must get their money in time.

I support the Statement from Sen. Osotsi.

Proceed, Sen. Sifuna:

Thank you, Mr. Speaker, Sir. I also rise to give strength to the Statement by Sen. Osotsi.

As you know, I am a Member of the Public Accounts Committee (PAC) . In the past few weeks, two counties appeared before us. One of the most interesting things is that because of the delays in the disbursement of exchequer to the counties, many are unable to remit their Pay as you Earn (PAYE) obligations.

Mr. Speaker, Sir, it is interesting. I will give the example of the County Assembly of Trans Nzoia which appeared before us last week.

In the 2019/2020 Financial Year, they failed to submit Kshs7.9 million, PAYE to the Kenya Revenue Authority (KRA) . They were hit with a Kshs16 million penalty and Kshs2 million interest by KRA, the same organization that is supposed to collect and also give them the money.

We are in a big problem at the counties. I wish that we, as a Senate, can at least, find a way to ensure that the resources that are due to the counties are sent there on time.

Proceed, Sen. Wafula.

Proceed, Sen. Wafula.

Proceed, Sen. Mumma.

Thank you, Mr. Speaker, Sir. I stand to support this Statement by Sen. Osotsi. The Senate exists to support county governments. County public servants are human beings. They are fathers, mothers and people with aspirations like anyone of us.

Mr. Speaker, Sir, if our salaries came late even by a day, that will really hurt us. As a Senate, our voice is not strong enough around advocating for the rights of the public servants in the county governments. I call upon the Members of the Senate to do what it takes for the national Government and the relevant institutions to see the point that salaries and wages are basic human rights. They cannot be delayed.

I support.

Proceed, Sen. Kisang.

Thank you, Mr. Speaker, Sir. I also rise to add my voice. It is unfortunate for employees of the county to go three months without salaries. This is because there are those who have loans in the bank and they accrue interest and penalties. There are those who feel sick and maybe they want to go to hospital but the National Hospital Insurance Fund (NHIF) cannot pay for the bed because NHIF deductions would not have been paid same to the National Social Security Fund (NSSF) and PAYE.

Mr. Speaker, Sir, I believe KRA should be the last entity to penalize the counties. This is because they are the ones who are supposed to be raising the funds to be sent to the counties. If they penalize the counties and they are the ones who have not given all the money, then it is unfortunate. They need to negotiate with counties.

However, this issue of delay in payment should not arise at all. This is because, if the national Government employees in the Ministries do not get late salaries, how comes salaries of county employess is getting delayed salaries? This is unfortunate.

I support the Statement by Sen. Osotsi.

Proceed, Sen. Olekina.

Thank you, Mr. Speaker, Sir. As I rise to support this Statement, I just want to correct that this Senate did not pass the disbursement schedule in January.

Thank you, Mr. Speaker, Sir. As I rise to support this Statement, I just want to correct that this Senate did not pass the disbursement schedule in January.

Thank you, Mr. Speaker, Sir. I also want to join my colleague Senators in supporting the Statement by Sen. Osotsi.

Currently, as it is, all development projects have stalled. When development projects, it is like we are now fighting or clawing back on devolution. Whatever is happening is now clawing back on devolution several years after devolution was effected.

As the Senate, I think we are not biting enough. It is time to bite and clearly show we are here speaking on behalf of ordinary citizens out there who are relying on these services to go down to the smallest level at the grassroots.

Late disbursement means that the issue of tenders being awarded will come late and people will then be paid late on when there is no money or money has already been allocated to other functions.

So, Sen. Osotsi, this is timely. It is also an opportunity for the Senate to get answers from some of these Cabinet Secretaries because we amended the Standing Orders to allow them to show up here so that we have prompt responses and services get closer to the people who brought us to this Senate.

I thank you.

We will move to the next Statement. Sen. Sifuna, you have the Floor.

We will move to the next Statement. Sen. Sifuna, you have the Floor.

Sen. Sifuna, you had another Statement. Kindly proceed.

Sen. Sifuna, you had another Statement. Kindly proceed.

Senator Tabitha Mutinda, you have the Floor.

Thank you Mr. Speaker, Sir. I rise to support, the Statement by Sen. Sifuna, the Senator of Nairobi City County.

Thank you Mr. Speaker, Sir. I rise to support, the Statement by Sen. Sifuna, the Senator of Nairobi City County.

Thank you, Mr. Speaker, Sir. I also stand to support; the Statement being sought by Sen. Sifuna.

This disease called “grabiosis” is such a serious disease in our country that you find greedy leaders seizing any empty land. I was told by a pilot when I was flying in a chopper that there are some leaders when they are carried in the chopper and they see an open land, they tell the pilot: “Can you take the coordinates of this area?” They want to know who the owner is so that they can come and grab that land. This is a disease which we must find a way of dealing with. The appetite is growing. I think in this system here, the appetite has increased even more that before.

I support this Statement being sought by Sen. Sufuna. Let us see how we can tame this disease called “grabiosis”.

I thank you.

We shall move to the next Statement. Is Sen. Murgor not here? The Statement is deferred.

We shall move to the next Statement. Is Sen. Murgor not here? The Statement is deferred.

Mr. Speaker, Sir, I rise to request for a Statement on the status of---

Sen. Okenyuri. I know your name. Certainly, you are not Sen. Mundigi.

Mr. Speaker, Sir, he requested that I read on his---

Then start by placing yourself properly on record.

Then start by placing yourself properly on record.

Mr. Speaker, Sir, I am reading this Statement on behalf of Sen. Mundigi the Senator for Embu County.

I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on the state of Macadamia nuts production and marketing in Kenya.

In the Statement the committee should -

Sen. Maanzo, please proceed.

Sen. Maanzo, please proceed.

Sen. Cheptumo, please proceed.

Mr. Speaker, Sir, I also rise to support the Statement. When it comes to macadamia specifically, there is need for the Ministry in charge to see how best they can facilitate farmers to strengthen and enhance production and marketing of that farm produce.

This is an agricultural country because our economy is supported by agriculture. In areas like Kerio Valley, we have cotton being grown. As we focus on macadamia, it is equally important for the committee to look at specific areas in this country where specialised crops like cotton, which used to bring us a lot of money in Kerio Valley, are grown. Today, it’s production is minimum.

If the Ministry in charge of agriculture zones specific areas and enhances production of crops grown in those areas, the country will go a long way. We are doing well to ensure that we improve productivity by giving subsidies to farmers of maize.

We are also trying to reform coffee and tea sectors. Little focus is given to some crops which are not spread in our country. I believe it is important for the committee responsible to also look at some of the areas like Kerio Valley and focus on cotton which is equally an important product in our sector.

Mr. Speaker, Sir, it is a good Statement and I support.

Sen. Olekina, please proceed.

Mr. Speaker, Sir, a couple of days ago, a small video clip was being translated to me, where the distinguished Senator for Kirinyaga was crying because of the way his farmers have been terrorised by brokers.

Mr. Speaker, Sir, a couple of days ago, a small video clip was being translated to me, where the distinguished Senator for Kirinyaga was crying because of the way his farmers have been terrorised by brokers.

Sen. (Dr.) Murango, please proceed.

Asante Bw. Spika kwa kunipa nafasi hii. Kwanza, ningependa unipe mwelekeo kwa sababu aliyeleta Taarifa hii ni Naibu wangu katika Kamati ya Agriculture, Livestock and Fisheries.

Bw. Spika, nieleze iwapo mtu anafaa kujiuliza swali. Swali lililoulizwa na Sen. Munyi Mundigi kama Naibu Mwenyekiti, litakuja kwake ama kwetu pia.

Pili, jambo lililoulizwa ni la maana sana kwa kuwa juzi tu, nililalamikia jambo hilo kama alivyosema Sen. Olekina. Nilipokuwa nafanya uchunguzi wangu, nilienda dukani kwenye makadamia. Swala hili linahusu makadamia, korosho na bixa.

Nilizungumza na Sen. Wafula, naye akanieleza pia huko Tongaren, wako na shida iyo hiyo ambapo makadamia yananunuliwa kwa Kshs20. Gramu 150 ya macadamia

Asante Bw. Spika kwa kunipa nafasi hii. Kwanza, ningependa unipe mwelekeo kwa sababu aliyeleta Taarifa hii ni Naibu wangu katika Kamati ya Agriculture, Livestock and Fisheries.

Bw. Spika, nieleze iwapo mtu anafaa kujiuliza swali. Swali lililoulizwa na Sen. Munyi Mundigi kama Naibu Mwenyekiti, litakuja kwake ama kwetu pia.

Pili, jambo lililoulizwa ni la maana sana kwa kuwa juzi tu, nililalamikia jambo hilo kama alivyosema Sen. Olekina. Nilipokuwa nafanya uchunguzi wangu, nilienda dukani kwenye makadamia. Swala hili linahusu makadamia, korosho na bixa.

Nilizungumza na Sen. Wafula, naye akanieleza pia huko Tongaren, wako na shida iyo hiyo ambapo makadamia yananunuliwa kwa Kshs20. Gramu 150 ya macadamia

Thank you, Sen. (Dr.) Murango. Indeed, it is in order for Sen. Munyi Mundigi to seek a Statement from that Committee, although he is a Member. There is a difference between Mundigi, the Senator for Embu County and the Standing Committee on Agriculture, Livestock and Fisheries.

We shall move to the next Statement by Sen. Cherarkey.

Thank you, Sen. (Dr.) Murango. Indeed, it is in order for Sen. Munyi Mundigi to seek a Statement from that Committee, although he is a Member. There is a difference between Mundigi, the Senator for Embu County and the Standing Committee on Agriculture, Livestock and Fisheries.

We shall move to the next Statement by Sen. Cherarkey.

That Statement is deferred because Sen. Cherarkey is not present.

We shall move to Sen. (Dr.) Murango.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism, regarding the marketing of Kenyan produce in foreign markets.

In the statement, the Committee should -

imports of goods produced locally and to increase demand for local produce.

goods like tea, coffee, and horticultural produce to increase the volume of exports. Thank you. Mr. Speaker, Sir, I have another Statement under Standing Order No.53(1).

Hon. Senators, before I give Senators opportunity to comment on that request for Statements, allow me to make a Communication.

Mr. Speaker, Sir, thank you for the opportunity to welcome the students from Lenana School. I can see a few of them are remaining because I know they wear maroon, grey and white. The colors were a bit confusing for me.

This is one of the earliest high schools in Kenya, having been founded in 1949. When I was told they were here, I tried to do a cursor research of some of the prominent Members who are alumni of the School. I did not come across the name of the Senator for Homa Bay County but he assures me that he went to Lenana School. He will tell us.

I have also been informed that in this House, there is also a dropout from Lenana School.

Mr. Speaker, Sir, he will introduce himself. He is the one who confessed to me that he dropped out of Lenana School.

It is good to hear that the Senator for Homa Bay County is one of them because the names which were coming up were a bit scary. A few examples are Mr. Wafula Chebukati, Hon. Prof. Kindiki, Hon. Joe Mucheru, Hon. Johnson Sakaja – the current Governor for Nairobi City County. At least, the Senator for Homa Bay County will have nice things to say.

I welcome them to the Senate and assure them that I have had a conversation with the current Governor for Nairobi City County, who is an alumnus of the school. The school is located in Dagoretti South and you have to make a U-turn on Ngong’ Road before you get to the School. There is a very bad section of the road between Ngong’ Road and the School gate. However, the Governor has assured me he will resolve the question of the road once and for all before his term ends.

Mr. Speaker, Sir, I wish them all the best during their tour. Just like their motto says, ‘Nothing but the Best’, I have chosen the English version because the Latin one might give me problems owing to the fact that I am a member of the Mulembe nation. You must always insist on nothing but the best and I hope that they have a fruitful tour.

Mr. Speaker, Sir, thank you for the opportunity to welcome the students from Lenana School. I can see a few of them are remaining because I know they wear maroon, grey and white. The colors were a bit confusing for me.

This is one of the earliest high schools in Kenya, having been founded in 1949. When I was told they were here, I tried to do a cursor research of some of the prominent Members who are alumni of the School. I did not come across the name of the Senator for Homa Bay County but he assures me that he went to Lenana School. He will tell us.

I have also been informed that in this House, there is also a dropout from Lenana School.

Mr. Speaker, Sir, he will introduce himself. He is the one who confessed to me that he dropped out of Lenana School.

It is good to hear that the Senator for Homa Bay County is one of them because the names which were coming up were a bit scary. A few examples are Mr. Wafula Chebukati, Hon. Prof. Kindiki, Hon. Joe Mucheru, Hon. Johnson Sakaja – the current Governor for Nairobi City County. At least, the Senator for Homa Bay County will have nice things to say.

I welcome them to the Senate and assure them that I have had a conversation with the current Governor for Nairobi City County, who is an alumnus of the school. The school is located in Dagoretti South and you have to make a U-turn on Ngong’ Road before you get to the School. There is a very bad section of the road between Ngong’ Road and the School gate. However, the Governor has assured me he will resolve the question of the road once and for all before his term ends.

Mr. Speaker, Sir, I wish them all the best during their tour. Just like their motto says, ‘Nothing but the Best’, I have chosen the English version because the Latin one might give me problems owing to the fact that I am a member of the Mulembe nation. You must always insist on nothing but the best and I hope that they have a fruitful tour.

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

What is your point of order Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, did you hear the Senator for Homa Bay refer to the Cabinet Secretary (CS) using derogatory language? He used unparliamentarily language to the extent that he suggested that there are times when hon. (Prof.) Kindiki is lucid. Is that Parliamentary? Even if you are saying hi, you have said hi.

Sen. M. Kajwang, that was uncalled for. Kindly proceed to lift it out of your pronunciation today and conclude your welcoming remarks.

Thank you, Mr. Speaker, Sir.

Let them be wonderful welcoming remarks.

Mr. Speaker, Sir, Hon. (Prof.) Kindiki is generally a wonderful guy; generally.

I want to encourage the boys from the “Changes--’

Kindly withdraw the words ‘lucid moments’.

Mr. Speaker, Sir, I will withdraw it. Perhaps his lucidity is

Proceed to conclude your remarks.

Mr. Speaker, Sir, I encourage the boys from “Changes”, to let ‘Changes’ change them from boys to men and real men at that. Let ‘Changes’ change you from villager to nationalist.

If you look at the political landscape, there is quite a number of “Changerians” as well as “Busherians”. To the boys in the Gallery, the Chairperson of this House is a “Busherian”. I think a very polished one. Earlier on, I was complaining that perhaps the Clerk of the House who is an old Boy of Starehe possibly did not want the “Changerians” to be acknowledged. I withdraw those earlier allegations.

How I wish many Members in this House would have had the privilege of going to “Changes”. This is because sometimes you hear some ‘villageness’ and some things that good schooling would have squeezed out. The boys from “Changes”, please keep it up. This is a wonderful school. Keep up the White Rose of York Emblem and go for nothing but the best.

Mr. Speaker, Sir, I encourage the boys from “Changes”, to let ‘Changes’ change them from boys to men and real men at that. Let ‘Changes’ change you from villager to nationalist.

If you look at the political landscape, there is quite a number of “Changerians” as well as “Busherians”. To the boys in the Gallery, the Chairperson of this House is a “Busherian”. I think a very polished one. Earlier on, I was complaining that perhaps the Clerk of the House who is an old Boy of Starehe possibly did not want the “Changerians” to be acknowledged. I withdraw those earlier allegations.

How I wish many Members in this House would have had the privilege of going to “Changes”. This is because sometimes you hear some ‘villageness’ and some things that good schooling would have squeezed out. The boys from “Changes”, please keep it up. This is a wonderful school. Keep up the White Rose of York Emblem and go for nothing but the best.

Sen. (Dr) Murango, kindly proceed.

Asante Bw. Spika kwa kunipa nafasi kuwakaribisha wanafunzi wa kutoka Kimugumo Girls. Shule hii iko Gichugu. Hiyo shule iko mahali ambapo Gavana wa Kirinyaga Mheshimiwa Ann Waiguru ametoka. Ningesema ya kwamba mnapotia bidii na fora katika masomo yenu, mko na watu walioko mbele yenu wanawowanyesha kuwa masomo ni muhimu. Mkiweka bidii, mtaenda mbali sana.

Mimi shule niliyosomea, mimi ndiye nilikuwa mwanafunzi pekee. Sikuwa na nafasi ya kwenda shule kama Lenana School au shule iliyo na wanafunzi wengi. Shule yetu ilikuwa na mwalimu mmoja. Hivyo basi, hiyo ni historia ambayo nitapeana siku nyingine. Kuwa mwalimu mmoja, ukiwa mwanafunzi mmoja na unaanzia huko peke yako, ilinibidi nitunge sheria pamoja na mwalimu. Hiyo pia inasaidia mahali yake.

Nawakaribisha wanafunzi. Najua tukimaliza hapa tutaonana pale nje. Tuna desturi yetu ya watu wa Kirinyaga. Nawashukuru na kuwakaribisha siku ya leo. Mtasoma mengi.

Asanteni sana.

Back to the Statement by Sen. (Dr) Murango. Sen. Mungatana, you may proceed.

Mr. Speaker, Sir, I wanted to make a contribution to the Statement by Sen. (Dr) Murango that is directed at the Standing Committee on Tourism,

Mr. Speaker, Sir, I wanted to make a contribution to the Statement by Sen. (Dr) Murango that is directed at the Standing Committee on Tourism,

Sen. Joe Nyutu, you may proceed.

Thank you Mr. Speaker, Sir. I rise to support the Statement by Sen. (Dr) Murango of Kirinyaga County who is seeking information from the Standing Committee on Labour and Social Welfare. I need to add my voice to that.

It is true that we are exporting labour, especially to the Middle East. This can be an important job market for us. We need foreign exchange which is in short supply. If our Government makes government-to-government arrangements and agreements with the countries, where we export labor including but not limited to domestic servants. In this Country, we also have medical doctors that do not have jobs. I know that their services are in high demand in other countries.

In supporting Sen. (Dr.) Murango’s Statement, we should look at these issues seriously so that we reduce unemployment in our Country. I hope that when our people go out there to offer their services, their rights will be protected and they will be paid in a way and manner that is not exploitative. I urge the Government to see to it that they make bilateral arrangements and agreements with the concerned countries.

I support.

Proceed, Sen. Mumma.

Thank you, Mr. Speaker, Sir. I stand to support Sen. (Dr.) Murango’s Statement to the Committee on Trade, Industrialization and Tourism which has come in other versions in previous Senates.

It is my view that this country does not value farmers. The farmer who elects to plant avocado, will find a broker who wants to take an avocado for as little as Kshs8 or 10 to sell it for a lot of money. That is what is happening to macadamia, maize and sugarcane farmers.

For some of us who are here for the first time, this narrative has always been in this House. Is there something that the Senate or the Government can do to support farmers? When farmers make losses, they can decide to cut down coffee and tea trees because a few people exploit them.

Mr. Speaker, Sir, beyond what has been asked, I request that the Committee looks at radical solutions, including the possibility of setting up teams that can give farmers minimum price on the different products within the agricultural sector.

I support.

Thank you, Mr. Speaker, Sir. I stand to support Sen. (Dr.) Murango’s Statement to the Committee on Trade, Industrialization and Tourism which has come in other versions in previous Senates.

It is my view that this country does not value farmers. The farmer who elects to plant avocado, will find a broker who wants to take an avocado for as little as Kshs8 or 10 to sell it for a lot of money. That is what is happening to macadamia, maize and sugarcane farmers.

For some of us who are here for the first time, this narrative has always been in this House. Is there something that the Senate or the Government can do to support farmers? When farmers make losses, they can decide to cut down coffee and tea trees because a few people exploit them.

Mr. Speaker, Sir, beyond what has been asked, I request that the Committee looks at radical solutions, including the possibility of setting up teams that can give farmers minimum price on the different products within the agricultural sector.

I support.

Mr. Speaker, Sir, thank you for the opportunity. I rise to support the Statement sought by Sen. (Dr.) Murango, from the Standing Committee on Labour and Social Welfare. I note that labour export is a strategy that has been utilized by many developing countries, to tackle the issue of unemployment and underemployment.

For example, Philippines is one of the best labour exporting nations. It has a model that has enabled it to export labour to over 200 nations across the globe. They earn close to USD17 billion in foreign exchange because of exporting expert labour to different nations.

Mr. Speaker, Sir, therefore, the Government must be called to account to indicate how first the passports are being issued to young people who are seeking for employment outside the nation of Kenya, how quick it is to certify their academic credentials or qualifications and enhance any processes that stands between the young people and exportation of labour to the region.

We must also note that Kenya has actively supported many nations across the region which have been unstable in yester years, to enhance service delivery in their nations. They include countries such as Somalia, Democratic Republic of Congo (DRC) , Sudan and many other nations. Time has now come for that area to be closed out, so that we can have more youths employed out there and earn income.

Proceed, Sen. Tabitha Mutinda.

Thank you, Mr. Speaker, Sir. I rise to support the Statement by the Senator of Kirinyaga, Sen. (Dr.) Murango, on the issue that is supposed to be tabled at the Committee on Labour and Social Welfare.

One, the issue of job opportunities in this country is very important. We have seen that our youth have tried really hard to acquire certifications and credentials. Like everybody, they have dreams to pursue their careers in different parts of this world.

I support this Statement and urge ambassadors in different countries, especially those in the United Arab Emirates (UAE) , to get data of Kenyans in foreign countries, the jobs they do, the database that the Ministry of Foreign and Diaspora Affairs and ambassadors in foreign countries have and the certifications that are being offered?

I am happy that last week, my colleagues were able to support my Statement. I had enquired about the courses and technology that institutions are offering that will enable students to get jobs abroad; especially the household jobs among many other technical jobs. That does not limit Kenyans with other levels of education to go abroad to get jobs.

It is very important to understand. Through this understandability, we will gauge what we can add or improve on so that we open more doors to our youth and Kenyans who want to work out there. We also need to know the impact of people who have worked abroad and what have they have invested. In a nutshell, we need to open more doors for Kenyans in the diaspora.

Proceed, Sen. Oketch Gicheru.

Thank you, Mr. Speaker, Sir. I add my voice to the issue of labour, as sought by Sen. (Dr.) Murango.

Thank you, Mr. Speaker, Sir. I add my voice to the issue of labour, as sought by Sen. (Dr.) Murango.

Thank you, Mr. Speaker, Sir. I also rise to support the Motion from Sen. (Dr. ) Murango on the issue of marketing of Kenya’s produce in foreign markets.

Thank you, Mr. Speaker, Sir. I also rise to support the Motion from Sen. (Dr. ) Murango on the issue of marketing of Kenya’s produce in foreign markets.

Before I call upon the Senate Majority Leader to make a Statement, allow me to make this Communication.

Before I call upon the Senate Majority Leader to make a Statement, allow me to make this Communication.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to welcome the students from Bomet County. Lorna Laboso Girls is a memorial school that was established courtesy of the first female Member of Parliament for Sotik Constituency.

In 2012, the late Hon. Joyce Laboso actualized the institution which is represented by the beautiful girls in the gallery today. I welcome them and encourage them to carry high the flag which was carried by the first female MP whose name has been inscribed in

the institution that they represent today. Similarly, I want to encourage them to carry high the flag of the first female Governor of Bomet County, the late Hon. (Dr.) Joyce Laboso who actualized the institution.

This is the House where rules are made. Hon. Joyce Laboso was a Deputy Speaker in the National Assembly. I am sure that the spirit she had and the investment that she made in the institution that you are in now, will be carried higher by you.

I want to encourage them to work hard and to celebrate the two beautiful names they carry in that school and show the world and Bomet County that indeed the two ladies were great ladies that should be emulated in future.

I welcome them to the Senate and ask them to enjoy every moment of it. They should also learn so that they carry back home new and important lessons they have picked from this House.

Mr. Speaker, Sir, I thank you. I also encourage them to learn more than just being here.

Mr. Speaker, Sir, I rise, pursuant to Standing Order No. 57 (2) to make a Statement on the occasion of the ten-year anniversary of the Senate.

Mr. Speaker, Sir, I expected Senators to be concentrating because they would have applauded that this House has lived to see its 10th birthday, the Second Session of the Senate.

Given the kind of challenges that we have had over the years, both from within and without, it is not by chance or guarantee that this House would live to see this day.

On March 28th, 2013, the Senate of Kenya held an inaugural Sitting, technically marking the Second Senate - after the 1st Senate under the Independence Constitution was disbanded in 1967 - and the First Senate under the 2010 Constitution.

The Second Senate under the leadership of Speaker, Rt. Hon. Ekwee Ethuro, EGH, MP, marked one of the most significant milestones in the country's constitutional history. The coming into being of the Senate heralded a new dawn for our legislature, hitherto unicameral, and was now comprising the National Assembly and the Senate. The term of the Second Senate ran from 28th March, 2013 to 15th June, 2017.

Needless to say, the Senate was sailing in unchartered waters. None of the political leadership and Senators had a clear idea of what their tasks entailed. They had to “learn how to swim by swimming”. It was trial and error at first. However, the Speaker and his Leadership team, guided by unity of purpose and the will to actualize devolution, initiated work systems and spearheaded a series of retreats, workshops and seminars that rapidly crafted the framework of transacting and administering the Senate.

Mr. Speaker, Sir, to entrench its place, the Senate began its mandate by fighting for its space, and its place in the new organization of Government, including its

relationship with the National Assembly in executing its mandate as contained in Article 96 of the Constitution.

To name but a few of those memorable times, in the 11th Parliament, was an entrenching the mandate of the Senate in the consideration of the annual Division of Revenue Bill; a matter that was eventually determined by the Supreme Court in favour of the Senate; the infamous Advisory Opinion No. 1 of 2013.

The Second Senate, amongst other milestones, set in place the procedure to be followed upon receipt of a resolution from a County Assembly on the impeachment, by the Assembly, of a Governor or a Deputy Governor. This marked the stage for the first impeachment hearing of a county governor which happened in 2014.

Mr. Speaker, Sir, the term of the Third Senate in the Twelfth Parliament commenced on 31st August, 2017, with 67 elected Senators taking the oath of office and electing the Rt. Hon. Ken Lusaka, MP, as the Speaker. The Third Senate represents the consolidation stage of the Senate.

Some fundamental achievements of the Third Senate include the determination of matters such as the admissibility and constitutionality of the powers of a deputy governor in running county government business, where the governor is charged in court or is away for extended periods due to other reasons.

Other fundamental achievements include measures to resolve the stalemate on delayed enactment of the Division of Revenue Bill and its impact on county finances and the implication of the High Court judgment on Constitutional Petition No.284 of 2019 that challenged the laws that were enacted unprocedurally. That remains one of memorable days of this House in the last Parliament when we all walked hand in hand from right here in the Senate Chamber all the way to Milimani Law Courts.

I can see many colleagues in the House who made the infamous march that secured our place in history. Had we not pushed back on an Executive fully backed by the National Assembly that was keen on extinguishing this House, I am not sure whether we would be gathered here this afternoon. I celebrate all the Senators that joined us on that graceful march that morning.

Mr. Speaker, Sir, in the Third Senate, we initiated the inaugural sittings of the Senate outside Nairobi commonly dubbed ‘Senate Mashinani’. These sittings showcased and entrenched the place of the Senate as the institution mandated to represent and protect the interests of counties and their governments as highlighted in Article 96 of the Constitution. So far, Uasin Gishu and Kitui have hosted and we shall continue as a Senate with this practice into the future.

Mr. Speaker, Sir, you are aware that, I think two weeks ago, I did move a Motion in this House and my colleague Senators were gracious enough to agree with me that we carry on with this programme. There is already in place a technical committee that is scouting for the ideal venue of the Third Edition of Senate Mashinani. We look forward to that edition later on this year.

As you may recall, Article 96(6) of the Constitution provides that the Senate determines the allocation of national revenue among counties. Article 176 of the

Constitution establishes county governments which are mandated to perform functions stipulated under Part Two of the Fourth Schedule to the Constitution.

Under the principles of devolved government, county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively. One of the major achievements of the Third Senate was the fight for increased resources for the counties. Consequently, we have observed a consistent increase in shareable revenue from Kshs190 billion for FY 2013/2014 to Kshs370 billion for FY 2022/2023, representing a consistent annual average growth of 35 per cent.

Mr. Speaker, Sir, that was an important fight that we fought together as a House. There is the famous revenue sharing formula debacle that lasted a good ten weeks. With all the intrigues and challenges that came with it, Senators stood firm in this House.

Thanks to the Senate for fighting together as a House. We had a steep jump in resources allocated to counties. In fact, the previous FY 2020/2021 had been Kshs316 billion. Thanks to that fight, we grew it to Kshs370 billion in the subsequent financial year, courtesy of the good work that Senators did.

Another hallmark of the Third Senate was the consideration and passage of the Third Basis for Revenue Allocation among county governments. Through robust debates, the Senate emerged stronger than ever before and demonstrated its commitment.

Mr. Speaker, Sir, those 10 years have not been without challenges, but the Senate rose to the task and committed to upholding the principles of democracy, transparency, and accountability. This milestone marks a decade of dedicated service to the people of Kenya, as the Senate has played a vital role in shaping the country's legislative and governance agenda. Through its oversight role, the Senate has ensured that public resources are used for the benefit of Kenyans, and has held public officials accountable for their actions.

As we commemorate this milestone, we recognize the hard work and dedication of the current and former Senators, who have worked tirelessly to ensure that the Senate remains a strong and effective institution. We acknowledge the support of the Kenyan people, who have placed their trust in the Senate to represent their interests.

Mr. Speaker, Sir, just reflecting upon, I thought about what many might consider to be among the highs, just as I have listed quite a number. Where there is a high, there has to be a low. The world and life generally is sinusoidal because it rises and falls.

I can remember quite a number. During the passage of the Security Laws (Amendment) Bill of 2014, that was quite a difficult and challenging time for us in Parliament. We also had the passage of the Revenue Sharing Formula. We have had three of them and that has been quite a challenge.

I have been lucky to witness all the three. Each has been unique with its own difficulties and nuisances associated with dividing money. However, I am glad that on all the three occasions, the Senate emerged the winner.

Of course, the First and Second Senate Mashinani sittings in Eldoret and Kitui goes down as a high. The suspension of the Senate sittings in solidarity with Senators arrested over the Second Generation Revenue Sharing Formula was quite a high.

We came together and pulled together in close ranks across political party divides and ensured that our colleagues who had been arrested in the course of their duty were brought back to this House before debate on anything could commence. That was quite a high. It is not every day that colleagues close ranks and fight for each other.

Oversight of county governments and assemblies by Senate committees is quite an important exercise that we undertake through our various committees. We had well- coordinated impeachment processes bringing order to county governments. We have saved governors on this Floor and we have hanged some. Both difficult experiences because there are days where we have acquitted some and that has not been easy.

Most of the times, we have had to sit until late at night. There are sometimes that we sat up to almost 2.00 a.m. or 3.00 a.m. in the morning because of statutory deadlines. Nonetheless, we guided the specific county assemblies in the right way complete with exit reports from the committee or the plenary guiding them on what to do to handle a particular situation.

What are some of our lows as a House in the past ten years as I reflect and thing through? Quickly off my mind, I remember the stalemate with the National Assembly and the national Government over the Division of Revenue Bill.

Quite famous in the Eleventh Parliament where the National Assembly was grappling with appreciating that the Senate had arrived, we were the new kid on the block and we were ready and willing to defend the place of devolution in our Constitution. On many afternoons, the National Assembly spent useful public time discussing individual Senators as opposed to our position and what we stood for in the family of devolution. It has not been an easy time.

Secondly, arrest of Sen. Malalah, Sen. Langát and Sen. (Dr.) Lelegwe, over a standoff related to the passage of Second-Generation Formula was very unfortunate. That was quite a difficult time for us as a House, but I appreciate what all of us did together.

Those that were in support of the formula proposed and those that were against it, all stood firm and said the state had taken their game too far. Until we were given a credible explanation of where our colleagues were; they were unconditionally released is when debate resumed.

There was the Council of Governors (CoG) and Senate stand standoff over oversight funds, especially conditional grants and the High Court judgment limiting oversight mandate of the Senate. That was quite a low. I must speak of it.

On that afternoon we retreated back to reflect on the judgment of the High Court. The judge, in his finding, tried to limit the role of a Senate in oversighting funds to the specific counties which funds we could go through. That was a difficult moment. On one hand, you have the public charging at you and demanding of you that, “you are the Senator of Siaya, Senator of Nyamira, Senator for Nyandarua, and so on.” What are you doing as Governor x, y and z is misappropriating public funds? The courts on the other side are telling us that you cannot do that on certain specific things that ordinary citizens do not understand. All they want is to see public money spent prudently. That was quite a low time for us.

There was delay in constituting of committees and changes in leadership position for Majority and Minority side. We have had this fight in this Session on the Senate Minority side. For a greater part of last term, we had this challenge on the Senate Majority side. It was not a very easy time when people have to let go of leadership positions. It has not been an easy time.

These questions the Senate needs to resolve going into the future. This is because much as it is difficult here in the Senate, it is even more difficult in the county assemblies and they draw from the experience in the Senate. I know for a fact that they are county assemblies that up to now are yet to resolve leadership wrangles. My own County Assembly of Kericho, spent almost four months of this Session trying to resolve who is the Majority leader.

Mr. Speaker, Sir, it is a challenge to us as a House because we are the protectors and the custodians of devolution. We need to think about this either by legislation or provide a clear guidance on how to achieve on the positions of leadership here in the Senate as well as in our county Assembly.

There was failure by governors in the 11th Parliament to honour summons and a quite number of them were fined. Unfortunately, in the Powers and Privilege Act we do not have the mechanism. We cannot send our Serjeant-At-Arms to go and arrest governors who have refused to show up or have jumped bail and those who have not paid their fines. We need to think through and consider that.

Mr. Speaker, Sir, removal of Senators from office was quite a difficult time for us. Remember the case of Sen. (Dr.) Mwaura, Sen. (Prof.) Kindiki, Sen. Wetangula and Sen. (Dr.) Kang’ata was quite a difficult time for us.

There were also delays of processing of Senate Bills during the 11th and 12th Parliament; we have not faced this challenge yet. I have to be optimistically cautious, so that I do not get ahead of myself.

I have been around fairly long enough to know that it is all rosy when you are beginning terms of Parliament. However, as you get deep into the term and there are disagreements between both Houses, then the urge to withdraw or to ignore the Senate clicks in. On those occasions, you find that the Senate ends up suffering.

Finally, as way of concluding and this I have picked randomly. I am just reflecting on colleague Senators that we have had the privilege of serving with over the last 10 years and moments and things that they did that will remain forever etched in the memory or the history of Senate. Those acts have defined us who we are today and what we shall be in the future.

Number one is the former Senate Speaker hon. Ekwe Ethuro. I know for a fact and I speak like this because I belong to his side of the political divide then and even up to now. I do not think this is something that you need to be hearing. Part of the reason he lost his job as Speaker of the Senate is that on many occasions in the 11th Parliament, he was called to defend the position of the Senate against what you would call, “the appointing authority” some of them extremely powerful.

However, because he stood from in defence of this House, unfortunately, he never made it as he would have wished to return as a Speaker of this House. I know that that is a huge prize he paid, but we continue to celebrate him. I celebrate him each day.

He is one of the gentlemen who went for one reason or the other. Whenever I bump into him, I bow in honour because of what he did for this institution during very difficult times. These included days when police officers were sent to cordon off the House of Parliament. He stopped debate for close to 30 minutes until police officers moved away from Parliament. You know who had sent the police officers then. It was not an easy decision. Mr. Speaker, Sir, that seat you are sitting on, sometimes calls on you to make very difficult decisions in defence of this House. For that reason, I celebrate Sen. Ekwe Ethuro.

Secondly, the Cabinet Secretary, Sen. (Prof. Kindiki) served as our first Senate Majority Leader on this side of the House where I lead. I had the privilege of serving under him as a new Senator. He guided many of us that were new to Parliament then. Even though it was his first term of Parliament, he had quickly learned the ropes and guided us. He afforded us the opportunity to lay a firm foundation. I believe that is what has guided many of us to secure and set up a firm foundation.

He led in the institutionalizing of bipartisan approach on matters concerning the role and the place of Senate and devolution. That is something which unfortunately, this House still continues to grapple with.

Over time, I hope as Senate Majority Leader together with my counterpart, the Senate Minority Leader, we shall indoctrinate the current crop of colleague Senators, to appreciate that while we may disagree on the politics of the day, when it comes to matters in defence of devolution and the institution of the Senate, we fight together like brothers and sisters. We stand our ground together and we ensure that we stand and achieve that. That is one of the leading ethics and teachings of Sen. (Prof) Kindiki in this House when he spoke many afternoons.

The Rt. Hon. Speaker of the National Assembly, Speaker Wetangula then as the Senate Minority Leader had very interesting debates on many afternoons. I wish I said this when many of our colleague Senators were here in the afternoon because I continue to see in this House an unfortunate emerging trend where debate is losing its space.

I enjoyed those afternoons as a newcomer into this House. Even though people were saying extremely difficult and sometimes harsh things to each other, those that were being spoken to kept quiet and allowed colleagues to make their point first before rising to counter whatever was being argued. That is a culture of debate; that is what Parliament is about. That is a culture which Sen. Wetangula deeply espouses. Many afternoons he kept this House entertained with his quotes from various books.

Sen. Orengo, Second Senate Minority Leader, now Governor of Siaya County stood steadfast in his defence of the Senate, together with other senior counsel from this House. They defended the Senate when we went to the High Court and the Court of Appeal. Unfortunately, because of his many engagements now in Siaya County, he has not been able to do that at the Supreme Court. However, he is being ably helped by our

colleague, the Senator of Nyamira County, Senior Counsel Sen. Omogeni, whose work is celebrated in the Senate.

Sen. Kiraitu Murungi led in the quest for strengthening of oversight role of the Senate and the place of the Senate in the Parliamentary Service Commission (PSC). I wish I said this when our colleagues in PSC were there. This is because when it became untenable, and we felt that we are being short-changed by our colleagues in the National Assembly, Sen. Kiraitu Murungi one afternoon moved a Motion in this House to have PSC split between two. To have a PSC for the National Assembly; one for the Senate.

When that agitation begun, at least though for nuisance value and very little legal value of it because it will never have passed in the National Assembly, at least, it got that third, or fourth Commissioner of PSC, Sen. Omogeni to take the Senate Seriously.

After that, there was a change in attitude in how PSC treated the Senate as an institution. Of course, that danger always lurks and you must remain vigilant.

Mr. Speaker, Sir, Sen. Dullo led in the quest for strengthening the oversight role of the Senate. We continue to celebrate her as she serves her second term as a woman Senator. Not many women have been elected to represent counties in this House. She leads a distinguishing role having been elected twice to this House. Previously having served as a nominated Senator. This is a challenge to colleague Senators who are nominated, that you can start and build a stellar career from your nomination. That is what Sen. Dullo has done.

Sen. Murkomen served as the Deputy Majority Leader, then later on, as the Senate Majority Leader. He stood steadfast in defence of the Senate and devolution. I recall enjoying the very first Committee on Devolution and Inter-Governmental Relations sittings as a new Member of this House.

I do not know if Sen. Abass is in the House, but I wish that the present Committee on Devolution and Inter-Governmental Relations takes time to study the work that was done by the same Committee of the second Senate.

Remember that was the time that we were just turning the curve and getting into the cycle of devolution as a country. There were many laws that needed to be passed and many challenges in county governments. I recall the amount of work that they did, traveling most of the afternoon. They missed Plenary sittings while resolving disputes between governors and their deputies as well as county assemblies and so on. I wish that be the guiding spirit of the present Committee on Devolution and Inter-Governmental Relations Chaired by the very able Sen. Abass.

Sen. Billow Kerow, my first Chairperson in the Committee on Budget and Finance. That is a Committee whose job and duty I took with utmost zeal and enjoyed serving. Perhaps, my best Committee. This is the Committee where I enjoyed serving in the most and gave me an understanding of the place of the institution of Senate under the Chairmanship of Sen. Billow Kerow.

Sen. Billow Kerow ensured that our reports, especially on Budget Policy Statements (BPS) though ignored by the National Treasury, would always find a way of speaking and closing ranks with our colleagues from the National Assembly, despite the fact that those times there existed very frosty relationships between both Houses.

He also generally guided us in pushing for the place of devolution, when we began about conditional grants and so many amendments to the Public Finance Management (PFM) Act.

Sen. (Dr.) Khalwale, our Chief Whip, chaired the first Committee of the County Public Accounts and Investments (CPAIC). He led the Committee in establishing institutionalisation of oversight on county governments as contemplated in Article 96 of the Constitution.

Mr. Speaker, Sir, this was the first CPAIC that dealt with county governments. Remember when we were unicameral, CPAIC only dealt with oversight in the national Government. Sen. (Dr.) Khalwale led this Committee with great honour and distinction. I remember the many reports that he tabled before this House. Courtesy of the work that his Committee did, many county governments reformed and ensured that there was prudent use of public resources, a culture that is quickly waning away. It is not something to be celebrated.

I challenge our colleague Senators to take keen advantage of the reports of CPAC. Second and most importantly, even the audit reports. When I first came to this House when reports of Auditor-General were tabled here by the then Senate Majority Leader, you would see Senators scamper for copies to see how their counties were doing. Nowadays, they lie idle almost falling over on the Clerks table until they are carted away by the Sergeant-at-Arms. That is an area that as a House, we need to improve and pay keen attention.

Mr. Speaker, Sir, I have spoken about this. It is something that I continue to engage my colleagues on the Minority side about the need to rethink the place of oversight to not only be reactionary to the audit reports brought by Auditor-General, but also on issues that individual Senators know about their counties. I am sure there can be a better process.

I have proposed the same, but unfortunately, it is something that we have not been able to resolve. That very sacred role of this institution can better be carried out as a complimentary mechanism to what the Auditor-General does.

Unfortunately, much as we think the Auditor-General knows everything about your county, I do not think the Auditor-General – despite the fact that they have all the reports – would know more about Busia County and the challenges that hails them, more than their Senator who is here. Therefore, we need to decide on and move a Motion. I promise the House that by the time we return after this short recess, we will have reached a common position with the Senate Minority Leader and propose something to the House.

Sen. (Prof.) Anyang’-Nyong’o, the then Senator for Kisumu County chaired the Committee on County Public Accounts and Investment. He led the Committee in establishing county oversight mechanisms. He also took the lead in strengthening oversight function by ensuring CSs and other State public officers appeared before the Committees when summoned. One of the best reports that you will read about Parliament on Kenya Airways was courtesy of work that was done by a special Committee led by Sen. (Prof.) Anyang’-Nyong’o with this House.

Sen. Martha Wangari, now Member of Parliament (MP) for Gilgil Constituency, began her career in this House as a nominated Senator. She has moved on to serve her second term as MP for Gilgil Constituency. She introduced and navigated amendment to the Employment Act providing for the provision of pre-adoptive leave for parents seeking to adopt a child.

The Bill was assented to and is now part of our employment law. The same way when you are expecting the birth of a child, many people take leave. She introduced a very interesting proposal, which Senators and the National Assembly agreed to. It was on what she called pre-adoptive leave; people going on leave as they prepare to adopt a child.

Sen. Mutula Kilonzo Jnr. remained steadfast in his quest for the protection of devolution. He introduced legislation on the county boundaries to resolve long outstanding and delicate boundary disputes between various counties. Unfortunately, the County Boundaries Bill has never been concluded. It is presently before the House.

Mr. Speaker, Sir, I hope that the Senate will take time to have a rigorous debate about that particular Bill this term. This is especially in light of the fact that we know that the Independent Electoral and Boundaries Commission (IEBC), once properly constituted, has to do delineation of boundaries this year. It is the Senate that can guide dispute resolution between various counties. This is a challenge that exists. In fact, I struggle to imagine that there are very few counties that do not have boundary disputes with their neighbouring counties. It is something that Senate can guide on how to conclude on this process.

Sen. (Dr. ) Zani was instrumental in introducing legislation for the protection and enhancement of devolution. This includes the very famous national resources Bill, which has been introduced in this term of Parliament by Sen. Mungatana, MGH. I hope he works and concludes that Bill as soon as now. That Bill is extremely important to all of us. Each county has a resource that they share or that they give to the country yet on many occasions, counties do not benefit.

Lastly, is to remember that across this journey, we have lost many of our colleagues. We wish to just mention them because those were extremely sad times for us as the Senate. First was Sen. Mutula Kilonzo, Sen. Gerald Otieno-Kajwang’ and Sen. GG Kariuki of Laikipia County in the 11th Parliament. In the 12th Parliament, the last Senate, unfortunately, we lost Sen. Ben. Okello of Migori County. After that loss, Sen. Oketch Gicheru tried to replace him, but was unsuccessful in that quest. Thank God this time he succeeded. We also lost Sen. Haji of Garissa County, who was replaced by his son, Sen. Abdul Haji. Others include Sen. Kabaka of Machakos County, Sen. Prengei and Sen. Machage of Migori County.

Mr. Speaker, Sir, it would be amiss of me if I conclude the speech without celebrating the Secretariat. I have celebrated every other Senator that has made contribution. I could not mention many who are still serving in this House. I am sure the right time to celebrate them will come. I celebrate equally the staff of the Senate led by the very able Clerk, Jeremiah Makokha Nyegenye, who for three terms now, has served as the Clerk of the Senate, leading the first team that put together the Senate institution.

I will allow a few of us to make certain interventions. However, you shall not speak for more than five minutes so that we have time for the other Business in the Order Paper.

Sen. Mungatana, MGH proceed.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to make my comments. As we celebrate 10 years of existence as a Senate. I listened very carefully to what my Senate Majority Leader was speaking. I thank him

Thank you, Mr. Speaker, Sir, for giving me the opportunity to make my comments. As we celebrate 10 years of existence as a Senate. I listened very carefully to what my Senate Majority Leader was speaking. I thank him

because he gave us a very good summary of what we have achieved as a Senate; the difficulties and the triumphs that we have seen in the last 10 years.

Your time is up Sen. Mungatana, MGH.

Proceed, Sen. Mumma.

Thank you, Madam Temporary Speaker, for the opportunity to contribute to this. I would like to celebrate the second birthday of the Senate under the new Constitution.

I happen to have served in the Commission for the Implementation of the Constitution (CIC) . I endorse what the Senate Majority Leader has said. Those who were before us; the first Senate, the second and third Senate after Independence, did a great job. They did a great job of modeling to the country what the rule of the law looks like.

I would like to single out and recognize, Senators Orengo, Anyang-Nyong’o, Otieno Kajwang’, Billow Kerrow, Dr. Khalwale, Moses Wetangula, Prof. Kindiki, Mutula Kilonzo, Mutahi Kagwe and, Murkomen. Later we had ‘Super’ Senator Sen. Sakaja and Sen. Mutula Kilonzo Jnr.

As we move on, for the lady Senators, I also wish to celebrate our leading Sen. Dullo who has been here three times. I also celebrate our first elected Senators Sen. Dullo, (Prof.) Kamar, Susan Kihika and Kavindu Muthama. In this particular Senate, Sen. Dullo, Kavindu Muthama, and Tabitha Keroche.

The first Senate, in particular, fought for devolution. The truth is that the Government of the day was hell-bent on clawing back on devolution. The Senators in this House stood firm across the aisle and fought for devolution. I hope that the Senate that I am currently serving will not be on record as the one that will claw back on the rule of law and devolution.

I hope that we can move further and recognize that we have a lot of work to do. We can, for instance, strengthen intergovernmental relations between the Senate and the county assemblies. We can also be the Senate that will get the collective responsibility of all arms of Government to review the over 150 laws that pre-existed in the Constitution of Kenya, 2010. They are on county or devolved functions, but have not been aligned.

As we continue taking into account the current political situation, I urge all Senators across the aisle to do what we swore to be done. To be the Senators that will help to move devolution a notch higher. The one that will truly help this country to enjoy what the Constitution of Kenya, 2010, envisages.

Lastly, I request that in considering inter-governmental relations, we will also be the House that will recognize the inter-governmental bodies that have worked, including County Assemblies’ Forum (CAF) , the Council of Governors (CoGs) , and the regional blocs that have been helpful in implementing devolution.

Madam Temporary Speaker, I support. Temporary Speaker

: Sen. Cheptumo, kindly proceed.

Thank you, Madam Temporary Speaker. Allow me to thank the Senate Majority Leader for that comprehensive update to the House regarding the

achievements and the challenges that this House has faced in the ten years. I served in the National Assembly for 15 years. In the last, ten years, that was the time when this House was established under the new Constitution.

At that time, I used to understand this House differently. In the sense that even when there was the need to facilitate and provide funds for this House for Senators to perform their functions, I was one of the Members of the National Assembly who opposed it. I have said this before. I remember when the regulations came before the House, I was the Chairperson of the Committee on Delegated Legislation at that time.

We never saw the need, including myself as the Chairperson, of that Committee, at that time. Now being in this House, as it has already been said by the Senate Majority Leader one of the challenges we face is the lack of resources. Hon. Senators are not facilitated to perform the functions. There will be a kamukunji after this sitting to discuss, as a House, how best we can deal with that situation. Unless and until this House is enabled to perform its functions---

You will allow me to refer to when I was a Member of Parliament (MP). I want to draw a comparison between what happened in that situation and now. The amount available for an MP to manage a constituency is the same amount availed to a Senator to manage, for example, Nairobi City County with 17 constituencies. In Baringo, I manage six constituencies using the same resources I used to manage one constituency. That is a challenge.

As we appreciate the challenges which this House has gone through and the successes it has been able to achieve, that is an area we need to look into. Ten years have gone and devolution as envisaged initially was so that we take more resources down to the people. Today, we are at Kshs395 billion, if I am not wrong, in this coming budget from what we know.

I still believe, for example, Baringo County with its challenges of 65 per cent arid and semi-arid lands receives only about Kshs6.5 billion is unable to achieve, perform and deal with matters facing our people.

So, this House, as we listen and appreciate the successes the Senate has had over the years, it is time for us, as a House, to stand firm, claim our space and continue to use the existing current understanding between the two Houses. I believe that there is some element of understanding so that we reduce the tension that has existed before between the two Houses.

Thank you, Madam Temporary Speaker. Allow me to thank the Senate Majority Leader for that comprehensive update to the House regarding the

achievements and the challenges that this House has faced in the ten years. I served in the National Assembly for 15 years. In the last, ten years, that was the time when this House was established under the new Constitution.

At that time, I used to understand this House differently. In the sense that even when there was the need to facilitate and provide funds for this House for Senators to perform their functions, I was one of the Members of the National Assembly who opposed it. I have said this before. I remember when the regulations came before the House, I was the Chairperson of the Committee on Delegated Legislation at that time.

We never saw the need, including myself as the Chairperson, of that Committee, at that time. Now being in this House, as it has already been said by the Senate Majority Leader one of the challenges we face is the lack of resources. Hon. Senators are not facilitated to perform the functions. There will be a kamukunji after this sitting to discuss, as a House, how best we can deal with that situation. Unless and until this House is enabled to perform its functions---

You will allow me to refer to when I was a Member of Parliament (MP). I want to draw a comparison between what happened in that situation and now. The amount available for an MP to manage a constituency is the same amount availed to a Senator to manage, for example, Nairobi City County with 17 constituencies. In Baringo, I manage six constituencies using the same resources I used to manage one constituency. That is a challenge.

As we appreciate the challenges which this House has gone through and the successes it has been able to achieve, that is an area we need to look into. Ten years have gone and devolution as envisaged initially was so that we take more resources down to the people. Today, we are at Kshs395 billion, if I am not wrong, in this coming budget from what we know.

I still believe, for example, Baringo County with its challenges of 65 per cent arid and semi-arid lands receives only about Kshs6.5 billion is unable to achieve, perform and deal with matters facing our people.

So, this House, as we listen and appreciate the successes the Senate has had over the years, it is time for us, as a House, to stand firm, claim our space and continue to use the existing current understanding between the two Houses. I believe that there is some element of understanding so that we reduce the tension that has existed before between the two Houses.

Thank you, Sen. Omogeni. I cannot see Sen. Wakili Sigei. Proceed Sen. (Dr.) Khalwale.

and do the same thing. Look at bursaries. You have the Members of Parliament, Women Representatives and governors disbursing bursaries. Which household receives what?

Madam Temporary Speaker, I pray that this Senate will lead the way in amending the Constitution so that we truly become an Upper House. This is not about United Democratic Alliance (UDA) or Azimio. This is about having a---

become Senators; Women Representatives have become Governors and Governors have become Senators. People like Sen. (Dr.) Khalwale who resigned as Senator have since come back to the Senate. Therefore, the wheel is evolving and I know that the common sense of the entire country will one day in our lifetime realize that you need to give Senate its positon.

I conclude by speaking to the issue of devolution in Belgium. In Belgium, the devolved governments are more resourced than the Federal Government. The Wales State gives financial support to the Federal Government. That is where I want us to take Nairobi. People should not take Nairobi---

Thank you. Proceed, Sen. (Dr.) Oburu Odinga.

become Senators; Women Representatives have become Governors and Governors have become Senators. People like Sen. (Dr.) Khalwale who resigned as Senator have since come back to the Senate. Therefore, the wheel is evolving and I know that the common sense of the entire country will one day in our lifetime realize that you need to give Senate its positon.

I conclude by speaking to the issue of devolution in Belgium. In Belgium, the devolved governments are more resourced than the Federal Government. The Wales State gives financial support to the Federal Government. That is where I want us to take Nairobi. People should not take Nairobi---

This Senate has a long way to go. We need to put it back to where it was in the Bomas Draft Constitution. Let us make the Senate the ‘Upper’ House.

Madam Temporary Speaker, your Office is powerful. That Office should defend devolution the way Sen. Cheruiyot was explaining here. Your Office can make a big difference. Make a target to ensure that there are changes, so that the Senate takes its place which the National Assembly cannot do by becoming the ‘Upper’ House. This should be a place moderation for Bills.

We should do away with majoritarian dictatorship. The Senate represents ---

Thank you, Madam Temporary Speaker, for the opportunity. This is a great day for the Senate.

The Senate Majority Leader has left. I would have liked to congratulate him because he is eloquent. He is a young man who I think will go far. He narrated exactly what happened in an eloquent manner.

Devolution was inherited from Independence. At Independence, we had two parties; the Kenya African Democratic Union (KADU) and the Kenya African National Union (KANU) . KADU advocated for what was then called majimbo system, which in its application was actually devolution. At Independence, we had a majimbo Constitution which provided for regional assemblies and governments. At that time, there was passion for unity. People would talk about uhuru na umoja. Over the years, it was proved that uhuru na moja was not devolving resources to the grassroots.

It became a skewed way of allocating resources to mashinani. That is why in Parliament, when Hon. (Eng.) Karue introduced a Bill to create the Constituencies Development Funds (CDF) , it became the only thing for Members of Parliament (MPs) to do in their constituencies. It became popular that most MPs were judged by how they used CDF, yet it was small amounts of money.

That is why when delegates from all over the country converged at the Bomas of Kenya, they came out with proposals to have a new Constitution which created counties. At that time, they proposed only 14. When people went to Naivasha, they mutilated proposals from the Bomas of Kenya and created 47 counties.

Madam Temporary Speaker, unless and until we create counties which are economically viable and big enough, we will not have effective counties. I have heard Sen. (Dr. ) Khalwale say that counties are like employment bureaus because they employ their relatives. That is true.

Counties should be units which deliver services to the people. Employment should be one of them, but the main reason of devolved units should be service to the people and enhancing development.

This Senate has a long way to go. We need to put it back to where it was in the Bomas Draft Constitution. Let us make the Senate the ‘Upper’ House.

Madam Temporary Speaker, your Office is powerful. That Office should defend devolution the way Sen. Cheruiyot was explaining here. Your Office can make a big difference. Make a target to ensure that there are changes, so that the Senate takes its place which the National Assembly cannot do by becoming the ‘Upper’ House. This should be a place moderation for Bills.

We should do away with majoritarian dictatorship. The Senate represents ---

where citizens do not have information on what to expect from their leadership. Civic education should not only be in the county governments, but also in institutions in those counties in order to bring up an informed citizenry.

As I wind up, I look forward to this Senate clearly stating the extent to which the 14 functions taken to counties have been implemented. Currently, we have many wrangles which this Senate would have addressed. When devolution came in, the Constitution was already in place in 2010. So, most of the challenges we are experiencing currently were not imagined then.

Before I sit, I am proud to be a Member of the Fourth Senate. I look forward to being part of the success of this House which is a breeding House for young people and women like me to transit to elective politics, so that we serve Kenyans better and fulfil whatever mandate they have given us.

We will have some comments from Sen. Okiya Omtatah. That should be the last one because we are approaching

where citizens do not have information on what to expect from their leadership. Civic education should not only be in the county governments, but also in institutions in those counties in order to bring up an informed citizenry.

As I wind up, I look forward to this Senate clearly stating the extent to which the 14 functions taken to counties have been implemented. Currently, we have many wrangles which this Senate would have addressed. When devolution came in, the Constitution was already in place in 2010. So, most of the challenges we are experiencing currently were not imagined then.

Before I sit, I am proud to be a Member of the Fourth Senate. I look forward to being part of the success of this House which is a breeding House for young people and women like me to transit to elective politics, so that we serve Kenyans better and fulfil whatever mandate they have given us.

We will have some comments from Sen. Okiya Omtatah. That should be the last one because we are approaching

Thank you, Madam Temporary Speaker. I beg to move the Motion –

Sen. Okiya Omtatah, I do not like to stop you, mid-way. Unfortunately, there was an earlier direction from the Hon. Speaker, that at 5.30p.m., this House does adjourn.

Hon. Senators, earlier on the Speaker directed that Sen. Oketch Gicheru moves a Motion of Adjournment under Standing Order No. 37. I will now invite Sen. Oketch Gicheru to proceed.

Thank you, Madam Temporary Speaker. I beg to move the Motion –

On a point of Order!

We saw young people going to the farm and cut trees. They even had time to slaughter sheep and carry some of the animals. They even had time to come back and burn down the same farm. All this happened within six hours that the police were watching.

As a young person in this country, I am wondering if the State can sanction and even watch the destruction of property of somebody of high level as the former President of State of Kenya without him being protected or his property being protected, then what happens to a “Wanjiku” in this country who does not enjoy such kind of privileges? What happens to a mere Senator like Sen. Methu here or Sen. Tabitha there, if the property of somebody who has been the head of State cannot be protected?

Madam Temporary Speaker, it is extremely sad that this coordinated and State sponsored crime went further to the land of the poorest and the most downtrodden people of Kibera, to the extent that thugs sponsored by State - and are I say sponsored - because it is in the public domain.

The Deputy President, Mr. Rigathi Gachagua, together with Mr. Kimani Ichung’wa, who is the Manority Leader in the National Assembly as well as Mr. Moses Kuria, who is a Cabinet Secretary (CS) convened and made public pronouncements leading to these problems. They made public pronouncements to the extent ---

On a point of Order!

I am moving a Motion. You know the rules of the House. They made public statements that ---

What is your point of order, Sen. (Dr.) Khalwale.

Madam Temporary Speaker, I am moving a Motion. This is a problem because when you are moving a Motion, I am not supposed to be interrupted and people know the rule of this House. That is double standards, but it is okay. (Loud consultations)

Madam Temporary Speaker, this House is also guided by traditions and customs. Last week when Sen. Cheruiyot was moving a Motion, there was a directive by the Speaker that when somebody is moving a Motion, no points of order would be allowed.

In fact, you asked me personally to hold whatever point of order I had until he had finished and then I would raise it at the appropriate time. These interruptions when somebody is moving a Motion derail somebody's thought process.

I am sure that we mean to have a sober debate this afternoon. I just want to urge that as we have agreed and discussed in previous meetings, let the rules apply fairly. If it has already been established as a custom, that when the Senate Majority Leader is moving, no objections or points of order are allowed, what is good for the goose must be good for the gander.

Thank you, Sen. Sifuna. Sen. Oketch Gicheru, take the Floor and as guided by the Chair, withdraw the names and proceed. We will then proceed as per the Standing Orders

Thank you, Madam Temporary Speaker. I respect senior Sen. (Dr.) Khalwale. However, it will be naive if we do not say things that are even in journalistic conversations that we see.

That said, I wish to advise my brother, Sen. (Dr.) Khalwale and anybody who takes these things without a bipartisan approach, that in the morning of 6th April, 1994, kids in Rwanda were playing; children were going to school; and men and women were going to their work as if it was normal. On 7th April, 1994, the country woke up to a killing of 80,000 people. It ended up that 800,000 died within that month in that country.

When we talk about things that Sen. (Dr.) Khalwale has watched on television and social media; of leaders in a country like these, making reckless statements that lead to this kind of gangs forming; that leads to people mobilising on tribal basis; that lead to people mobilising on religious basis; we can lose this country within a second.

Madam Temporary Speaker, I am here to bring a Motion that is not about a political statement on my own political faction. I am here to bring a Motion---

Sen. Oketch Gicheru, I have directed you, for purposes of your moving the Motion, to withdraw the names first. You will have a chance to debate, move your Motion and call the Seconder.

Madam Temporary Speaker, this House is also guided by traditions and customs. Last week when Sen. Cheruiyot was moving a Motion, there was a directive by the Speaker that when somebody is moving a Motion, no points of order would be allowed.

In fact, you asked me personally to hold whatever point of order I had until he had finished and then I would raise it at the appropriate time. These interruptions when somebody is moving a Motion derail somebody's thought process.

I am sure that we mean to have a sober debate this afternoon. I just want to urge that as we have agreed and discussed in previous meetings, let the rules apply fairly. If it has already been established as a custom, that when the Senate Majority Leader is moving, no objections or points of order are allowed, what is good for the goose must be good for the gander.

Thank you, Sen. Sifuna. Sen. Oketch Gicheru, take the Floor and as guided by the Chair, withdraw the names and proceed. We will then proceed as per the Standing Orders

Thank you, Madam Temporary Speaker. I respect senior Sen. (Dr.) Khalwale. However, it will be naive if we do not say things that are even in journalistic conversations that we see.

That said, I wish to advise my brother, Sen. (Dr.) Khalwale and anybody who takes these things without a bipartisan approach, that in the morning of 6th April, 1994, kids in Rwanda were playing; children were going to school; and men and women were going to their work as if it was normal. On 7th April, 1994, the country woke up to a killing of 80,000 people. It ended up that 800,000 died within that month in that country.

When we talk about things that Sen. (Dr.) Khalwale has watched on television and social media; of leaders in a country like these, making reckless statements that lead to this kind of gangs forming; that leads to people mobilising on tribal basis; that lead to people mobilising on religious basis; we can lose this country within a second.

Madam Temporary Speaker, I am here to bring a Motion that is not about a political statement on my own political faction. I am here to bring a Motion---

Sen. Oketch Gicheru, I have directed you, for purposes of your moving the Motion, to withdraw the names first. You will have a chance to debate, move your Motion and call the Seconder.

Thank you, Madam Temporary Speaker. I respect the time that you have given me. Regarding attack of private property, I wish to indicate that in Zimbabwe, when national leaders started this kind of castigation of mobs---

will table them in this House. I want to be on record that if I am needed to bring evidence and substantiate according to our own Standing Orders, I am willing. We are not in this House to lie to anybody in matters that are going to bring serious conflict in this country and end up making us lose the country.

I wish to be on record that if that is a requirement, then I will be able to bring that evidence to substantiate the names that I have mentioned.

Sen. Oketch Gicheru, I then direct you to table that evidence by tomorrow.

Thank you, Madam Temporary Speaker. I will do that.

When the House business resumes tomorrow, you will table that evidence.

will table them in this House. I want to be on record that if I am needed to bring evidence and substantiate according to our own Standing Orders, I am willing. We are not in this House to lie to anybody in matters that are going to bring serious conflict in this country and end up making us lose the country.

I wish to be on record that if that is a requirement, then I will be able to bring that evidence to substantiate the names that I have mentioned.

Sen. Oketch Gicheru, I then direct you to table that evidence by tomorrow.

Thank you, Madam Temporary Speaker. I will do that.

When the House business resumes tomorrow, you will table that evidence.

Madam Temporary Speaker, I will table the evidence of my utterances that led to the kind of violence that we saw yesterday.

I now give you one minute because your time is up.

Madam Temporary Speaker, I have been interrupted the entire Motion. I beg for two minutes.

Those acts of hooliganism are something that led the framers of the Constitution to establish what they called an independent institution called the Police Service. However, yesterday, knowing very well that that area has three police stations, I was shocked to see that the police from Ruai, Gatunguru and Ruiru, were all asked not to attend to or interfere with what those hooligans were doing.

We have heard fellow MPs making utterances. What shocked me is that the National Cohesion and Integration Commission (NCIC) were quiet and numb until today.

I wish to plead with Kenyans and tell them to wake up. We have fought so hard for our freedom and for what we have today for us to allow selfish individuals to drive this country into the dogs.

Madam Temporary Speaker, this country is treading on dangerous zones. We are affecting international trade. Very soon, nobody will want to come and invest in this country. There is a famous phrase which states that; ‘When they went for the communists, I did not speak because I was not a communist. Further, when they went for the Jews, I did not speak because I was not a Jew. When they came for me, there was no one to speak for me.’ I remind Kenyans that what happened yesterday to the former President of this Republic means no one is safe. The next people who will be attacked are investors. The British who are living in Laikipia County will also be attacked because no one is safe with this kind of hooliganisms. I condemn this.

I also remind the police that they are being used yet they are paid peanuts. They are being used to line other people’s pockets, to solve other people’s issues yet they are left to wallow in poverty. They do not have good health insurance cover or a good place to call a home. I call upon the police in this country to please think twice. The fact that yesterday, it took 24 hours before the Inspector General (IG) of Police went to see what was happening in Northlands Farm, led me to conclude that there is no longer independence in this country. There is no institution which is independent; which is against the Constitution.

In fact, I am calling on the resignation of the IG of Police because he has failed. Even as legislators, we know the consequences and would invite the military to take over security matters in this country because the police service is no longer a service. It is a force that has failed to perform its task. We heard the IG of Police sending out warnings. If he really cared about Kenyans, why did he not go to rescue the former President’s property when it was being attacked by hooligans?

Please, wind up and second.

Madam Temporary Speaker, the tradition is until the light goes off. As I wind up and as I second this, I remind those who orchestrated or perpetrated those acts of hooliganism that in law, there is no escape. You cannot run away from what happened yesterday. I can see the International Criminal Court (ICC) calling. If I, Sen. Olekina, can be called by The National Cohesion and Integration Commission (NCIC) because of simply making utterances---

Thank you, Madam Temporary Speaker. I rise to Second this Motion on insecurity in the Republic of Kenya,

In 1992, this country because of tribal clashes, the Parliament then saw the need to go around the country through a Commission led by Hon. Kennedy Kiliku, former MP. I invite all distinguished Senators to go and read the Report. In their report, there were details of what happened when we allow the rule of law to be misguided and when we allow insecurity of a country to be the order of the day.

In the year, 2007, there was a subsequent report by Justice Akiwumi after the Post-Election Violence (PEV) .

I was perturbed yesterday when I saw the way the Police Service behaved, when hooligans orchestrated by a group of known politicians, were ferried all the way to Ruiru from different parts of this country to go and attack private property.

It went off before I could second. I second.

Hon. Senators, I propose that since there are many Senators who want to contribute, each Senator to take three minutes. It is now 5.52 p.m. We have 38 minutes.

If you want five minutes, then it means we will have less Senators speaking. We can proceed with the five minutes.

Sen. Kisang, please proceed. If he is not in, Sen. (Dr.) Khalwale, please proceed.

Madam Temporary Speaker, I want to use this opportunity to congratulate the Senator for Migori County for this very important Motion on a matter of gross national importance.

I send my condolences to family and friends of the children who lost their lives. Similarly, I extend my sympathy to business people whose businesses have been destroyed. I agree with the Senator that everybody must exercise restraint so that---

Have you seconded the

It went off before I could second. I second.

Hon. Senators, I propose that since there are many Senators who want to contribute, each Senator to take three minutes. It is now 5.52 p.m. We have 38 minutes.

If you want five minutes, then it means we will have less Senators speaking. We can proceed with the five minutes.

Sen. Kisang, please proceed. If he is not in, Sen. (Dr.) Khalwale, please proceed.

Madam Temporary Speaker, I want to use this opportunity to congratulate the Senator for Migori County for this very important Motion on a matter of gross national importance.

I send my condolences to family and friends of the children who lost their lives. Similarly, I extend my sympathy to business people whose businesses have been destroyed. I agree with the Senator that everybody must exercise restraint so that---

On a point of order, Madam Temporary Speaker.

What is your point of order, Sen. Olekina?

Pause Sen. (Dr.) Khalwale’s time.

Serjeant-at-Arms, please, proceed to close the door.

Allow the Senator who are standing by the door to come in.

Can we have tellers?

Is the tally complete? Clerk, can we have the tally if it is ready? I want to announce the results of the vote.

Resume your seat.

Sen. (Dr.) Murango, when the Speaker is on her feet, you first resume your seat.

Serjeant-at-Arms, please, proceed to close the door.

Allow the Senator who are standing by the door to come in.

Can we have tellers?

Is the tally complete? Clerk, can we have the tally if it is ready? I want to announce the results of the vote.

Resume your seat.

Sen. (Dr.) Murango, when the Speaker is on her feet, you first resume your seat.

On a point of order, Madam Temporary Speaker.

What is your issue, Sen. (Dr.) Murango?

Madam Temporary Speaker, if you look at those papers, one was grabbed by Sen. Oketch Gicheru and he filled both papers. However, we are 11-

Clerk!

No. Tulia, Sen. Sifuna. Mos mos.

Clerk, can you confirm that tally? Reconfirm that tally. Two agents come here.

Let me give direction. I did vote. Clerk, reconfirm the votes and guide me.

On a point of order, Madam Temporary Speaker.

Clerk!

No. Tulia, Sen. Sifuna. Mos mos.

It is null and void. You cannot create a Standing Order that is contrary to the clear provisions of the Constitution.

On a point of order, Madam Temporary Speaker.

No, before you make your point of order, I am on a point of order. I always say that the decisions we make today will bite us tomorrow.

Madam Temporary Speaker, I beseech you, to respect the supremacy of the Constitution. If you read High Court Decision 284; the one we filed before the High Court - I can table that decision on the Floor - the Court said that any Standing Order that is in contravention of the Constitution is null and void.

On a point of order Madam Temporary Speaker.

It is null and void. You cannot create a Standing Order that is contrary to the clear provisions of the Constitution.

On a point of order, Madam Temporary Speaker.

No, before you make your point of order, I am on a point of order. I always say that the decisions we make today will bite us tomorrow.

Madam Temporary Speaker, I beseech you, to respect the supremacy of the Constitution. If you read High Court Decision 284; the one we filed before the High Court - I can table that decision on the Floor - the Court said that any Standing Order that is in contravention of the Constitution is null and void.

On a point of order Madam Temporary Speaker.

What is your point of order, then I will make a finding.

(Sen. Olekina consulted loudly)

Madam Temporary Speaker, the Senator for Nyamira has made a point but the same Constitution defines who the Speaker is. Under the Constitution, there is only one Speaker. However, under the Standing Orders--- You know enough. Please, relax. When you shout---

Please, allow him to finish, the same way Sen. Omogeni finished his submission, in silence.

to further define who is a Speaker and what happens when one of the Senators who has an original vote is on a seat as you are this afternoon.

Sen. Omogeni, Standing Order No. 86(6) was meant for the kind of situation that we have right now. When the Speaker or presiding officer is a Senator who has an original vote, the Standing Order permits them to vote. That is the purpose of this Standing Order.

I will now rule on the matter, so that we proceed with the debate. Under Standing Order No.84 (3) , each Senator has a vote. Standing Order No.86 (6) states –

“Where the Presiding Officer has an original vote, the presiding officer shall cast his or her vote from the Chair.” I will now proceed to rule on the vote. I cast my vote as per the Standing Orders. I will now proceed to announce the tally.

Teller of the Ayes:

Sen. Cheruiyot; Sen. Cheptumo; Sen. (Dr.) Khalwale; Sen. Mungatana, MGH; Sen. (Dr.) Murango; Sen. Tabitha Mutinda; Sen. Okenyuri; Sen. Seki; Sen. Veronica Maina; Sen. Wafula; and, Sen. Wakili Sigei.

to further define who is a Speaker and what happens when one of the Senators who has an original vote is on a seat as you are this afternoon.

Sen. Omogeni, Standing Order No. 86(6) was meant for the kind of situation that we have right now. When the Speaker or presiding officer is a Senator who has an original vote, the Standing Order permits them to vote. That is the purpose of this Standing Order.

Serjeant-at-Arms, please, withdraw the Bar.

Teller of the Ayes:

Sen. Cheruiyot; Sen. Cheptumo; Sen. (Dr.) Khalwale; Sen. Mungatana, MGH; Sen. (Dr.) Murango; Sen. Tabitha Mutinda; Sen. Okenyuri; Sen. Seki; Sen. Veronica Maina; Sen. Wafula; and, Sen. Wakili Sigei.

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

No, it cannot overrule the Constitution. Your ignorance of the Constitution does not mean it does not apply. A ruling made out of ignorance of the law is a ruling per incuriam and it carries no weight. A ruling made in ignorance of the law is no ruling.

Thank you, Madam Temporary Speaker.

On a point of order, Madam Temporary Speaker. I would like to go back to the Constitution. I would like to bring to your attention Article 259 (3) - --

The matter has been ruled on. Sit down.

No, it cannot overrule the Constitution. Your ignorance of the Constitution does not mean it does not apply. A ruling made out of ignorance of the law is a ruling per incuriam and it carries no weight. A ruling made in ignorance of the law is no ruling.

Yes, I agree and that is why I want to be guided. Let us look at Article 259 (3) (b) . It states –

“Any reference in this Constitution to a State or other public office or officer, or a person holding such an office, includes a reference to the person acting in or otherwise performing the functions of the office at any particular time;” We cannot disregard the Constitution. We are disregarding the Constitution by allowing the presiding Senator to vote.

The Constitution overrules the Standing Orders. She is acting as the Speaker. Article 259 (3) b) is clear. You cannot overrule the Constitution.

Sen. Okiya Omtatah, resume your seat, please.

Sen. Okiya Omtatah, you are now out of order. This is your first warning. Resume your seat.

Sen. (Dr.) Khalwale, take the Floor.

On a point of order, Madam Temporary Speaker.

Thank you, Madam Temporary Speaker.

What is your point of order?

Sen. Okiya Omtatah, resume your seat, please.

Sen. Okiya Omtatah, you are now out of order. This is your first warning. Resume your seat.

Sen. (Dr.) Khalwale, take the Floor.

On a point of order, Madam Temporary Speaker.

Thank you, Madam Temporary Speaker.

What is your point of order?

Thank you, Madam Temporary Speaker. They have given you?

Senate Majority Leader, you are sleeping in the House.

Sen. Oketch Gicheru, once you have the Floor, you speak through the Chair.

Mr. Speaker, Sir, protect me from the Senate Majority Leader.

How can I protect you from laughter?

Mr. Speaker, Sir, it is not laughter. He is pointing at me. I feel threatened.

Proceed, Senator. You are protected.

Mr. Speaker, Sir, protect me from the Senate Majority Leader.

How can I protect you from laughter?

Mr. Speaker, Sir, it is not laughter. He is pointing at me. I feel threatened.

Proceed, Senator. You are protected.

Sen. (Dr.) Khalwale, just have your seat. I am informed that when you are making those derogatory remarks – indeed, they are – you are off the microphone and had not been given the Floor. Still, it amounts to a disorderly conduct.

Just proceed. It is not on record. If it is, it need not be expunged. However, from the Chair’s point of view, it amounts to disorderly conduct and that then attracts a caution. Should you proceed in that line again, the Chair will ask you to withdraw from the Chamber.

Thank you, Mr. Speaker, Sir. Indeed, I am glad that you have been guided correctly. I said that this is not a case of activism. However, be that as it may, I withdraw and wish to continue.

Mr. Speaker, Sir, hypocrisy is a very bad thing.

The people of Narok County are waiting for the same Sen. Olekina, to attack with gusto-- -

Sen. (Dr.) Khalwale!

Let me confirm exactly what your statement was.

, consulted with the Clerk- at-the –Table)

Sen. (Dr.) Khalwale, just have your seat. I am informed that when you are making those derogatory remarks – indeed, they are – you are off the microphone and had not been given the Floor. Still, it amounts to a disorderly conduct.

Just proceed. It is not on record. If it is, it need not be expunged. However, from the Chair’s point of view, it amounts to disorderly conduct and that then attracts a caution. Should you proceed in that line again, the Chair will ask you to withdraw from the Chamber.

Thank you, Mr. Speaker, Sir. Indeed, I am glad that you have been guided correctly. I said that this is not a case of activism. However, be that as it may, I withdraw and wish to continue.

Mr. Speaker, Sir, hypocrisy is a very bad thing.

The people of Narok County are waiting for the same Sen. Olekina, to attack with gusto-- -

Sen. (Dr.) Khalwale!

Hon. Senators, it is now 6.30 p.m., time to adjourn the House. Therefore, the Senate stands adjourned until Wednesday, 29th March, 2023 at