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THIRTEENTH PARLIAMENT

Fifth Session

Wednesday, 11th February, 2026 at 2.30 p.m.

PARLIAMENT OF KENYA

The House met at the Senate Chamber, Parliament Buildings at 2.32 p.m.

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

PASSAGE BY THE NATIONAL ASSEMBLY OF THE PUBLIC SERVICE INTERNSHIP BILL, (NATIONAL ASSEMBLY BILLS NO.63 OF 2022)

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46(3), I received the following Message from the Speaker of the National Assembly regarding the passage, by the National Assembly, of The Public Service Internship Bill (National Assembly Bills No.63 of 2022).

The Message dated Tuesday, 6th January, 2026 was received in the Office of the Clerk of the Senate on Thursday, 22nd January, 2026, when the Senate was on recess. It

was subsequently circulated to all Hon. Senators via a letter dated 22nd January, 2026. Pursuant to Standing Order No.46(5), I now report the Message-

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

WHEREAS The Public Service Internship Bill, (National Assembly Bills No.63 of 2022) was published vide Kenya Gazette Supplement No.203 of 16th December, 2022 as a Bill concerning county governments in terms of Article 110(4) of the Constitution to amongst other things make provision for the internship of college and university graduates in the public sector and provide for hands on training and acquisition of skills by graduates;

AND WHEREAS, the National Assembly considered and passed the said Bill on Wednesday, 3rd December, 2025 with amendments in the form attached hereto;

NOW THEREFORE, in accordance with the provisions of Article 110 of the Constitution and Standing Orders No.41(1) and No.142 of the National Assembly Standing Orders, I hereby convey the said decision of the National Assembly to the Senate.

Hon. Senators, Standing Order No.163(1) requires that a Bill which originates in the National Assembly be processed in the same manner as the Bill introduced in the Senate by way of First Reading in accordance with Standing Order No.144. Accordingly, I direct that the Public Service Internship Bill (National Assembly Bills No.63 of 2022) be listed in the Order Paper for First Reading at the next sitting of the Senate.

I thank you. Next Order.

PAPERS LAID

REPORTS OF THE AUDITOR-GENERAL ON THE FINANCIAL STATEMENTS OF VARIOUS ENTITIES

Report of the Office of the Controller of Budget (CoB) on the National Government Budget Implementation Review for the first three months of Financial Year 2025/2026.

Report of the Office of the Controller of Budget (CoB) on the County Governments' Budget Implementation Review for the first three months of Financial Year 2025/2026.

The Fourteenth Report of the Public Service Commission (PSC) on the status of compliance of the Public Service with Values and Principles in Articles 10 and 232 of the Constitution.

Annual Report of the Public Service Commission (PSC) for the year 2024/2025.

The National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), 22nd Edition of Biannual Report on the status of alcohol and drug abuse control in Kenya.

Report of the Auditor-General on financial statements of Likoni Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2022.

Report of the Auditor-General on financial statements of Port Reitz Sub- County Hospital, Mombasa County Government, for the year ended 30th June, 2022.

Report of the Auditor-General on financial statements of Tudor Sub-County Level 4 Hospital, Mombasa County Government for the year ended 30th June, 2022.

Report of the Auditor-General on financial statements of Coast General Teaching and Referral Hospital, County Government of Mombasa, for the year ended 30th June,

1. Report of the Auditor-General on financial statements of Habaswein Sub-County Level 4 Hospital - County Government of Wajir for the year ended 30th June, 2022. Report of the Auditor-General on financial statements of Likoni Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2023. Report of the Auditor-General on financial statements of Port Reitz Sub-County Hospital, Mombasa County Government, for the year ended 30th June, 2023. Report of the Auditor-General on financial statements of Tudor Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2023. Report of the Auditor-General on financial statements of Coast General Teaching and Referral Hospital, County Government of Mombasa, for the year ended 30th June,
2. Report of the Auditor-General on financial statements of Habaswein Sub-County Level 4 Hospital - County Government of Wajir for the year ended 30th June, 2023. Report of the Auditor-General on financial statements of Likoni Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Port Reitz Sub-County Hospital, Mombasa County Government, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Tudor Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Mrima Maternity Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Coast General Teaching and Referral Hospital, County Government of Mombasa for the year ended 30th June,
3. Report of the Auditor-General on financial statements on Maralal Municipality, County Government of Samburu, for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Municipality of Kehancha -County Government of Migori for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Magutuni Sub-County Hospital - County Government of Tharaka Nithi for the year ended 30th June, 2024. Report of the Auditor-General on financial statements of Habaswein Sub-County Level 4 Hospital, County Government of Wajir, for the year ended 30th June, 2024.

Report of the Auditor-General on financial statements of Kalawa Level 4 Hospital, County Government of Makueni, for the year ended 30th June, 2024.

Report of the Auditor-General on financial statements of Kakamega County Revenue Agency Fund for 24-months period, for the year ended 30th June, 2024.

Report of the Auditor-General on financial statements of the County Executive of Kwale for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Assembly of Kwale for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on County Revenue Fund - County Government of Kwale for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Receiver of Revenue - Revenue Statements - County Government of Kwale for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Executive of Wajir for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Assembly of Wajir for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on County Revenue Fund - County Government of Wajir for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Receiver of Revenue - Revenue Statements -County Government of Wajir for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of the County Assembly of Baringo for the year ended 30th June 2025.

Report of the Auditor-General on financial statements on the Receiver of Revenue - Revenue Statements - County Government of Baringo for the year ended 30th June

1. Report of the Auditor-General on financial statements of the County Executive of Baringo for the year ended 30th June 2025. Report of the Auditor-General on financial statements on County Revenue Fund - County Government of Baringo for the year ended 30th June 2025. Report of the Auditor-General on financial statements on the Receiver of Revenue - Revenue Statements - County Government of Homa Bay for the year ended 30th June
2. Report of the Auditor-General on financial statements on County Revenue Fund - County Government of Homa Bay for the year ended 30th June 2025. Report of the Auditor-General on financial statements of the County Assembly of Homa Bay for the year ended 30th June 2025. Report of the Auditor-General on financial statements of the County Executive of Homa Bay, County Government of Homa Bay, for the year ended 30th June 2025. Report of the Auditor-General on financial statements of the County Executive of Tharaka-Nithi for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on County Revenue Fund - County Government of Tharaka-Nithi for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County Assembly of Tharaka-Nithi for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Receiver of Revenue- Revenue Statements - County Government of Tharaka-Nithi for the year ended 30th June,

1. Report of the Auditor-General on financial statements of the County Executive of Nakuru for the year ended 30th June, 2025. Report of the Auditor-General on financial statements of the County Assembly of Nakuru for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on County Revenue Fund, County Government of Nakuru, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on the Receiver of Revenue - Revenue Statements, County Government of Nakuru, for the year ended 30th June,

NOTICES OF MOTIONS

ADOPTION OF REPORT OF THE MEDIATION COMMITTEE ON THE COFFEE BILL (SENATE BILLS NO.10 OF 2023)

ADOPTION OF REPORT ON PETITION ON OUTSTANDING BENEFITS AND MAZIWA SACCO DUES TO FORMER KCC LTD EMPLOYEES

ADOPTION OF REPORT ON OVERSIGHT AND NETWORKING ENGAGEMENTS TO MANDERA, WAJIR AND MARSABIT COUNTIES

QUESTIONS AND STATEMENTS

The Speaker (Hon. Kingi): Statement pursuant to Standing Order No.52(1). Proceed, Sen. Essy Okenyuri.

THE 2025 SIXTEEN DAYS OF ACTIVISM CAMPAIGN AGAINST GENDER-BASED VIOLENCE

The problem of the growing prevalence of online and technology-enabled gender- based violence, such as cyberstalking, online harassment, and non-consensual distribution of intimate images, digital surveillance, creation and spread of gender-deep fakes and hate speech targeting women and girls came out as an issue of utmost importance during last year's commemoration. These forms of violence are especially prevalent against women in public life, politicians, journalists and human rights defenders.

Further, the economic and emotional abuses commonly experienced in intimate relationships are rarely treated with the same seriousness as physical assaults, despite their long-term impact on mental health and autonomy.

Mr. Speaker, Sir, Kenya has enacted several laws to address GBV, including the Sexual Offenses Act, which is Cap.363A, which criminalises various forms of sexual violence and sets out penalties and protective measures.

Then we have the Protection Against Domestic Violence Act, which is Cap.151, which provides for protective orders and redress for survivors of domestic violence and the Computer Misuse and Cybercrimes Act or Cap.79C, which has legislated against several forms of computer or technology-facilitated GBV, amongst others.

These efforts by the state demonstrate a clear intention to address GBV. Indeed, the Government's commitment to engage in policy, legal and institutional reforms to address GBV in both the offline and online environments was reiterated by the Government in the course of the campaign. This also includes the enforcement of the existing legal frameworks, digital safety, support services to survivors and inter-agency collaboration with enforcement agencies, among other measures.

Despite these efforts, there are notable gaps in harmonisation, implementation and enforcement of existing laws. Furthermore, there is a lack of comprehensive legal definition and recognition of femicide as a distinct offense.

Although campaigns are key, they should be coupled with the key actions such as budgetary provisions as well as accountability. Survivors still lack access to justice due to challenges such as fear of stigma, inadequate investigations, slow prosecution, as well as insufficient psychological or legal assistance services, especially at the county level.

The devolved system of government places responsibility on county governments to aid in the coordination, prevention and response to GBV. Despite the political will, the county government interventions have been plagued by systematic and resource challenges.

Mr. Speaker, Sir, I would like to emphasise that the struggle against GBV does not stop after the 16 days. It requires sustained commitment at the national level, and it should be centered around survivors, while looking towards the eradication of the root causes of such violence. These causative factors include harmful social norms as well as the misuse of technology.

Even though digital tools such as mobile apps, SMS-based hotlines and online portals like Spot have created safe and anonymous channels for survivors to seek help through offering timely reporting and referral to essential services and real-time data collection for policy planning, access disparities in rural areas and among low-income populations must be addressed to ensure equitable digital justice.

I, therefore, request the national Government through the relevant ministries and agencies to regularly inform this House of the progress being made in the implementation

of the promised reforms regarding the protection of its citizens in the cyberspace, improvement of the GBV data compilation and ensuring the effective support of the counties in response to the cases.

I thank you, Mr. Speaker, Sir, for this opportunity.

EXTRAJUDICIAL KILLINGS, FORCED EVICTIONS, LAND DISPLACEMENT AND INTEREST IN RARE MINERALS IN GITWEMBE, KURIA EAST CONSTITUENCY

Let us have the hon. Senator for Nandi County, Sen. Cherarkey.

SUSPENSION OF KENYA AIRWAYS FLIGHTS TO ELDORET INTERNATIONAL AIRPORT

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on Roads, Transportation and Housing on a matter of national concern regarding the recent suspension of flights, by Kenya Airways, to Eldoret International Airport and the measures being taken to safeguard regional connectivity and economic development in the North Rift.

The announcement by Kenya Airways to discontinue flights to Eldoret International Airport effective 30th March, 2026, has raised widespread concern among residents, business leaders and travellers in the North Rift region. Less than two years after relaunching the route, the withdrawal cited as part of operational efficiency and route optimisation has left Jambo Jet as the sole operator, thereby limiting travel options, reducing competition and undermining the strategic importance of Eldoret International Airport.

This decision carries a broader implication for investor confidence, tourism and regional and economic development.

In the Statement, the Committee should address the following-

1. The specific factors that led to Kenya Airways' withdrawal from the Eldoret route, including the consultation undertaken with stakeholders in Uasin Gishu County and the wider North Rift region prior to the decision.
2. Whether there was an assessment carried out on economic, social and connectivity on Kenya Airways' exit on business, travellers and the regional economy.
3. The measures being taken by the Ministry of Roads, Transportation and Infrastructure to ensure that the Eldoret International Airport remains a viable hub for passenger and cargo traffic despite the withdrawal.

1. The long-term strategies in place to strengthen domestic air connectivity and prevent abrupt withdrawal of services by national carriers or national carrier in future.
2. The immediate steps being taken to encourage other airlines to expand services to Eldoret International Airport.
3. The steps being taken to address the inconvenience faced by passengers, including Kenya Airways tickets, affected by the withdrawal of the airline, including rebooking, refunds and communication with the affected travellers.
4. The mechanisms in place to ensure that the future decisions by national carriers or national carrier on domestic routes are made transparently and with adequate notice to the public.
5. Whether there are prospects of Kenya Airways resuming flights to Eldoret International Airport in the future and the conditions or policy interventions that would make such a return viable.

ASSAULT OF YOUTH BY POLICE OFFICERS IN NANDI HILLS TOWN

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of countrywide concern regarding the assault of youth by police officers in Nandi Town while playing a pool game, which is not illegal in this country, and the measures being taken to ensure accountability and justice for the victims.

On the night of 10th January, 2026, at around 10.00 p.m., police officers of the Rapid Deployment Unit (RDU) stormed an entertainment establishment in Nandi Town and assaulted several youths who were playing a game of pool, leaving some of the youth nursing injuries.

In the Statement the Committee should address the following-

1. The status of investigations in the assault, including the agencies leading the inquiry, timelines and any other interim findings to date.
2. The disciplinary, administrative or criminal actions taken against police officers involved, including any steps to ensure individual and command responsibility.
3. The circumstances and the basis for entering the entertainment establishment and whether the actions taken complied with applicable laws, regulations and policing standards.
4. The nature of injuries sustained by the youth, medical treatment received, the social psychological support provided and any compensation or victim support measures in place.
5. The safeguards and oversight mechanisms currently in place to prevent police brutality and abuse of authority across the country, including how these mechanisms are being enforced, and any gaps being identified.
6. The measures being taken to restore public confidence in law enforcement in Nandi's Hills Town in Nandi County and across the country, including the community engagement and proposed police reforms to address the professional misconduct by the police. I thank you, Mr. Speaker, Sir.

PLIGHT OF GRADE 10 LEARNERS ACROSS THE COUNTRY

1. The measures being taken to support learners who have not reported to school due to financial constraints, to access college education regardless of their background and/or socio-economic status.
2. The budgetary allocation for senior secondary schools for the Financial Year 2025/2026 and indicate whether there are plans for an upward review of the senior secondary schools’ capitation to address the shortage of learning materials, high admission costs and infrastructure development.
3. The strategies and interventions being implemented to ensure a smooth transition from Grade 10 learners to senior secondary schools.
4. The steps being taken to address the shortage of teachers in senior secondary schools and the expected timeline for resolving this challenge.
5. The mechanisms in place to improve infrastructure in senior secondary schools, particularly in ASALs and rural areas. Thank you, Mr. Speaker, Sir.

ESTABLISHMENT AND OPERATION OF CHILD PROTECTION UNITS IN KISUMU COUNTY

RISING DRUG ABUSE AND EFFECTIVENESS OF PREVENTION AND REHABILITATION PROGRAMMES IN KISUMU COUNTY

Hon. Senators, pursuant to Standing Order No.53(3), I will allow comments for not more than 15 minutes.

Senator for Nairobi City County, please proceed.

I thank you, Mr. Speaker, Sir.

summon both the Cabinet Secretary for Interior and National Administration and the Inspector-General (IG) of the National Police Service (NPS). We cannot afford to continue with this kind of impunity.

Kenya shall not be turned into a police state under the current IG. Given that the President often comments on topical issues, even those not directly related to him, it would be important for him to also speak on the attacks against youth in Nandi Hills and against citizens going to church---

What we witnessed recently in Nakuru and Nandi is unacceptable in the 21st Century. It demonstrates a problem in the training of our police officers. That a human being with a family can brutally assault young people enjoying the freedoms we fought for is intolerable. I request the IG of NPS to redeploy such officers to areas where their energies can be fruitful in the country, not against young people investing in talent, cohesion and integration, while enjoying the sweet drinks produced in the villages.

Hon. Speaker, I am reminded of another incident in Nyeri, where police officers openly shot at people, resulting in the death of one individual. What kind of country are we living in? We are supporting the President on the trajectory he has promised that we shall all reach the “promised land.” The destination is Singapore, yet the conduct of police officers suggests they want to take us to Sayuni. This is unacceptable. We want to work with the President heading to Singapore. I request the Inspector General and his foot soldiers to give us space to support the President in heading to Singapore, in order to make this country a very good place.

Finally, I wish to highlight an incident in Bungoma. We lost a Deputy Vice- Chancellor, Prof. Siamba. As comrades of the University and neighbours gathered to mourn and light candles, police officers raided them with tear gas, forcing mourners to scatter. What were they trying to cover up? Was it collusion between the administration and the police to curtail people from traditionally mourning their legend?

including children, women and old men to that kind of torture and torment because we are far from that kind of politics.

Having said that, Mr. Speaker, Sir, it is also important to look at the structural training that we give our police. We need to look at their training. Spending nine months in Kiganjo Police Training College with no other training is too little. We must, therefore, embark on retooling, like we are doing with the teachers.

We should retool them so that they know that they are not a police force, but a police service that is supposed to help the common mwananchi. Like my colleague said here, on our journey to Singapore, we must do away with police brutality.

I support.

bags and you wonder where we are. Are we in a police state or an independent country like Kenya?

Mr. Speaker, Sir, I think our police officers need to be retrained and if need be, new police officers should be recruited because the current ones seem not to appreciate their work.

The other day, I was shocked to see young children being tear-gassed in the church. It is actually very unfortunate because those people are innocent. We may be targeting one individual, but in the process, we harass innocent people. I was also shocked when I saw people wearing hoods. I did not know whether they were bandits or police officers. They were damaging very expensive cars by shooting bullets to the engines. That kind of situation should not be allowed in this country. It is high time that this House invites the concerned Cabinet Secretary to, at least, explain why people, especially children and pregnant women in a church or a mosque are tear-gassed. It is time for the police officers to have a human face and be welcoming.

It is surprising to see 100 police and travel officers along the roads when you are travelling. It makes you wonder why all those officers cannot be taken to Turkana in the Northern Kenya where we have bandits, so that they can fight and save Kenyans.

Thank you so much, Mr. Speaker.

When you look at the origin of the Kenyan police, it began off as an occupation force to dominate, control and oppress the local population. That culture has not been removed and at Independence, the same culture remained and you will see that it has become worse.

When the Kenya Defence Forces (KDF) invaded Somalia, the Kenyan Police began acquiring a militaristic character. If you look at our police today, they are attired in jungle colours. Even when the IG of Police came to this House, he was wearing military jungle fatigues. That militarisation of the police needs to be addressed so that the police can go back to being a civilian force, not an occupation force. That is where the problem lies.

If you saw what happened in Nandi, it was an expression of oppression, domination and control. The police officers are not supposed to be controlling, oppressing and doing all those kinds of things. We need to go back and look at the systemic issues that make the police so militarised in their approach to issues instead of being civil.

Regarding education, there are so many children who are not going to school because there is no money in this country. That is not an act of God; it is an act of the Kenya Kwanza Government. This Government has made sure that people do not have disposable income by imposing unnecessary taxes, which when collected, the money is then repatriated to go and pay odious debts. We need to come down and address the question of taxation in this country, so that there can be disposable income for families to run around.

You will find so many children not going to school today because the middle class in Kenya subsidises the State. They send Mpesa to pay bills for hospitals, school fees and so forth. Now, when these people’s payslips are stripped of disposable income, they then are not able to play the critical role that they have been playing of keeping the society going. It is the tax regime imposed by the Kenyan Government that is at the heart of lack of money in people's pockets thus the failure to take children to school.

Thank you, Mr. Speaker, Sir.

and serve Kenyans as a service and not a force? That is a big question that we need to ask ourselves because we have cases like these ones, many of them across the country.

Mr. Speaker, Sir, the other day, we saw the police entering a church and throwing teargas. The other day, you saw police trying to stop meetings. However, this weekend, the Senator for Nairobi; Sen. Sifuna, and I applauded the police in Busia because the Governor of Busia tried to stop our meeting in Busia Town. The people said that we will have the meeting. The police were there to escort us very peacefully and give us protection. In the midst of all this, let me also thank the police for their conduct on Sunday when they welcomed us in Busia. They protected us and guided us to the venue of our meeting. That is the service that this country needs; not a police force or a police service that is there to harm us.

PROCEDURAL MOTION

LIMITATION OF DEBATE ON MOTIONS

QUORUM

Ledama Olekina, Sen. M. Kajwang’ and Sen. Okenyuri, please, take your seat.

Now, Hon. Senators, having attained the quorum, I will proceed to put the Question.

PROCEDURAL MOTION

LIMITATION OF DEBATE ON ADJOURNMENT MOTION

Order, Members!

speaking after which the Senate shall adjourn without question put; provided that when the period of recess proposed by any such Motion does not exceed nine calendar days, the debate shall be limited to a maximum of thirty (30) minutes and shall be confined to the question of adjournment.

Mr. Temporary Speaker, Sir, I beg to move and request Sen. Cherarkey, now that he is on his feet, to second.

PROCEDURAL MOTION

LIMITATION OF DEBATE ON THE MOTION ON THE PRESIDENT’S ADDRESS TO PARLIAMENT

Clerk, proceed to call the next Order.

PROCEDURAL MOTION

RESOLUTION ON REFERRAL OF STATUTORY INSTRUMENTS AND PAPERS SUBMITTED DURING RECESS

Sen. Wafula: Mr. Temporary Speaker Sir, I beg to move the following Motion- THAT, the Senate resolves that during the short and long recesses of the Fifth Session of the 13th Parliament, where any Statutory Instrument or Paper is transmitted for tabling in the Senate, and the Speaker determines that the Statutory Instrument or Paper is of priority, the Speaker shall forthwith refer the Statutory Instrument or Paper to the relevant Committee for consideration and the Statutory Instrument, or Paper, shall be deemed to have been tabled before the Senate and the Speaker shall report the Statutory Instrument or Paper to the Senate and cause the Statutory Instrument to be tabled in the Senate in accordance with the provisions of Section 11 of the Statutory Instruments Act (No. 3 of 2023) and the Paper to be tabled before the Senate at its next Sitting.

Mr. Temporary Speaker, Sir, this is another Procedural Motion, especially on issues of the Statutory Instruments Act. I think, as a House, we have made a decision that is very clear, that all statutory instruments must come to the Floor of the Parliament and be approved.

We have seen Ministers and other people who have power to create instruments trying to bypass Parliament. This is a warning that they should not; they should follow the law.

Since this is a Procedural Motion and under Article 124 and powers of the committees and Standing Orders, I beg to second.

Clerk, proceed to call the next Order.

BILL

Second Reading

THE KENYA NATIONAL COUNCIL FOR POPULATION AND DEVELOPMENT BILL (NATIONAL ASSEMBLY BILLS NO.72 OF 2023)

of. Perhaps, it may have been spoken. It is not a matter that I have followed closely to the detail.

Mr. Temporary Speaker, Sir, this is a very important council, and the national Government needs to pay close attention to this. Each time, we, the Senate, discuss the annual division of revenue, and more particularly once every five years when we do the basis for revenue sharing across the county, we look at all these matrices, including population survey, poverty index, and all these matters. The information that we use is provided for us by credible government agencies like the Kenya National Bureau of Statistics (KNBS) and such like agencies. This will be one such agency, where on matters to do with population survey and development, they will have a say. However, it is my hope that their research, findings and studies will not just gather dust in government offices.

I am proud of the work that this House does. It is only that people do not follow the work of the Senate quite closely. It was this House that made a decision in 2016, for example. Previously, on conditional grants, Sen. Kajwang’ may remember this; that, somebody will sit at the National Treasury and allocate projects haphazardly without basis or reference to any particular order. It took the decision of this Senate, through the Senate Standing Committee on Finance and Budget, to say no to the National Treasury and decide that there has to be a structured way in which conditional grants are sent equally and equitably to all the 47 counties. That is the kind of decision-making that we expect from bodies such as this, and that, their decisions will lead us, so that you have a fully prosperous country, without due consideration to any other political affiliation.

It is unfortunate that for the last 60 years, and this is a reality which nobody can challenge, there is a clear indication that regions that have produced either presidents or senior government officials have benefited unduly to the exclusion of certain regions of the country. It is because we have not mastered the art of looking at our country as an entire unit; that, we still consider that even matters of development are issues of political consideration. It is a difficult conversation which, unfortunately, the country must have.

Even as we speak today, there has been a very ugly spot of late, led by a very incompetent fellow that we kicked out by an impeachment Vote in this House, trying to besmirch the leadership from Northern Kenya. That debate cannot be heard in full without due consideration of where the entire 100 per cent of the budget has gone over the years. We can speak about the National Government- Constituencies Development Fund (NG-CDF) and the equitable share, which is barely 20 per cent. What about the other 80 per cent? We need to have that conversation as a country, looking at Kenya as an entire Republic, and knowing that there are regions that have been undermined by successive regimes. That is why we have all those details.

Mr. Temporary Speaker, Sir, as I mentioned, this Bill will anchor this Board in law, so that they do all the responsibilities that have been listed, asking this Board, for example, what are the objectives of the Council, which is to be the focal point of matters relating to population and development review and coordinate implementation of national population policy at regular intervals. I do not like the language that is used here. I have to be precise.

I hope the committee that looks into this matter - I do not know which committee will eventually look into this. I think it will be the Senate Committee on Labour and

Social Welfare. I saw Sen. Murgor earlier, but he is not here. They must get the submissions from the national Government, on which body will eventually carry out the national census, and what will then be the responsibility of this Board, complete with clarity, because the language that is used here does not provide specificity on this particular topic.

For instance, when you say you are a focal point, what do you mean? What is the relationship between this and KNBS? Will they do it jointly? Will one oversight the other? What is the relation? These are matters which I hope by the time we are doing the Committee Stage of this Bill, the Senate Committee on Labour and Social Welfare will have guided us, as a House, to properly understand the placing of this Council, complete with all the reasons that the members of this council requested.

Mr. Temporary Speaker, Sir, I want to spend a little bit of time on Clause 8. There must be a different way of doing things. Many times, when Bills come to this House, the national Government, true to its function--- The State Law Office is where the heart and the breath of this Constitution should be more alive than any other institution. However, matters devolution are dead at the State Law Office. This is something that I have raised with none other than the Attorney General on many occasions.

If you see how they have drafted this legislation, when you read the list of the members of this board, you can clearly see that this is not somebody who appreciates that there are two levels of government. I do not know what it will take for the drafters of such legislation, who sit at the National Drafting Desk at the State Law Office, to appreciate that there are two levels of government.

Our colleagues in the National Assembly must appreciate that there are two levels of government. There has been an erroneous interpretation that so long as a matter touches on devolution, it is of no concern to the National Assembly. This is unfortunate since all the Members of the National Assembly come from certain counties. They continuously undermine devolution by passing laws such as this.

This Bill has already gone through the 349 Members of the National Assembly and none has pointed out that such a board cannot be constituted in the 21st century, with the Constitution of Kenya, 2010. It shows that many of them do not exercise their minds appropriately to appreciate the important role devolved units carry on behalf of the people of Kenya.

Mr. Temporary Speaker, Sir, when the Committee on Labour and Social Welfare sits on this matter, I expect they will restructure the board properly and ensure good representation of county governments, including agencies and institutions that respect the Constitution of Kenya, 2010 and its workings. Otherwise, this continuous drafting shows that many of these Bills are lazily prepared, approved, edited, copied and pasted, without proper consideration.

Mr. Temporary Speaker, Sir, when I refer to the State Law Office, do not be worried. I know you have close relations in that office, but I am speaking of a different one. I have seen how you are looking at me when I mention the State Law Office.

At the next conference where we will bring together the National Assembly and the Senate, the Attorney-General needs to address us specifically on this matter and on the refusal by her officers to appreciate that the Constitution of Kenya, 2010 has radically changed institutions and their representation. That must be done.

Part (h) is interesting. It states that three persons shall be nominated by the forum of religious organisations, consisting of the secretary generals of the Supreme Council of Kenyan Muslims (SUPKEM), the Kenya Conference of Catholic Bishops, the Hindu Council, the National Christians Churches of Kenya (NCCK) and the Evangelical Alliance, provided that no more than one shall be appointed by the Cabinet Secretary from one organisation.

This is okay. At least, this is descriptive because it speaks to Muslims through SUPKEM and the major denominations of the Christian faith; the Catholics and the Evangelical Alliance and the Hindu Council. However, I do not think we have reached a point where we can define specific denominations. This country is diverse. I have nothing against Catholics such as Sen. Okiya Omtatah. I know he is a member of the Catholic faith and many others. When one denomination is singled out, others, such as the Anglicans, may protest. I do not know which church Sen. Kajwang’ attends. He is an Adventist. For example, the Adventists are a major denomination with churches spread across the country. I do not know the total population of Adventists compared to Catholics or Anglicans.

Therefore, to mention a specific denomination may cause trouble unless there is a religious council to provide census data. I prefer the previous mode of drafting. We have done other laws such as the Independent Electoral and Boundaries Commission (IEBC) law, where it was left to the inter-religious council to make a determination. To pick a specific denomination, in this instance the Catholic Church, may cause conflict with the rest. Naming one is to exclude the others. We need to address that to bring better understanding. When Members of the Standing Committee on Labour and Social Welfare sit to consider that matter, they need to address this House on the response of other religious bodies to such inclusion.

Mr. Temporary Speaker, Sir, I do not want to belabour the point because, as I mentioned, the rest are statutory matters concerning the responsibilities of the Director- General, the Corporation Secretary and the usual requirements such as submitting statements to the Auditor-General and the Council within three months of the end of the financial year. These matters continue to form part of our legislative duties.

Therefore, it is a good Bill and important, but with areas of concern that I have raised. I hope that when the Standing Committee on Labour and Social Welfare considers it, they will furnish us with a good report. This is important given the issues surrounding the distribution of resources across the country. For example, as we sit here, much as we did for county governments on conditional grants, our colleagues in the National Assembly have never made a similar pronouncement on national issues, particularly where public officers have discretion to determine the placement of government projects.

What is the guiding factor in making such decisions? Many times, an officer sits in a government office and because they come from Kericho, decides to take a project there, including programmes unrelated to the region. This is done out of a desire to be popular. Many institutions and regions have suffered under such political patronage over the years. The Ministry of Health, the National Treasury and Economic Planning and others have been affected. This Council will address such matters. It is important to give it sufficient powers to ensure development is spread evenly across the country.

Mr. Temporary Speaker, Sir, with those remarks, I beg to move and ask the Senator for Nandi County, Sen. Samson Cherarkey, to second.

population will live in urban centres. What will they need? Affordable housing, sewerage system, road network and other basics such as security in urban centres.

Therefore, the foresight by the President to do affordable housing is perfectly in order. The naysayers and Sanballats of this era of ours will not see the value until 2050 when 50 per cent of Kenya’s population will be living in urban centres.

There is sad news about China. I was looking at the comparison. According to the World Bank, as of 2022, China had a population of 1.426 billion. Small cities similar to Mulot, Chepseon somewhere in Kericho or Oyugis have close to 400 million people, yet the total population is 1.426 billion.

What is happening in China is a sad story. People are no longer giving birth because of the policy of two children. Now the government has decided to tell people to do everything that needs to be done to increase the population. However, by 2050, the population would have declined to 1.3 billion.

In Kenya, the average family size is six. If you are a Senator with below six, then you are doing badly. That will undermine our growth in terms of resources, development and even voting because we are politicians.

I am happy to have met Sen. Danson Buya Mungatana somewhere in the City. I want to confirm to this House that he was walking with more than six children. We want people to follow the footsteps of Sen. Danson Mungatana, so that we increase our population. That will make planning for development easy.

Sen. M. Kajwang’, I rule you out of order. Sen. Cherarkey, proceed to second the Motion.

enjoying themselves at a retreat somewhere in Kilifi, while most of the people they represent are languishing in poverty, including, Kericho County. Most of them are proposed an equitable shareable revenue of Kshs534 billion.

Mr. Temporary Speaker, Sir, through you, I appeal to the Senate Majority Leader and Members of this House that our Finance and Budget Committee should not meet the CoG to discuss anything in terms of resource allocation until they honour the constitutional obligations by appearing before the Senate Committees. That is the only decent way.

My question is; why are you afraid to account? Accountability is part of the Principles of Leadership and Integrity in Chapter 6 and the rule of law and good governance in Article 10. Good governance means that you are able to account for resources given to you. If you feel that accountability is too much, take a walk, resign and allow other Kenyans to occupy those offices. Even in our homes, growing up, I used to see my mother oversighting my father. When my father would go to Cheptiret - a place where they sell cows every Wednesday- I would hear my mother asking him about the proceeds of selling the cow. That is also part of oversight; that is what Sen. Osotsi is asking about, except now that we are escalating it to our level.

Mr. Temporary Speaker, Sir, since we are discussing the issue of population and development, I confirm to this House that as Committees of the Senate, we shall not be intimidated or blackmailed. You cannot buy a Christmas tree worth Kshs120,000 for Kshs3.6 million in December the way Bungoma County did and expect us to clap for you or give you a standing ovation.

You cannot do a house warming party for the Speaker’s residence like it happened in Vihiga County where Sen. Osotsi comes from and expect the Committee to celebrate and clap for you. You cannot purchase Kshs55.6 million worth of seedlings in Mandera County, where drought is ravaging, and expect the Committee to celebrate you.

Mr. Temporary Speaker, Sir, what shocked me is Elgeyo Marakwet County. They have what we call seedlings and biological assets of Kshs274 million. Under the financial statements, we found out that the Kshs274 million includes semen, the one which is used to procreate. We were wondering how they can list semen as part of their assets and expect us to sit and clap for them. We cannot!

When you go to Nandi County, Chepterwet Hospital, Kobuchoi Sub County Hospital, Kapseng’ere Hospital - I know Sen. Osotsi knows it - and the Mother and Baby Hospital in Kapsabet Town have stalled. There are leakages of revenue in Kaimosi Agricultural Training College and Kiborgot Tea Estate.

It is very unfortunate that you want us to give a standing ovation to governors when they are mismanaging, running down our counties and not taking care of our values. Even in Kericho County, the area Governor, together with the Governor of Nandi County, opened substandard market stalls with pomp and colour. In fact, the mistake the Governor of Kericho County did was benchmark with the worst Governor in the history of this Republic by the name Governor Sang.

Mr. Temporary Speaker, Sir, I saw and I was embarrassed. That project was done by the World Bank but mismanaged by the County. In fact, I request the Committee on Trade, Industrialization and Tourism to visit Kericho County. I am told that it floods when it rains in Litein Town, where the Governor went to put cabros because there is no

drainage. The whole Town is turned into Lake Nineveh or Lake Victoria. The stalls in Kericho Town do not even have ventilation, they are substandard. I request the Committee on Trade, Industrialization and Tourism to visit Kericho County and save our people from the Pharaoh.

So that I allow my colleagues to contribute, I say that the rest of the clauses just need some clean up. Population and development is very critical; that is what we support.

Mr. Temporary Speaker, Sir, as a lawyer, you know the projections we do as a country. You have seen Hon. John Mbadi, the Cabinet Secretary for National Treasury and Economic Planning talk about inflation rate and how pressure on population will continue.

If my memory serves me right, Nairobi City County is estimated to have a population of 4 million. What that means is that there is pressure on the sewerage, roads, water and infrastructure networks. All of us live in this City and know that when you go to Kilimani, the potholes are shocking. There are people destroying the roads; those building high rise buildings in Kilimani. We want to know who approves them.

Mr. Temporary Speaker, Sir, I thank President William Ruto because he has come to rescue Nairobi City County. The current Governor was running Nairobi into serious---

The transfer of functions has been done under Article 187 to ensure the national Government assists the Nairobi City County in garbage collection since Governor Sakaja’s tenure has become a disaster. I hope the Members of County Assembly (MCAs) of Nairobi City County are watching this. We need a city that is functional; a City that has access to water. I thank the national Government for coming to rescue Nairobi City County from Sakaja's administration mismanagement.

Mr. Temporary Speaker, Sir, with those many remarks, allow me to end there and second this Bill.

I thank you.

Coconut Board was set up through a presidential proclamation and gazetted. However, without a proper law to anchor that institution, with time administrations that followed were not given a proper budget line. As a result, the Coconut Board died a natural death.

Mr. Temporary Speaker, when we say that we want to anchor this Council of Population in law, we are not doing something that is in the air, we are doing something that will ensure that this organisation will continue to subsist even beyond the current administration and future administration. It will only be possible to remove it if another law is passed to remove it from existence.

I, therefore, start by saying that is a good move and it will help anchor the functions of this council. If you look at the draft bill that we are debating today, there is a passage that I think the clause needs to be looked into afresh. This type of drafting has been criticised before but I want to put it again on record that it is wrong for someone to sit here in Nairobi and decide that the only county of the 47 counties in Kenya that needs to host a headquarter of any important institution is Nairobi. Why put it in the law that the headquarters of this organisation will be Nairobi? What should stop in future for this organisation to be headquartered in Tana River County?

We should discourage this kind of centralised thinking as if we have only one county in the rest of Kenya. The drafters in the office of the Attorney General, maybe are old people. They need to go on retirement. They need to know that this country now has 47 counties. You do not draft a Bill that subscribes the headquarters of an important organisation such as this in Nairobi and make it very difficult for future counties to inherit that facility. As we sit here today, there is no national headquarters in Tana River County. No building, no structure from the national headquarters. Here in Nairobi County, there are so many headquarters, there are so many institutions that are headquartered here. Why should we pass this law that says that even the National Council for Population and Development (NCPD) should be headed in Nairobi? Why? New thinking needs to be injected.

I represent this Senate in the Pan-African Parliament where we sit in Johannesburg on behalf of this country. When you look at the South African setup, you have the Parliament sitting in Cape Town, many miles away. You have the Judiciary in Johannesburg. You have the Executive in Pretoria. This is the kind of thinking that we should have.

Why should the NCPD be put here? If you do not want to bring it to Tana River, why not bring it here to Machakos? Why are you congesting Nairobi yet you are a population council? One of your functions is to make sure that there is balanced development. Why not take it to Mombasa? Why not take it to Nakuru? Why not take it to Kisumu? We have to have more creative thinking within the cadres of the drafters. Do not just copy-paste old legislation that has been passed by time.

I appeal to the Committee on Labour and Social Welfare in the Senate to have a clean at this and make an amendment. If you do not, I will propose that amendment. We should remove that kind of old legislative drafting.

Mr. Temporary Speaker, Sir, coming to the importance of this law. This law is so critical. It is so critical that we should have a proper population council. It should be funded adequately. We were in Uganda for the East African Inter-Parliamentary Games.

Those like me, who would go out to jog outside, you would see a very nice big building that is the centre of population statistics in Kampala.

In Kenya, we do not have that yet this is a smaller economy by far. However, we have started doing things that are even surprising us that we should have done. We should have passed this law a long time ago. We should give adequate facilitation and funding to this organisation regardless of where it is anchored in law. Why? This is because its functions are very important. When you come to youth and employment, many of us in our age, have children who are graduating or are in postgraduate in university. These children are all coming out in their thousands every year into the job market.

We need a strong population council that is anchored in law that will be able to do planning. For example, we will need to have a plan on industrialisation. Where are these industries supposed to be? How should we locate them? When the potential investors come to Kenya, where should they be encouraged to go? What are the demographic trends that will guide location of factories amongst other factors? We can use the data, accurate population data, to enable proper planning for the youth population that is coming up.

Mr. Temporary Speaker, Sir, on health facilities, many times, we have had huge campaigns. We say we want to eradicate polio and we have polio campaigns. We want to give mosquito nets, on anti-malaria campaigns. Most times, what we have seen is very unscientific and very discriminatory practises coming from the Ministry of Health Headquarters. This is because they say they are distributing mosquito nets on a pilot scheme. Thereafter, the bosses there ensure that the pilot project goes to their counties.

After six counties are done, you are told that the pilot project ended. You will find counties where malaria is actually a threat, such as Tana River County, are not on that pilot project. With a strong population council, grounded and anchored in law, and supported financially, we will have proper statistics that will inform government and health planning.

Mr. Temporary Speaker, Sir, even in education, how many times have we said that there are places or counties in this country where within a radius of 50 kilometres, you have – we have this university, another university college, another university, another university, yet some other counties do not have a single university campus? Tana River County just has a plan from the Great Lakes University, that this year, now they will establish a campus; the first one. However, government planning is skewed politically. It is not informed by scientific statistics. This takes place because we do not have a strong population council.

Mr. Temporary Speaker, Sir, we shall support this Bill and we want it to be a reality. I have been to counties that will tell you that they will build a new city next year in this direction of town, because we need more schools and hospitals on that side, and they base it on accurate population data.

This is an opportunity for us to make sure that our data is very well supported. The beauty of this Bill is that it is now creating an institution that is transparent. They are going to make everything public. If you want the statistics; they will be available. We are going to fund them to give better information to all of us.

Even for county planning, if we are to get accurate data, most of our counties will rely on this information to do proper county-integrated planning. These plans inform

development within our counties, which we defend and protect in this Senate. Without accurate population data, we cannot do long-term planning like Vision 2030, mid-term plans and county-integrated planning.

We need to have this Bill passed like yesterday. I support that this Bill be passed with the necessary amendments that I have proposed. When the committee sits down to look at it, they should look at those I have proposed, so that the Bill also caters for the interests of counties. Counties should also benefit from the facility that we are creating now and anchoring in law.

Mr. Temporary Speaker, Sir, with those very many remarks, I beg to support. I thank you.

In the modern world, it is very easy to determine what your population is at the click of a button. How do countries with huge populations like India and China determine their population? They do not do a census. It is very easy to know how many Kenyans there are, because when a child is born, he is given a birth certificate. When someone dies, they are given a death certificate or a burial permit. Where does this data go? When kids go to school, they are registered in schools. Where does this data go?

We would not be wasting a lot of money conducting a census to determine our population when we sit on this data every day. I believe it would be very easy to know, almost to perfection, the population of this country if this country invested in data management.

Countries that are succeeding globally are those that have invested in data management. The United States of America (USA) will continue to be a superpower in this world because it has invested in data. That is why they are even paying to get our health data, because they understand the importance of data.

We are in this confusion because we do not know how to tap into our data and manage it. Why would you have a body composed of 13 people in the council and yet they cannot determine the population of the country, when you can determine this by a click of a button? When we talk about the road to Singapore, how are we going to reach Singapore when we cannot do simple things like determining our population?

If I had a way of advising this government, I would advise them to maybe invest in a national data center where all the data that is collected is harmonised and used to determine a number of things, including population.

I know there was an initiative, during President Kibaki's time, when we started something called Integrated Population Registration Service (IPRS), which was linking the departments of Birth and Death and Independent Electoral and Boundaries Commission (IEBC), the national identity card registration and the others. What happened to that exercise? Had that exercise been done very well, then we would not be struggling with the population, to know how many we are in this country, and where every Kenyan is. It would be by click of a button.

I advise this government for free that they need to take seriously the issue of data because data is the next oil for this world. Without that, we will be engaging in pointless and expensive exercise such as what we are doing. For instance, right now, we are struggling with our voter register. We do not know who is alive and who is dead and yet we are sitting on that data. The Office of the Registrar of Births and Deaths knows who has died in this country. The office that registers birth knows who has been born in this country. Our Minister for Education has a system, the National Educational Management Information System (NEMIS) or something, that knows who has registered in a school, at what age, who is going to secondary and all that data.

Why is it that we cannot analyze that data to determine important variables such population or to determine, even with a click of a button, who is supposed to be a voter?

The IEBC is now asking for billions of Kenya Shillings to conduct voter registration when all they need is to invest in technology and get this data by a click of a button. As someone who has vast knowledge in information technology, I advise this government, which promises to go to Singapore, I do not know by foot or how, that if we cannot do these simple things. I believe that Sen. Mungatana’s going to Singapore is not

just by brick and mortar. Some of these simple things can aid our going to Singapore very easily if we have the right data in place. That would help us do a lot of saving.

What is really the function of this Board, when the same work they are doing can be done by other government departments? For example, when I look through this Bill, it reads like another one we passed here, the National Bureau of Statistics Bill. The Ministry of State for Planning and National Development conducts some of these things. This can as well be a department within the same ministry.

Why should it be an independent statutory body? Why do we keep on contradicting ourselves as a country? A few months back, we were told that they were going to merge various parastatals to reduce on the wage bill and also to reduce on government expenditure. Instead of implementing that report we are now seeing, they created additional statutory bodies and parastatals. When you look at it, you wonder if we are serious as a country? This is probably a function that can be done through a meeting. When I look at the list of people who are on the council, half of them are government officers who can sit in their offices and make decisions on these things, without wanting us to spend exchequer to run a body that ideally should not exist.

Mr. Temporary Speaker, Sir, I am expressing my frustrations because sometimes you look at the kind of wastage in our government and wonder why we should spend. I am sure this body will be given, maybe to be modest, at least half a billion shillings every year. That money could go to construct classrooms in Tana River or Bungoma. However, we are paying people to do the job that they ought to be doing.

When I look at the list of the council members, I see the Principal Secretary (PS) for Health, the PS for basic education and the Attorney General. Why can they not just sit in their offices and do a meeting to have these things done without occasioning the need to set up a parastatal or a body that is going to consume money?

As I support this Bill, I have to voice my concerns on the plunder of resources in our government through establishing some of the bodies which ideally duplicate the work of other bodies within government.

Coming to the issues of population in our counties, I think one of the most important innovative things that the Senate should do is to give capability to our counties to also participate in determining population of their own counties because the current population data that we have is wrong. For example, in my own county, we are told our population is around 600,000 people, but ideally, we are over 1 million. Counties must have a strong say in determining population for their respective counties.

As we talk about counties, allow me, because we are talking about population that goes with resources and resources with accountability. Accountability must now become a very important factor in appropriating money to our counties.

Mr. Temporary Speaker, Sir, I think the Finance and Budget Committee should lead the way. We must find a way of incorporating an element of accountability in the formula for division of revenue to our counties. There are counties that receive a lot of resources that are passed by this Senate and they are not accountable. They spend all that money through corruption and when this House questions their corruption, they come out fighting.

I am surprised that the governors have issued a statement saying that they are not going to appear before this House. They made it loud but some of them have been

approaching our committees and telling us, “Please, Chair, give me a good date when I should be coming. Give me a good time when I should come.” When they go to the public, they want to play to the gallery and say; Senators are harassing them.

The Chair of Council of Governors, who is very notorious in terms of appearance before Senate, has written to County Public Account Committee (CPAC) asking for an earlier date but outside there, he is getting his other governors to boycott coming to the Senate.

What I am discussing is not out of tune with what we are discussing, because population is part of the shareable revenue. We have said that any governor who refuses to come to the Senate’s County Public Investments and Special Funds Committee and the CPAC is going to pay for the expenses of the meeting. He is going to pay for the allowances of the support staff who come from the Controller of Budget (CoB), Office of the Auditor-General, Ethics and Anti-Corruption Commission (EACC) and the National Treasury, as well as our allowances for sitting in those meetings.

Secondly, Mr. Temporary Speaker, Sir, we are going to recommend to this House that those particular counties which are notorious and will not appear before these two committees, be left out from the disbursement schedules that we are going to pass, be it shareable revenue or additional allocation that we are going to pass.

Lastly, we must find a way of incorporating accountability component in our formula, so that the counties which are notorious in plundering of resources or which are not appearing in the Senate or have bad audit reports face the pinch of not being accountable. Those governors must be ashamed for their action. This House has to be firm.

In fact, I was just discussing with my colleague of CPAC, Sen. Kajwang’, that it is high time that this House came up with a list of shame, to shame those governors who have bad audit reports and have a bad record of appearing before the Senate to respond to issues. If we do this, we will be instilling discipline in our counties.

Before I end, where is the EACC? If you look at our reports, in nearly all of them, we have recommended that the EACC investigates...

However, when it arrives, our good friends become vultures and vagabonds. I want to pick it there and say that it is not only CPIC and CPAC that are sharpening their legislative knives. Mhe. Mungatana, you know this; that, any other Committee in the Senate is not ceremonial. All committees have the legal tools and ammunition to deal with the truant governors hiding under the Council of Governors.

So, as the former Chairperson of the Senate Standing Committee on Agriculture, Livestock and Fisheries, we will now even go deeper into the details, matrix and logistics that are put in those committees that we lead. So that as much as Osotsi and Sen. Kajwang’ are squeezing them, we are also going to milk them and ensure that the taxpayers' money is protected. For example, somebody will say they have 6,000 peasant farmers in a county, but when you ask them to give you data of the farmers, they fake the identity card numbers and the names and with dry eyes, table those documents to Senate. This Bill is going to give us the legal apparatus to manage this situation.

Mr. Temporary Speaker, Sir, we have a programme of governors feeding Early Childhood Development Education (ECDE) learners. When you ask them for the data they are relying on to feed these young children, they do not have any. Some of the county governments do not even facilitate these young children to get birth certificates, but they are busy running with packets of flour and milk and sacks of rice. However, when you go to the real figures on the ground, some of those children have never seen a cup of porridge. So, we are saying this Bill is good, we support it, there is room for improvement, but it is also going to allow the Senate to oversight county governments based on figures, not emotions and titles.

Therefore, I support this and ask Hon. Senators in all our committees, figures not to lie. Populations do not lie, numbers do not lie, and therefore, we must be able to dispense our duties properly.

Mr. Temporary Speaker, Sir, we have heard the Ministry of Education saying they are losing billions to ghost schools. It again shows that the population matrix in Kenya has a problem. We do not even know how many foreigners are in the country because the immigration system probably has a problem. So, this institution is key in running government ministries, ensuring that the vital national security installations are well catered for. The planning for this country as we move to the trajectory that the President wants us to go is well tailored and this country will not regret.

Finally, in regards to where I come from, I will be keenly following. They are soon going to give free fertilizer, seedlings and inputs to farmers. I will want to see the population index data and the parameters, that they will be benevolently using to give farmers these things. Will it be anchored in law or anchored in a good heart disguised? - a good heart, but more of an appetite for a tender of supplying fertilizer and seedlings, and not for the interest of the poor person at the grassroots. So, I call upon the people of Bungoma County and the people of Kenya to be keen on figures, statistics and population because there is no allocation of funds that is not directly proportional to the populations that we are talking about.

Thank you, Mr. Temporary Speaker, Sir. I support.

the Majority, who is supposed to reply, we will defer the reply to this Bill to the next sitting of the House, so that we progress.

Clerk, please call the next Order.

BILL

Second Reading

THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO. 46 OF 2023)

BILL

Second Reading

THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO. 49 OF 2023)

BILL

Second Reading

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL) (AMENDMENT) BILL (SENATE BILLS NO.1 OF 2024)

(Bill deferred)

BILL

Second Reading

THE CULTURE BILL (NATIONAL ASSEMBLY BILLS NO.12 OF 2024)

BILL

Second Reading

THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE BILLS NO.20 OF 2024)

BILL

Second Reading

THE LIVESTOCK PROTECTION AND SUSTAINABILITY BILL (SENATE BILLS NO.32 OF 2024)

ADJOURNMENT

Now, Hon. Senators, there being

no other business on the Order Paper, the Senate stands adjourned until tomorrow, Thursday, 12th February, 2026, at 2.30 p.m.

The Senate rose at 5.46 p.m.