February 15, 2023 SENATE DEBATE 1

Wednesday, 15th February, 2023

Clerk, do we have quorum?

Good. Let us proceed.

Hon. Senators, I hereby report to the Senate that a petition has been submitted to the Senate by Mr. Kimutai Kirui and other residents of Uasin Gishu County concerning the First Choice Recruitment and Consultancy Agency.

As you are aware, under Article 119 (I) of the Constitution and I quote, “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.” Hon. Senators, the salient issues raised in this petition are:

February 15, 2023 SENATE DEBATE 2

Yes, Majority Leader.

Mr. Speaker, Sir, I beg your indulgence. I know Standing Order No. 237 permits you to allow comments, observations or clarifications in relation to a petition presented and reported. It says such total term shall not exceed 30 minutes, but it does not expressly provide in a situation such as today where you have more than one petition.

In such instances, as per the Standing Order, we refer back to Standing Order No.1 which gives you the authority to guide the House on how to transact any particular business.

My request is that in light of the fact that on the Order Paper there is another petition, perhaps you could allow for it to be read, then allow all of us to make comments because

in the form and text of Standing Order No.237, it is general comments that we are generally making on petitions so Members can speak to either of the Petitions.

Otherwise, the reverse will be that we spend 30 minutes each on both the first and the second Petition. I beg your indulgence if you may permit.

Thank you.

Very well, Majority Leader. Indeed, I am going to call upon Sen. Githuku to present his Petition and thereafter, we are going to make comments on both Petitions within half an hour.

Proceed, Senator.

February 15, 2023 SENATE DEBATE 3

Thank you, Mr. Speaker, Sir. Hon. Senators, pursuant to Standing Order No.232 (1) (b) , I hereby present the Senate Petition by Mr. James Gakonga and other residents of Lamu, Baringo, Nairobi City, Kiambu counties concerning Linda Soka, tapping into Kshs302 billion football economy.

As you are aware, Article 119 (1) of the Constitution says: - “Every person has a right to Petition in Parliament to consider any matter within its authority including enacting, amending or repealing any legislation”. Hon. Senators, the salient issues raised in this Petitions are-:

Sen. Maanzo, proceed.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to comment on those two Petitions. First and foremost, I support them.

At one time I had an opportunity to be the secretary for youth and sport in this country and I am very familiar with what the hon. Senator is presenting. Sports is an industry which brings serious income into the country and employs youths as well as paying well. A footballer who is well known or is in the right football clubs in the world is likely earning not less than Kshs30 million per month and much more.

Ethiopia has now been rebuilt by its sports people who compete with us very closely. One of the biggest challenges is how we interact with the international community and FIFA.

Sometimes we do get some of the sponsorships we should be getting abroad as well as the tapping and harnessing of talent in this country. The other challenge which has taken some years is the stadia especially well developed ones. We should be having serious stadia of international standards at least in every county since devolution started.

February 15, 2023 SENATE DEBATE 4

Proceed, Sen. Kathuri.

Thank you, Mr. Speaker, Sir, for this opportunity to comment briefly on the two petitions.

Mr. Speaker, Sir, I will comment on the first Petition from Uasin Gishu County. As you know, our youths are very desperate because there are no jobs. When they hear of overseas job recruitment, most of them become very enthusiastic that they are going for greener pastures.

From the time I was in the National Assembly, the Committee on Labour and Social Welfare has been grappling with this issue of travelling to Saudi Arabia and other Middle East countries. They need to check whether the youth are going to the right destinations.

The Committee on Labour and Social Welfare of this House was in Saudi Arabia and they reported to this House. It is important that this Committee, which is domiciled in

February 15, 2023 SENATE DEBATE 5

Proceed, Sen. Osotsi.

Thank you, Mr. Speaker, Sir. I have just walked in from the County Public Accounts Committee (CPAC) . I did not know what was being discussed but I have heard Senators talking about sports. Football matters are very dear to me and I need to say something about it.

Sports is a very important sector in this country but it has been taken very lightly by those in management starting from the Ministry, federation and clubs. A lot needs to be done because we have talent, especially in the western region where I come from. Sen. (Dr.) Khalwale will tell you that schools like Kakamega and Musingu High Schools and many others which have come up, are actually factories for producing good footballers.

The Government needs to invest more in programmes to nurture more footballers and sportsmen. When we have all these people going out of the country, getting that big money for playing for the big leagues, that money comes to empower our societies. The Government should put in a lot of effort.

Mr. Speaker, Sir, I support sports and it is important to consolidate those tournaments. It is ridiculous that every politician down there – Members of County Assemblies (MCAs) , Senators and governors – wants to run his own tournament using the same legs. It is important to consolidate all that and have one major and well organised tournament. We need to even have other processes to it such as scouting to identify the right talent. A lot needs to be done in investing in sports.

February 15, 2023 SENATE DEBATE 6

Proceed, Sen. Cheruiyot.

Thank you, Mr. Speaker, Sir. I rise to support both petitions.

On the Petition by residents of Uasin Gishu County, Mr. Speaker, you will recall that when we were last in Dubai, we had an interactive session with Kenyans living in the United Arab Emirates (UAE) and the Gulf region generally.

Many amongst the reasons that they raised, was the issue of agents who do not adhere to the rule of law for one reason or the other. They do not follow the law when they organize Kenyans to go and work in the Middle East in terms of ensuring that they are well taken care of, well compensated and are working in safe conditions.

Mr. Speaker, Sir, there are many agents who take advantage of our young people who are looking for job opportunities. The Committee on Labour and Social Welfare needs to take up this quickly. Already, there is a report of the House on this. I have challenged the Committee on Labour and Social Welfare that they do not even need to travel and waste Kenyans’ money. The report is as new as hardly a year old.

Among the very last businesses that we considered in this House during the last Session is a report of the Committee of Labour and Social Welfare on the situation of Kenyan workers in the Gulf region. All the proposals and recommendations are therein. It is just for them to hold the Ministry of Labour and Skills Development to account and ensure that they do the right thing by streamlining this particular sector. They need to have this technology that is available to help them achieve on that end.

Finally, with regard to the Petition by Sen. Githuku of Lamu County, I did not fully understand why they picked only five or six counties. Football is a popular sport across Kenya. I really did not follow through clearly. I wanted to understand why they arrived at Kshs302 billion and the reason they chose five out of the 47 counties.

Nonetheless, I support any proposal, idea or decision that will enable our young people have a sporting chance. Therefore, I wish that we support it wholesomely. I have seen the new Cabinet Secretary (CS) has put in place a Technical Committee to advise it. I have mixed feelings about it but I do not want to speak a lot about it. However, what we need more even before even the technical advice is to pull resources and ensure that our sporting teams and facilities are facilitated in terms of resources to do the right thing.

February 15, 2023 SENATE DEBATE 7

Proceed, Sen. (Dr.) Khalwale.

Thank you, Mr. Speaker, Sir. I rise to support both Petitions. I wish to speak to the Petitions from the Senator of Lamu.

Mr. Speaker, Sir, we are not serious about our resources. Sports in general and football in particular is now the emerging giant of social economy. The economy of sports has been underrated in that Petition from Lamu; that it has a potential of Kshs302 billion, which is an equivalent to three per cent of our Gross Domestic Product (GDP) .

Mr. Speaker, Sir, if you were to compute that Kshs302 billion which you can attract locally and factor in what the same players once exported to the international market in Germany, China, United Kingdom (UK) , Spain and to a small extent, South America, you would hit almost Kshs800 billion to Kshs900 billion per year.

The Government has to be strategic. I would like our new Cabinet Secretary, who is youthful, to tone down on trying to please fellow youths. He should constitute competent and technical people, backed with previous experience in sports, so as to inform this particular resource.

Mr. Speaker, Sir, can you imagine, for argument sake, a football player like Lionel Messi, can sponsor the budget of the Republic of Kenya for six months, simply because of revenue from his talent in football? The budget of a country!

The potential is there and we do not lack the talent. If you go to the Coast –

I request our leader, Sen. Cheruiyot, to take it easy. Football is in the genes, just like athletics is in the genes of people living around the Rift Valley, Kapsabet and so on. If I was to ask you to try your talent in football - which you love very much; you can stay for exactly 40 minutes without touching the ball, if you were playing in Kakamega.

Mr. Speaker, Sir, it is with a light touch. I like Sen. Cheruiyot. I normally see him playing soccer with his daughter.

February 15, 2023 SENATE DEBATE 8

Sen. (Dr.) Khalwale, your time is up. Proceed, Sen. Chimera.

Mr. Speaker, Sir, I thank you for this opportunity. I rise to support those two Petitions. Allow me to speak directly to the second Petition by my good friend, Sen. Githuku, from Lamu.

Mr. Speaker, Sir, indeed, there can never be a more timely Petition than this. We have all come from quite a long recess. I want to believe that everyone in this House has been running and organizing football tournaments in their respective counties.

It is unfortunate and very shameful that in this day and age, we still continue to engage our youthful members out there, in playing very good football and nothing happens. At the end of the day, we have talent that is wasted. I feel it is time that as a country and the leadership, to make our football pay us. We should make a living out of playing football. It is very shameful that we have a very nice tournament ---

Mr. Speaker, Sir, you can bear me witness together with Sen. Methu, Sen. Chesang and I attended a very beautiful soccer tournament in Kericho. I can imagine the amount of money that was spent there and none of those football players was actually scouted by any foreign or local scouts. For that matter, I urge the Government of the day to consider rolling out a football academy in every county, so that our youthful members do not just play football but they can be scouted, talents natured and promoted. Perhaps, we would end up having football players coming from Kwale playing in our mini-league and internationally.

Mr. Speaker, Sir, with those many remarks, I beg to support the Petition.

Proceed, Sen. Okenyuri and that will conclude the half-an-hour.

Thank you, Mr. Speaker, Sir. I will speak to the Petition by Mr. Kimutai Kirui of Uasin Gishu County on the conning that is going on.

Mr. Speaker, Sir, the conning is not necessarily happening to only young people who are interested in opportunities overseas. It is here with us. The recruitment by Teachers Service Commission (TSC) and the Kenya Defense Forces (KDF) will be coming soon and we anticipate such kind of conning.

I wish to warn young people out there not to succumb to such individuals. You can see such individuals, most of whom are young, driving well-conditioned vehicles and living in houses which they cannot explain their source of wealth or whatever they do to put food on the table.

Mr. Speaker, Sir, the Ministry of Labour and Social Protection needs to conduct a crackdown on some of these agencies, so that we do not have people being conned and no one is held accountable. They are out there walking freely. The Ministry of Labour and Social Protection needs to crackdown, so that Kenyans can have a list of agencies authorized to conduct whatever business they are conducting.

The agencies that have conned unsuspecting Kenyans out there need to be brought to book, arrested and suffer the consequences. We should not just offer advice to people who have lost fortunes that cannot be recovered.

February 15, 2023 SENATE DEBATE 9

The Senate Majority Leader, kindly take your seat. Hon. Senators, as far as the Petition from Uasin Gishu is concerned, pursuant to Standing Order 238 (1) , the Petition should be committed to the relevant Standing Committee for its consideration. In this case, I direct that the same be committed to the Standing Committee on Labour and Social Welfare.

In terms of Standing Order 238 (2) , the Committee is required in not more than 60 calendar days from the time of reading the Prayer, to respond to the Petitioner, by way of a report addressed to the Petitioner and laid on the Table of the Senate. It is so directed.

In regards to the Petition from Lamu, pursuant to Standing Order No. 238 (1) , the Petition should be committed to the relevant Standing Committee for its consideration. In this case, I direct that the Petition be committed to the Standing Committee on Labour and Social Welfare.

In terms of Standing Order No. 238 (2) , the Committee is required in not more than 60 calendar days from the time of reading the Prayer, to respond to the Petitioner by way of a report addressed to the Petitioner and laid on the Table of the Senate. It is so directed.

Next Order, Clerk.

Proceed, Senate Majority Leader.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate.

Sorry, Senate Majority Leader. Kindly take your seat.

February 15, 2023 SENATE DEBATE 10

Thank you, Mr. Speaker, Sir. A word of welcome for the visiting delegation from Busia County Assembly.

I hope they get to interact with our Serjeant-at-Arms department and any other department that they may find relevant to their study as they visit our House. I hope they make the best use of their time and learn from the best.

I have said many times before and I speak from a position of authority that you will struggle to find the kind of competence that we have in the Parliament. So, take advantage. Their visit has come at a sad time when we are mourning one of their sons, a colleague and member of staff, Mr. Wellington Namenge.

As they travel back home, let them take a message of condolence from us, the Senate, knowing that this gentleman served us with tremendous courage and zeal as a Senate and Parliament generally.

I welcome the team from Busia County Assembly. Mr. Speaker, Sir, having said that, I beg to move to the next business.

February 15, 2023 SENATE DEBATE 11 THE MEDIUM TERM DEBT MANAGEMENT STRATEGY

February 15, 2023 SENATE DEBATE 12 REPORT OF THE COB ON THE NATIONAL GOVERNMENT BUDGET IMPLEMENTATION REVIEW FOR THE FIRST QUARTER OF FY 2022/2023

February 15, 2023 SENATE DEBATE 13 THE SENATE CALENDAR FOR THE SECOND

Hon. Senators, as you may have noted, the Senate Majority Leader has tabled the Budget Policy Statement for the Financial Year 2023/2024, the Medium-Term Debt Management Strategy, 2023, the Draft Division of Revenue Bill, 2023; and the Draft County Allocation of Revenue Bill, 2023.

Section 25 of the Public Finance Management Act and Standing Order No. 180 of the Senate, requires the National Treasury to prepare and submit the Budget Policy Statement to Parliament by the 15th of February each year.

Hon. Senators, the Budget Policy Statement is an important financial instrument as it sets out the broad strategic priorities and policy goals that will guide the national Government and county governments in preparing their budgets both for the following financial year and over the medium term. It contains, among other things -

February 15, 2023 SENATE DEBATE 14

I thank you. Next Order.

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

What is your point of order, Sen. Madzayo?

February 15, 2023 SENATE DEBATE 15

Leader of the Minority, I have been very quiet keenly following your argument and I want to pick your point of order but I am not getting it. What is your point of order?

The Senate Minority Leader (Sen. Madzayo) : Mr. Speaker, Sir, I was waiting for the communication and because it was not forthcoming, the only way I would ask for an avenue, as a leader in this House, which I think I am entitled to---

I need a proper explanation as to why the Minority side is not having its leadership in place, as per the letter I wrote to you and as required by our Standing Orders to communicate to the House.

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

Mr. Speaker, Sir, I was waiting for the communication and because it was not forthcoming, the only way I would ask for an avenue, as a leader in this House, which I think I am entitled to--- I need a proper explanation as to why the Minority side is not having its leadership in place, as per the letter I wrote to you and as required by our Standing Orders to communicate to the House.

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

What is your point of order, Senate Majority Leader?

Mr. Speaker, I have no business whatsoever in what happens in the leadership of the Minority side, but I have an interest in the procedures of this House because we are leaders and we respect the rule of law.

February 15, 2023 SENATE DEBATE 16

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

Sen. Olekina, what is your point of order?

Mr. Speaker, Sir, I consider this as a House of union and reason. With humility, I rise to try and persuade us that this House is guided by nothing but these Standing Orders.

Mr. Speaker, Sir, the minority side is defined in the Standing Orders. If you go to Standing Order No.2, it defines what a parliamentary party is. With your permission, I will read it:

“Parliamentary party means a party or a coalition of parties consisting of not less than ten Senators.”

February 15, 2023 SENATE DEBATE 17

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

Sen. Abdul Haji, what is your point of order?

February 15, 2023 SENATE DEBATE 18

Mr. Speaker, Sir, I will not purport to know what the Standing Order dictates in this particular moment. However, I would like to take this opportunity to talk to the colleagues on my side.

As far as I am concerned, in my personal opinion, this is a rush decision.

Can I finish? May I be protected, Mr. Speaker, Sir?

Can the Senator be heard in silence? Hon. Senators, we spent time yesterday reminding ourselves about the Standing Orders. We agreed that going forward, we are going to walk the straight and narrow. If you are not going to respect the Standing Orders, I am afraid, I would rather preside over an empty Chamber than preside over a market.

May the Senator be heard in silence?

Sen. Sifuna, Sen. Haji is on a point of order.

What is his point of order?

The same point of order.

Sen. Sifuna, it is the Chair to be concerned about his point of order. It is not your concern. I am the presiding officer here.

Proceed, Sen. Abdul Haji.

Thank you, Mr. Speaker, Sir, for your protection. I clearly stated earlier that I am talking to my colleagues. I think this is a rush decision because you are basing your decision on the way it is portrayed out there and what you are getting from the media.

As colleagues in the same coalition and as leaders, if you got wind that there is a problem on the side of Jubilee Party, the best thing is to reach out to the Jubilee Party and find out why Members of the party are disgruntled about being in the Azimio la Umoja– One Kenya Coalition Party. However, what you have simply done is to jump into conclusion that the Jubilee Party wants to get out of the Azimio la Umoja–One Kenya Coalition Party and this is the right time to punish individual Members.

Mr. Speaker, Sir, just a few months ago, we had a similar issue in this House. It is the same Secretary General of the Orange Democratic Movement (ODM) , Sen. Sifuna, who kept reminding me that as Senators, we are leaders and therefore we should not take direction from the principals.

Now, it seems the same Members are taking directions from people outside this House to make decisions and to chat the way for the Members of the coalition. It seems like certain Members are itching for certain positions of leadership in this House.

The right thing would have been to wait and see if the threat made by a certain Member of the Jubilee Party to exit the coalition was true then make your move on individuals holding positions that you want to take.

February 15, 2023 SENATE DEBATE 19

What is your point of order Sen. Kathuri?

Thank you, Mr. Speaker, Sir. I do not want to get to the details of the reasons why there are some movements of the leadership in the Minority side. However, I have been struggling to read this Standing Order No. 23 all the way to 6 (b) . There is nowhere that the Speaker is given time to respond to the request by the Senate Minority Leader.

I find it a bit strange that the Senate Minority Leader can come to the Floor of this House to demand. He is furious that you should give a response to him immediately after he had served you the letter.

Mr. Speaker, Sir, your office is an honourable office. If we will not respect it then we are moving in the wrong direction. I kindly request the Senate Minority Leader to hold his horses and give the Office of the Speaker time.

I am now speaking as the Senator of Meru County not as the Deputy Speaker. So that we can have respect in this House, you must be given time to even understand the reasons because at the end of the day, we will stop at you.

Also, the Senate Minority Leader is out of order to come and reprimand the Speaker to give you an answer on the Floor.

February 15, 2023 SENATE DEBATE 20

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

please proceed.

Mr. Speaker, Sir, I am rising on Standing Order No. 23. Yesterday, you rightly pointed out that you are strictly going to conduct the business of this House using the Standing Orders and we supported.

I implore you to strictly adhere to that directive. This is because the matter before you is defined in the entire Standing Order No. 23 specifically, 23 (6) .

It says- “Upon a decision being made by the Minority Party under this Standing Order, the decision of the Party shall be communicated to the Speaker in writing, together with the minutes of the meeting at which the decision was made”. Mr. Speaker, Sir, I believe we are going contrary to the Standing Orders by allowing debate on this matter. It is simply a communication to you and you verify the documentation and the particulars that have been given to you, then communicate to the House. It is out of order for Senators to debate this matter. The Standing Order is very clear that it just requires a communication.

Secondly, do not be invited to be a judge on a matter that involves a political party. We have had rulings. When I was in the National Assembly, this matter came up, we had a ruling. In the last Senate, this matter came up with a ruling.

The Speaker clearly pronounced that he is not a judge in a matter of a political party. You simply communicate the communication that has been made to you by the respective party.

Mr. Speaker, Sir, based on your pronouncement yesterday, we would want to urge you to strictly adhere to the provisions of the Standing Order.

What is your point of order Senate Minority Leader, Sen. Madzayo?

February 15, 2023 SENATE DEBATE 21

What is your point of order Senate Minority Leader, Sen. Madzayo?

Mr. Speaker, Sir, as I stated, I know you have made a ruling on this matter on what has been stated here in form of a debate with regards to the letter that I have written to you.

Senate Minority Leader, kindly take your seat. Hon. Senators, please, take time to read your Standing Orders. If you do that, we will to have minimal interjections as we prosecute business in this House.

When the Chair makes a ruling, you do not revisit that matter. It is here. I allowed the Minority Leader to stand on a point of order, hoping that he was going to pick on a different matter that I have not ruled on. I have already ruled on that matter.

If you rise on a point of order, it must be on a different subject and not that particular matter. That matter rests until the Chair gives its ruling. Thank you.

Next Order.

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

Sen. Abdul Haji, you have the Floor.

Thank you, Mr. Speaker, Sir. Mine is on a different matter because I know you have ruled on the previous matter.

I would like to inform the House that Jubilee Party has equally written a letter regarding this matter. Therefore, I also request your good office to make a ruling, having looked at those letters from the Coalition.

February 15, 2023 SENATE DEBATE 22

Sen. Abdul Haji and Hon. Senators, maybe I will switch to Kiswahili, so that we may make progress.

Waheshimiwa Maseneta, ninawasihi tusome Kanuni za Kudumu zinazoendesha ratiba ya Bunge la Seneti. Tukifanya hivyo, shughuli yetu ya Bunge itakuwa rahisi sana. Bunge hili liko na sheria zake. Hata tupitie shida aina gani, shida hiyo iko na sheria zake ambazo zimewekwa wazi hapa.

Nimewasikiliza wale waliosimama kwa hoja za nidhamu na nikasema nitatoa uamuzi wangu. Pia nikasema ikiwa una jambo ambalo linahusu lile swala ambalo tayari tumeshazungumzia katika hoja zenu za nidhamu, hakuna haja kusimama na kulizungumzia tena.

Sen. Abdul Haji, unayoyazungumza ni yale ambayo tumeshazungumza. Kwa hivyo, umekiuka nidhamu.

Tafadhali, mambo ya barua iliyoandikwa na Kiongozi wa Walio wachache nimeyazungumzia hapa. Mambo ya barua ambayo Sen. Abdul Haji amezungumzia, pia iko mezani mwangu. Wakati ninatoa uamuzi, hayo yote tutayaweka bayana na hatutachelewa.

Ni kweli kwamba upande wa Walio Wachache wanasema kuwa wako na hamu ya kwamba tulitatue jambo hili na twende mbele. Mimi ninawahakikishia upande wa Walio Wachache, kwamba kamwe sitachukua muda kutatua jambo hili. Uamuzi wangu utakuja kwa haraka na sidhani kwamba tutachelewesha haki yenu.

Kwa hivyo, tafadhali mada hii ambayo tumeshaizungumzia tuiwache pale kisha mnipatie fursa ili nilete uamuzi. Na mimi sitauchelewesha uamuzi wangu.

Asanteni.

Mr. Speaker, Sir, I beg to lay before the House the following Paper, today, 15th February, 2023: -

Report of the Standing Committee on Justice, Legal Affairs and Human Rights on the consideration of the Parliamentary Powers and Privileges Amendment Bill, Senate Bills No.5 of 2022.

Mr. Speaker, Sir, I beg to lay before the House the following Paper, today, 15th February, 2023: -

Report of the Standing Committee on Justice, Legal Affairs and Human Rights on the consideration of the Parliamentary Powers and Privileges Amendment Bill, Senate Bills No.5 of 2022.

Next Order.

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

February 15, 2023 SENATE DEBATE 23

Sen. Olekina, proceed.

Bw. Spika, hata mimi nitajaribu kunena kwa Kiswahili. Ninasimama kulingana na Kanuni ya Kudumu ya Kwanza, ambayo inasema kwamba Bw. Spika atatoa mwelekeo katika jambo ambalo halijazingatiwa katika Kanuni za Kudumu.

Sijui iwapo nimeharibu Kiswahili ama nimeongea vizuri. Langu ni kwamba, tunapotazama hizi Kanuni za Kudumu ili tuwe na mwelekeo mzuri, ningekusihi kwa heshima kubwa utupatie tarehe kwa sababu ya jambo moja.

That is the same issue.

Bw. Spika, ninaomba sekunde 20 peke yake.

Sen. Olekina, tafadhali, rejea kwenye kiti chako, ukae na utulie.

Next Order, please.

Bw. Spika, Hoja ya nidhamu!

Sen. Sifuna, endelea.

Bw. Spika, ninajua kwamba niko kwenye vitabu vyako vibaya na labda hunioni. Ninaomba tu mwongozo wako. Iwapo Seneta atasimama, azungumze na anitaje ama amtaje Seneta mwingine, mbona huwezi kumpa yule Seneta aliyetajwa, nafasi ya kujitetea, ili uamuzi wako nao ujumuishe maoni ya kila mtu?

Ndugu yangu, Sen. Abdul Haji amezungumza na akataja mambo fulani kunihusu mimi kama Katibu Mkuu wa Chama. Hujanipa fursa nizungumzie madai ambayo ametoa dhidi yangu. Sio kulingana na mada ya barua ya mstahiki Kiongozi wa Walio Wachache. Madai aliyotamka dhidi yangu binafsi kama Katibu Mkuu wa chama cha Orange Democratic Movement (ODM) . Hilo ndilo lilikuwa linaniwasha hapa.

Tumefika wakati ambao tunaona iwapo sheria ni msumeno wa kweli, ukate Sen. Sifuna na ukate wale wengine. Mimi ninahisi kana kwamba sisi wengine umetuweka pembeni na maoni yetu hayahitajiki kwenye mijadala katika Nyumba hii.

Ninaomba uamuzi wako. Je, jinsi ambavyo Seneta wa Kaunti ya Garissa amezungumzia maswala ambayo yanaambatana na mimi mwenyewe kama Katibu Mkuu wa chama, nitapata fursa gani? Ni baada ama kabla ya uamuzi ambao unapania kutoa kuhusu swala nzima?

Tafadhali Waheshimiwa Maseneta, ninafikiri tumeijadili hii mada. Nimezungumza na nikawaambia tutakavyoendelea.

Sen. Sifuna, ninataka nikuambie sasa, wakati ninafanya uamuzi, jina lako halitakuwa katika uamuzi huo. Kwa hivyo, usiwe na shaka, kwa sababu katika maamuzi yangu, sitataja majina ya Maseneta.

February 15, 2023 SENATE DEBATE 24

Thank you, Mr. Speaker, Sir. I rise to give notices of the following Motions-

February 15, 2023 SENATE DEBATE 25

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

Mr. Speaker, Sir, you made a ruling based on a communication that was given to you in what appears as late notification. The changes that are being made by the other side of the House---

Sen. Oketch Gicheru, have you just walked in?

Mr. Speaker, Sir, I am referring to the Notice of Motion the Senate Leader of Majority has given.

As you are raising a point of order, do not refer or infer on the other matter.

Mr. Speaker, Sir, I apologise. The Order we are discussing was not communicated at the right time. We are observing a situation where they are having changes made, while ours are not being made concurrently.

February 15, 2023 SENATE DEBATE 26

Sen. Oketch Gicheru, take your seat, when the Chair is upstanding.

Hon. Senators, yesterday, we spent time constituting the Senate Business Committee (SBC) . After electing the SBC, we proceeded to have our first meeting. In the meeting, the SBC looked at the business that is supposed to appear on the Order Paper.

One of the business passed by the SBC to appear on the Order Paper today is what the Senate Majority leader has read. If the Minority Party had a similar issue like the changes done by the Majority Party, nothing would have stopped them from placing the matter before the SBC.

In that meeting, the Senate Minority Leader asked and I told him that he could make changes and convene an extraordinary SBC to carry the changes in the Order Paper. This has not been done. Sen. Oketch Gicheru, stand guided. Whatever you are seeing in the Order Paper is a product of SBC and not one from the Majority side.

Sen. Githuku, proceed.

Asante sana Bw. Spika. Nakushukuru sana kwa muongozo huo. Mimi kama mwanachama wa Jubilee, nafahamu kwamba wakenya wamechoka. Hatutaki maandamano. Umetoa uamuzi na tunafaa turejelee shughuli zetu kwenye Ratiba. Maseneta wameanza kutoka nje badala ya kuendelea na kazi tunayofaa kufanya.

Sen. Githuku, what is your point of order?

Mr. Speaker, Sir, I beg to give Notice of the following Motion - THAT, AWARE THAT period poverty refers to the common challenge plaguing women globally, wherein they are unable to attend schools or work as a cause of lack of funds for sanitary products, that is both a health risk and a signal of gender inequity.

Mr. Speaker, Sir, I beg to give Notice of the following Motion - THAT, AWARE THAT period poverty refers to the common challenge plaguing women globally, wherein they are unable to attend schools or work as a cause of lack of funds for sanitary products, that is both a health risk and a signal of gender inequity.

May Sen. Orwoba be heard in silence?

Mr. Speaker, Sir, kindly. FURTHER AWARE THAT in rural Kenya, two out of three pad users receive pads from sexual partners and 65 per cent of women and girls cannot afford sanitary pads, forcing them to use alternative materials like grass, cotton wool and cloth which lack adequate absorbent qualities resulting in frequent leakage and hygiene issues; CONCERNED THAT period poverty also referred to as the “shadow pandemic” contributes to global and regional gender inequity, as women are forced to solicit help from men in order to satisfy a basic

February 15, 2023 SENATE DEBATE 27

Thank you, Mr. Speaker, Sir. I beg to give notice of the following- THAT, AWARE THAT energy is an essential factor of production and its total consumption is a major determinant of performance of the economy with its cost and reliability, spurring or stifling economic growth; FURTHER AWARE THAT, there has been a significant growth in the demand for electricity in Kenya driven by economic growth and increased efforts towards rural electrification while the supply has been constrained due to and among other factors, the over-reliance on hydro-

Thank you, Mr. Speaker, Sir. I beg to give notice of the following- THAT, AWARE THAT energy is an essential factor of production and its total consumption is a major determinant of performance of the economy with its cost and reliability, spurring or stifling economic growth; FURTHER AWARE THAT, there has been a significant growth in the demand for electricity in Kenya driven by economic growth and increased efforts towards rural electrification while the supply has been constrained due to and among other factors, the over-reliance on hydro-

February 15, 2023 SENATE DEBATE 28

What is your point of order, Senate Majority Leader?

Mr. Speaker, Sir, I beg to indulge you together with my colleagues. The Order Paper is quite heavy and we are still doing notices of Motion.

If you were to approve the same notices of the same Motions, chances are that between now and the rise of the House at 6.30 p.m., we may not debate any of those Motions.

While handling that and taking into consideration what is happening in the House, one important factor is the fact that there are also two colleague Senators who are not serving in any Committee whatsoever. They are Sen. Wafula and Sen. Kisang. We have proposed that in Orders No.11 and 12.

February 15, 2023 SENATE DEBATE 29

Senate Majority Leader, kindly approach the Chair. (The Senate Majority Leader

Hon. Senators after consulting the Senate Majority Leader, we will proceed with the Order Paper as drawn.

The Chairperson of the Standing Committee on Finance and Budget, proceed.

We are going to defer Sen. Wamatinga’s Notice of Motion. Next Order.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order 52 (1) to make a Statement on a matter of national concern, namely; to register my displeasure in the manner in which our public educational institutions are treating our Muslim girls, by restricting the observance of their faith through banning them from wearing the hijab, which is a blatant discrimination of enjoyment of their right to education.

Mr. Speaker, Sir, whereas Kenya is a secular State, it is not founded on hostility to religion. Rather, the Constitution itself, in the Preamble, acknowledges the supremacy of Almighty God and contains in its Second Schedule, the National Anthem, which is a prayer invoking God’s Lordship over the Nation. The people of Kenya in the Preamble to the Constitution proclaim that we are:-

“Proud of our ethnic, cultural and religious diversity and determined to live in peace and unity as one indivisible sovereign Nation.” This shows that it is incumbent upon all schools to teach students from an early age determination to live in peace undivided in spite of diversity at micro and national level, must be translated even at micro school community.

February 15, 2023 SENATE DEBATE 30

February 15, 2023 SENATE DEBATE 31

Just a minute, Sen. Mariam Omar. Can you kindly summarize because the Statement that I have here is brief?

Mr. Deputy Speaker, Sir, I am almost done.

Kindly skip what you can.

Okay, Mr. Deputy Speaker. The validity and the right to hold religious beliefs are not dependant on general acceptance on majority votes. They are personal to the individual in accordance with their inner life and must be respected because they are clear not to observers, but to believers.

I am pleading with our educational institutions that Muslim girls be allowed to wear a limited form of hijab

as a manifestation, practice and observance of their religion consistent with Article 32 of the Constitution of Kenya and the right to equal protection and benefit of the law under Article 27

(5)

of the Constitution.

All these provisions and pronouncements in the Constitution are not mere platitude. They are not words devoid of significance, rather they are firm commitments made by the people of Kenya as part of the vision of the societies they wish to live in. They are mutual reciprocal promises made by and to all Kenyans and they are binding rules.

It is my considered opinion that the duty of the courts in interpreting the Constitution ought to ensure the value which finds expression to the Bill of Rights be given a broad meaning and be considered as a living, active essential and not a lifeless form. The court must breathe into to the constitutional text to give it relevancy.

Mr. Deputy Speaker, Sir, in conclusion, in the words of the former Chief Justice of South Africa, Pius Langa, who raised vital questions about the nature of discrimination in court; “the display of religion and culture in public is not a parade of horrible, but pageant of diversity which will enrich our schools and in turn our country.”

I thank you.

The Statement stands committed to the Committee on Education.

(The Statement was committed to the

February 15, 2023 SENATE DEBATE 32

Please proceed, Majority Whip.

Please proceed, Majority Whip.

Mr. Deputy Speaker, Sir, I beg to move the following procedural Motion-

THAT, pursuant to Standing Order 111 (1) , the Senate resolves that debate on a Motion not sponsored by the Majority or Minority Party or a Committee shall be limited in the following manner- A maximum of three hours with not more than twenty minutes for the Mover, twenty minutes for the Majority Party official responder, twenty minutes for the Minority Party official responder and fifteen minutes for each other Senator speaking; and further that fifteen minutes before the time expires, the Mover shall be called upon to reply. Mr. Speaker, Sir, this is a purely Procedural Motion. It is in keeping with the traditions and customs of this House, that a Motion like this one is normally dispensed with the soonest.

Mr. Deputy Speaker, Sir, I beg to move and invite Sen. Tabitha Mutinda to second.

Please proceed, Sen. Tabitha Mutinda.

Mr. Deputy Speaker, Sir, I second.

Yes, Sen. Cherargei. Do you want to contribute? Okay, proceed.

February 15, 2023 SENATE DEBATE 33

Mr. Deputy Speaker, Sir, I rise to support this Procedural Motion. I thank the Majority Side for bringing this Motion. We agreed that 20 minutes is sufficient for the Mover, the Majority and Minority side, although I can see they are not there. They must be busy with other things and thus betraying the trust of many Kenyans that voted for them. Mr. Speaker, Sir, for us Senators, it is 15 minutes. It will allow us to coalesce and collate our ideas, so that we can give substantive arguments when we come to speak in the House. I think 15 minutes is sufficient for anybody to come up with issues. Our Standing Orders are flexible at some point, on the 30 minutes, which is provided for Petitions and Statements. In future, I will request the Senate Business Committee (SBC) and your Office, to look into the issues of Statements because sometimes, some of the Statements coming before the House are live issues. Therefore, an opportunity should be given to matters of county or national concern. If you even look at the Petition that was presented today these are some of the live issues, we want to talk about. It was on the alleged fraud by the First Choice Recruitment and Consultancy Agency as read by the Speaker. Over 500 people were affected. Allegedly, some of them were lied to go and work during the World Cup event. Many widows, single mothers and orphans sold their land in Uasin Gishu, so that they could go to work during the World Cup event. Mr. Deputy Speaker, Sir, these are some of the issues that we really want to grapple with. The Senate is being trusted. This Petition is very crucial, just like any other Motion or Statement that we bring to the House. As you can see, the Petition has indicated that the DCI, the EACC and other agencies have failed in their job. The sad reality is that among the traitors and those who betrayed the people of Uasin Gishu some are in leadership positions. I believe that going into the future, when we bring serious issues that are alive, such as today’s Petition, we will come up with a report. If it is a report on First Choice Recruitment and Consultancy Agency, I request your office and SBC to follow up on implementation. If an implementing agency has failed to do their job, let them be held accountable because corruption can be nurtured when action is not taken on such cases. I laud the Majority Whip for bringing this Motion. These are issues that we can dispense with and proceed with substantive Motions. I support. The Deputy Speaker (

Thank you, Sen. Wakili Sigei. I now call upon the Mover to reply. Sen. (Dr.) Khalwale, you must be very attentive because you are the owner of this Motion.

Mr. Deputy Speaker, Sir, I beg your pardon.

February 15, 2023 SENATE DEBATE 34

Mr. Speaker, Sir, I thank the three Members who have contributed to this Motion.

I beg to reply.

Next order. Proceed, Senate Majority Whip.

I request the Mover to reply.

Mr. Speaker, Sir, I thank the three Members who have contributed to this Motion.

I beg to reply.

Next order. Proceed, Senate Majority Whip.

February 15, 2023 SENATE DEBATE 35

From where I sit, no Senator is willing to contribute. So, I call upon the Mover to reply.

Thank you, Mr. Deputy Speaker, Sir. I rise to reply and wish to thank the House for being united in the urgency of this matter.

I beg to reply.

February 15, 2023 SENATE DEBATE 35

Next Order. Proceed, Senate Majority Whip.

Thank you, Mr. Deputy Speaker, Sir. I rise to reply and wish to thank the House for being united in the urgency of this matter.

I beg to reply.

Pursuant to Standing Order No.84 (2) , I determine that this matter does not affect counties. Therefore, I will put the question.

Next Order. Proceed, Senate Majority Whip.

Mr. Deputy Speaker, Sir, I sat because you started talking. I could not remain standing when the authority of the Chair was having the microphone.

Mr. Deputy Speaker, Sir, I invite the Vice Chair of the Standing Committee on Budget and Finance, the distinguished Sen. Tabitha Mutinda, to second.

Thank you, Mr. Deputy Speaker, Sir. I second.

February 15, 2023 SENATE DEBATE 36

Mr. Deputy Speaker, Sir, I support the Motion. However, in my experience, we have had a serious problem with time, even when we debated the last Presidential Address in the House.

Essentially, the Presidential address touches on important issues on which Members want to contribute. Fifteen minutes it a short time, but in this particular one, I support. However, in future, we should increase the time limit because last time I could not say as much as I wanted to.

I support.

Thank you, Sen. Cheptumo. From experience, every Senator is always interested in contributing. At times, Members even propose that contribution time for each Senator be reduced to five minutes.

Let us hear from Sen. Wakili Sigei.

Mr. Deputy Speaker, Sir, ordinarily, the President is expected to address the House once every year. In that particular Address, he addresses all sectors affecting the country.

Limiting the time is for a good reason. Therefore, as and when the President has addressed the House, it is also appropriate to limit the time which the Members can speak to the speech.

I support the timeline given so that the House can transact its business, debating it for three days. This could mean discussing the matters affecting the nation as at the time and thereafter, revert to its normal business.

Proceed, Sen. Cherarkey.

Thank you, Mr. Deputy Speaker, Sir for this opportunity. Limitation is very important. However, in future, in the interest of time, and to dispense of the business; the Senate Business Committee (SBC) and the House leadership can decide to standardise it to 20 minutes for both Majority and Minority sides.

As my colleagues have said, this is the only time that the President has the opportunity to address Parliament and it is once. There are many reports that the President brings on board. He is tabling reports and there are also issues he is raising. For example, prevailing issues and issues that have happened. This is a constitutional obligation. It is in the interest of all of us that every Senator should at least say something about the State of the Nation Address.

It is a tradition practiced all over the world. You saw what was happening in the United States of America (USA) and other many jurisdictions. In my opinion, we must limit the debate. I think that the drafters of the Standing Orders assume that the Majority

February 15, 2023 SENATE DEBATE 37

Sen. Cherarkey, to defend this seat that I am sitting on, the Speaker has no vote. When you are told kata, it is not the Speaker who does the ‘kataring’. It is the House that makes the decision because the Speaker always puts question whether the Members allow two minutes or five minutes.

Next time you should mobilize these normal low-ranking Members to refuse that decision. I can see that there is no other Senator interested. I want to determine that this matter does not affect counties so that we do not contravene Standing Order No. 84 (2) and then I put the question.

Oh! Sorry. The Mover should reply first.

Mr. Deputy Speaker, Sir, you have captured the mood correctly. We are trying to move as fast as possible. I want to thank all the Members for their contribution. So that does not look like I was being selective, President Mwai

February 15, 2023 SENATE DEBATE 37

You can see now you are now almost spoiling the good mood the whole afternoon. This Bill does not concern counties. I put the question.

Next Order.

Mr. Deputy Speaker, Sir, you have captured the mood correctly. We are trying to move as fast as possible. I want to thank all the Members for their contribution. So that does not look like I was being selective, President Mwai

February 15, 2023 SENATE DEBATE 38

You can see now you are now almost spoiling the good mood the whole afternoon. This Bill does not concern counties. I put the question.

Next Order.

Next order. First Reading

Next order.

February 15, 2023 SENATE DEBATE 39

(Bill deferred)

This Bill is sponsored by Sen. Danson Mutangana, the Senator for Tana River County, who is not in the Chamber. The Bill is, therefore, deferred.

(Bill deferred)

This Bill is sponsored by the Senator for Homa Bay County, Sen. Moses Kajwang. I can see he is not in the Chamber for reasons better known to him. Therefore, this Bill is deferred to a later date. Next Order. Second Reading

Mr. Deputy Speaker, Sir, on the same that you have guided the House on the Mung Beans Bill (Senate Bills No.13 of 2022) , the Senator is also not in the House.

It was just the First Reading, but the others, which were ripe for debate were Nos.14 and 15. That is well executed, Sen. Mutinda.

Sen. Samson Cherarkey, proceed.

Mr. Deputy Speaker, Sir, looking at the time that we still have, it is like one hour and thirty minutes before the close of business.

February 15, 2023 SENATE DEBATE 40

Thank you, Sen. Cherarkey.

Mr. Deputy Speaker, Sir, when you rule, I will be well guided. I believe when you speak, you will not only do so as the Deputy Speaker of the House, but also as a member of Njuri Njeke.

February 15, 2023 SENATE DEBATE 40

February 15, 2023 SENATE DEBATE 41

Mr. Deputy Speaker, Sir, when you rule, I will be well guided. I believe when you speak, you will not only do so as the Deputy Speaker of the House, but also as a member of Njuri Njeke.

Sen. Cherarkey, all these issues you have canvassed are right. I put this matter to SBC whose Members are here and the hon. Speaker is the Chair. It will be well discussed in the next SBC meeting so that we do not waste time. This is because we will be adjourning almost one and a quarter hour to time.

Sen. Wakili Sigei and Sen. Mutinda had point of orders. Next Order.

I had called this order, but there was a point of order from Sen. Tabitha Mutinda. I also said that the Senator for Tana-River County, Sen. Mungatana, is not in the House to prosecute this Bill. Therefore, it stands deferred until he struggles to get some other time through the SBC.

February 15, 2023 SENATE DEBATE 41

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until Thursday 16th February, 2023 at 2.30.p.m.

The Senate rose at 5.15 p.m.