THIRTEENTH PARLIAMENT

Fifth Session

Wednesday, 15th July, 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

COMMUNICATION FROM THE CHAIR

SUBSTANTIATION OF FACTS PURSUANT TO STANDING ORDER NO.105

Hon. Senators, as you will recall, during the sitting of the Senate held on Tuesday, 14th July, 2026, while commenting on the Statements, the Senator for Nandi County, Sen. Samson Cherarkey, MP, stated as follows-

“I would like to thank the President for following up on his word on the 10-point agenda by ensuring that Kshs10 billion was allocated and provided for. The sponsor of Linda Mwananchi, Uhuru Kenyatta, in the last session, committed Kshs10 billion.”

At that point, I cautioned the Senator for Nandi and urged him to ensure that his remarks were factual. Subsequently, the Senator for Nairobi City County, Sen. Edwin

Sifuna, MP, rose on a point of order, pursuant to Standing Order No.105, challenging Sen. Cherarkey to substantiate his allegation that Linda Mwananchi campaigns are being sponsored by former President Uhuru Kenyatta.

Hon. Senators, as you are aware, Standing Order No.105 states that– “(1) A Senator shall be responsible for the accuracy of any facts that the Senator alleges to be true and may be required to substantiate any such facts instantly.

1. (2) If a Senator has sufficient reason to convince the Speaker that the Senator is unable to substantiate the allegations instantly, the Speaker shall require that such Senator substantiates the allegations not later than the next sitting day, failure to which the Senator shall be deemed to be disorderly within the meaning of Standing Order 121 (Disorderly conduct), unless the Senator withdraws the allegations and gives a suitable apology, if the Speaker so requires.” I, therefore, directed Sen. Cherarkey to substantiate his remarks as required, pursuant to Standing Order No.105(1). However, Sen. Cherarkey was not able to substantiate his statements instantly and requested for time to do so at the next sitting, pursuant to Standing Order No.105(2), which is today.

Accordingly, and pursuant to Standing Order No. 105(2), I now invite Sen. Samson Cherarkey, MP, to forthwith substantiate his statement, failure to which, the Senator shall be deemed to be disorderly within the meaning of Standing Order No.121. In the absence of such substantiation, the Senator will be required to withdraw the statement and apologise to the Senate.

Hon. Senator for Nandi, you may proceed to substantiate.

Let us go to the next Order.

PETITIONS

LIMITATION OF TENURE OF NOMINATED MEMBERS OF COUNTY ASSEMBLIES

I thank you. (The Petition was committed to the Committee on Justice, Legal Affairs and Human Rights) Next Order.

Sen. Sigei, kindly take your seat.

RE-INTRODUCTION OF THE ELECTIONS (AMENDMENT) BILL, 2021

Hon. Senators, pursuant to Standing Orders No.236(2)(v), I hereby report a Petition by Mr. Muhammad U. Alasow seeking for the introduction of the Elections Amendment Bill.

As you are aware, under Article 119(1) of the Constitution and I quote: “Every person has a right to petition Parliament to consider any matter which is within its authority, including to enact, amend, or repeal any legislation.”

The most important issues raised in this Petition are as follows. That the Petitioner seeks for the reintroduction of the Elections (Amendment) Bill, 2021 to amend the electoral laws to permit candidates contesting elective positions to have their popular or commonly known nicknames included on ballot papers alongside their official names. That many Kenyan voters, particularly those in the rural and marginalized communities know candidates by their popular names rather than their official names.

That the absence of popular names on ballot papers contributes to voter confusion, candidate misidentification and rejected ballots. That including popular names would enhance voters' ability to identify the preferred candidates, reduce voter confusion and electoral errors, strengthen electoral transparency and integrity, promote inclusivity, particularly for less literate voters and increase public confidence in the electoral process.

Consequently, the Petitioner prays that the Senate reintroduces, considers and passes the Elections (Amendment) Bill.

Hon. Senators, pursuant to Standing Orders No.238(1), I hereby commit the Petition to the Standing Committee on Justice, Legal Affairs, and Human Rights for consideration. In terms of Standing Orders No.238(2)(a), the Committee is required in not more than 60 calendar days from the time of reading this prayer, which is today, to table the report in the Senate for consideration.

I thank you. (The Petition was committed to the Committee on Justice, Legal Affairs and Human Rights)

Next Order. The Senate Majority Leader?

PAPER LAID VARIOUS REGULATIONS ON GAMBLING CONTROL

QUESTIONS AND STATEMENTS

STATEMENTS

Request for statements pursuant to Standing Orders No.53(1). Is the Senator for Mombasa County, hon. Mohamed Faki not here? That statement is dropped.

JANGA LA MOTO MARA KWA MARA KATIKA OFISI ZA SHIRIKA LA MOWASCO

(Statement dropped) Sen. Faki had two statements. Both of them are dropped.

UAJIRI WA WANAJAMII KATIKA CHUO CHA KITAIFA CHA UFUNDI ANUWAI CHA PWANI

(Statement dropped)

Is the Senator for Machakos County, the hon. Agnes Kavindu not here? That statement is dropped.

WASTAGE OF PUBLIC RESOURCES AND BALLOONING WAGE BILL IN MACHAKOS COUNTY

(Statement dropped) The Senator for Busia County, the hon. Andrew Omtatah.

DELAYED APPOINTMENT OF A SUBSTANTIVE DIRECTOR GENERAL AT KEMRI

1. (1) Details of all acting appointments at the Kenyan Medical Research Institute (KEMRI) including the list of persons who have served in acting capacity since 2022 and their eligibility for substantive appointment.
2. (2)The legal and policy basis clarifying the framework governing the duration and renewal of acting appointments made since the director general position fell vacant in

1. 2022.
   1. (3) The reasons for the prolonged delay in appointing a substantive director general, outlining actions taken by the KEMRI Board to resolve the matter and the outcomes of such efforts.
   2. (4) The steps being taken to resolve the issue, detailing measures being undertaken to facilitate the prompt appointment of a substantive director general.

DELAYED PRODUCTION AND ISSUANCE OF NEW GENERATION MOTOR VEHICLE NUMBER PLATES

number plates by the National Transport and Safety Authority (NTSA). Despite motorists complying with registration requirements and paying the prescribed fees, many continue to face prolonged delays, raising concerns about efficiency, accountability, and fairness in service delivery.

In the statement, the Committee should address the following-

1. (1) The reasons for the continued delay in the production and issuance of new generation motor vehicle number plates.
2. (2) The total number of pending number plate applications as at 1st July, 2026 disaggregated by county, vehicle category and the duration for which the applications have been pending.
3. (3) National Transport and Safety Authority’s current production capacity, including plans to expand, modernize or decentralize production and distribution with clear timelines.
4. (5) The status of procurement of raw materials and other inputs required for the manufacture of number plates.
5. (6) The immediate interventions being undertaken by the Ministry of Roads and Transport and NTSA to clear the backlog, ensure timely issuance, and protect motorists from penalties or enforcement action caused by institutional delays.

SAFETY OF KENYANS IN SOUTH AFRICA

1. (1) The extent of impact of the recent wave of anti-migrant violence in South Africa targeting foreigners, including the number of Kenyan nationals affected by the violence and details of those assisted or evacuated to date under the Government's voluntary evacuation programme.
2. (2) The support and evacuation measures, outlining assistance provided, the number of distressed Kenyans registered for evacuation, timelines for their return and arrangement for their safety until evacuation.
3. (3) The long-term protection strategies, detailing government actions to safeguard Kenyans in South Africa and the diaspora generally, including early warning systems, crisis response protocols and frameworks for timely interventions in similar crises in the future.

I thank you, Mr. Speaker, Sir.

RECURRING CATTLE RUSTLING AND LIVESTOCK THEFT ALONG THARAKA–KITUI BORDER

Mr. Speaker, Sir, I rise pursuant to Standing Orders No.53(1) to seek a statement from the Standing Committee on National Security, Defense and Foreign Relations on a matter of county-wide concern regarding recurring cattle rustling and livestock theft along the Tharaka-Kitui border.

On 30th April, 2026, 150 goats belonging to three traders from Gatunga location, Tharaka North Sub-county, Tharaka Nithi County were stolen at Tseikuru town in Kitui County. The incident is part of a recurring pattern of livestock theft that continues to threaten lives, livelihoods, and security along Tharaka Nithi and Kitui boundary.

In the statement, the Committee should address the following-

1. (1) The status of investigations into the cattle rustling and livestock theft incident of 30th April, 2026, at Tseikuru town, including whether any of the stolen goats have been recovered, and the measures being taken to pursue and apprehend all suspects involved in the incidents.
2. (2) The security gaps identified along the Tharaka Nithi and Kitui border, and the steps being taken to address them.
3. (3) The reason why cattle rustling and livestock theft persists along the border despite existing security arrangements.
4. (4) The long-term measures being implemented to ensure the safety of traders and residents in the affected areas, including timelines for deployment of foundational or security personnel.

I thank you, Mr. Speaker, Sir.

USE OF CRB INFORMATION AS A RECRUITMENT PRE-CONDITION

serious concerns about fairness, data protection and the broad implications for youth employment and economic growth.

In the statement, the Committee should address the following-

1. (1) The reasons for employer reliance on CRB information in recruitment screening despite its primary purpose of helping financial institutions assess credit risk.
2. (2) The mitigating measures to be deployed to permanently safeguard job seekers from the vagaries of CRB information being used by employers to deny job seekers opportunities that may, in fact, help them clear the debts listed in the CRB.
3. (3) Regulatory mechanisms in place to protect private data held by the CRBs from misuse by individuals and institutions with ill intentions.
4. (4) Measures for fairness to balance financial accountability with equal access to job opportunities, including the Government's initiatives to harmonise employment practices with constitutional rights to fair labour and economic participation.

DELAYED REGISTRATION OF GRADUATE ENGINEERS

Mr. Speaker, Sir, I rise pursuant to Standing Orders No.53(1) to seek a statement from the Standing Committee on Roads, Transportation and Housing on a matter of national concern regarding the delay by the Engineers Board of Kenya (EBK) to process applications for registration of graduate engineers.

Mr. Speaker, Sir, according to the Engineers Board of Kenya (EBK) Service Charter, an application for registration as a Graduate Engineer should be processed within four months upon receipt of a complete application and compliance with the registration requirements. However, applicants have raised concerns over delays in the registration process, with many having waited for over ten months, despite attaching all requisite documents and paying the registration fee.

This state of affairs has denied affected young Kenyans job opportunities and worsened the already difficult economic climate for them.

In the Statement, the Committee should address the following-

1. (1) The capacity of the Engineers Board of Kenya, including whether the Board is fully constituted and adequately resourced to undertake its functions.
2. (2) The pending applications, detailing the number currently awaiting processing.
3. (3) The reasons for the reported delays in processing applications and actions taken to resolve them and timelines for finalising the registration process.
4. (4) Long-term measures outlining policy and administrative reforms to prevent the recurrence of such delays.

REMUNERATION DISPARITIES BETWEEN KENYAN AND FOREIGN EMPLOYEES IN INTERNATIONAL MEDIA ORGANISATIONS

Mr. Speaker, Sir, I also rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Labour and Social Welfare on a matter of national concern regarding remuneration disparities between Kenyan and foreign employees in international media organizations operating in Kenya.

In the Statement, the Committee should address the following-

1. (1) The oversight mechanisms in place to ensure fair treatment and equal remuneration between Kenyan and foreign employees in international media organisations operating in Kenya.
2. (2) Plans by the Ministry of Labour and Social Protection to undertake a comprehensive audit of remuneration and employment benefits for Kenyan and foreign employees in international media organisations operating in Kenya, with particular focus on international media where Kenyan journalists, producers, camera operators, editors, technicians and other media professionals have raised concerns regarding wide disparities in benefits.
3. (3) Corrective measures, where necessary, detailing steps to address the disparities and guarantee fairness, equity and compliance with Kenyan labour laws.

DELAYED PAYMENT OF TERMINAL BENEFITS AND SALARY ARREARS TO FORMER SUGAR COMPANY WORKERS AND RETIREES

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on a matter of countrywide concern regarding the persistent delays in disbursing terminal benefits and salary arrears owed to former workers and retirees of Muhoroni and other sugar companies in the country.

The sugar sector, which for decades has sustained millions of livelihoods across the Western Kenya sugar belt and contributed significantly to the national economy, is now a source of hardship due to poor management, weak regulatory oversight and failure to honour obligations to workers.

Despite reported budgetary allocations, former employees of Muhoroni Sugar Company remain stranded within company premises, uncertain of when their dues will be settled.

In the Statement, the Committee should address the following-

1. (1) The budgetary allocation, specifying the latest funds earmarked for settlement of terminal dues to former staff in the sugar sector.
2. (2) The timeline for payment, clarifying when salary arrears and benefits will be disbursed to former workers and retirees of Muhoroni Sugar Company.
3. (3) Protection of affected workers, including assurance that those currently residing within company premises in Muhoroni and other sugar factories will be retained until their salary arrears and terminal benefits are fully settled and confirmation that they will not face eviction before their dues are settled.
4. (4) The situation in other sugar companies, with particular focus on terminal benefits and salary arrears owed to former workers and retirees of Chemelil, Nzoia, Miwani, Mumias and Sony Sugar, including indicative timelines for settlement where available.

Thank you.

IMPLICATIONS OF PERSISTENT UNDERPERFORMANCE IN OWN-SOURCE REVENUE COLLECTION BY KISUMU COUNTY

(Statement dropped)

LOW-RATE CONVERSION OF ROADS IN KISUMU COUNTY INTO ALL-WEATHER STANDARDS

(Statement dropped)

ALIGNMENT OF CVTC PROGRAMMES WITH ECONOMIC PRIORITIES AND LABOUR-MARKET NEEDS IN KISUMU COUNTY

(Statement dropped) Proceed, Sen. Kavindu.

WASTAGE OF PUBLIC RESOURCES AND BALLOONING WAGE BILL IN MACHAKOS COUNTY

1. (1) The number of domestic and foreign trips undertaken by officials of the County Government of Machakos during the FY2025/2026, indicating the officers involved, purpose and destination of each trip, approval criteria, budgetary allocation, actual expenditure and value for money derived from the travel.
2. (2) The number of employees of the County Government of Machakos, including staff serving in the Office of the Governor, indicating their designation, terms of engagement, remuneration and the total county wage bill, and whether their employment and remuneration comply with the ceilings prescribed by the Salaries and Remuneration Commission (SRC).
3. (3) The reasons for the expenditure of Kshs249.15 million on domestic and foreign travel and the ballooning county wage bill and whether the expenditure was budgeted for, approved and incurred in accordance with the principles of transparency, accountability and prudent public financial management.

1. (4) Details of audits and investigations undertaken into allegations of financial mismanagement, wastage and misuse of public resources within the County Government, including findings, persons held accountable and any remedial or recovery measures instituted.
2. (5) Measures put in place by the County Government to prevent and detect wastage and misuse of public resources, strengthen institutional oversight and provide accessible channels through which members of the public may report suspected misuse of county resources. (Interruption of Statements)

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION OF TEACHERS AND STUDENTS FROM KITONDO BOYS, MAKUENI COUNTY

there have been quite a number of controversial issues relating to the National Transport and Safety Authority (NTSA).

In our Order Paper today, Order No.14 is a report of the Committee on Delegated Legislation which had annulled three of their regulations. While we went on holiday, they thought they would enjoy the wind, and by effluxion of time, these regulations will come to force. Unfortunately, we have to vote for them. Kenyans must know that this House has pronounced itself on those regulations, which are pending a vote of yes or no. It is already a report of annulment.

Similarly, those regulations that the Hon. Nyotu is talking about have never gone through the parliamentary process. I have been in the Committee on Delegated Legislation now for 13 years – ten years in the National Assembly and three years in this House – and they have never been presented in either of the Houses. A matter which involves counties like that one on number plates would have come to this floor, or to the Committee on Delegated Legislation. Unfortunately, it never did, yet it is already being implemented. No wonder now Sen. Nyutu is making a request of a Statement on the same.

Finally, I would like to comment on the Statement by Hon. Okoiti, the Senator for Busia County, about the acting position of the Chairperson of Kenya Medical Research Institute (KEMRI).

Mr. Speaker, Sir, KEMRI is a very important institution that does research on medical issues in the country. We have quite a number of threatening issues in the country and in the world, like Ebola. These are the people who will be directing the country. It is only fair that the Government appoints a substantive Chairperson. Besides this, there are many Managing Directors (MDs) who are in acting capacity. It is high time that the Government confirmed or appointed persons in full capacity, so that the country may be served better.

Thank you, Mr. Speaker, Sir.

by these vigilantes in South Africa, there are Kenyans. These 400 Kenyans have come back without anything.

I saw a story in one of the media outlets of somebody who had built an enterprise there, was married and have children with South Africans, and they have nothing for the 20 years they were in that country. I appeal to the Government to step in, stabilise them and ensure they give them opportunity so that they can settle. They can even assist them by bringing their wives and children. You can imagine being here and your wife and children are in South Africa. With the current cold of July here in Nairobi, things might go south.

As I conclude, I would like to talk to South Africans. It does not make sense that 4 per cent of the population are immigrants. These South Africans want to blame everybody and anything for what is happening in their country.

I support the statement on the issue of xenophobic attacks in South Africa.

In my opinion, let us begin to prepare ourselves. What is going to happen when Kenyans begin to behave like the South Africans, where Kenyans will start also attacking foreigners?

(Sen. Onyonka’s microphone was switched off)

about the efficiency of the AU, and why we should, as a country, continue financing it when it cannot address out problems.

Secondly, is on the Statement by Sen. Kavindu on the ballooning wage bill in Machakos County. It is not just Machakos County, but every other county that has this problem of wage bill. I think our various committees have tried to address the problem, but it seems it is not disappearing.

I think we have to look for other mechanisms of dealing with this problem of the wage bill so that our counties become proper economic units and not just employment bureaus where people come and get employment, and there is not tangible development that happens.

Lastly, the statement by Sen. Sifuna, the Leader of Linda Mwananchi. I have to say that because I see Sen. Cherarkey---

because maybe a young fellow has just gone to seek for a loan such as Fuliza from Safaricom, Airtel’s T-Kash, or even from a shylock.

I do not know how they are able to access this particular data and list young people on the Credit Reference Bureau (CRB). It is against the Data Protection Act that was passed in 2019, because they need consent. These are small loans. The youth need employment so that they can clear their loans. This is something that we need to re-look at. We also need to look at the Banking Act and the credit bureau laws, so that our youth are assisted and not listed.

Lastly, I want to comment on the issues of National Transport and Safety Authority (NTSA). There are many people who are importing vehicles from Japan, Dubai, Thailand and even South Africa. Sometimes, vehicles lie in Mombasa Inland Container Depot (ICD) and Container Freight Station (CFS) for a long time because the number plates have not been released.

So, the NTSA needs to improve its act and ensure that when vehicles arrive, they are registered on time, and number plates are given. This is because without number plates, vehicles will not be released. If they are released, the traffic police officers will have an issue with then being driven on the road without number plates. So, this is something the Ministry of Roads and Transport needs to work on, so that number plates are released on a timely basis.

Finally, on Sen. Kavindu's Statement, there is a bloated wage bill across all our counties. The reports that we receive in County Public Accounts Committee and County Public Investments and Special Funds Committee are crazy. Most counties are using as much as 50 per cent of their budget to pay wages. So, it basically defeats the purpose. We said we needed devolved units because there are some sections of the country that perceived that if they are in the opposition, there will be no development.

Statement that we need to look at, as a Government, so that we can address it and allow our youth to access job opportunities to clear the said loans.

Finally, is on the issue of xenophobia in South Africa. A peaceful country is a healthy nation. I normally follow the Parliament of South Africa. Despite the fact that they have been having a lot of debate and challenges within Parliament, I urge them to speak peace, love and unity in that country, so that we can be one as African nations.

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM KYANG'ONDU SECONDARY SCHOOL

I would like to acknowledge the presence of visiting delegation of four teachers and 109 students from Kyang'ondu Secondary School in Makueni County, who are seated in the Public Gallery. The delegation is visiting the Senate for an academic exposition.

On behalf of the Senate and my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

I call upon the Senator from Makueni to extend a warm welcome.

I want to encourage the students that in the final examination, there is usually a number of questions on the role of Parliament. I am sure they have learnt and been briefed, just like I did this morning with the schools I met at the National Assembly.

I welcome them and urge them to pick something. I wish them success in their exams and life. I encourage them to one day be elected to serve the people of Kenya.

PAPERS LAID

REPORT ON THE COOPERATION AGREEMENT BETWEEN THE NATIONAL GOVERNMENT AND THE NAIROBI CITY GOVERNMENT

REPORT ON THE APPLICATION FOR CONFERMENT OF CITY STATUS TO THIKA MUNICIPALITY

BILLS

First Readings

THE QUALITY HEALTHCARE AND PATIENT SAFETY BILL (NATIONAL ASSEMBLY BILL NO. 41 OF 2025) THE KENYAN NATIONAL LIBRARY SERVICE BILL (NATIONAL ASSEMBLY BILL NO. 20 OF 2023)

(Order for First Readings Read – Read the First Time and ordered to be referred to the relevant Senate Committees)

MOTION

ADOPTION OF REPORT ON PETITION ON ENACTMENT OF A LEGAL FRAMEWORK TO PROVIDE FOR CITIZEN INITIATED RECALL OF THE PRESIDENT AND COUNTY GOVERNORS

THAT, the Senate adopts the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of a Petition to the Senate by Mr. Laban Omusundi regarding the enactment of a legal framework to provide for recall of the President or a Governor through a citizen initiative, laid on the table of the Senate on Thursday, 11th June, 2026.

(Sen. Maanzo on 14.07.2026)

According to the Constitution and the court judgments and opinions that have been delivered, this House cannot initiate a law of that nature. It will be unconstitutional to a large extent. That opportunity is not completely blocked out.

He reasoned that frustrations were growing in the country, and that is what made him come to that conclusion. He said that many Kenyans, including him, felt that the Members of the House were not dealing with the matter of accountability in terms of the presidency and the governors. That is why he wanted their impeachment to be two ways so that they either be impeached through the House, or people have a direct way of impeaching them.

This particular issue could not be handled as he requested. Every Kenyan, is allowed by law under Article 7 of the Constitution to come before the House, present any issue, and Petition the House on any matter. This House is supposed to help resolve their issues. That is exactly what we have done. We encourage Mr. Omusundi and any other Kenyan who feels that the two Houses are not doing enough to bring amendments to the Constitution through a referendum. The same could be agreed. As at now, the way the Constitution is framed, this could not happen.

I am grateful and I thank you for giving me the opportunity. I beg to reply. Mr. Speaker, Sir, with your kind permission, I request that the putting of the question in this matter be put on a later date.

BILL

Second Reading

THE KENYA ROADS (AMENDMENT) (NO. 3) BILL (NATIONAL ASSEMBLY BILLS NO. 34 OF 2026)

(Sen. Oketch Gicheru on 18.06.2026)

Now, hon. Senators, the Floor is open to debate. (The Clerk-at-the-Table consulted with the Speaker)

Now, Hon. Senators, we will defer that Order and move to--- Sen. Sifuna, you know you cannot rise on a point of order, unless you are seeking a different thing altogether. What is your intervention?

Then it says, “roads linking major designated towns and forming a continuous network with Class A and Class B roads. Special Purpose Roads - roads providing direct access to places of specific national, social or economic importance including industrial and commercial areas and government institutions such as schools, hospitals, prisons and government housing. Security Roads - roads strategic to national security as identified by the ministry responsible for internal security and communicated to the minister from time to time.”

Now, if you just consider the architecture of our country, even just this city, you will find that most of these institutions being referenced here will fall along the same road. The confusion here is going to be quite palpable.

Part B of that classification is what they are calling County Roads. So, the county roads are Class D, E, and I think DU and EU. In my view, they have actually made it worse in terms of our understanding of which road is a national trunk road, and which one is a county road. I do not think the descriptions being used here are actually constitutional, because the Constitution has already specified that the National Government is only responsible for national trunk roads, and everybody knows what a national trunk road is.

A national trunk road is, for instance, the famous A104 that links Nairobi to the western part and the one from Nairobi to Mombasa. We do not expect that counties will do such work. With that description in the Schedule, I think we are going to have challenges going forward.

Mr. Speaker, Sir, other than that, I can see that there is a provision woven in there that requires the Kenya Roads Board (KRB) to only send funds for roads to counties, which have opened a special purpose account with the Central Bank of Kenya (CBK). As a Senate, we will have issues because we do not want our counties micromanaged. Allow counties to manage functions given to them without the micromanagement from the National Government.

A few positives; under Clause 47(3)(b), you will see that they are providing for something that we, as a country, have struggled with for a very long time. That, all parts of the country must have reasonable access to a national trunk road or a county road. This is the equity that we have been looking for, especially under the Equalisation Fund. There are counties that are so far away from national trunk roads that it is impossible to access them. We want development to be equitable in this country because every one of us pays taxes and we deserve those roads in our areas.

Under Clause 47(8), they have provided for the functions of county governments which stipulates that each county shall maintain, rehabilitate and develop county roads. The only problem I have is in my earlier submission, that, they have actually narrowed the definition of roads that should fall under county governments. I believe it is an affront on devolution that we should resist.

On management of road reserves and access to roadside development; I have a background in outdoor advertising. My first meaningful job was as a legal affairs manager of a company that does billboards. I get into a lot of problems with people who shout, “kazi ni kazi”, because my experience is that “kazi si kazi” there is kazi that can

actually change your life and transform your entire village; which is the first job that I am referring to.

Mr. Temporary Speaker, Sir, we used to have a lot of fights with the Kenya Urban Roads Authority (KURA) and even the Kenya Rural Roads Authority (KeRRA), and the Kenya National Highways Authority (KeNHA) because we were of the view that advertising and control of advertising, under the Fourth Schedule of the Constitution, is a county function.

We argued that national Government institutions should have no role to play in the licensing of roadside or road reserve developments, which they call road furniture. But to our dismay, those national Government entities were very rabid in terms of saying the road reserves belong to them.

I am happy that although they have reduced the definition of the roads that fall under counties, that it is clear that management of road reserves, access and roadside developments under Section 47A, has been made clear as a functional responsibility of the county governments.

Under Clause 47(a) (c), management of traffic on county roads has been specifically isolated as a county function, so that we should have the capacity, as the Nairobi County Government, for instance, to manage traffic on our roads without interference from the National Police Service (NPS).

Under Clause 47(d), it is something that I also support signage on our roads. It states that every road shall have signage showing the classification of the road and which government level is responsible for its maintenance, rehabilitation and development.

This will solve the problem that I referenced, that there are roads like Ndoto Road in Lavington, where there is a tag as to who is responsible for the maintenance and rehabilitation of that road. It is a despicable state.

Then my favourite, under Clause 47(d), which I am sure some of my friends in the county assemblies and the governors will not like. It states that no person will be allowed to put signage on our roads with their name or image,

Mr. Temporary Speaker, Sir, you have seen, and I am sure members who drive around Nairobi and even in the other counties have seen that every road, whenever there is maintenance of the road or it is being upgraded, you will see the face of the governor there and then the face of the Members of the County Assembly (MCA) there, saying they are the ones responsible for the good state of the road.

Now, this is a specific amendment that is in the Roads (Amendment) Bill. We have had this conversation several times. We want Kenyans to understand that we, as taxpayers, deserve these things. They are not favours and any person can build a road.

I hear people pontificating, saying, "Oh, I am the one who is building the road from here to there, so you should elect me or re-elect me or give me a second term.” We

are saying that any person with authority or in authority and collecting our taxes can build roads. A dictator will build roads. A democrat will build roads.

If you go to some of these countries that have dictatorships, they have built fantastic roads. So, that is not an argument for re-election. Any person can build you a stadium; it is not a favour. Moi built us two fantastic stadia that we use to this day. For the All-Africa Games, we have the Moi International Sports Centre Kasarani, and we have the Nyayo National Stadium. If you ask any person in this country whether we want to go back to the life that we used to live under Moi, where people were not free to debate issues the way we debate today, where we did not have freedom of expression, where you could be arrested and jailed without trial, Kenyans will tell you we do not want that.

That Talanta Stadium which we are insisting on calling Raila Amolo Odinga Stadium on Ngong Road, is not the reason why you tell us you want a second term. We want to deal with the software of this country. Any person can build a road.

So, I am very happy with this particular provision on the removal of images of leaders claiming that that is their work. In fact, I have made the point in this House that my favourite road signs are those that KeNHA used to put up. They were green. I do not see them anymore. It said, “your money, the road maintenance levy funds, has been used to improve the situation of this road or the state of this road.” Those are the only signage we want to see. We want to see a sign on the Raila Amolo Odinga Stadium on Ngong Road that it is your money, not William Ruto’s, that has built this stadium. It is our money and nobody should try to tell us any other stories.

Mr. Temporary Speaker, Sir, with those many remarks--- I forgot the final bit there. The law has provided for a fine for anybody who violates that provision on images. So, if you put your face on that stadium and say you are the one who has built it, we will jail you for two years.

Mr. Temporary Speaker, I am being heckled, and I do not know if it is a point of order.

We are saying the provision in the Bill is that if you violate this particular law that says you cannot put your face on the road to say that this is the person who has built this road, we will jail you for two years or fine you US$1million. The face of Raila Odinga, of course, is allowed on a stadium that is named after him. He is not saying that he is the one who built it.

Mr. Temporary Speaker, Sir, with those many remarks, I would support the Bill, but when we come to the Committee of the Whole, we will be proposing that we remain true to the spirit of the Constitution by deleting these provisions that reference roads that our Constitution does not recognise, these security roads and the last-mile city roads. There is nothing like that. We want a Bill that reflects the true constitutional position, that there are only two classes of roads, national trunk roads and county roads.

I thank you, Mr. Temporary Speaker, Sir.

you were dealing with advertising on roads and challenges that you experienced, that you had a few interests while representing your client in the courts, and you are happy with the classification now. That would definitely take away that part of the challenge. Indeed, as you have said, it is a timely amendment to the Bill. So, thank you.

Before I allow the next Senator to contribute, I have a communication to make. (Interruption of debate on the Bill)

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM KAMBUI GIRLS’ SCHOOL IN KIAMBU COUNTY

Hon. Senators, I would like to acknowledge the presence of a visiting delegation of eight teachers and 182 students from Kambui Girls School in Kiambu County, who are seated in the Public Gallery. The delegation is visiting the Senate for an academic exposition.

On behalf of the Senate and my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

I thank you. Now that we do not have the Senator for Kiambu in the House, I will ask Sen. Cherarkey, as you contribute to this Bill, to welcome them.

Proceed, Sen. Cherarkey and it is good that you should remind Sen. Sifuna that in Nandi County, you have a city as well. So, you are not entirely a rural Senator.

this House provides for legislation, oversight, representation and the budget-making process.

I know that in Kiambu, where you come from, you also have a bit of challenges with roads, and the Government is doing a lot. Kiambu County, being a metropolis of Nairobi City County, these young students are well aware that they need roads for easy service. In most of their subjects, they learn the importance of having roads.

If you read a book titled From Third World to First World by some people of the Asian Tigers, one of the transformations that the President is doing at the moment is moving this country on the road to Singapore. The people of Kiambu, and the students are here from that county are here; at least they were lucky they got Thika Super Highway, and they now have the Mau Mau Roads, which makes transport easy. We will construct an expressway from Thika to ease the condition that we see from Thika Town into the city.

We are very grateful to the President. Our lovely sons and daughters up there should be aware that some of us who come from the so-called rural counties, when we are going for Christmas, sometimes we have to sleep on the roads because Nairobi- Nakuru-Bungoma Road and Nairobi-Kericho-Kisumu-Busia Road usually have gridlocks. We could not go home to celebrate Christmas with our families, give them gifts and to celebrate the birth of Jesus Christ. However, we want to thank the President because as we talk today, someday someone said there was not even a wheelbarrow in Uplands. B if today you drive from Rironi to Mau Summit, there are machines. Works are ongoing to expand the Road to six lanes. This can only be likened to the road to Singapore.

Therefore, this is a good Bill. I agree with my brother from Nairobi that the major road highways that are linking areas across the country, for instance, the upcoming Rironi to Mau Summit, and then all the way to Malaba-Bungoma. These are infrastructural developments. You may be aware that the second phase of SGR has been launched. It will pass through Bomet, Kericho and all the way to the border of Nandi and Kisumu. These are some of the things that will allow the motorability of areas.

Mr. Temporary Speaker, Sir, I thank one of your voters, the man called Davis Chirichir, who works in silence. Since Davis Chirichir came to the Ministry of Roads, most of the stalled roads that were there have now reopened. We thank him for working in silence. Even in my own county, I have two roads almost complete. There is the one from Selia-Kaiboi. It is from Kaiboi, Chepterwai, all the way to Kapkatimbo. There is one from Timboroa. I saw the distinguished Senator from Uasin Gishu, Sen. Margaret Kamar. This is the one that is going all the way to Potopoto, Kopere and Mamboleo in Kisumu. That road is almost complete.

In Nandi County, there is one of Kitechgaa that is being constructed in Nandi Hills. It will end up in Ainab Ngetuny. There is that one that will come from Kericho, Dikirr, all the way through to Kericho. It comes to Kebeneti and it will come all the way to Nandi and onwards to West Pokot. The contractors are on site.

In Bomet Town roads have been upgraded, even the one that goes to the Airstrip. I thank you, Sen. Commissioner Joyce Korir and other leaders of Bomet, for engaging with the President. There is also the Chebole-Siongiroi-Chebunyo Road, which was

impassible, but the ongoing works of refilling the potholes and setting up the ground for the contractor to come and finish this road is ongoing. It had become an eyesore.

Mr. Temporary Speaker, Sir, I know you come from that sub-county. Road construction is ongoing even in Nairobi and Nyamira counties. I would have expected the Senator of Nairobi to begin by thanking the President, because we have eased the traffic at Nakumatt Junction. The President commissioned that road the other day. It has eased the traffic between Naivasha Road and Ngong Road. The President has committed Kshs80 billion to these works. We are now seeing opening of the drainages---

with our money? This is because four years down the line, what President William Ruto is doing is more than what Kibaki did for 10 years.

(Several Senators spoke off record)

raised by Sen. Okongo Omogeni regarding the extent of the road network done by previous regimes compared to the current one.

Proceed.

Mr. Temporary Speaker, the region you and I come from, grading must be followed by murram and culverts. Counties are misusing funds meant for murram and culverts. The same happens in Kisii County as well. Farmers sacrifice sales from tea and other produce, but the money is not reflected in road improvements.

I appeal to colleagues that as you oversee President William Ruto, you must also oversee governors 100 per cent. I sit in the County Public Accounts Committee (CPAC) and say this with authority. Sen. Onyonka was also a Member of that Committee. Sen. Okongo Omogeni is currently a Member of the Committee. Governors are ruining this country.

In conclusion, I was reading Betrayal in the North by Abdiqani Hassan. It talks about Sessional Paper No.10 and the Wagalla Massacre. It highlights roads in Northern Kenya, especially Wajir. The book says the current group of governors in northern Kenya are modern-day colonisers. They are ruining roads, education and health. Governors worship with people in mosques, yet they misuse funds. Counties have received more than Kshs4 trillion in the past 15 years, but it is not accounted for. When it rains in northern Kenya, roads are swept away because works are not properly done.

Mr. Temporary Speaker, I will give you a copy of Betrayal in the North so that you understand what this nation is going through. Colleagues in the Senate, we must be aware and ensure this country moves forward. We do not want to be like South Africa, which has faced xenophobic attacks. During the World Cup, African countries wanted South Africa defeated because of those attacks. The only way to grow Pan-Africanism, as the late Hon. Raila Odinga said, is to create an infrastructural network---

is why our brothers in the north felt that they were not Kenyans, yet we act as if this is a matter that cannot be discussed. In reality, what do you find when you try to solve the problem of inequity so that you give our brothers in the north resources for them to catch up with the rest of Kenya? The leaderships from those areas are just as insensitive as the national leadership. Kenyans have a common trait that when the winner takes it, he should always take it all.

The reality is that roads have been the problem but we do not speak the truth in this House. Why are we always fighting about roads? It is because that is where there are low-lying fruits. That is where corruption is beautiful. That is where we share corruption equitably. That is where those who are in power and those who manage our resources sit down and agree which company will be given road tenders.

The other day we were told that a kilometre of road in Kenya costs Kshs1 billion, and that is normal. The other day I drove on the road that is being done. I want to congratulate my brother ,Sen. Cherarkey. When you see the President, tell him that we appreciate the little he has done. You should not say that he has done more roads than anybody else, because you are lying in this House. That is why I would like you to substantiate.

Mr. Temporary Speaker, Sir, allow Sen. Cherarkey to tell me how many roads have been done, and then apologise for not saying the truth.

(An. Hon. Senator spoke off record) You did not lie or did not say the truth, but you misled the House. Thank you, my brother.

Mr. Temporary Speaker, Sir, I would like Sen. Cherarkey to come here tomorrow. Do not talk about the 47 counties. I want him to talk about four counties only. That is Kisii, Kericho, Nandi, Makueni or any other that he may pick, and you will realise that the trend is literally the same.

When Hon. Chris Obure was the Minister for Finance. It is true that he did more tarmac roads in Bobasi than any other area in Kisii County. It is true that when the Director-General was from Bonchari in Kisii, that area got more tarmac roads than anywhere else in Kisii. In Kitutu Chache, where I come from, when those two gentlemen were working in the Government, I did not receive even a single kilometre, yet I was a Member of Parliament (MP), and I used to fight every day.

I am trying to persuade my brother Sen. Cherarkey. Sometimes you need to look at the other side of what we say. You need to understand why we keep on making noise. It is not that we do not like the President. We respect him and the office. What we are saying is that if you give one constituency in Kisii County 200 kilometres of tarmac road, but there are nine constituencies, what equity have you applied, yet you are using Kisii Town as the Global Positioning System (GPS) point? That inequity, unfairness and aspect of our underdevelopment is what we must deal with in this Bill that is being discussed---

(Sen. Cherarkey and Sen. Korir spoke off record)

Mr. Temporary Speaker, Sir, they are trying to say that for all the monies that will be allocated, county governments will only get five per cent of the allocated funds for county roads. That is taking us backwards and not forwards, because there are so many categories of roads.

In some places, you will find 22 per cent, like in the case of Clause 6(a), being increased by the Kenya Roads Board (KRB) to 25 per cent. Other categories of roads will be increased by up to 38 per cent, but the county governments will only be allocated five per cent of the allocated funds. I do not know whether colleagues have seen this. However, even as we argue here for equitable share, we are now heading to more than 35 per cent. That is the target. We want to go beyond 35 per cent. The equitable share has grown over time. However, they are now saying county roads should be given only 5 per cent. That is taking us backwards. I hope Senators will see this clause and will reject it. They should adjust all the other categories of roads so that county roads under Clause 6 are allocated more funds.

Mr. Temporary Speaker, Sir, the Constitution in Article 203 provides that for every financial year, the equitable share of the revenue raised nationally that is allocated to county governments shall not be less than 15 per cent of all revenues collected by their government. So, 15 per cent is the minimum, and we left 15 per cent a long time ago since we started devolution. We are now heading towards 30 to 40 per cent. So, for somebody to put in written law that is subservient to the Constitution, that county governments will get five per cent, it is a joke to the Senate. I urge all colleagues to reject this particular clause that seeks to make our county governments a lesser government than the national Government. That is trying to create an unconstitutional clause.

Even if this law passes here, civic-minded Kenyans should go to court to raise the percentage to a minimum of at least 15 per cent. Our governors should get a minimum of 15 per cent of the amount allocated for roads, because the equitable share under Article 203 requires that counties get a minimum of 15 per cent. So, I take very strong issue with that particular clause.

Mr. Speaker, Sir, if you go to the Kenya Roads (Amendment) Bill, 2025, on subclause 4, it states that the Board shall not approve any disbursement of funds to a county government unless the county government has met the requirements set out in subsections 5A and 5B. What is on subsections 5A and 5B? They require that a county government set up a special purpose account at the Central Bank of Kenya (CBK), which has a designated department or division responsible for maintenance, rehabilitation and development of county roads. So, do you know what this law is trying to do? This law is trying to make the Kenya Roads Board superior to a county government. The County Government of Tana River will now have to comply with what the Kenya Roads Board is saying. We must understand that there are two levels of government. The Kenya Roads Board cannot be superior to the County Government of Tana River, the County Government of Nairobi or any other county government.

The person who drafted this law does not appreciate what devolution is all about. You cannot subordinate a county government to a board. How can the Kenya Roads Board determine whether funds will be allocated to a county government? How does that happen, Mr. Temporary Speaker?

When we are here as Senators, our business is to protect the counties. This kind of law is nonsensical and we must not pass it. I pray that Senators will look at it again. How can a board dictate what a county government should do? That does not make sense. If that be the case, then even the monies that we allocate here as equitable share under the Constitution would require a board to determine what goes to counties, instead of what the Senate passes.

Mr. Temporary Speaker, Sir, I think this should be sent away. This kind of thinking is informed by people who are still stuck in the central Government mindset in the national Government, and whose minds have not bought into devolution. This kind of thinking is supported by people sitting in the National Treasury, who want to control the money that ought to go to county governments. They do not actually support devolution. How do you draft a law like that? Subclause 3 provides that the Cabinet Secretary shall utilise funds allocated under Paragraph 7 to provide for equity in roads, maintenance, road-related emergencies, primary oversight and administration expenses.

Mr. Temporary Speaker, Sir, they are trying to make the Cabinet Secretary the prefect of roads, including those roads for county roads. It is the Cabinet Secretary's decision on how to utilize the funds. He is the one who determines equity in the maintenance of these roads. I do not know if Senators are seeing this, that we are creating, in the Office of the Cabinet Secretary, powers to decide equity. Why? Already we know we are entitled to a minimum of 15 per cent based on equitable share, and right now we are doing over 30 per cent. This does not make any sense. The person who drafted this law must be sitting in the Office of the Cabinet Secretary, and that person must be very happy that it has passed in the National Assembly. It will not pass in this House.

Senators need to be sensitised on the fact that we are creating a prefect here. Why should the county governments themselves not supervise what is supposed to be under maintenance? Why not create the equity themselves? Why should the figures not be pre- determined? If this year, for example, we are getting 30 per cent of equitable share, it should automatically follow that counties will get 30 per cent of the funds allocated for roads. We do not need a prefect. We do not need the Cabinet Secretary to be a prefect over funds going to counties.

This kind of drafting will expose the national Government and taxpayers of this country to a lot of litigation, because this is an unconstitutional law. The law is wrongly drafted. They even say in Subclause 5D that county governments should submit to the Board, six months in advance, an annual road plan.

Therefore, as a county government, we pass our budgets, allocate money and say, we need this amount of money. Then, the County Executive Committee Member (CECM) for the county government should go outside from the county executive to Nairobi and submit to a different body called the Kenya Roads Board. What are they doing with our share, that the County Executive Committee Member for Roads and Transport should go and submit an annual programme to the Kenya Roads Board? This is wrong. There is something fundamentally wrong with the drafting of this law.

This law is trying to tell us that the Kenya Roads Board is superior to the county government. This is trying to tell us the Kenya Roads Board is the one that should receive

the annual programme for making roads. Why? Is it that the Kenya Roads Board is another level of government? Are we not supposed to be two levels of government? I reject this kind of thinking.

We need county governments to get their fair amount of percentage, which is minimum 15 per cent. The funds allocated to roads should automatically come. We do not want to be told, “Oh, you need to submit plans to the Kenya Roads Board” or it is the Cabinet Secretary who should use his discretion to ensure there is equity.

Mr. Temporary Speaker, Sir, I want to, in fact, make a point before I forget it. Leaving anything to the discretion of the Cabinet Secretary, and specifically, leaving anything to the discretion of Davis Chirchir, the current Cabinet Secretary for Roads and Transport, is a mistake.

Mr. Temporary Speaker, Sir, in the last financial year, in the county of Tana River, there was no tarmac road that was built. Similarly, in the previous financial years, there was no tarmac road that was built. Leaders from Tana River County have met Davis Chirchir and talked to him. I have talked to him, as a Senator. I have talked to the Principal Secretary (PS) in this particular department. We have made the point again and again. I have written that the president of the Republic of Kenya made pledges during the campaign that once he is elected, he will do the Boji, Tarasaa and Kipini roads. We are talking about 13 kilometres and a few kilometres here and there. No single tarmac, not even one kilometre, has been done. Yet now you are saying that we should leave discretion. The discretion Davis Chirchir will give you is just a smile and nothing.

I hope he is listening to me. The people of Tana River County are annoyed with him because he is making the President to be a liar to the people of Tana River County. He made the promises and he is the Cabinet Secretary. The PS should listen to us. People are also going to answer to this issue. You are writing a law telling us we should leave some of these things to the discretion of the Cabinet Secretary. How? The Cabinet Secretary cannot be trusted. The discretion cannot be left to an individual. We do not want promises. It is better if the amount is divided at 15 per cent. It is better for the equitable share to be divided. Let that money come to the county. We do not want to hear stories and promises of people like Chirchir. We do not want stories. Let this money be divided automatically.

Let the money go to the county government for it to decide with the 15 percent that they have received. They will do one kilometer of tarmac this year and one kilometre tarmac next year. If this money had gone to county governments, and I am not speaking for only Tana River County, I know many other county governments would have done at least one kilometre of road. Leaving it to the discretion of a Cabinet Secretary is a wrong law and we must oppose it as Senate.

So, I am saying this Kenya Roads Amendment Bill has something good, but it has missed the fundamentals: which are that there are two levels of government where we have equitable share. It cannot be that we are going to be subservient to the Kenya Roads Board, or we are going to be kneeling down to a Cabinet Secretary to decide how funds should be allocated according to his understanding of equity. The shares must be clear.

We are tired of talking to people here in Nairobi. An example has been given here. When people have offices, they develop their areas, they do roads in their areas. It is

on record here what Sen. Onyonka was talking about. However, they do not do for other areas. So, we do not want people to depend on what the Cabinet Secretary has promised. It should be automatic.

Mr. Temporary Speaker, Sir, if it was not for devolution, there would be nothing in some of our counties. That is true. That is why we do not want any discretion. We do not want the Kenya Roads Board to be in charge because when they appoint those directors, some of our counties do not get a chance to sit in those boards. They appoint their own people. They marginalise us every day

I would like to take the Floor of this House to say that, saa hii, you believe that you are in power, and will do what you want, oppress the minorities in this country and refuse to develop our roads. But I am telling you that it is just for a while. We will reject these laws that you are trying to develop, in this Senate.

Mr. Temporary Speaker, Sir, with those many remarks, I beg to support the clauses that are good, avoid and oppose the clauses that are negative to county governments.

Thank you, Mr. Temporary Speaker, Sir.

The first one says in part- “22 percent we shall be depositing to a special bank account to be called Constituency Roads Fund Account, to be maintained in every constituency.” You get it? So, this is money that goes and is by design under the control of an MP in a constituency.

B says, 10 per cent of the allocated fund is allocated for the maintenance or development of link roads between constituencies. How can you be talking about roads linking constituencies and you leave out counties? How can you say that you are allocating 5 per cent to county governments, as if roads in constituencies are separate from roads in counties?

Mr. Temporary Speaker, Sir, if we need to connect roads in the constituencies in Bomet County, there is no distinction between a road that should be under the ambit of the governor, and one that should be under the MP, unless we want duplication.

I agree with you, Sen. Mungatana, that this law as drafted is for rejection. If it is not for rejection, then we need to undertake serious amendments to this law so that if we are creating a special fund where the Members of the National Assembly have a say, then we need another bigger fund because the county is the bigger entity. The entity that should get more money for road maintenance should be the county and not the constituency, because a constituency is a smaller unit.

Remember we are here to protect devolution and the interests of our 47 counties. That is our main role as Senators. If we enact this law, we will be weakening devolution. I agree with Sen. Mungatana that we cannot put it in our minds that a governor can only do a murram road. No!

If the national Government can come to my county Nyamira and give a contract to rehabilitate roads within Nyamira town municipality, 2.2 kilometers, and award a contract, the money that I send to Nyamira is more than enough to do that work. If we really want to develop this country, let us stop these fights between counties, constituencies, and national Government, because we pay taxes. Today, I fueled my car. I paid tax. The boda bodas in Nyamira today who fueled their motorcycles paid tax.

I wish my friend Sen. Cherarkey had stayed in the House. I think we should implement the Commonwealth practice. When, you make a contribution to a law, the Commonwealth practice dictates that you stay behind to hear what your colleagues will also say on that law. You do not just talk and then you walk out.

I wanted to remind Sen. Cherarkey that this law was first developed in 2007 during the tenure of President Kibaki, and I think that time Sen. Mungatana was an MP. Because President Kibaki wanted fairness and equity in the development of our roads, that is why the Kenya Roads Act that was passed by Parliament in 2007 created three independent boards; KeNHA, KeRRA and KURA.

It was in recognition that once we collect our taxes, we give that money to those entities to ensure that there is fairness so that we do not hear the agonizing contributions from Sen. Mungatana, that the President made promises to make roads in Tana River, which he has not fulfilled to date. I wanted to read this law to Sen. Cherarkey, because he is a lawyer and he should be making statements that are backed by the law. It is a very bad thing to display ignorance of the law, and you are a lawyer. Section 4 says the

functions of the Authority shall be to construct, to upgrade, rehabilitate and maintain roads. Then “H” says they shall do the planning, development of roads. They shall prepare the road work programs for roads.

It is supposed to be an independent entity. When Sen. Cherarkey stands here and says the President is going to make this and such a road, know we have put in place a framework that demands that we should have an objective criterion in terms of how we allocate our resources to have a connection of tarmac roads in the entire country.

If you are a forward-looking leader, you will never move your country to the next level by only developing one region. To develop this country, we must have tarmac roads in Nyamira, Tana River, in Mombasa or Kajiado. That is the only way you develop a country. But if you are not somebody who is wise, forward-looking, then you will think that the best way is to connect all tarmac roads in your region only. How will that develop a country?

You need to do inter-country trades. The people of Tana River should be able to trade with us in Nyamira. If we do not have bananas in Tana River, a good road network should deliver the bananas there. If you have good fish, you should get that fish from Tana River to Nyamira. That is how you move the country forward. If you say you want to go to one region, for example, Nandi and you make 300 kilometers of tarmac, and you leave the other regions of Kenya behind, you will not take this country anywhere.

I want to tell my good friend, Sen. Cherarkey through you, Mr. Temporary Speaker, Sir that a country is developed by successive regimes. It is not right to demean a very respected leader, like the late President Kibaki. I mean, the late Kibaki is standing in his grave wondering what statements are being made here by Sen. Cherarkey. Under his regime, we did Thika highway. If you go to Australia, the Australians will tell you that Princess Highway and Hume Highway, was built by successive regimes. Many prime ministers were in office.

question of Nyagaita Bridge near Kebirigo Market in my County of Nyamira. I said the road from Metamaywa, Mosobeti, Gesima to Kebirigo was completed 10 years ago. However, there is a section of Nyagaita Bridge that has remained incomplete for the past 10 years. The CS promised, on the Floor of this House, to fix that road within six months; but up to now, that bridge has not been fixed.

This Bill is talking about money being allocated for road maintenance. We have a number of fantastic roads that were constructed during the regimes of President Mwai Kibaki and President Uhuru Kenyatta. All those roads are now developing potholes because there is no maintenance. If we do not move in as soon as yesterday, we will find ourselves in the situation we were in, in 2002, when our roads had developed gullies.

So, I want to make an appeal to the membership of the Kenya Roads Board. I know that the National Assembly mischievously amended the law to remove representations of Law Society of Kenya (LSK) from the Kenya Roads Board, which is unfortunate. However, there are still some organisations that nominate membership to the Kenya Roads Board.

To ensure that there is fairness and equity in the way we allocate our resources for road construction, maintenance and rehabilitation, I want to appeal to the Kenya Roads Board to ensure that there is fairness and equity across the country. I also want to appeal to the President to appreciate that there is always wisdom when we come up with these laws.

The first time that the LSK was given a chance to participate in making suggestions and contributions to laws that were being enacted by Parliament was in 2007, when I was the Chairman. That is when we passed the Kenya Roads Act. We borrowed from the law that had been passed in Australia, the National Roads Act. We wanted to pick the principles of fairness and equity that are captured in that Australian law. So, let us not dismantle good laws for short-term expediency. Let us have a professional approach on construction of our roads. That is the only way we will leave this country better than we found it.

As I conclude, I am happy that on the good part of this law, it is barring the very bad habits I have been seeing around, where our governors put billboards containing their picture and name, and say this project was done by governor so-and-so. They are using public resources to campaign. I am happy that this law is proposing that, that should not be allowed. If you put a signage, it should acknowledge that the road has been built by the taxpayers’ money. This is because it is my taxes and those of other Senators that contribute to the construction of those roads. It is not anybody's money. It is of taxpayers. We pay a lot of money as fuel levy. So, that is a very good proposal.

I also appreciate the fact that this law is trying to bring some clarity in classification of roads. However, I propose that we Senators relook at this idea of classification. This is because the mischief here is to take away all roads from our counties. Then why did we have devolution if by this classification you want to take away all roads? The words used are ‘that the small, minute roads connecting small markets’. I am wondering where do you leave roads like that of the City Council of Nairobi when saying that all city roads are transferred to the national Government?

Why is Sen. Sakaja taking a lot of rates from me as a man who owns property in Nairobi, if he is not going to use that money to rehabilitate our roads in Nairobi? I do not know who drafted this law. Is it somebody who wants us to do away with devolution or a legislator in the National Assembly? I do not know who was behind the crafting.

If you go to the details of this Bill, the intention is to weaken devolution. So, I am appealing to all of us Senators to take a very keen interest in this law and reject it. If not, we make comprehensive and serious amendments to this law. If we allow it to pass the way it has been drafted, we would have made a big contribution in weakening devolution. We will be the enemies of our county governments. We will not have played our role of protecting counties and county governments.

With those remarks, we must be alert so that we do not come here one afternoon and be ordered that we must vote. Remember the petition that we discussed the other day, where somebody petitioned this House and said we are passing bad laws and doing impeachments in the wrong way because of political patronage? Let nobody direct us how we pass laws in this House. Let us be given the freedom to vote how our conscience directs us. Let me vote knowing that I am voting to protect the interests of the Kenyan public, the 47 counties and not the interests of any one individual.

With those remarks, I support this with a caution that it can never pass the way it is.

In our Bill, the percentages are different, but I will discuss this Bill because it is what we have on the Floor. The National Assembly has gone ahead and done more categorization of the national trunk roads. They have categorised them as national roads, urban roads and rural roads. They went ahead and tried to classify county roads, which I would say, is not their mandate. They should leave the classification of county roads to the Senate, because that is our duty.

On the percentages in terms of revenue allocation, I do not agree with the percentages that they have given. This is where we must achieve equity. It is at this point that Kenya must be brought to the same level and devolution must be seen to work. This is where it must be seen to work. If we do not get it right on the issue of legislation, then we will not get it right on the issue of revenue sharing. We must get the legislation right so that we go to revenue sharing. After which, we will hope that the implementers at the executive level, both at the county level and at the national level, will do justice.

Why do I say this? Something that always hurts me so much is the fact that one can always identify my car from that of the other Senators whenever I park in these precincts. This is because my vehicle is battered, and it looks like it came out of a hole, and that is because of the condition of our roads. One of our Members who had contributed spoke about roads at the north eastern part of this country. The truth is that we have counties that neighbour Nairobi whose roads are worse than the roads in the Northern Kenya.

The county where I come from only has one international road, the road that leaves Nairobi towards Arusha. That is the road in Kajiado County. The other road in Kajiado County is there courtesy of Uhuru Kenyatta. It runs from Isara-Mashuuru- Kajiado-Kiserian-Ngong-Suswa. The other road, courtesy of President Kibaki, is the road going to Loitoktok. That is it for Kajiado County.

Sen. Cherarkey talked about security roads, and that made me think of the situation in Kitengela. There is only one road into and out of Kitengela. So, when there are demonstrations, life comes to a standstill in Kitengela because we do not have any other road out of Kitengela. The only other road is the one that goes to Arusha. There are no other roads. We do not have any link roads, and there are no diversions. Kitengela can be brought to a standstill on one single day through demonstrations.

Kajiado does not have other roads unless one crosses over and joins Mombasa Road which has now become the bedroom of many Kenyans who work in Nairobi. We also have Kenyans who have invested their retirement homes in Kajiado because we are a hospitable community. We are peaceful people. Kajiado has a good environment where people can grow their own food and get fresh food and milk. Many of you, even those of you in this House, have interest in Kajiado.

Every Kenyan who leaves Nairobi to come to Kajiado starts to bash the leaders of Kajiado. They say that they are not working because they have not constructed roads. It is not that we have not constructed roads. Seemingly, for any community to enjoy tarmac roads, they must have the president coming from their community. That is the only time people get roads. That is why Thika Superhighway was constructed for Central Kenya by President Kibaki. That is why today, we are seeing the Mau-Summit Rironi Road heading

to the other direction of Kenya. For those communities that will never enjoy the seat of the Presidency of Kenya, we remain with nothing.

the roads in Eldoret. I am ready to invite him to my home so that he sees what I am talking about, we come from a different world, our roads are bad.

Sen. Cherarkey had spoken about the Standard Gauge Railway (SGR) which crosses Kajiado County. However, all the substations in Kajiado County have not been operationalised. Why is it that the substations that are working are at Emali and Voi, but the one at Stony Earthy in Kajiado County is not operational? We have been treated like second-class Kenyans who do not need infrastructure. I am stating facts; anyone can go verify the situation in Kajiado.

We must get it right with this Bill right now, otherwise this House will participate in a situation which demoralises, antagonises and oppresses other Kenyans.

Thank you.

KeRRA. I do not know who did this, because I do not believe Hon. Davis Chirchir would have done this. I rank him as my number one Cabinet Secretary. He is a sober man. I have personally discussed with him about KURA, and he said he wants the laws to be followed as they are. This is somebody trying to treat counties as if they are some little thing that should be about the village and the ward, and nothing more. Clearly, the National Assembly, which has been guiding, leading, or determining the roads that KURA does, wants to add this as an appendage of the national Government Constituency Development Fund (NG-CDF). Let us call a spade a spade.

Mr. Temporary Speaker, Sir, if you pass this law, you might as well resign enmasse. You might as well resign because your primary role is to protect devolution. This one is clawing back on devolution. Having downgraded and decided the counties will only do these roads in the wards that are connecting to sub-counties, they then give a mandate to the authorities. When planning, the counties must plan with the authorities. So now, even the counties cannot carry out their functions as distinct entities; they need the authorities to clear their plans.

Hon. Senators, now the Kenya Roads Board and the Cabinet Secretary become the ones to determine how to categorise a public road, forgetting that the two entities meet at the inter-governmental level. They decide which standards should be there, which international government roles should be set up by the national Government. However, counties should independently be implementing their functions respecting those standards that have been set up by the national Government. It was never intended that a parastatal would be the one supervising counties on the delivery of their mandate.

So, looking at this Bill, I need not go very far. Clearly, there is something fundamentally wrong. It would be wrong of us to pass the law. In fact, I am sorry to say that I do not know who the mover is, or whether it is a government or a private member's Bill. If it is a government Bill, I want to speak to Your Excellency, our President of the Republic of Kenya. One of the promises you gave is that you would deliver, and you would protect devolution. Please do not allow some of your crazy advisors to advise you to fall into the trap where you will soon be told you are fighting devolution, and yet you promised to deliver devolution.

There is nothing wrong; all we want is for the roads to be delivered. Our Constitution has provided a formula, and we have county and national Government roads. What we need is a faithful transfer of funds that have been undertaking county functions at the national level, and then we meet at the intergovernmental level to evaluate, to find out how we are delivering on these services.

Board – is an incompetent advisor, and they need to be fired. Sorry to use the word “crazy”, I meant incompetent. Thank you, Senator Tobiko.

The President needs to be competent. He is our number one in the country, and our number one cannot have people who allow him to bring laws to this House that will be challenged in the court. Yesterday I was speaking about this. It looks very bad when we pass a law, and two weeks later, that law is set aside because it has unconstitutional provisions.

When it is a Bill moved by the Senate Majority Leader, it makes the executive look bad. When it is a Bill moved either by the Executive or private members, it makes the Houses look bad. Let us call a spade a spade. I am pleading with Senators, let us not fall into the trap of assisting those who are incompetent to make our country look bad.

Those who love the President, show your love by ensuring that we pass the laws that are aligned with the Constitution. I am sure the President has no problem. If he wants to deliver 10,000 kilometres of road, he can deliver them through good coordination of both levels of government, and we have an intergovernmental mechanism. He has a summit where he can sit with the county governments. He has a mechanism through an additional allocations fund, where he can decide that if he wants to fast-track roads in Kajiado County, this is the way to go about it. This law is not taking us there. This law is taking us backwards.

I believe we need to meet and decide. Is the Kenya Roads Board an actor for the national Government, or an intergovernmental mechanism? If the Kenya Roads Board is an actor for the national Government, all it can do is to set standards, provide regulation and supervise or implement the part of the function that belongs to the national Government. If the Kenya Roads Board is to be an intergovernmental mechanism that we want to be able to guide both levels, we need to craft its mandates and functions to reflect that. We cannot take the county functions and make the counties look as if they are a department that is answerable to the Kenya Roads Board. This is the 14th year since we started implementing devolution. It is the 16th year since we passed the 2010 Constitution.

Honourable Temporary Speaker, I am pleading with this House. We are getting out of hand on the question of disrespect for the rule of law. As a Parliament – National Assembly and the Senate – we are apparently the ones who should be understanding how to write good laws and how to protect the Constitution. We are here to represent the people and to ensure that we protect the Constitution. I am disappointed at this kind of law. I am requesting that the relevant committee call a meeting, whether it is a Kamukunji of everyone, but it must not allow this amendment Bill, and it must not defend it in this Senate. Let us do what is right. Let us find the language to persuade the National Assembly that they all come from counties. There is no constituency that is out of a county. So, I do not know why the National Assembly must keep fighting counties.

Article 6 provides for a collaborative and cooperative type of devolution in Kenya. It was never intended that the National Assembly would be at the forefront, a representative of the people, fighting the constitutional provisions on the kind of governance that the people of Kenya chose. I am personally just tired of this type of laws. I am tired of how much the taxpayer is spending in courts on embarrassing litigation

about laws that have been passed by people calling themselves the number one lawmakers in Kenya. Let us do what is right.

I reject, Mr. Temporary Speaker, Sir.

continue to do murram roads even in towns instead of putting the resources to tarmac the roads.

Honourable Speaker, we must ask our counties to be accountable. I have heard some governors speak, and what disappoints me most is to have people who have served in these honourable Houses as Senators and they are now governors. In their time in the Senate, they used to visit us in the counties to oversight, make a lot of noise, but now that the shoe is on the other side and they are now governors, when they are asked to account for the resources, then they are the ones moving around the counties crying that Senators are not allowing them to do their work. Senators are doing their work of oversight.

So, we ask governors also to be responsible and deploy resources in development and the service of the people of the counties. That is why, with a lot of difficulty, we would want to see the percentage that has been allocated to counties increased. Five percent is extremely very low. Personally, I would propose that that section be amended so that counties can get a minimum of 15 per cent. We are also aware that even the so- called national trunk roads and the other classifications have been done under national government agencies, they all are roads that cross one county to another. I have no problem with those road agencies existing and doing what they have been doing, but I have a problem in the amount of allocation that has been allocated to counties. I therefore propose that this law be amended to allow counties to access 15 percent.

The other problem I have with this law is the fact that Kenya Roads Board seems to be usurping the powers of the counties. County governments are independent entities, and I do not expect the amendments that have been done to look like now county governments are reporting to Kenya Roads Board. They should maintain the relationship that has been existing between county governments and the Kenya Roads Board. Previously, Kenya Roads Board was disbursing funds, and counties were responsible for the plans and the funds were being released to counties. We do not want a situation where Kenya Roads Board can arbitrarily stop funds from going to a county on grounds that are not sufficient. This law, therefore, needs major amendments. It must be passed by the House to ensure that functions assigned to counties are supported with resources proportional to the kilometres of roads within them. Counties must then deploy these resources for roads and road maintenance.

Madam Temporary Speaker, it is disappointing to see county governments spending money on road projects, yet no roads exist. In my own county, the governor recently launched a programme in partnership with the National Youth Service (NYS), where approximately Kshs600 million was provided in the budget for that exercise. However, the programme collapsed. The county then decided to engage local contractors at a cost of Kshs11 million per ward. Unfortunately, these contractors are using county government equipment and will still be paid for the entire contract. We must tell our counties to be accountable and responsible in the use of resources. These actions motivate

the National Assembly to come up with such Bills. If counties were efficient in road works, we would not be debating these Bills. Members of Parliament themselves would be embarrassed to propose them. Some counties are suffering, yet roads built by KeRRA under MPs appear better than those done by county governments.

I urge Sen. Tobiko to sit with his governor and find out where the money for roads is going. It cannot be that governors blame the National Government for taking away their functions while even small village roads are not motorable. These roads do not even need tarmac. Counties must be responsible so that we support the working Governments.

Madam Temporary Speaker, with those remarks, I submit.

comment on one particular positive proposal in this Bill. That is Clause 4 that seeks to amend Section 49 by introducing Section 47B(3), which seeks to make it an offence for anybody, including a county governor, from erecting any signage on any road that has been to bear their name, image or likeness of such a person.

That is a good proposal because what we experience out there is that you will find a Member of County Assembly (MCA) or a governor erecting a billboard which, if you evaluate the cost, it is almost the value of the work that went to construction of a particular road. Introduction of Section 47B(3) that seeks to make it an offence is a welcome move because it will prevent ownership by individuals of projects which have been funded by the taxpayer, or where public resources have been used but that project does not belong to either the governor or MCA.

Secondly, the proposal is to give mandate to the Cabinet Secretary to designate the extent of signage that will be required in terms of size. By extension, it will reduce the cost but expressly deny the option to a governor or anybody else, including even MPs, to erect billboards that bear their names, images or likeness.

What I propose is to enhance the fine that is provided for under Clause 47(4). It provides that a person who contravenes the provisions of Subsection (3) commits an offence and shall be liable, upon conviction, to a fine not exceeding Kshs1 million, or imprisonment for a term not exceeding two years, or both. I feel that this amount of Kshs1 million is not punitive because we are dealing with billions of shillings in terms of resources allocated for projects. I would propose that if there is any other proposal to amend this particular provision, we should enhance the amount to make it more punitive so that it acts as a deterrent to anybody who contravenes this law. I propose Kshs5 million and imprisonment for a term not exceeding two years, or both. That way, it will act as complete deterrence to those who will contravene the law.

Regarding the provision under Clause 5 and the First Schedule on the classification of roads, Members have spoken to this. One, the county governments should and must play a role in the classification of roads. Under Part A, we have classification of national roads and rural roads. Under Part B, we have classification of county roads. It does not make sense to limit or to only retain very small feeder roads to be named county government roads. I believe that if we get to a point where our county governments and those in leadership positions at any given time perform their roles appropriately and reduce corruption, we have an opportunity as county governments to own and construct roads which are bigger. They are not necessarily what they have described as Class D roads. These are inter-village roads that form small routes of moderate length that connect one village or link one road to the other.

On the classification of constituency roads, a colleague here, Sen. Mungatana, submitted that these should not be distinguishable from county roads because our constituency is within a county. It is within a ward. Therefore, this classification process should not be left as the preserve of the Cabinet Secretary, as it were. County governments must play a role. The provisions under this Schedule take away the mandate of county governments, which is against the Constitution. By that provision, this proposal should make this Bill collapse.

Critically, Clause 6 seeks to amend Section 6 of Cap. 408A. The mischief, which also makes me oppose this amendment strongly, is the increase in allocation under Section 6 of Cap. 408A on constituency roads from 22 per cent to 25 per cent in the absence, first of all, of a Memorandum of Objects and Reasons.

Secondly, the mischief here is to increase the amount that will be under the management and administration of Members of Parliament. Remember, this is a fund that is purely managed by MPs, as was put clearly by Sen. Omogeni. An increase from 22 per cent to 25 per cent,\ without further explanation is, in itself, taking away more resources that are meant to construct roads within a county. Ordinarily, this should be a mandate that we can still retain with county governments by enhancing their allocation.

Similarly, the proposal under Clause 6(2)(b) to reduce from 10 per cent to seven per cent is the amount of resources that are normally utilized for construction of link roads from constituency to constituency is still unexplained. This reduction is ordinarily on resources which are managed, again, either by an MP or regional KeRRA or KURA coordinators.

These two amendments, one to increase and another to reduce, are mischievous because it looks as though the amount to be enhanced is to the resources that will be under administration of one Member of Parliament. Hence, it takes away the role that we are looking at, of the county governments. The allocation of 5 per cent of the allocated fund to be allocated to county governments under Article 202(2) of the Constitution is equally wrong. This is so in the sense that if in shareable revenue we are talking of the constitutional requirement of 15 per cent, we should enhance this amount from 5 per cent to what the Constitution provides, being 15 per cent, and by extension then enhance the administration, management of such resources and reduce corruption. This way, we will be taking the work and role of county governments as well as service delivery closer to the people, rather than reducing the amount of allocation. The elevation of the Board, under Clause 6(4) to that of controlling the role of county government is wrong. This is what the proposal reads-

“The Board shall not approve any disbursement of funds to a county government unless the county government has met the requirements set out in Subsection 5(a) and

1. (b).” Subsections 5(a) and (b) require the county government to perform certain tasks, including opening an account with the Central Bank of Kenya (CBK). This provision elevates the Board to be superior to the county government, which is unconstitutional because our county governments are indeed protected by the Constitution. Similarly, the requirement that county governments, whenever they are setting up standards, are supposed to comply with the standards and maintenance procedures on rehabilitation and development of roads as set out by the Cabinet Secretary is also elevating the Cabinet Secretary to be superior. This, therefore, means nothing can be done by the county governments unless and until such approval is given by the Cabinet Secretary. Madam Temporary Speaker, clearly, this proposal to amend the Act has been brought for reasons beyond what most of the Members have said here. It is going not only to take away a lot of the mandate of the county governments, but also the mandate

of this House. By extension, it also claws back on the gains that we have achieved by complying with the provisions of the Constitution. Therefore, I also would like to say that this Bill should not be passed. This House should not be the one to support the Bill that takes away the mandate of the House. I urge honourable Senators to reject this Bill in totality.

Madam Temporary Speaker, I am aware, as I heard this from Senator Tobiko, that the Senate Standing Committee on Roads, Transportation and Housing have their own version of the amendment to the Roads Act which we must prioritise so that, even as we reject this one, we push the amendments that will support devolution and the role that this House has, and reject the one that is taking away the mandate to the National Assembly.

In the event that this Bill were to pass, or in the event that a mediation committee was to be set, several serious amendments must be made to this particular proposal in order to make sure that we protect the mandate of the House and our County Governments, and also maintain the gains that we have achieved, including the proposal which I am supporting here that seeks to deny the Governors, Members of Parliament and Members of County Assemblies their images on projects which have been funded by public resources in order for them not to be used as campaign tools and campaign strategies where an individual says: “I have done this,” when instead such a project has been constructed or has been funded by public resources.

Madam Temporary Speaker, as I conclude, I therefore reject this Bill and oppose it.

Thank you.

ADJOURNMENT