Wednesday, 15th May, 2024 Afternoon Sitting

Clerk, do we have quorum?

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

Hon. Senators, I am informed that we now have quorum. Clerk, kindly proceed to call the first Order.

Chairperson, Standing Committee on National Security, Defence and Foreign Relations, kindly proceed.

Mr. Speaker, Sir, on behalf of the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations, I beg to lay the following petitions reports on the Table of the Senate, today, 15th May, 2024-

Report of the Standing Committee on National Security, Defence and Foreign Relations on a petition to the Senate by the residents of Kajiado East and West sub- counties concerning the alleged rampant livestock theft in the region and within Kajiado County in general.

Mr. Speaker, Sir, this is the report of the Standing Committee on National Security, Defence and Foreign Relations on a petition to the Senate by Mr. Isaiah Ochanda, an employee of the former Department of Defence, concerning the non-fulfilment of a court order and decree made in 2011, against the Ministry of Defence and the Attorney-General, and the non-payment of Disability Pension from 1996 to date.

Mr. Speaker, Sir, this is the report of the Standing Committee on National Security, Defence and Foreign Relations on a petition to the Senate by residents of Samburu County, concerning persistent insecurity, cattle rustling, loss of lives and property in Lorroki and Malaso Divisions of Samburu Central Sub County.

I thank you.

Let us go to the next Order.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Wednesday, 15th May, 2024-

Report of the Standing Committee on National Security, Defence and Foreign Relations on the Elgeyo-Marakwet County Assembly resolution on measures to curb banditry in Kerio Valley.

Further to that, I also beg to lay the following Papers as well-

Report of the Auditor-General on Financial Statements of Thika Municipality for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kikuyu Municipality for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kiambu County Jiinue Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of County Assembly of Embu Car Loan and Mortgage (Members) Schemed Fund for the year ended 30th June,

Let us go to the next Order.

Let us have the Chairperson of the Standing Committee on Health or any Member of that committee.

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

THAT, the Senate adopts the report of the Standing on Health on the inquiry into alleged irregularities in the procurement of long-lasting insecticide treated nets at the Kenya Medical Supplies Authority (KEMSA) , laid on the Table of the Senate on Wednesday, 8th May, 2024.

Hon. Senators, before I allow the Clerk to call the next order, allow me to make the following Communication.

Hon. Senators, as you may recall, at the sitting of the Senate held on Tuesday 19th March, 2024, the Senate Majority Leader, Sen. Aaron Cheruiyot MP, rose on a point of order seeking the intervention of the Speaker on the submission to Parliament by the Controller of budget (CoB) of the reports on the implementation budgets of the national and county governments.

In the point of order, the Senate Majority Leader highlighted that from previous practice, quarterly reports on implementation of the budgets of the national and county governments submitted to Parliament by the CoB were made available to Senators in their designated pigeon holes.

The Senator further stated that in the recent past, he noted a deviation from the established practice expressing concern that the lack of submission of the reports by the CoB was hindering the Senators’ ability to effectively fulfill their oversight function. To this end, the Senate Majority Leader sought the guidance of the Speaker to require the CoB to resume submission of the quarterly reports to the Senate.

Sen. (Dr.) Murango, the Chair must be heard in silence. To this end, the Senate Majority Leader sought the guidance of the Speaker to require the CoB to resume submission of the quarterly reports to the Senate and reinstatement of the practice of making the reports available in the Senators pigeon holes.

Hon. Senators, the point of order raised by the Senate Majority Leader was supported by the Senator for Kisii County, Sen. Richard Onyonka, MP and the Senator for Narok County, Sen. Ledama Olekina, MP, who expressed concern that vital information on the reports of the CoB was available in the media before submission of the reports to the Senate. The Senators further highlighted concern about potential misrepresentation of the reports by the CoB in the media.

Upon listening to the contributions made by the Senators on the point of order raised by the Senate Majority Leader, I directed that the CoB appears before the Senate on Wednesday 27th March, 2024 to respond to the concerns raised by the Senators on the matter and to give an undertaking on the submission of the reports to the Senate.

Hon. Senators, Article 228 (6) of the Constitution requires the CoB to submit to each House of Parliament a report on the implementation of the budgets of the national and county Governments. I have perused the report on Papers Laid in the Senate to ascertain whether the CoB has been adhering to the provisions of the Constitution referred to herein above and to establish that the reports on the budget performance for county and national governments have been submitted to the Senate.

From the report, the CoB has submitted the following-

Mr. Speaker, Sir, I thank you for your Communication before the House. I respect it, but greatly feel that it falls far way below the expectation of the House in the sense that, it addresses only part of what was raised. However, there are other issues not addressed in your Communication. Maybe you can guide the House.

Mr. Speaker, Sir, a reading of Article 228 (6) is not only plain. In law, they speak of the letter and the spirit. While the letter speaks of four months quarterly, the spirit, which is indeed what led to Members intervening that afternoon, has been that these reports were sent on a month by month basis.

There is a history to this. I was a Member of the Committee on Finance and Budget at that time when we had a meeting with the then CoB. We agreed that for Senators to perform their oversight duties prudently, then it is important that a Senator is furnished with the monthly reports on a month by month performance of their county. Out of that meeting, they began sending those reports to our pigeon holes. Therefore, I do not think that has been sufficiently addressed. The reason I had requested that you ask her to come here is so that she understands the history of how we arrived at that decision.

In fact, we had grown that conversation to a level where we said, apart from just dropping it in our pigeon holes, we live in the 21st century, a digital age, I submit my official email address to be furnished with that report.

By the time this Senate made that resolution, that was the eventual decision and the finding of the House. Therefore, I felt it was important for this current CoB to come before us, so that she appreciates the history. Unfortunately, you letter addresses the letter of the law, but not the spirit of it.

Therefore, I agree with your ruling. I do not challenge it, but plead with you that through other means, you find ways of communicating with her so that she appreciates why it is important for Senators to have month on month reports on what their governors are doing with the finances that are being sent to their specific counties. That makes you a better Senator so that, you do not speculate or rumor monger, but do things which you know are accurate and verified from Government reports.

If that can be addressed, then I feel that the point of order will have been sufficiently dispensed with.

I humbly submit.

Thank you, the Senate Majority Leader. As far as the Constitution goes, the CoB has discharged her constitutional obligation. However, I hear you, that beyond the constitutional requirements, there was an agreement between the Senate and the CoB. They sat and agreed that, instead of these reports being transmitted quarterly, they be transmitted monthly.

We do not need to summon the Controller of Budget (COB) before Plenary to achieve that. It will be done administratively through the office of the Clerk. The office of the Clerk is now obligated that whenever these reports are received, other than

committing them to the Standing Committee on Finance, they must be made available to all senators by depositing the same in the pigeonholes. This way, they can read and see the performance of their counties.

Clerk, going forward, you may have to engage the office of the CoB to submit monthly reports. I believe that can be done administratively without having to summon the CoB to appear before the plenary. Let us rest this matter there.

Hon. Senators, as you may recall, at the sitting of the Senate held yesterday, Tuesday, 14th May, 2024, I directed Sen. Samson Cherarkey, MP to substantiate utterances made in the course of debate, following a point of order raised by the Senator for Siaya County, Sen. (Dr.) Oburu Oginga, MP, pursuant to Standing Order No.105 (1) .

Standing Order No.105 provides, and I quote-

Mr. Speaker, Sir, thank you for allowing me to---I do not know whether I can table my phone because I have a Petition electronically. It is an official letter from the Deputy Governor of Siaya, Dr. William Oduol, to the Clerk of the Senate, indicating that he cannot access his office, he does not have utility car and security officers. The Petition has been sent through the Clerk of the Senate of the Republic of Kenya, requesting the intervention of the Senate.

Mr. Speaker, Sir, what I was saying yesterday is already in a Petition and in a letter to the Committee on Devolution and the Clerk of the Senate. The official Petition that I have has also been shared to you through the Committee on Devolution.

I beg to table my phone--- sorry, I know somebody can disappear with my phone, yet it is a high security gadget. There are dangerous things that if Sen. Maanzo sees them, the world might come to an end.

Senator for Nandi, in 20 minutes, make a hard copy, then bring it, and table it in hard copy.

Next Order.

Hon. Senators, at this juncture, you will allow me to re-arrange the sequence of today's Order Paper pursuant to Standing Order No.45

(2)

. I am doing this for the convenience of the House. We will proceed immediately with Order No.8. Thereafter, we will move to Orders No.10 and No.11 before resuming the normal flow of business as contained in today's Order Paper.

Clerk, you may proceed to call that Order.

Sergeant-at-Arms, ring the Division Bell for one minute.

Sen. Mungatana, MGH, Tana River County; Sen. Murgor, West Pokot County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.

NOES: Nil.

Order! Hon. Senators. Sen. (Dr.) Khalwale, please, resume your seat. Hon. Senators, the results of that Division are in and are as follows-

Serjeant-at-Arms, you may now open the doors and draw the Bar.

Next Order, Clerk.

Clause 10

Mr. Temporary Chairperson, I beg to move- THAT clause 10 of the Bill be amended by inserting the following new paragraph immediately after paragraph

(n)

—

(na)

in collaboration with the Kenya Revenue Authority, established under section 3 of the Kenya Revenue Authority Act, establish a monitoring system for tax compliance under this Act.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Clause 87

Mr. Temporary Chairperson, I beg to move - THAT clause 87 of the Bill be amended—

Division will be at the end. Clause 87

Thank you, Madam Temporary Chairperson. I beg to Move that –

THAT Clause 3 of the Bill be amended in subclause (1) by deleting paragraph (c) and substituting therefor the following new paragraph –

THAT Clause 3 of the Bill be amended in subclause (1) by deleting paragraph (c) and substituting therefor the following new paragraph –

Madam Temporary Chairperson, I beg to Move – THAT Clause 5 of the Bill be amended by –

Clause 19

The Temporary Chairperson (Sen. Mumma): Chairperson Committee on Justice Legal Affairs and Human Rights, proceed to Move the Committee’s amendment.

Thank you, Madam Temporary Chairperson---

Division at the end. Clause 15 The Temporary Chairperson (

Madam Temporary Chairperson, I beg to Move – THAT Clause 19 of the Bill be amended by inserting the following subclause immediately after subclause (2) –

(2A)

Despite subsection

(2)

, a public officer may be a party to a contract for the disposal of goods in relation to a computer, a telephone or any other device capable of storing personal information and the computer, telephone or the device was for the exclusive use of the officer.

The Temporary Chairperson

(Sen. Mumma)

: Division at the end. Clause 20

Madam Temporary Chairperson, I beg to move – THAT, the Bill be amended by deleting Clause 20.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Clauses 21 and 22

(Question, that Clauses 21 and 22 be part

of the Bill, proposed) The Temporary Chairperson (Sen. Mumma): Division will be at the end. Clauses 23

Madam Temporary Chairperson, I beg to move- THAT, Clause 24 of the Bill be amended in subsection (2) by deleting paragraph

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 27

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Further Amendment to Clause 27

Chairperson Committee on Justice Legal Affairs and Human Rights, proceed to Move the Committee’s amendment.

Thank you, Madam Temporary Chairperson---

Thank you, Madam Temporary Chairperson. I beg to move- THAT Clause 19 of the Bill be amended –

Madam Temporary Chairperson, I beg to Move – THAT Clause 19 of the Bill be amended by inserting the following subclause immediately after subclause (2) – (2A) Despite subsection (2) , a public officer may be a party to a contract for the disposal of goods in relation to a computer, a telephone or any other device capable of storing personal information and the computer, telephone or the device was for the exclusive use of the officer. (Question of the further amendment proposed) The Temporary Chairperson (

Division at the end. Clause 20

Madam Temporary Chairperson, I beg to move – THAT, the Bill be amended by deleting Clause 20. (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 31

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Clause 31A

of the Bill, proposed) The Temporary Chairperson (

Clause 31B

Division will be at the end. Clauses 23

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 23. (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 33.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Sen. Wakili Sigei and Sen. Olekina, please approach the Dispatch Box.

Clause 34

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 34.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. There is a further amendment to Clause 34. Chairperson, Justice Legal Affairs and Human Rights Committee, proceed to move the amendment.

Thank you, Madam Temporary Chairperson. In line with the proposed amendments by Sen. Olekina, I beg to move-

THAT, the proposal by the Committee be dropped and adopt the proposal by Sen. Olekina to delete entirely the provisions of Clause 34.

The Temporary Chairperson (Sen. Mumma): The further amendment is dropped.

(Further amendment to Clause 34 by Sen. Wakili Sigei dropped) Clause 35

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 35.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Clause 36

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 36.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Clause 37

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 37.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Clause 38

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 38.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end.

Division will be at the end. Can the two gentlemen approach the bench? (Sen. Olekina and Sen. Wakili Sigei approached the Temporary Chairperson) Clause 29

Clause 39

Madam Temporary Chairperson, I beg to move- THAT, Clause 39 of the Bill be amended-

Division will be at the end.

Thank you, Madam Temporary Chairperson, I beg to move- THAT, Clause 41 of the Bill be amended- by inserting the following new clause immediately after subclause (2) that should read-

Madam Temporary Chairperson, I beg to move- THAT, the proposed amendments to Clause 42 be withdrawn. The Temporary Chairperson

(Sen. Mumma)

: That amendment is withdrawn.

The Temporary Chairperson

(Sen. Mumma)

: There is a further amendment to Clause 42. Proceed Sen. Olekina.

Madam Temporary Chairperson, I beg to move- THAT, Clause 42 of the Bill be amended-

Madam Temporary Chairperson, I beg to move- THAT, Clause 30 of the Bill be amended by,

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 31 (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 31A

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 31A (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting Clause 46 and substituting therefor the following new clause –

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting Clause 47.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Clause 48

Division will be at the end. Clause 49

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting Clause 49.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Clause 50

Division will be at the end. Clause 32

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 32 (Question of the amendment proposed) The Temporary Chairperson (

The Temporary Chairperson (Sen. Mumma): Division will be at the end. Clause 51

Division will be at the end. Clause 33

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 33. (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the Second Schedule.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Third Schedule

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the Third Schedule and substituting therefore the following new schedule –

Division will be at the end. There is a further amendment to Clause 34. Chairperson, Justice Legal Affairs and Human Rights Committee, proceed to move the amendment.

Thank you, Madam Temporary Chairperson. In line with the proposed amendments by Sen. Olekina, I beg to move-

Madam Temporary Chairperson, pursuant to Standing Order No.153 (1) , I beg to move that the Committee of the Whole do report progress on its consideration of the Gambling Control Bill (National Assembly Bills No.70 of 2023) and seek leave to sit again tomorrow.

The Temporary Chairperson (Sen. Mumma) : Mover, please move for the Committee to report progress on the Conflict of Interest Bill (National Assembly Bills No. 12 of 2023) .

The Senate Majority Leader, proceed.

Madam Temporary Chairperson, pursuant to Standing Order No.153 (1) , I beg to move that the Committee of the Whole do report progress on its consideration of the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) and seek leave to sit again tomorrow.

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 35. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 36

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 36. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Deputy Speaker, Sir, I beg to move that the House agrees with the Committee on the said report.

Who is seconding the Motion?

I request the Senator for Nandi County, Sen. Cherarkey to second.

Division will be at the end. Clause 38

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 38. (Question of the amendment proposed) The Temporary Chairperson (

Let us go to the next Bill, the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) . The Chairperson, proceed to report progress.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the the Conflict of Interest Bill (National Assembly Bills No. 12 of 2023) and seeks leave to sit again tomorrow.

Mover, proceed.

Mr. Deputy Speaker, Sir, I beg to move that the House agrees with the Committee on the said report.

Is Sen. Cherarkey still seconding?

Yes.

I beg to second.

That amendment is withdrawn. (Proposed amendment to Clause 42 by

There is a further amendment to Clause 42. Proceed Sen. Olekina.

Thank you, Mr. Deputy Speaker, for allowing me and for your indulgence yesterday. I had requested to substantiate as per Standing Order No.105 (1) (2) .

There is a Petition that was submitted to your office and was received on 7th May,

What is your point of order because the Senator is trying to substantiate the allegations?

The matter that my friend, Kosgei is trying to substantiate is already before the Committee of Devolution. It is being investigated. Is it in order for a Senator to raise issues and even substantiate what another committee of Parliament is already discussing and use the same documents before that committee to pretend to be substantiating before those matters are thoroughly investigated?

Let me guide you, Sen. Cherarkey. It is the prerogative of the Speaker to check and investigate those documents before being tabled. You do not need to explain anything---

Do you need water? (Sen. Olekina consulted with the Temporary Chairperson)

Just table the document that you have.

I have not even spoken. What is out of order?

Order, Sen. Kavindu.

Clause 46

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting Clause 46 and substituting therefor the following new clause –

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting Clause 47. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Speaker, Sir, Sen. Kosgei is imputing wrong motive on my request on ---

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting Clause 49. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Deputy Speaker, Sir, is it in order for him to even refer to me as a PA of a Governor? I am the rightful Senator for Siaya elected by an overwhelming majority with more votes than the Governor himself.

Madam Temporary Chairperson, I beg to move- THAT, Clause 50 of the Bill be amended by deleting subclause

(1)

.

Mr. Deputy Speaker, Sir, you know I have tremendous respect for Sen. (Dr.) Oburu. I know he is the substantive Senator of Siaya. My point has been made, but I profusely withdraw and apologise to him. I ask him to stick to the mandate of oversight and not about protecting Governor Orengo.

Hon. Senators, let us go to Statements. We will start with the Statement Pursuant to Standing Order No.52 (1) by Sen. Hamida Kibwana. That Statement is deferred.

Division will be at the end. Clause 51

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting Clause 51 and substituting therefor the following new clause –

Thank you, Mr. Deputy Speaker. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding reported recent confrontations between the officers from Kenya Defence Forces (KDF) and the National Police Service (NPS) .

In the statement, the committee should-

Sen. Cherarkey, you had two Statements. There is another one to the Standing Committee on Roads and Transportation.

Division will be at the end. Second Schedule

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Roads and Transportation on the status of road construction in Nandi County.

In the statement, the committee should-

The other Statements by Sen. Veronica Maina, Beatrice Ogola, Sen. Karen Nyamu and Sen. Chrystal Asige are deferred.

Division will be at the end. Third Schedule

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the Third Schedule and substituting therefore the following new schedule –

Who are you addressing now, Sen. Kavindu Muthama?

I have called you, Deputy Mr. Speaker, Sir so that I can be heard in silence.

Prosecute your matter.

Mover, please move for the Committee to report progress on the Conflict of Interest Bill (National Assembly Bills No. 12 of 2023) . The Senate Majority Leader, proceed.

Madam Temporary Chairperson, pursuant to Standing Order No.153 (1) , I beg to move that the Committee of the Whole do report progress on its consideration of the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) and seek leave to sit again tomorrow.

Let us report on the progress of the Committee of the Whole on the Gambling Control Bill (National Assembly Bills No.70 of 2023) .

Chairperson, proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Gambling Control Bill (National Assembly Bills No.70 of 2023) and seeks leave to sit again tomorrow.

Mover, proceed.

Mr. Deputy Speaker, Sir, I beg to move that the House agrees with the Committee on the said report.

Who is seconding the Motion?

After the incident, the Government took measures to fight terrorism, such as establishing an Anti-Terrorism Unit. I entirely agree with the Committee's recommendation. We have passed the Prevention of Terrorism Act. We already have a Victims' Compensation Fund that should be operationalized to ensure the victims of the bomb blast are compensated. This is the least we can do. They have lost their loved ones, spouses, and children. There is a mother in Kaplelemet in Nandi Hills who cries daily because of the loss of his son.

As the President visits the USA for bilateral engagement, I challenge the Cabinet Secretary for Foreign and Diaspora Affairs, Prime Cabinet Secretary Musalia Mudavadi, to ensure, in his diary, that as the President engages, other stakeholders, including President Joe Biden, to puts this agenda as part of the engagement.

Ambassador Meg Whitman has also been supportive. I request, through your office, for the Clerk to provide a certified copy of this report to the office of the Prime Cabinet Secretary, Hon. Musalia Mudavadi. The USA does not have a problem in compensating Kenyans who lost their loved ones and others who got injured. We should engage the USA in bilateral talks. The issue of compensation for victims of terror is not new. The USA was paid more than USD335 million by the Government of Sudan the other day over the terror attacks of 2000 and the killing of the USA citizens in 2008.

Mr. Deputy Speaker, you remember the famous air crash. I know by that time you were alive. There was a terror attack on Lockerbie, Scotland, involving the Pan Am Flight 103 that was brought down.

At that time, the Libyan Government---

Sen. Cherarkey, which year was that?

Mr. Deputy Speaker, Sir, it was in the late 1980s. You have been around for some time. I can see my friend Sen. (Dr.) Oburu is nodding. He must be aware of this attack.

The attack was carried out in Lockerbie, Scotland and many USA citizens lost their lives. The Libyan Government paid over USD1.5 billion to the USA to compensate their citizens. We are requesting that these victims and their families be compensated. When the Ethiopian Airline Boeing 737-8 Max crashed, families were compensated. It is a tradition, and this compensation must be given. This is the least we can do.

I thank the Committee for bringing up this issue. The second issue of subsidizing medical coverage is a small matter for the Ministry of Health. There is a verified and certified victims' compensation list. I am happy we have this list. We used to have many fake Internally Displaced Persons (IDPs) list. However, this list has been verified and ascertained. This is a straightforward matter. We must give them subsidized medical coverage. Not only for care, but it is also to give them guidance and counseling because of the trauma. You can imagine the horror they went through because of the bomb blast. Most of the injured Kenyans became disabled. Disability sometimes does not come because you were born with it.

In the last session, I was a temporary Person with Disability (PwD) . I thank the Senate for giving me all the support. We request that the Ministry of Labour and Social Protection register all the PwDs and give them the necessary support after registration.

Let us go to the next Bill, the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) . The Chairperson, proceed to report progress.

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

Thank you, Mr. Deputy Speaker, Sir, for the opportunity. I will start by thanking Sen. Kavindu Muthama and the Select Committee, which went through this matter. This is a matter, which is affecting so many Kenyans. In 1998 when Sen. Cherarkey might have been in secondary or primary school, I was already serving my second term in this House.

Mr. Deputy Speaker, Sir, I beg to move that the House agrees with the Committee on the said report.

from Nairobi and they asked me whether I was aware of what had happened in Nairobi. I said I had no idea. I was told that there was a bomb blast that had happened in Nairobi, many people had died and that the American Embassy was blown, the Cooperative Building, which we used to call the Belly Bottom Building had shaken and there were many buildings around which also had problems, including the headquarters of Railways.

Since then, it has been a long time and many things have happened. There is a lot of water under the bridge. I can tell you that all the Americans who were in the American Embassy have been compensated. Some Kenyans who were also in that Embassy have been compensated. The only people who have not been compensated are the innocent Kenyans who were not in the Embassy; those who were walking or in their offices doing their work and those who were travelling using public transport nearby at that time. Some of them died and some were maimed. The kind of damage which was done is that there are a lot of medical expenses, mental care and counselling which is needed for those people.

Mr. Deputy Speaker, Sir, you will wonder why terrorists should bomb Kenya. There is no reason for terrorists to bomb Kenya because Kenya does not involve itself in very high international politics where terrorists find a reason to commit the injustices happening elsewhere in the world.

The terrorists would follow the Americans wherever they are because they know they are being followed for some injustices that happened elsewhere and not in Kenya. Therefore, Kenyans become victims of those injustices. When it comes to compensation, Kenyans have to cry, pass resolutions in the Senate, form some select committees and plead, so that they can be compensated. Kenyans can be compensated from a fund, which is there. That money is there and I understand that this Committee could not even secure appointments to meet the people who are in charge of American affairs within our country. This is serious and we have to call a spade a spade. We should not be mincing words. I thank Sen. Kavindu Muthama as you have feelings for our people.

Mr. Deputy Speaker, Sir, I was the Member of Parliament for Bondo during the time of this incident. A constituent of mine who was working in the American Embassy lost her head and we buried her without her head. We could only recognize the body. This happened to many Kenyans as people were completely maimed. I am speaking with a lot of emotion because I feel so disappointed that a powerful country with so much money and resources cannot provide paltry compensation to the Kenyans who became victims. It is becoming such a big issue that we have to sit here, debate and plead. Please America, why do you not compensate our people and allow us to call this thing, a thing of the past? Let us bury it so that it does not give us those bad memories when we become victims of offences, which we have not committed against anyone. We are clean and we do not commit offences against other countries. If there is any, it is very minimal interaction that we have internationally where people will have reason to come and bomb us.

Mr. Deputy Speaker, Sir, I will not go deeply into all these issues, but I want to conclude by pleading once again to the authorities of the USA, to rethink this issue and find ways and means of calling this, a thing of the past. Let us go into other chapters and continue with our good relationship. This Government has a very good relationship with

Yes.

I beg to second.

Thank you.

Hon. Senators, we now go back to the Order on Statements. We have several statements--- Before we get to that, there is something Sen. Cherarkey must dispense off before he sits in this Chamber.

through. Some people came in crutches. They are walking in crutches up to today, without having been compensated for all those years.

I know our President is going to travel to USA next week. I urge him, on behalf of this House, to tell the Americans that we are not collateral damage. We are human beings like the Americans who were working for that Government. The contractors who were working for that Government were compensated billions of shillings. If we are going to host Americans here and then we suffer because we host them, who will take responsibility? It is the government of the United States of America.

Mr. Deputy Speaker, when you see what is happening today in Gaza, including the bombing that happened in Nairobi, maybe any equipment used is manufactured in America. Look at what is happening in Gaza today, one missile costs millions of shillings. If they set aside even 10 missiles, it can compensate the Kenyans fully; everybody will be paid. However, even if you pay people today, the suffering, torture and stress they went through, cannot be compensated. There is a woman who was working for a bank who lost her job because she was disabled. Earlier on, she was an abled person working for a bank and up to today, she has no earnings and she has suffered heavily.

Mr. Deputy Speaker, if the President goes there, if possible, he needs to tell the Americans that was not our war. It was an American war and we are suffering because of it. Up to today, we are still losing people to Al Shabaab. Why are we losing people to Al Shabaab? We have no quarrel with anybody in Somalia or any Muslim organization. The problem is that there is an issue between the Americans and a certain Muslim community and not everybody, yet we are suffering. We have lost soldiers in Marsabit who are in Somalia. We are losing people in bombing up to 2022. Why are we having these issues?

We have neighbors like Ethiopia, Somalia, Sudan, Uganda and Tanzania, whom we have no problems with. We are not fighting with them. Why are we having this issue? It is because of the double standards of the American government. If they stop using their double standards, you will see them funding countries to fight each other. They brought a problem between Iraq and Iran. They gave the same equipment, the missiles, to Iran.

Sen. Chute, if I understood the Mover of this Motion, the USA is very ready to compensate. However, your line of argument is that they are the impeding. I want you not to lose focus with the Mover because she is already negotiating with the Americans, so that they do not get your statement that they are the ones impeding the compensation.

Sen. Chute Thank you, Mr. Deputy Speaker, Sir. We are not begging them. We are demanding them to pay our people. Our people lost their lives, were maimed and tortured, both mentally and physically because of their issues. They had intelligence, but they did not care.

The same thing is happening in Gaza. Thousands of women and children are dying. The ammunitions that the Israelis are using are from America. Let it not be as if we are begging them because we are demanding what is rightfully ours. Our people must be compensated, not just at a lower percentage, but to the maximum.

Mr. Deputy Speaker, Sir, let me end by stating that our President is going to travel. He can use any means possible. Furthermore, we have been having these issues for many years. Some people have died while others are still alive. The compensation that

The matter that my friend, Kosgei is trying to substantiate is already before the Committee of Devolution. It is being investigated. Is it in order for a Senator to raise issues and even substantiate what another committee of Parliament is already discussing and use the same documents before that committee to pretend to be substantiating before those matters are thoroughly investigated?

Let me guide you, Sen. Cherarkey. It is the prerogative of the Speaker to check and investigate those documents before being tabled. You do not need to explain anything---

Mr. Deputy Speaker, Sir---

Just table the document that you have.

I have not even spoken. What is out of order?

be sympathetic of us. However, the risk of being ignored is very high if we go and show that actually, we have done nothing as a nation. We need to ask these various Ministries to do what they are supposed to do, so that we do not embarrass ourselves even as we ask the USA to do its part.

With those remarks, I beg to support. Thank you.

Sen. Munyi Mundigi, proceed.

Asante Bw. Naibu Spika. Naunga mkono Kamati ya Sen. Kavindu. Mimi ni mmoja wa hiyo Kamati. Tulikuwa watu tisa.

Mambo ya ajabu ni kuwa, kama Kamati, tumekutana na Mawaziri wa Labor and Social Protection, Health, Interior and National Administration na hata pia, Mhe. Musalia Mudavadi. Tumetembea hadi mashinani kama vile Machakos na kona zingine.

Ni jambo la kuhuzunisha sana kwa sababu ni miaka 25 tangu hicho kitendo kifanyike. Kama ni ajali au mambo mengine, huwa hayamalizi miaka tatu au nne kama watu hawajafidiwa. Hili ni jambo lililofanywa kwa Serikali ya Kenya na watu wa nje. Ndio maana tunasema ya kwamba, Serikali ya Kenya Kwanza ambayo inafanya kazi na inajali mwananchi, iungane na USA ili hicho kilio cha hao watu kiweze kusikika.

I am telling the House that there is no Senator called Kosgei. Number two, why is Sen. (Dr.) Oburu uneasy being the Personal Assistant (PA) to Governor Orengo?

I table.

What is it again Sen. (Dr.) Oburu?

Sen. Kavindu Muthama, you can reply.

Are you referring to Sen. Cherarkey?

done. It is not in my position. Therefore, I am asking the President and the Cabinet Secretary for Diaspora and Foreign Affairs to do what is needful. These are our people who sleep hungry and go without medication. I am requesting that what can be done locally be done.

We also have the fund that was formed here in 2012 under the Ministry of Interior and Coordination of National Government. I ask the Cabinet Secretary Hon. (Prof.) Kindiki to organise this fund, so that he can also see what he can do for these victims as we wait for the Americans to compensate our people.

As the Senate, we call these concerned Cabinet Secretaries here to ask them questions; why they have not been concerned about the victims who are our people and yet we are asking Americans to do what is needful. It is our right and theirs. We must do what is needful for these people, so that they can also feel like any other Kenyan. I look forward to the Cabinet Secretary for Foreign and Dispora Affairs and our President doing what is needed for our people.

When I went to America before I came up with this Motion, I met with the lawyers and one of the victims, Caroline Muthoka. They told me whenever they try to advance and reach out to the Senate and the Congress, the lawyers are asked why they fight for them yet the Kenyan Government is quiet on this. I got so mad that I told them once I am back in Kenya, I will do a Motion and they will hear the voice of Kenya speaking and demanding what is rightfully ours. I repeat that Al Qaeda was not fighting Kenya, but America.

America should take their responsibility and compensate Kenyans who are not compensated. They only compensated Kenyans were those who were working inside the American embassy, but not those in the adjacent buildings, who were passing by in buses and cars. We are talking of 6,000 people and 213 are dead. Moreover, those people are not compensated. We are asking America to be the big brother that we look upon. They should amend the law so that our people are compensated.

I submit.

Sen. Cherarkey, you know you should use the best language possible when referring to your colleague. You would not be happy to be told you are the PA to Governor Sang.

Mr. Deputy Speaker, Sir, you know I have tremendous respect for Sen. (Dr.) Oburu. I know he is the substantive Senator of Siaya. My point has been made, but I profusely withdraw and apologise to him. I ask him to stick to the mandate of oversight and not about protecting Governor Orengo.

Thank you, Madam Temporary Speaker.

I beg to move that the Statutory Instruments (Amendment) Bill, (National Assembly Bill No.2 of 2023) be now read a second time. This is a very important piece of legislation. Brief as it is, it carries with it very important powers of Parliament which have been assumed by other bodies.

Madam Temporary Speaker, on many occasions, I have seen either the Cabinet Secretaries or even state agencies continue to carry on legislations that have the full force of law without consideration of Parliament. This is sometimes even when they have lapsed, without any reference back to the House of Parliament for consideration of the same.

This Bill seeks to cure that anomaly. That is why I like the fact that this Bill is being moved here in Parliament, so that colleagues can have time to debate and share one or two things they think about this process. I have seen on many occasions sometimes newspaper items that erroneously report on the process of consideration of regulations that they have already been approved or not approved, that Parliament has ceded its power by passing a particular Bill.

This is a mother law on all regulations that are supposed to be considered by the Houses of Parliament. Therefore, it is not possible by other subsidiary legislation to take these powers away. Anything that will have the force of law outside there by way of regulation will have to follow the route that will now be dictated by this Bill.

Therefore, the principal object of this amendment Bill is to amend the provisions of the Statutory Instruments Act of 2013, which is to allow the Committee on Delegated Legislation to require the regulation making authority to submit to Parliament a copy of any regulation that ceases to have an effect by operation of law. That is when time lapses, it must come back to both Houses to consider. That is what is being referenced in this Bill.

The amendment further obligates Parliament to notify the general public in two newspapers of wide circulation that a statutory instrument, which ceases to have the effect by operation of law, is a nullity. You must notify the public that this regulation has ceased to operate because of the reasons that have been stated.

Fourthly, as I mentioned, there have been cases where authorities fail to submit regulations to Parliament and such regulations continue to be in force until sometimes Parliament actually either annuls them or recalls those regulations. This Bill will ensure that the regulation making authority submits statutory instruments to Parliament. The

Sen. Sigei?

I thank you, Madam Temporary Speaker, for giving me the opportunity to second this important Bill that the Senate Majority Leader has moved. As I do that, it is imperative to point out that this Bill is an umbrella to statutory legislations, or rather regulations, which are normally made by either institution and sometimes fail to place them before Parliament for scrutiny. The amendments to the Bill are aimed at very specific aspects of it.

One is to have an opportunity for Parliament to scrutinise such instruments, so that as they are published for purposes of application, by such state organs, state entities or agencies, protection of the public interest is fully taken care of by the Parliament, which is constitutionally mandated to protect the interest of the public. Parliamentary approval and oversight of legislation is a constitutional edict.

The need to have these instruments scrutinised by Parliament is imperative. That is the reason why such regulations, as provided for by the proposed amendments, are to be published by the House. To be very specific as I support this Bill, Clause 2, which

seeks to amend Section 11 of the Statutory Instruments Act, is giving timelines within which such instruments that have been published by either agencies or Government institutions are to be placed before Parliament.

Parliament is thereafter expected to publish them within seven days after the committee has resolved that it has been placed before the House. Why is this timeline very critical? Previously we have had statutory instruments, which have been applied by various state agencies without the input of the relevant committee of Parliament. By extension, they are devoid of the input of the public because the committee of Parliament is deemed to be a representation of the people.

The seven-day period which is given to Parliament to publish is also to make sure that there is no unnecessary delay in the publication and application of the statutory instruments. By the time they are being published, they are supposed to be utilised to ensure that services to the public are within the relevant regulations. So, the proposed amendment under Subclause 2(5) is long overdue and I fully support it.

Secondly, there is a requirement that a statutory instrument that has ceased to be operational must equally be published and the public is notified. Therefore, any other Government agency that would fail to publish a nullified instrument or regulation is illegal. This is another subsequent provision of this particular statutory instrument Amendment Bill.

The proposed amendment under Clause 3 to Section 12 of the Principal Act is very critical. The Act as it is providing that there is no exemption to orders or regulations that are emanating from courts of law. There are three arms of Government including the Legislature, the Judiciary and the Executive. They are independent of one another. This amendment seeks to protect the regulations and orders that are emanating from courts of law as judicial pronouncements from a requirement that they be subjected to parliamentary scrutiny. If they were to be subjected to parliamentary scrutiny, it definitely would go against the constitutional requirement of independence. So, this amendment is very critical in ensuring that the independence of various arms of Government is safeguarded.

Madam Temporary Speaker, the third and critical aspect in respect of this proposed amendment is the proposed amendment to Clause 18. It requires the Clerk of this House and the National Assembly to ensure that a notice is published in two newspapers of nationwide circulation. The reason why it is important is because once a statutory instrument is published in two newspapers of national or wide circulation, it is seen that the public is notified of such a regulation and, therefore, one will not purport to allege that there is a utilization of statutory instruments that have not been subjected to parliamentary scrutiny.

This publication also applies to those that have been revoked because once they are revoked, a revocation must also be published on the parliamentary website, and this is to notify the public of the action that has been undertaken by Parliament.

Lastly, the proposed amendment seeks to amend Clause 24 of the Principle Act. This is to ensure that those people who are in authority or those people who have been donated have the mandate to make statutory instruments, if and when they fail to do so, the Act provides for a penalty for inaction. Also, the penalties have been enhanced from

The other Statements by Sen. Veronica Maina, Beatrice Ogola, Sen. Karen Nyamu and Sen. Chrystal Asige are deferred.

Thank you, Mr. Deputy Speaker, Sir. At long last, this is the progress report of the Ad hoc Committee on the compensation of the Kenyan victims of the 1998 bombing of the U.S. Embassy in Nairobi.

The Senate Ad hoc Committee on the compensation of the Kenyan victims of the 1998 bombing of the United States Embassy in Nairobi was established on 29th June, 2023, but held its first meeting on 18th July, 2023. The Committee was able to meet with the victims of the bomb blast tragedy, their lawyers, the next of kin of the deceased victims, and the groups representing various ---

Who are you addressing now, Sen. Kavindu Muthama?

I have called you, Deputy Mr. Speaker, Sir so that I can be heard in silence.

Prosecute your matter.

Thank you, Madam Temporary Speaker. I beg to reply.

I thank my colleagues who have taken the time to speak on this important Bill. Making their contribution and thoughts on something that I said, though brief, is extremely important to the existence of Parliament as an institution. We take this for granted on many occasions, but it has grave implications if ignored.

Sen. Mungatana, I thank you for your thoughts. Some of the things that you have said are in practice. For example, I know for a fact that our Committee on Delegated Legislation has a meeting tomorrow with the State Department for Housing. This is because, further to the law we passed on affordable housing, there are regulation making powers we gave to the Cabinet Secretary. The State Department is in the state of developing those regulations to govern affordable housing. How do you buy the House and contribute? They have sent the draft to the Committee for their input.

It is also part of the public participation we are talking about. Eventually, when it comes to Parliament, it is already involved as it considers the views of other stakeholders, so Parliament is like an appellate court in this matter. Other stakeholders will come and say, for example, we see the Ministry has proposed the following, but this is what we thought would have been better. Then, Parliament can make the final decision and approve those regulations. Some of the things you are saying are in practice. However, we need to make it the culture. I like that, as I said in my moving note, this is the umbrella law, aligning the Statutory Instruments Act of 2013 to our Constitution and making it alive for people to know that we are in a bicameral legislative environment. There are two Houses of Parliament. There have been instances where regulations are taken to only one House. I have not seen much of that this term, but we have confronted this over the years in the existence of the bicameral Parliament.

I thank my colleagues for taking their time. With those remarks, I beg to reply. In accordance to Standing Order No.66 (3) , I beg to request that the putting of question be deferred to another date.

Thank you, hon. Senator. Putting of the question is deferred to another date as will be scheduled by the Senate Business Committee (SBC) .

I will further direct that the Order Paper be rearranged so that we call out Order No.18.

Thank you. The Committee also attended the victims’ prayer day on 5th August, 2023, and on the 25th commemorandum of the bomb blast of 7th August, 2023, at the Memorial Park. The Committee met with the Cabinet Secretaries for Health; Labour and Social Protection; Foreign and Diaspora Affairs; and, Interior and National Administration.

The Committee was also able to meet with the National Council for Persons with Disabilities (NCPD) . From the interactions with the above stakeholders, the Committee gave the following directions to the ministries-

Thank you, Mr. Deputy Speaker, Sir. We want to thank the House for allowing the Ad hoc Committee to resolve issues affecting Kenyans. This is a matter that has been pending before the courts of the United States of America (USA) , and the House of Parliament for many years.

When this Committee was set up, it met most victims, and most of them were orphaned children, and the widowed. People have lost their parents, husbands, or wives in this process. This is something Kenyans who were old enough by 1998, 25 years ago, know and remember very well. The biggest challenge for these people is that some are going through medical treatment, and some were flown to the USA for medical treatment. They formed groups and had leadership, so that they could use that to make their claims.

Notable was the late Hon. Kamotho’s driver who was on duty and had left his family early in the morning. He had left with little children who were three years old. When this bombing happened, he died there and up to today, his children are waiting for justice. We hope that they, together with many others, will get justice through this House and the Senate and the Congress in America.

Mr. Speaker, what is needed in this particular one is for an amendment to be made in the USA law to include Kenya as one of the states that can be compensated. They need to be compensated from a victim's fund, which is set up by the Ministry of Justice, and which has monies collected from defeated Al Qaeda networks, including frozen accounts in America. Therefore, the money for compensation is available.

For the Kenyans who went for treatment in the USA and those who went to court in the USA, there was a very big challenge as to whether a Kenyan national could sue Al Qaeda on the USA soil. It took 10 years and was rejected at the equivalent of the High Court.

It then went to the Supreme Court, and at the same time, coincidentally, the then ambassador to Kenya, Hon. Prudence Bushnell, had written a book that detailed some of the activities. This provided evidence sufficient enough to allow the Supreme Court of the USA to allow Kenyans to sue Al Qaeda on Kenyan soil. For that matter, over 3, 000 suits have gone through, and are awaiting this amendment, so that they can be compensated. That particular law has a form for the other Kenyans who can be verified that they were in this unfortunate incident, either dead or injured.

Many of these people are alive, going through medication for the last 25 years and going through hospital operations on their own bill. They also go through the removal of glasses from their body, which is done in stages because some of it is stuck in the brains. Most of them live uncertain lives. We met all of them in this Senate and promised to help them.

What is very important now is this amendment to go to the USA. The Chief Cabinet Secretary and the Cabinet Secretary in charge of Foreign and Diaspora Affairs

Thank you, Madam Temporary Speaker. I beg to move that The Meteorology Bill (Senate Bill No.45 of 2023) be now read a Second Time.

The Meteorology Bill was published in the Kenya Gazette Supplement No.172 of

Thank you, Majority Leader. Proceed, Sen. Mungatana.

Thank you, Madam Temporary Speaker. I rise to second this very important Bill that is before the Senate today.

Recently the President addressed this nation on cyclone Hidaya that was hitting us at the coast. We were all very worried and all efforts were put to make sure our beloved pastime at the beach was stopped. The marine officials and the security agencies prohibited movement within the beach area for the protection of the people because of the expected destructive force that cyclone Hidaya was bringing to the coast.

Madam Temporary Speaker, we, including the entire counties of Lamu, Tana River, Kilifi, Mombasa down to Kwale were all very worried.

I remember we were on that particular day---

After the incident, the Government took measures to fight terrorism, such as establishing an Anti-Terrorism Unit. I entirely agree with the Committee's recommendation. We have passed the Prevention of Terrorism Act. We already have a Victims' Compensation Fund that should be operationalized to ensure the victims of the bomb blast are compensated. This is the least we can do. They have lost their loved ones, spouses, and children. There is a mother in Kaplelemet in Nandi Hills who cries daily because of the loss of his son.

As the President visits the USA for bilateral engagement, I challenge the Cabinet Secretary for Foreign and Diaspora Affairs, Prime Cabinet Secretary Musalia Mudavadi, to ensure, in his diary, that as the President engages, other stakeholders, including President Joe Biden, to puts this agenda as part of the engagement.

Ambassador Meg Whitman has also been supportive. I request, through your office, for the Clerk to provide a certified copy of this report to the office of the Prime Cabinet Secretary, Hon. Musalia Mudavadi. The USA does not have a problem in compensating Kenyans who lost their loved ones and others who got injured. We should engage the USA in bilateral talks. The issue of compensation for victims of terror is not new. The USA was paid more than USD335 million by the Government of Sudan the other day over the terror attacks of 2000 and the killing of the USA citizens in 2008.

Mr. Deputy Speaker, you remember the famous air crash. I know by that time you were alive. There was a terror attack on Lockerbie, Scotland, involving the Pan Am Flight 103 that was brought down.

At that time, the Libyan Government---

Hon. Senators, it is 6.30 p.m., time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Thursday, 16th May, 2024 at 2.30 p.m.

The Senate rose at 6.30 p.m.

Mr. Deputy Speaker, Sir, it was in the late 1980s. You have been around for some time. I can see my friend Sen. (Dr.) Oburu is nodding. He must be aware of this attack.

The attack was carried out in Lockerbie, Scotland and many USA citizens lost their lives. The Libyan Government paid over USD1.5 billion to the USA to compensate their citizens. We are requesting that these victims and their families be compensated. When the Ethiopian Airline Boeing 737-8 Max crashed, families were compensated. It is a tradition, and this compensation must be given. This is the least we can do.

I thank the Committee for bringing up this issue. The second issue of subsidizing medical coverage is a small matter for the Ministry of Health. There is a verified and certified victims' compensation list. I am happy we have this list. We used to have many fake Internally Displaced Persons (IDPs) list. However, this list has been verified and ascertained. This is a straightforward matter. We must give them subsidized medical coverage. Not only for care, but it is also to give them guidance and counseling because of the trauma. You can imagine the horror they went through because of the bomb blast. Most of the injured Kenyans became disabled. Disability sometimes does not come because you were born with it.

In the last session, I was a temporary Person with Disability (PwD) . I thank the Senate for giving me all the support. We request that the Ministry of Labour and Social Protection register all the PwDs and give them the necessary support after registration.

Finally, I thank the Committee for its recommendation to compensate the victims. I also thank Sen. Kavindu and the Ad hoc Committee for their work. I had an issue and requested to come to your Committee because we need more resources to create more select committees. You can see the work of select committees. The resources should be sufficient.

The Joint Services in Parliament have more resources than the Senate yet, during a blackout, we could not purchase fuel for the generator to have the session. Ironically, the Joint Services of Parliament has more resources than the Senate.

In conclusion, this House must be respected. Whenever we are in session, it looks like there is a go-slow from the support services, not from the staff of the Senate, but other services. When you go, there is no food. I can tell you, half of your Members did not eat today because we were told there were many visitors and so Senators had to forego their food.

The other day, we had a blackout. We were told that the Joint Services had disappeared with a key for the generator and fuel. Likewise, when you go to the washrooms, there are no tissue papers, but when the National Assembly is in session, all these things are available.

I want to challenge that we must be respected as a Senate. This report has put the Senate on the moral pedestal of respect in this Republic. We are proud, despite the sabotage and the challenges we face as a House, including insufficient funds to committees and even with the non-provision of support, we continue to soar higher.

Mr. Deputy Speaker, Sir, when Bob Marley was from Jamaica. Rastafarians, like some of us, would say, ‘more fire’ to him. Unfortunately, he died at the age of 36. When asked if he sold so much to acquire riches in concerts and music that he sang, he asked, “What do you mean by wealth and riches?” He was told in terms of position. He said, the riches there is to have life forever and one love in this world.”

Our prayer is in the song of Bob Marley, that we should have one love; whether you are Chinese, African, or American. If we have one love we shall eradicate disasters and the challenge of terrorism in this world. We have one love for all humanity and in the words of Bob Marley, that should always encourage us. I would have sung, but I did not eat well today, but in future, I will sing.

I support and congratulate the committee.

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

Thank you, Mr. Deputy Speaker, Sir, for the opportunity. I will start by thanking Sen. Kavindu Muthama and the Select Committee, which went through this matter. This is a matter, which is affecting so many Kenyans. In 1998 when Sen. Cherarkey might have been in secondary or primary school, I was already serving my second term in this House.

from Nairobi and they asked me whether I was aware of what had happened in Nairobi. I said I had no idea. I was told that there was a bomb blast that had happened in Nairobi, many people had died and that the American Embassy was blown, the Cooperative Building, which we used to call the Belly Bottom Building had shaken and there were many buildings around which also had problems, including the headquarters of Railways.

Since then, it has been a long time and many things have happened. There is a lot of water under the bridge. I can tell you that all the Americans who were in the American Embassy have been compensated. Some Kenyans who were also in that Embassy have been compensated. The only people who have not been compensated are the innocent Kenyans who were not in the Embassy; those who were walking or in their offices doing their work and those who were travelling using public transport nearby at that time. Some of them died and some were maimed. The kind of damage which was done is that there are a lot of medical expenses, mental care and counselling which is needed for those people.

Mr. Deputy Speaker, Sir, you will wonder why terrorists should bomb Kenya. There is no reason for terrorists to bomb Kenya because Kenya does not involve itself in very high international politics where terrorists find a reason to commit the injustices happening elsewhere in the world.

The terrorists would follow the Americans wherever they are because they know they are being followed for some injustices that happened elsewhere and not in Kenya. Therefore, Kenyans become victims of those injustices. When it comes to compensation, Kenyans have to cry, pass resolutions in the Senate, form some select committees and plead, so that they can be compensated. Kenyans can be compensated from a fund, which is there. That money is there and I understand that this Committee could not even secure appointments to meet the people who are in charge of American affairs within our country. This is serious and we have to call a spade a spade. We should not be mincing words. I thank Sen. Kavindu Muthama as you have feelings for our people.

Mr. Deputy Speaker, Sir, I was the Member of Parliament for Bondo during the time of this incident. A constituent of mine who was working in the American Embassy lost her head and we buried her without her head. We could only recognize the body. This happened to many Kenyans as people were completely maimed. I am speaking with a lot of emotion because I feel so disappointed that a powerful country with so much money and resources cannot provide paltry compensation to the Kenyans who became victims. It is becoming such a big issue that we have to sit here, debate and plead. Please America, why do you not compensate our people and allow us to call this thing, a thing of the past? Let us bury it so that it does not give us those bad memories when we become victims of offences, which we have not committed against anyone. We are clean and we do not commit offences against other countries. If there is any, it is very minimal interaction that we have internationally where people will have reason to come and bomb us.

Mr. Deputy Speaker, Sir, I will not go deeply into all these issues, but I want to conclude by pleading once again to the authorities of the USA, to rethink this issue and find ways and means of calling this, a thing of the past. Let us go into other chapters and continue with our good relationship. This Government has a very good relationship with

the USA and that should continue without small hitches like this. This is something, which the USA is capable of putting behind their back.

Without further ado, I hope that all of us will support this Report. With those very many remarks, I beg to support the Report.

I thank you.

Thank you. Proceed, Sen. Chute.

Thank you very much, Mr. Deputy Speaker, Sir. Let me also take this opportunity to thank Sen. Kavindu Muthama for chairing this Committee. She has passionately followed this matter up, and sometimes felt like crying. I am also in that Committee, and when the victims came before us to narrate to us what they went through, all the Members who were there cried because it was not something that we could stomach.

Mr. Deputy Speaker, Sir, on 7th August, 1998, I was in Addis Ababa on a business trip. I left my hotel room early morning at around 7.00 a.m. When I came back to the hotel at 1.00 p.m., I switched on the television. The first thing I saw was a bombing in Nairobi and so many people died. It was reported that 212 Kenyans had died that same day and 4,000 others were injured, maimed and suffered. It cannot be narrated by ordinary people, unless you have gone through what they went through.

Article 26 of our Constitution is very clear that every person has a right to life, whether you are an American, Kenyan or any other citizen living in this country. In America when other people die, they say it is collateral damage. Lives are being called collateral damage. The issue that happened that day, it is not something Americans did not know. They had enough intelligence. They knew very well that something would happen soon to the embassy. They did not care because they lost about 56 contractors and American government employees.

Mr. Deputy Speaker, Sir, this issue of calling human beings “collateral damage” must stop. Why are we asking for compensation? The reason is very simple, the American embassy is like the American country itself. When they attacked the embassy, they attacked the Americans. They did not care how many Kenyans would die. There is a programme in Sudan where money was set aside to compensate victims of the bomb blast in both Tanzania and Kenya. Some people were compensated, but Kenyans are not compensated.

When we sat in that Committee, we came to know that there are those who died and others who did not die. We are sorry about those who died. However, those who did not die got injuries that are completely unrepairable. These people suffered, were humiliated and lost their jobs. Some lost their mothers and fathers. Some very young children could not survive because they lost parents.

Our people, the Kenyans, suffered both physical and emotional damage. If you were in that Committee, you would be shocked. We cried. We had the Cabinet Secretary for Health, Hon. Nakhumicha before us and the Cabinet Secretary for Foreign and Diaspora Affairs, Hon. Mutua and Hon. Mudavadi. In fact, we visited his office. When Hon. Nakhumicha was there, those people narrated the story of the suffering they went

through. Some people came in crutches. They are walking in crutches up to today, without having been compensated for all those years.

I know our President is going to travel to USA next week. I urge him, on behalf of this House, to tell the Americans that we are not collateral damage. We are human beings like the Americans who were working for that Government. The contractors who were working for that Government were compensated billions of shillings. If we are going to host Americans here and then we suffer because we host them, who will take responsibility? It is the government of the United States of America.

Mr. Deputy Speaker, when you see what is happening today in Gaza, including the bombing that happened in Nairobi, maybe any equipment used is manufactured in America. Look at what is happening in Gaza today, one missile costs millions of shillings. If they set aside even 10 missiles, it can compensate the Kenyans fully; everybody will be paid. However, even if you pay people today, the suffering, torture and stress they went through, cannot be compensated. There is a woman who was working for a bank who lost her job because she was disabled. Earlier on, she was an abled person working for a bank and up to today, she has no earnings and she has suffered heavily.

Mr. Deputy Speaker, if the President goes there, if possible, he needs to tell the Americans that was not our war. It was an American war and we are suffering because of it. Up to today, we are still losing people to Al Shabaab. Why are we losing people to Al Shabaab? We have no quarrel with anybody in Somalia or any Muslim organization. The problem is that there is an issue between the Americans and a certain Muslim community and not everybody, yet we are suffering. We have lost soldiers in Marsabit who are in Somalia. We are losing people in bombing up to 2022. Why are we having these issues?

We have neighbors like Ethiopia, Somalia, Sudan, Uganda and Tanzania, whom we have no problems with. We are not fighting with them. Why are we having this issue? It is because of the double standards of the American government. If they stop using their double standards, you will see them funding countries to fight each other. They brought a problem between Iraq and Iran. They gave the same equipment, the missiles, to Iran.

Sen. Chute, if I understood the Mover of this Motion, the USA is very ready to compensate. However, your line of argument is that they are the impeding. I want you not to lose focus with the Mover because she is already negotiating with the Americans, so that they do not get your statement that they are the ones impeding the compensation.

Sen. Chute Thank you, Mr. Deputy Speaker, Sir. We are not begging them. We are demanding them to pay our people. Our people lost their lives, were maimed and tortured, both mentally and physically because of their issues. They had intelligence, but they did not care.

The same thing is happening in Gaza. Thousands of women and children are dying. The ammunitions that the Israelis are using are from America. Let it not be as if we are begging them because we are demanding what is rightfully ours. Our people must be compensated, not just at a lower percentage, but to the maximum.

Mr. Deputy Speaker, Sir, let me end by stating that our President is going to travel. He can use any means possible. Furthermore, we have been having these issues for many years. Some people have died while others are still alive. The compensation that

will be given should include those who died, those who were maimed and those still having issues today in Kenya. I request the President to put up our case and see how we can have these people compensated as quickly as possible.

Mr. Deputy Speaker, Sir, in conclusion, I beg to support this report. Once again, I thank Sen. Kavindu Muthama for a job well done.

I thank you.

Proceed, Sen. Mungatana.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to make my comments on the progress report by the Committee led ably by Sen. Kavindu Muthama. I appreciate the work that the Senator has done so far. I will be very brief.

I appreciate that the Chairperson and Sen. Maanzo met with Senator Coons of the USA and made some progress towards settlement for the victims. They have also explained to us the challenge, which is that the US needs to amend its law, so that Kenya can be included amongst the countries that can be compensated using the terrorists frozen assets. To that end, I congratulate the Chairperson of the Ad hoc Committee. I also thank Sen. Maanzo for the efforts they have put so far in doing the work.

I have issues with two Ministries. The first one is the Ministry of Health (MoH) . According to what the report tells us on page six, the Committee gave direction to the MoH to conduct medical assessment of the victims of the 1998 US Embassy Bombing in Nairobi and submit a report of assessment to the Committee in order to assist them to build their case on compensation of the said victims.

The first question is whether the MoH carried out the assessment. It appears that despite the directions that were given to them, so far, they have not submitted medical assessments to the committee to enable them build a case for the victims. It would be embarrassing for the President to engage the US government when he goes on this trip to Washington DC, only to be asked what the MoH in Kenya has done. This document is available to them. If they google, they will find that there was a recommendation to the Ministry to carry out assessment on all the victims of the bombing.

All of us agree that the President should put some pressure when he goes on his trip. Here we are asking him to talk about this, yet the Cabinet Secretary for Health has not even given us the assessment for the victims. I want to express my disappointment on that bit because we need to do our part, even as we look forward to the compensation through the efforts of Sen. Kavindu Muthama and her team.

We need to tell the Cabinet Secretary for Health, Hon. Nakhumicha, together with the Permanent Secretary (PS) of the Ministry, to provide the assessment, so that when we deal with this matter at that level, we have the facts. These people were also supposed to provide some treatment to the surviving victims.

When we ask for compensation, we can provide the assessment and show the assistance we have provided in terms of medical care and other things. We are now requesting the US government to give us compensation, yet the MoH has not lived up to the directions.

The other direction that was given by the Committee was that the Ministry of Labour and Social Protection and the National Council for Persons with Disabilities

(NCPWD) undertake registration of survivors with disabilities. Again, there is no report that has been attached here. From where we sit as the Senate, it is clear that the Ministry has not done registration of the victims.

If the Ministry of Labour and Social Protection has not registered or issued the people affected with certificates of disability, we will be seen to be lagging behind. We are making huge requests, but what have we done as a nation? The MoH and the Ministry of Labour and Social Protection have not done their part.

The Prime Cabinet Secretary, who is also the Cabinet Secretary for Foreign and Diaspora Affairs, is supposed to push the matter of compensation at the Cabinet level. There is no evidence that has been attached here to suggest that the Ministry of Foreign and Diaspora Affairs has actually been putting the necessary pressure at the Cabinet level. /What Hon. Mudavadi should have done is to develop a white paper for consideration at the Cabinet level. If our people are being denied what is rightfully theirs and it is only the Senate that is pushing this matter without the backing of the Ministry of Foreign and Diaspora Affairs at the Cabinet, then I register my disappointment.

The last directions that were given by the Committee, that is (iv), was that the Cabinet Secretary for Interior and National Administration develops regulations to operationalise Compensation of Victims of the Terrorism Fund. Again, those are just regulations. The Compensation for Victims of Terrorism Act was passed after this bomb blast. However, the regulations need to be put in place, so that in the event anything happens in future, we hope it does not, victims can benefit from this Act. Again, Hon. (Prof.) Kindiki has not yet developed regulations as directed by the Senate so that we can put the agenda for the victims of the United States of America (USA)1998 bomb blast on the table. As we seek the help of the USA so that the victims of the 1998 bombing can be compensated, it is shameful that our own Ministries have not done what they are supposed to do.

It is also shameful that even after the directions from the Senate after it met the victims of the bombing, nothing has happened. Cabinet Secretaries have not done their bit in their various capacities and yet, we are here asking the President to go and push the agenda. I pray that in approving these reports, our comments will be taken into consideration and will also include the fact that we are urging the Ministries of Health and Labor and Social Protection; the National Council for Persons with Disabilities, the Cabinet Secretaries in charge of Foreign and Diaspora Affairs and Interior and National Administration, to do the necessary as directed by the Committee.

Mr. Deputy Speaker, Sir, I have had an opportunity to serve as an assistant Minister of Foreign Affairs in the previous Government administration. It is not very good diplomatically. If you are going to ask for help, for example, if your country has had a disaster of any form, you must tell your potential helpers that you have done this, but still, it has overwhelmed you. Therefore, you need their support in this manner.

Just like when we have disasters such as the 1998 bomb blast, the Ministries of Health, Foreign and Diaspora Affairs, Interior and National Administration and Labor and Social Protection should say, what they have done, but are overwhelmed on the question of compensation. So, they are still asking for more so that they can settle the compensation claims. If this is the way we approach this matter, even those people will

be sympathetic of us. However, the risk of being ignored is very high if we go and show that actually, we have done nothing as a nation. We need to ask these various Ministries to do what they are supposed to do, so that we do not embarrass ourselves even as we ask the USA to do its part.

With those remarks, I beg to support. Thank you.

Sen. Munyi Mundigi, proceed.

Asante Bw. Naibu Spika. Naunga mkono Kamati ya Sen. Kavindu. Mimi ni mmoja wa hiyo Kamati. Tulikuwa watu tisa.

Mambo ya ajabu ni kuwa, kama Kamati, tumekutana na Mawaziri wa Labor and Social Protection, Health, Interior and National Administration na hata pia, Mhe. Musalia Mudavadi. Tumetembea hadi mashinani kama vile Machakos na kona zingine.

Ni jambo la kuhuzunisha sana kwa sababu ni miaka 25 tangu hicho kitendo kifanyike. Kama ni ajali au mambo mengine, huwa hayamalizi miaka tatu au nne kama watu hawajafidiwa. Hili ni jambo lililofanywa kwa Serikali ya Kenya na watu wa nje. Ndio maana tunasema ya kwamba, Serikali ya Kenya Kwanza ambayo inafanya kazi na inajali mwananchi, iungane na USA ili hicho kilio cha hao watu kiweze kusikika.

Thank you, Sen. Mundigi. I can hear your very passionate plea for additional budget for the committees.

Sen. Kavindu Muthama, you can reply.

Thank you, Madam Temporary Speaker. I take this opportunity to thank Sen. Maanzo, Sen. Cherarkey, Sen. (Dr.) Oburu, Sen. Chute, Sen. Mungatana and Sen. Mundigi who have been able to contribute to this Motion.

I am very passionate about this Motion and compensation of the victims of the 1998 bomb blast because when you meet them, some are totally blind. They were born seeing just like us, but today, they cannot see and so, they cannot do many things for themselves. They are not even able to work because of the effects of the bomb blast. Others are paralysed on wheelchairs, they cannot even shower on their own. They need help and yet, they have no money or nobody to take care of them.

There is one particular lady whose husband died in the bomb blast and she was also involved in it. She was pregnant and she became totally blind. She has given birth to a daughter who she does not even know how she looks like. As if that was not enough, she was also chased away from her matrimonial home. She lives begging for accommodation. It hurts me when I think of how these people live today. Most of them were working, but cannot work today. The majority of them were sacked because they could not deliver at work. Some worked at a Cooperative Bank and others were teachers. Today, they are jobless and begging for food and even medication.

We met with the Cabinet Secretary for Health and we requested her to provide medication to these people. I received a message yesterday from one Pamela Ouma requesting me to buy her medication because she is paralysed and she has no medication.

Madam Temporary Speaker, even as we seek the amendment of the law from the Senate and the Congress in America to include Kenyan victims in the victims of the state- sponsored terrorist funds, which is not from the taxpayers of America, but the money collected from terrorists, I enlighten this House that the lawyers in America, whom we met with you when we went for prayers, Mussolini, have already sued for some of these victims, about 351 of them. They have been awarded compensation of US$56.6 billion. This money could not compensate these people because Kenya is not included in the terrorist-sponsored fund. That is why we are seeking for the Americans to amend the law to include Kenyans; given that Al Qaeda was not fighting Kenya, but America. We took their bullets and they should be the big brothers that we look upon.

America is known for defending human rights. These are humans who need to be compensated. That is their right. America should take up their role and do the right thing. The American Senate and Congress should amend the law and include Kenyans. I am asking our President and the Prime Cabinet Secretary, and Cabinet Secretary for Diaspora and Foreign Affairs Minister, Hon. Musalia Mudavadi, that as he moves to America, they should talk to them. I was requesting if he could take two or three of us with them on board, so that we can lay our Petition before the Committee, who are ready.

Madam Temporary Speaker, you are aware of this. When we went to America, we met Senator Chris Coons who is ready to sit down with the Committee. However, the Cabinet Secretary for Foreign and Diaspora Affairs has not been able to get us an appointment to meet them. We know that this has to be done diplomatically and through the foreign affairs. If it were in my position, I would do anything to make sure that this is

done. It is not in my position. Therefore, I am asking the President and the Cabinet Secretary for Diaspora and Foreign Affairs to do what is needful. These are our people who sleep hungry and go without medication. I am requesting that what can be done locally be done.

We also have the fund that was formed here in 2012 under the Ministry of Interior and Coordination of National Government. I ask the Cabinet Secretary Hon. (Prof.) Kindiki to organise this fund, so that he can also see what he can do for these victims as we wait for the Americans to compensate our people.

As the Senate, we call these concerned Cabinet Secretaries here to ask them questions; why they have not been concerned about the victims who are our people and yet we are asking Americans to do what is needful. It is our right and theirs. We must do what is needful for these people, so that they can also feel like any other Kenyan. I look forward to the Cabinet Secretary for Foreign and Dispora Affairs and our President doing what is needed for our people.

When I went to America before I came up with this Motion, I met with the lawyers and one of the victims, Caroline Muthoka. They told me whenever they try to advance and reach out to the Senate and the Congress, the lawyers are asked why they fight for them yet the Kenyan Government is quiet on this. I got so mad that I told them once I am back in Kenya, I will do a Motion and they will hear the voice of Kenya speaking and demanding what is rightfully ours. I repeat that Al Qaeda was not fighting Kenya, but America.

America should take their responsibility and compensate Kenyans who are not compensated. They only compensated Kenyans were those who were working inside the American embassy, but not those in the adjacent buildings, who were passing by in buses and cars. We are talking of 6,000 people and 213 are dead. Moreover, those people are not compensated. We are asking America to be the big brother that we look upon. They should amend the law so that our people are compensated.

I submit.

Thank you, hon. Senator. Your plea has been very passionate ever since you started moving this Motion. I hope it sees the light of day someday, so that the bomb blast victims are compensated. I know our colleagues on the other side of the ocean, the Senate in the US will hear this Motion, even as it gets into the HANSARD.

Pursuant to Standing Order No.84 (1) , I hereby make a determination that this matter does not affect counties.

I will now direct that the Order Paper be reorganized. Call out Order No. 19.

Thank you, Madam Temporary Speaker.

I beg to move that the Statutory Instruments (Amendment) Bill, (National Assembly Bill No.2 of 2023) be now read a second time. This is a very important piece of legislation. Brief as it is, it carries with it very important powers of Parliament which have been assumed by other bodies.

Madam Temporary Speaker, on many occasions, I have seen either the Cabinet Secretaries or even state agencies continue to carry on legislations that have the full force of law without consideration of Parliament. This is sometimes even when they have lapsed, without any reference back to the House of Parliament for consideration of the same.

This Bill seeks to cure that anomaly. That is why I like the fact that this Bill is being moved here in Parliament, so that colleagues can have time to debate and share one or two things they think about this process. I have seen on many occasions sometimes newspaper items that erroneously report on the process of consideration of regulations that they have already been approved or not approved, that Parliament has ceded its power by passing a particular Bill.

This is a mother law on all regulations that are supposed to be considered by the Houses of Parliament. Therefore, it is not possible by other subsidiary legislation to take these powers away. Anything that will have the force of law outside there by way of regulation will have to follow the route that will now be dictated by this Bill.

Therefore, the principal object of this amendment Bill is to amend the provisions of the Statutory Instruments Act of 2013, which is to allow the Committee on Delegated Legislation to require the regulation making authority to submit to Parliament a copy of any regulation that ceases to have an effect by operation of law. That is when time lapses, it must come back to both Houses to consider. That is what is being referenced in this Bill.

The amendment further obligates Parliament to notify the general public in two newspapers of wide circulation that a statutory instrument, which ceases to have the effect by operation of law, is a nullity. You must notify the public that this regulation has ceased to operate because of the reasons that have been stated.

Fourthly, as I mentioned, there have been cases where authorities fail to submit regulations to Parliament and such regulations continue to be in force until sometimes Parliament actually either annuls them or recalls those regulations. This Bill will ensure that the regulation making authority submits statutory instruments to Parliament. The

Bill will ensure that nobody exploits the mischief of trying to implement regulations that are null and void, which is the case.

Clause 2 of the Bill more specifically, will be amending Section 11 of the 2013 Act and determines that our Delegated Legislative Committee will require the regulation making authority to submit an instrument to Parliament within seven days of the date of the resolution of the committee. Further, notwithstanding subsections 4 and 5, Parliament may, where a statutory instrument ceases to have effect in accordance with subsection

Sen. Sigei?

I thank you, Madam Temporary Speaker, for giving me the opportunity to second this important Bill that the Senate Majority Leader has moved. As I do that, it is imperative to point out that this Bill is an umbrella to statutory legislations, or rather regulations, which are normally made by either institution and sometimes fail to place them before Parliament for scrutiny. The amendments to the Bill are aimed at very specific aspects of it.

One is to have an opportunity for Parliament to scrutinise such instruments, so that as they are published for purposes of application, by such state organs, state entities or agencies, protection of the public interest is fully taken care of by the Parliament, which is constitutionally mandated to protect the interest of the public. Parliamentary approval and oversight of legislation is a constitutional edict.

The need to have these instruments scrutinised by Parliament is imperative. That is the reason why such regulations, as provided for by the proposed amendments, are to be published by the House. To be very specific as I support this Bill, Clause 2, which

seeks to amend Section 11 of the Statutory Instruments Act, is giving timelines within which such instruments that have been published by either agencies or Government institutions are to be placed before Parliament.

Parliament is thereafter expected to publish them within seven days after the committee has resolved that it has been placed before the House. Why is this timeline very critical? Previously we have had statutory instruments, which have been applied by various state agencies without the input of the relevant committee of Parliament. By extension, they are devoid of the input of the public because the committee of Parliament is deemed to be a representation of the people.

The seven-day period which is given to Parliament to publish is also to make sure that there is no unnecessary delay in the publication and application of the statutory instruments. By the time they are being published, they are supposed to be utilised to ensure that services to the public are within the relevant regulations. So, the proposed amendment under Subclause 2(5) is long overdue and I fully support it.

Secondly, there is a requirement that a statutory instrument that has ceased to be operational must equally be published and the public is notified. Therefore, any other Government agency that would fail to publish a nullified instrument or regulation is illegal. This is another subsequent provision of this particular statutory instrument Amendment Bill.

The proposed amendment under Clause 3 to Section 12 of the Principal Act is very critical. The Act as it is providing that there is no exemption to orders or regulations that are emanating from courts of law. There are three arms of Government including the Legislature, the Judiciary and the Executive. They are independent of one another. This amendment seeks to protect the regulations and orders that are emanating from courts of law as judicial pronouncements from a requirement that they be subjected to parliamentary scrutiny. If they were to be subjected to parliamentary scrutiny, it definitely would go against the constitutional requirement of independence. So, this amendment is very critical in ensuring that the independence of various arms of Government is safeguarded.

Madam Temporary Speaker, the third and critical aspect in respect of this proposed amendment is the proposed amendment to Clause 18. It requires the Clerk of this House and the National Assembly to ensure that a notice is published in two newspapers of nationwide circulation. The reason why it is important is because once a statutory instrument is published in two newspapers of national or wide circulation, it is seen that the public is notified of such a regulation and, therefore, one will not purport to allege that there is a utilization of statutory instruments that have not been subjected to parliamentary scrutiny.

This publication also applies to those that have been revoked because once they are revoked, a revocation must also be published on the parliamentary website, and this is to notify the public of the action that has been undertaken by Parliament.

Lastly, the proposed amendment seeks to amend Clause 24 of the Principle Act. This is to ensure that those people who are in authority or those people who have been donated have the mandate to make statutory instruments, if and when they fail to do so, the Act provides for a penalty for inaction. Also, the penalties have been enhanced from

Kshs20,000 to not less than Kshs500,000 and also a period of three years in prison if a person or an institution that has authority has failed to do so. This is done is to make sure that people or persons in authority do not enhance the norm that we know accounting officers have of just failing to comply with the law because there is no punitive measure. Enhancing this fine from Kshs20,000 to Kshs500, 000, will ensure that the penalty is so punitive that one is not ready to be subjected to the penalty or even to be put in prison for a period of two years for their inability to act as required by the law.

So, I fully support this Bill and ask the Members of this House to support the passage to make sure that whatever statutory instruments that institutions or Government agencies utilize for purposes of service to the public have the scrutiny that is required by law in Parliament and are also fully implemented as per the law.

Madam Temporary Speaker, I support you.

Thank you, Sen. Wakili Sigei.

I now open the Floor for contributions from the Senators.

Sen. Mungatana, you have the Floor.

Thank you, Madam Temporary Speaker, for allowing me to make my contribution to this Bill.

I support the amendment. I say so because I come from the Committee on Delegated Legislation of the Senate, and in fact, I have the responsibility thereof being the Vice-Chairperson.

This amendment is a reminder of the regulations making agencies. These include Cabinet Secretaries, corporations such as the Communications Authority of Kenya (CAK) , and all other regulators who are playing in the space of Government. It is a reminder to them that the law-making process does not belong to the Executive or the authorities that have been set up by law. The law-making process, legislation, and powers belong to the Senate and the National Assembly. When we donate the powers to them for them to make regulations, it is so that they can make those laws that we have made here, the mother laws, effective. This instrument was necessitated by the fact that some of these regulation making agencies would finish with regulations and then forget even to publish to the people.

As the Mover has said, sometimes those regulations have lapsed, but they would continue to apply them, and then the Senate or National Assembly gets to know that a regulation, which is not there, is being applied. We have had a very funny situation because this Statutory Instruments Act says that after 10 years, all those regulations must lapse and must go back for re-enactment. Every regulations making agency must come before the Delegated Legislation committees of the National Assembly and the Senate, so that they can justify why they need an extension of those regulations that have expired. However, the regulations making agencies have become a law unto themselves. They forget that we just donated these powers to them. The power to make law is with the National Assembly and the Senate of

the Republic of Kenya, and that is what the Constitution says. I strongly support this amendment because it is telling them that these powers belong to the Senate and they must do according to the donated powers. They should not try to extend powers that you do not have.

As I conclude, I want to make two quick points. First, regulations making agencies are the Cabinet Secretaries and the statutory bodies that exist there. We encourage them that before they make regulations, before they go publishing, because I know they are listening to me wherever they are, please, come before the Senate Delegated Committee or the National Assembly Delegated Committee. They can go to one and then come to the other.

We say so because, again, that power is not given. Those regulations are donated powers from the Senate and the National Assembly. So, do not rush to the gazette, come for a pre-publication consultation, so that if there is a problem, we will tell that you what you are trying to publish conflicts with the “Mother Act” and the Constitution. Come so that we work together to get efficient working of government. It is never a pleasure for us to reject regulations that you have taken so much time and even expense to gazette. So, I would urge that you come for a pre-publication consultation with the Delegated Legislation committees of both Houses before you gazette.

When you come, there are two things we will require of you. First, we will require the regulations impact assessment report, and second, we will require proof of public participation. Why? Because you have to tell us if it is a regulation for Miraa, who participated in approving. Do not say it is only the farmers. What about the consumers? What about those people who use the roads, who are the stakeholders? Please come so that we talk.

If public participation is insufficient, we will reject those regulations. Even if you have gazetted them, we will degazette them again. You will end up with a zero-sum game. Also, come with the regulations impact assessment report. Those two documents are extremely important, so that you can tell us the impact of the refugee regulations you are proposing, to stakeholders.

We urge all regulations making authorities to come for prepublication scrutiny, so that we can discuss and correct them. Then, when they are exercising the donated power from the Senate and the National Assembly, it can be done in accordance with the law, not the way it has been done in the past, then we have problems.

I want to use this opportunity to talk to the people in the various positions in the Executive and make regulations. They need to remember that this law is reminding them that they are operating on donated power. It is not their power; theirs is to execute what the National Assembly and the Senate have passed. When you are doing these regulations, do them in such a manner that you are in consultation. Do not rush to gazette then we have to annul what you have done.

With those many remarks, I beg to support this Bill. Thank you, Madam Temporary Speaker.

Thank you, Sen. Mungatana. Those were the Senators who wished to contribute to this Bill. I invite the Senate Majority Leader to reply.

Thank you, Madam Temporary Speaker. I beg to reply.

I thank my colleagues who have taken the time to speak on this important Bill. Making their contribution and thoughts on something that I said, though brief, is extremely important to the existence of Parliament as an institution. We take this for granted on many occasions, but it has grave implications if ignored.

Sen. Mungatana, I thank you for your thoughts. Some of the things that you have said are in practice. For example, I know for a fact that our Committee on Delegated Legislation has a meeting tomorrow with the State Department for Housing. This is because, further to the law we passed on affordable housing, there are regulation making powers we gave to the Cabinet Secretary. The State Department is in the state of developing those regulations to govern affordable housing. How do you buy the House and contribute? They have sent the draft to the Committee for their input.

It is also part of the public participation we are talking about. Eventually, when it comes to Parliament, it is already involved as it considers the views of other stakeholders, so Parliament is like an appellate court in this matter. Other stakeholders will come and say, for example, we see the Ministry has proposed the following, but this is what we thought would have been better. Then, Parliament can make the final decision and approve those regulations. Some of the things you are saying are in practice. However, we need to make it the culture. I like that, as I said in my moving note, this is the umbrella law, aligning the Statutory Instruments Act of 2013 to our Constitution and making it alive for people to know that we are in a bicameral legislative environment. There are two Houses of Parliament. There have been instances where regulations are taken to only one House. I have not seen much of that this term, but we have confronted this over the years in the existence of the bicameral Parliament.

I thank my colleagues for taking their time. With those remarks, I beg to reply. In accordance to Standing Order No.66 (3) , I beg to request that the putting of question be deferred to another date.

Thank you, hon. Senator. Putting of the question is deferred to another date as will be scheduled by the Senate Business Committee (SBC) .

I will further direct that the Order Paper be rearranged so that we call out Order No.18.

The Senate Majority Leader, proceed.

Thank you, Madam Temporary Speaker. I beg to move that The Meteorology Bill (Senate Bill No.45 of 2023) be now read a Second Time.

The Meteorology Bill was published in the Kenya Gazette Supplement No.172 of

Thank you, Majority Leader. Proceed, Sen. Mungatana.

Thank you, Madam Temporary Speaker. I rise to second this very important Bill that is before the Senate today.

Recently the President addressed this nation on cyclone Hidaya that was hitting us at the coast. We were all very worried and all efforts were put to make sure our beloved pastime at the beach was stopped. The marine officials and the security agencies prohibited movement within the beach area for the protection of the people because of the expected destructive force that cyclone Hidaya was bringing to the coast.

Madam Temporary Speaker, we, including the entire counties of Lamu, Tana River, Kilifi, Mombasa down to Kwale were all very worried.

I remember we were on that particular day---

Sen. Mungatana, you will have a balance of 18 minutes to conclude seconding the Motion when we resume the next sitting, which is tomorrow.

Hon. Senators, it is 6.30 p.m., time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Thursday, 16th May, 2024 at 2.30 p.m.

The Senate rose at 6.30 p.m.