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THIRTEENTH PARLIAMENT

Fifth Session

Wednesday, 18th February, 2026 at 2.30 p.m.

PARLIAMENT OF KENYA

The House met at the Senate Chamber, Parliament Buildings at 2.33 p.m.

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

PAPERS LAID

THE CLIMATE CHANGE (NON-MARKET APPROACHES) REGULATIONS, LEGAL NOTICE NO.8 OF 2026

The Climate Change (Non-Market Approaches) Regulations, Legal Notice No.8 of 2026.

AUDITOR-GENERAL’S REPORT ON THE COUNTY GOVERNMENTS, COUNTY EXECUTIVES (VOLUME 1) FOR FINANCIAL YEAR 2024/2025

Auditor-General’s Report on the County Governments, County Executives (Volume 1) for Financial Year 2024/2025.

Auditor-General’s Report on the County Governments, County Assemblies (Volume 2) for Financial Year 2024/2025. (To be laid pursuant to the Senate Resolution of Tuesday, 11th November, 2025, on the

Referral of Statutory Instruments and Papers submitted during recess)

ANNUAL REPORT OF THE OFFICE OF THE REGISTRAR OF POLITICAL PARTIES FOR FINANCIAL YEAR 2024/2025

Annual Report of the Office of the Registrar of Political Parties (ORPP) for Financial Year 2024/2025.

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

Report of the Auditor-General on financial statements on Lumakanda County Level 4 Hospital, County Government of Kakamega, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kajiado County Investment Authority for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kilifi County Health Services Improvement for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kilifi Mariakani Water and Sewerage Company Limited for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Municipality of Malindi, County Government of Kilifi, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Bamba Sub- county Level 4 Hospital, County Government of Kilifi, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kilifi County Referral Hospital for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on County Assembly of Tana River Car Loan and Mortgage Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Tana River County Inuka Fund for the year ended 30th June, 2025

Report of the Auditor-General on financial statements on Municipality of Hola, County Government of Tana River, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on City of Kisumu for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Tana River County Emergency Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Tana River County Climate Change Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Tana River County Staff Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Kakamega County Water and Sanitation Company for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Malindi Sub- County Level 4 Hospital, County Government of Kilifi, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Mariakani Sub-County Level 4 Hospital, County Government of Kilifi, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Lamu Water and Sewerage Company Limited for the year ended 30th June, 2025.

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

Report of the Auditor-General on financial statements on Iten County Referral Hospital, County Government of Elgeyo Marakwet, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Tambach Sub-County Hospital, County Government of Elgeyo Marakwet, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Burnt Forest Sub- County Hospital, County Government of Uasin Gishu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Jibana Sub County Level 4 Hospital, County Government of Kilifi, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Municipality of Mtwapa, County Government of Kilifi, for the 18 month’s period ended 30th June, 2025.

Report of the Auditor-General on financial statements on Gede Sub-County Level 4 Hospital, County Government of Kilifi, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kirandich Water Company Limited, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kambu Level 4 Hospital, County Government of Makueni, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kauwi Sub-County Hospital, County Government of Kitui, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Narok County Climate Change Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Eldama Ravine Water and Sewerage Company Limited for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Njoro Level 4 Sub- County Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on NAWASSCOAL Company Limited, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Bahati Sub-County Level 4 Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Mirugi Kariuki Sub- County Level 4 Hospital, County Government of Nakuru, for the year ended 30th June,

1. Report of the Auditor-General on financial statements on Nakuru County Persons with Disability Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Nakuru County Referral Level 4 Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Molo Level 4 Sub- County Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Annex Level 4 Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Subukia Sub-County Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Keringet Level 4 Sub- County Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Gilgil Municipality, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Soin Sub-County Level 4 Hospital, County Government of Nakuru, for the year ended 30thJune, 2025.

Report of the Auditor-General on financial statements on Gilgil Sub-County Level 4 Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Bondeni Sub-County Level 4 Hospital, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kabazi Sub-County Level 4 Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Elburgon Level 4 Sub- County Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Olenguruone Level 4 Sub-County Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Langa Sub-County Level 4 Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Naivasha Sub-County Level 4 Hospital, County Government of Nakuru, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Baringo County Assembly (Members) Car Loan and Mortgage Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Baringo County Lake Bogoria Community Grant for the year ended 30th June, 2025.

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

Report of the Auditor-General on financial statements on Baringo County Co- operative Development Fund for the year ended 30th June 2025.

Report of the Auditor-General on financial statements on Marigat Sub-County Level 4 Hospital, County Government of Baringo, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Eldama Ravine District Level 4 Hospital, County Government of Baringo, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Chemolingot Sub- County Level 4 Hospital, County Government of Baringo, for the year ended 30th June,

1. Report of the Auditor-General on financial statements on Baringo County Referral Hospital, County Government of Baringo, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kabartonjo Level 4 Hospital, County Government of Baringo, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Mogotio Sub-County Level 4 Hospital, County Government of Baringo, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kabarnet Municipality, County Government of Baringo, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Baringo County Climate Change Fund, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Baringo County Assembly (Staff) Car Loan and Mortgage Fund, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Chemususu Water Company Limited, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Narok Water and Sewerage Services Company Limited for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Narok County Referral Level 4 Hospital, County Government of Narok, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Tana Water and Sanitation Company for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Ewaso Ng’iro South River Basin Development Authority for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Nthongoni Level 4 Hospital for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kitui County Referral Level 4 Hospital, County Government of Kitui, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Londiani Sub-County Level 4 Hospital, County Government of Kericho, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Nyangena Level 4 Hospital, County Government of Nyamira, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kabianga Tea Farm Company Limited, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kehancha Sub-County Hospital, County Government of Migori, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Litein Municipality, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kericho County Executive Staff Mortgage Scheme Fund, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Suba North Sub-County Hospital, County Government of Homa Bay, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Nyacheki Level 4 Hospital, County Government of Kisii, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Kegonga Sub-County Hospital, County Government of Migori, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Nduru Sub-County Referral, County Government of Kisii, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Kisumu Water and Sanitation Company Limited, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Sigowet Sub-County Level 4 Hospital, County Government of Kericho, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Esani Level 4 Hospital, County Government of Nyamira, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Gesusu Level 4 Hospital, County Assembly of Kisii, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Ntimaru Sub-County Hospital, County Government of Migori, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Ongo Sub-County Hospital, County Government of Migori, for the year ended 30thJune, 2025.

Report of the Auditor-General on financial statement on Oyani Sub-County Hospital, County Government of Migori, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Masaba District Hospital – Level 4 Hospital, County Government of Nyamira, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Kijauri Level 4 Hospital, County Government of Nyamira, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Fort Ternan Sub-County Level 4 Hospital, County Government of Kericho, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Ekerenyo Level 4 Hospital, County Government of Nyamira, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Kericho Water and Sanitation Company Limited, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Lunga Lunga Sub- County Level 4 Hospital, County Government of Kwale, for the year ended 30th June,

1. Report of the Auditor-General on financial statement on Msambweni County Referral and Teaching Hospital Level 5, County Government of Kwale, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Kwale Sub-County Hospital, County Government of Kwale for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Likoni Sub-County Level 4 Hospital, County Government of Mombasa, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Migori Water and Sanitation Company Limited for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Port Reitz Sub-County Hospital, County Government of Mombasa, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Tudor Sub-County Level 4 Hospital, County Government of Mombasa, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Kinango Sub-County Level 4 Hospital, County Government of Kwale, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Mombasa Water Supply and Sanitation Company Limited for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Mwatate Sub-County Level 4 Hospital, County Government of Taita Taveta, for the year ended 30th June,

1. Report of the Auditor-General on financial statements on Tavevo Water and Sewerage Company Limited, County Government of Taita Taveta, for the year ended 30th June, 2025. I beg to lay.

NOTICES OF MOTION

DECLARATION OF ROAD ACCIDENTS AS A NATIONAL DISASTER

Sen. Veronica Maina: Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion-

AWARE THAT, Article 43 guarantees the right to the highest attainable standard of health, including emergency medical treatment and Article 21(1) of the Constitution obligates the state and all state organs to observe, respect, protect, promote and fulfil the rights and fundamental freedoms contained in the Bill of Rights;

NOTING THAT, Article 238 of the Constitution provides that national security includes the protection of the people of Kenya and their property against internal and external threats, which encompasses safety on national transport networks;

COGNISANT THAT, road traffic injuries are among the leading causes of death in Kenya and constitute the leading cause of mortality among adolescents and adults in their most economically productive years, surpassing many communicable and non-communicable diseases, resulting in significant loss of human capital and productivity;

NOTING THAT, in 2025 more than 4,400 Kenyans lost their lives, with over 17,000 injuries from road crashes, a 3 per cent increase over the previous year, while nearly 400 people were killed in road traffic accidents in January 2026 alone, representing an 11 per cent increase compared to the same period in the previous year, illustrating a continuing trend of preventable loss of life;

CONCERNED THAT, beyond loss of life, road traffic accidents result in long-term disability, psychological trauma, family disruption and significant economic loss, with estimates suggesting losses amounting to billions of shillings

annually to the national economy, while placing severe strain on health facilities and emergency services;

FURTHER CONCERNED THAT, despite the existence of the National Road Safety Action Plan (2024–2028) and other statutory measures, road carnage persists due to preliminary causes including overspeeding, impaired and distracted driving, non-compliance with traffic laws, inadequate driver training, unsafe road infrastructure, unroadworthy and overloaded vehicles, as well as systemic challenges arising from inadequate investment in road safety infrastructure, weak coordination among transport, enforcement, health and county authorities, and limited emergency medical response capacity;

NOW THEREFORE, THE SENATE resolves that:

1. Road traffic accidents in Kenya be declared a national disaster, requiring urgent, coordinated and sustained multi-sectoral intervention across prevention, emergency response, rehabilitation and long-term systemic reform;
2. The Ministry
3. The Ministry
4. The National Treasury of Roads and Transport and the Ministry of Health in of Health, in collaboration with the county governments, is in collaboration with the Ministry of Roads and

ADOPTION OF REPORT ON PETITION ON PEOPLE LIVING WITH INVISIBLE DISABILITIES

QUESTIONS AND STATEMENTS

STATEMENTS

PROTECTION OF CHILDREN FROM VIOLENCE AND EXPLOITATION

1. The murder of Eliza Wamaitha, a three-year-old whose body was found in a borehole in Maragwa, Murang’a County; (ii) The murder of Tamara Blessing Kabura, a seven-year-old girl who was abducted, raped and killed in Nyeri Town, whose body was found buried inside the residence and a suspect was subsequently arrested; and (iii) The murder of Tabitha Wanjiru Macharia, an eight-year-old girl from Mbombo Village, Ol Joro Orok Constituency, Nyandarua County, who was reported missing after leaving school and later found dead, showing signs of assault. (iv) In Mlolongo, Machakos County, a mother allegedly poisoned her three young children, a four-year-old boy and a one-year-old twin girl, resulting in their deaths;
2. In Kikuyu Kiambu a mother is suspected to have killed two siblings, a seven-

implementation, a weak reporting mechanism, inadequate coordination among duty- bearers, and a delayed response to children at risk.

Kenya's obligations under the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child require the state to take effective legislative, administrative and social measures to protect children, with the best interests of the child as a primary consideration in all actions.

In light of these incidents and with particular concern regarding rising violence against adolescent girls and risks affecting children via online platforms, we call upon the actors to urgently take decisive policy, legislative and administrative actions, as follows-

1. strengthen and adequately resource community-based child protection systems, including Nyumba kumi structures, local administration, faith-based institutions, and Community Health Promoters (CHPs) to support early identification, reporting, and timely intervention for children at risk, and enable identification of potential child predators;
2. establish and enforce mandatory national rapid response protocols for missing children requiring immediate action by the NPS, real-time inter-agency coordination and clearly defined timelines for investigation;
3. operationalise and integrate national child protection data, and case management linking relevant ministries, county governments, the NPS and Judiciary to enhance information sharing, case tracking and accountability;
4. enforce strict accountability for duty-bearers, including administrative, disciplinary, and criminal consequences for negligence or failure to act by officers and institutions mandated to protect children;
5. reinforce and increase budgetary allocations for child protection services at both national and county levels, including safe shelters, psycho-social support, child- friendly police units and forensic capacity;
6. strengthen law enforcement and judicial response through child-sensitive investigations, fast-tracking of cases involving violence against children, and survivor- centered approaches that deliver timely justice while minimizing detraumatisation; and,
7. institutionalise continuous public awareness and parenting education programmes, strengthening parliamentary oversight on the implementation of the Children's Act 2022, and develop a time-bound, costed national action plan to aid violence against children with clear targets and accountability mechanisms across all levels of government. Mr. Deputy Speaker, Sir, I further urge relevant agencies to conduct a thorough, impartial, expeditious investigation into these incidences to ensure that justice is pursued and served without fear or favor. The protection of children is a shared national responsibility. Let the tragic loss of Shantel Waruguru, Eliza Wamaitha, Tamara Kabura, Tabitha Wanjiru Macharia and all other children whose lives have been brutally cut short serve as a solemn call to action, compelling us to strengthen our laws, institutions and community vigilance to ensure that no child in Kenya is left unprotected. May the soul of these children rest in eternal peace. Thank you.

Next is Statement pursuant to Standing Order No. 53 (1). Sen. Seki Lenku Ole Kanar.

KAJIADO COUNTY STATUTORY DEDUCTIONS PAYMENT SCHEDULE

1. A detailed breakdown on areas related to all statutory and non-statutory deductions made by the County Government of Kajiado from employees' salaries over the last two years: Financial Year 2024/2025 and 2025/2026, including contribution to CPF, the Local Authority Pension Trust (LAPFUND), Savings and Credit Cooperative Society (SACCO), commercial bank and other financial institutions in respect of loan payment and Pay As You Earn (PAYE).
2. A schedule from the respective institution, including the total amount deducted monthly, the total amount remitted, supported by evidence of bank transfer, the standing arrears per institutions and deductions votes and durations for which such arrears have remained unpaid during the last two years.
3. Reasons for any delays or non-remittance from the County Executive on the deducted funds over the said period, including whether the funds were diverted or appropriated for other purposes.
4. Any penalties, interests or sanctions that may have accrued as a result of delayed remittances and the current financial exposure to the County Government of Kajiado arising therefrom.
5. Measures the County Government of Kajiado has put in place to clear all outstanding arrears, ensure timely and automatic remittances of statutory deductions

going forward and safeguard county employees from adverse consequences arising from the delayed remittances.

INTERVENTIONS ON THE THARAKA-NITHI COUNTY WATER CRISIS

1. the immediate measures in place to provide emergency water supply to communities affected by the drying up of River Ura, River Rurikunu and River Thangata, including whether alternative sources of the temporary water supply systems have been identified, including the corresponding implementation plan and the timelines;
2. measures being taken to ensure fair and equitable distribution of available water resources in the affected areas, including enforcement actions to investigate and curb diversion of water to private farms and the timelines for these resolutions; and,
3. mechanisms in place for community reporting and accountability in water service delivery in the county and the measures being undertaken to promote sustainable water harvesting and storage to address future water scarcity. Thank you.

CONFLICT BETWEEN FARMERS AND HERDERS AT WITU-NYONGORO RANCH

Preliminary indications by police and veterinary officers suggest possible poisoning and exposure to toxic substances.

In the statement, the committee should address the following-

1. The status of investigations into the report on the livestock deaths, including the agencies handling the investigations and the expected timelines for conclusions and action.
2. The mechanisms and timelines for compensation and other relief to affected livestock owners arising from the incident. Thank you.

DEATH OF CAGED FISH IN LAKE VICTORIA

1. The nature and magnitude of the incident, including the affected areas, estimated losses and findings on the causes.
2. The intervention undertaken by the national Government and the Kisumu County Government to mitigate losses and offer support to affected fishermen.
3. The measures in place to monitor fish health, regulate cage farming and prevent recurrence of similar incidents.
4. The long-term plans to safeguard Lake Victoria's aquatic ecosystem and protect fishing livelihoods in Kisumu County. Thank you, Mr. Deputy Speaker, Sir.

ALLOCATION AND DISBURSEMENT OF THE COMMODITIES FUND FOR COFFEE COOPERATIVE DEBTS

county's economy and livelihoods. This glaring exclusion raises serious concerns regarding the criteria applied, fairness of the process and whether eligible cooperatives are subjected to an objective and uniform assessment.

In the statement, the committee should address the following-

1. The eligibility and selection criteria used to identify beneficiaries, coffee cooperatives and counties and the process through which the assessment, approval, and disbursement decisions were made.
2. The current status of the Commodities Fund Program for coffee debts clearance, including the total amount allocated, disbursed to date and the list of beneficiary cooperatives and counties with corresponding amounts.
3. The reason Kirinyaga County was excluded from the allocations, including whether the coffee cooperative's accounts were assessed and if so, the outcome and justification for non-allocation.
4. Whether all indebted coffee cooperatives nationwide were subjected to the same objective assessment and verification process and if not, the measures the Ministry is taking to ensure fairness, equity, and transparency in the programme.
5. The measures being taken to remedy the apparent imbalance, including whether the Ministry intends to review the allocations and provide for the inclusion of eligible coffee cooperatives in Kirinyaga County in subsequent disbursements with clear timelines.

RISING MATERNAL DEATHS IN SAMBURU COUNTY

1. The exact number of maternal deaths recorded in Samburu County for the last three years, identify the facilities where they occurred, state the medical causes of death and confirm whether each case was reviewed under the Maternal and Peri-natal Death Surveillance and Response Framework and its recommendations implemented.
2. Process to approve staffing establishment and the actual number of obstetricians, doctors, clinical officers, midwives, anaesthetists and laboratory staff available in each maternity facility and establish whether 24-hour skilled birth attendance is provided in all sub-county hospitals.

1. Whether Suguta Level
2. The number of ambulances assigned to each sub-county, their operational
3. The specific actions taken following maternal death reviews, including

4 Hospital and other sub-county hospitals have

My Communication is on substantiation of facts that a Senator alleges to be true pursuant to Standing Order No. 105 concerning Sen. Samson Cherarkey, MP.

Sen. Faki, can you have that seat next to you?

COMMUNICATION FROM THE CHAIR

SUBSTANTIATION OF FACTS BY SEN. CHERARKEY, MP

Hon. Senators, as you may recall, at the sitting of the Senate held on Tuesday, 17th February, 2026, the Temporary Speaker, Sen. Wakili Sigei, MP, directed Sen. Samson Cherarkey, MP to substantiate utterances made while seconding the Motion on the approval of Sen. Kiprono Chemutei Chebilet, MP to serve in select committees of the Senate. That direction was a result of a point of order by the Senator for Kitui County, Sen. Enock Wambua, MP, pursuant to Standing Order No. 105.

As hon. Senators are aware, Standing Order No. 105 states that:-

1. A Senator
2. If a Senator has sufficient reason to convince the Speaker that the Senator is shall be responsible for the accuracy of any facts that the Senator

Sen. Mwaruma, you can have the seat next to you. Hon. Senators, in the point of order, Sen. Cherarkey, MP, was required to substantiate the statement- “we are facing issues of extrajudicial killings.” There is a young man called Ayomo who was unfortunately killed in Kitengela over the weekend.

I urge our colleagues who organise political rallies, because I can see a number of them in this House, not to sponsor violence in their own meetings. They need to notify the police in good time. They should issue notifications and stop sponsoring violence in their own meetings.”

Hon. Senators, upon being challenged by Sen. Enock Wambua, Sen. Cherarkey was not able to substantiate his statement as required pursuant to Standing Order No.105(1). He subsequently requested the Temporary Speaker, Sen. Wakili Hillary Sigei, to provide evidence at the next sitting in accordance with Standing Order No.105(2). Having acceded to the request, the Temporary Speaker, Sen. Wakili Hillary Sigei, directed that the Senator substantiates the statement at the next sitting day.

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

I thank you. Sen. Cherarkey, proceed and substantiate.

Order, Hon. Senators. Order. I do not need any assistance from anybody. I am equal to the task to handle the matter before me.

So, first, you have information and documents that you want to table.Secondly, you want to be guided by the Chair on how to table classified information. What is classified information? Is it in your brain, or do you have it on record? Is it on video or documents? Or do you want to appear before a certain panel so that you can give the classified information?

The Standing Orders do not give guidance on how classified information is tabled before the House.

1. There are a number of them where the police have also been attacked. This includes 29th October, 2025, among others.

Really? Are we a House of respect when a Member blatantly violates the rules then gets away in the manner in which he has because the Standing Orders say so? There are no Standing Orders that say I cannot speak in funerals or birthday parties. You cannot punish me because you do not have jurisdiction over me when I am in a funeral. How is it possible that, that can happen in that House? The spectacle we have seen here can happen in the Senate.

Mr. Deputy Speaker, Sir, with all due respect, I think it is an insult to Members, especially those of us who witnessed the violence in Kitengela, that somebody can do this then you allow him off with a slap on the wrist.

We have every right not to sit here and listen to Sen. Cherarkey. For him to abuse this hallowed House, it is very unfortunate.

Please, it is not possible. You see I am trying to listen to the Senator for Nairobi, Sen. Sifuna, the Deputy Minority Whip. Before I finish with him, you are heckling on this other side. Why should you do that?

Sen. Sifuna, the Senator for this gracious city, what I was saying is that we have Standing Order No.105(2). If a Member refuses to substantiate, they should withdraw and

apologise. What else should I do to a Member because we are using these Standing Orders? Can we change them to allow other punishments to Members?

I was not soft to him. I think we should make progress, hon. Senators, because we had already dispensed with that matter.

Sen. Cherarkey, you can now read your Statements.

MATATU-BODA BODA DISPUTE IN NAIROBI CITY

1. The current status of investigation into the violent incidents against matatu operators by boda boda operators, including the agencies leading the inquiry and measures being taken to ensure accountability.
2. The immediate actions implemented to protect matatu operators, commuters and boda boda riders from further attacks and disruptions and details of any formal communication issues by the Ministry of Roads and Transport in collaboration with the Ministry of Interior and National Administration to inform the public on the steps taken to resolve the dispute between matatu and boda boda operators.
3. Existing mechanisms regulating boda boda operations, the effectiveness of these measures in preventing lawlessness and violent confrontations and current transport policies being enforced to ensure accountability and fairness, including identification of any regulatory loopholes requiring reforms;
4. The extent to which the conflict reflects deeper governance and regulatory gaps within the public transport sector, as well as economic and social impact of the disputes on commuters, including fare hikes and transport disruptions; and,
5. Details on the safeguards being established to prevent future strikes and promote peaceful coexistence between matatu and boda boda operators, steps to restore

public confidence through dialogue and oversight mechanisms and recommendations to strengthen regulation, accountability and inter-agency coordination in the transport sector.

Mr. Deputy Speaker, Sir, allow me to read my second statement.

USE OF POLICE IN PROPERTY SEIZURE AND DEBT RECOVERY

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of national concern regarding involvement of police officers in seizure and reposition of property from defaulting debtors and their guarantors. In the statement, the committee should address the following-

1. The current status of investigation into the occurrences of 16th and 17th January, 2026, where police officers from Mosoriot Police Station in Chesumei Sub- County, Nandi County, raided homes of some residents of Mosoriot Village and seized their dairy cows on account of defaulted debt obligations.
2. Whether the involvement of police officers in the matter was lawful, and if not, obtain information on disciplinary actions taken against the concerned officers.
3. the number of similar incidents that have been reported by members of the public to the NPS and Independent Policing Oversight Authority (IPOA), as well as the findings of investigations into each case.
4. Measures in place to prevent misuse of authority by police officers particularly in relation to civilian debt recovery matters, including details on the enforcement mechanisms supporting such measures. Mr. Deputy Speaker, Sir, allow me to read my final Statement.

REGULATION OF INTERNATIONAL SCHOOLS IN KENYA

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Education on a matter of nationwide concern regarding regulation of international schools in Kenya, with particular attention to the operations of Ecole Française de Runda also known as Chavda Educational Holdings Limited.

While Kenya welcomes international investment in education, institutions must not operate outside the law. The Ecole Française Runda has been accused of serious violations that undermine the country's education system and regulatory framework, including operating from a residential property at Kikwa Farm without proper authorisation, thereby exposing children to unsafe learning environments.

The School is alleged to have engaged in immigration malpractice by hiring foreign nationals on tourist visa instead of valid Class D work permits, sidelining qualified Kenyan teachers and has reportedly committed financial irregularities by deducting statutory contributions such as National Social Security Fund (NSSF), Housing Levy Fund and Social Health Fund (SHA) from staff salaries without remitting them to the relevant authorities.

Academically, Ecole Française Runda is accused of expanding into secondary education without Ministry of Education approval, falsifying student assessments and fostering a toxic environment that has prompted the withdrawal of over 30 students. Its lack of accreditation by Agence pour l'enseignement français à l'étranger (AEFE) questions its legibility as a French international school.

Mr. Deputy Speaker, in the statement, the committee should address the following-

1. Whether Ecole Française Runda
2. Measures in place to regulate international schools and prevent their
3. Whether teachers employed at Ecole Française Runda possess valid
4. Steps being taken to audit the School's financial practices, including
5. Measures being taken to address allegation of political or diplomatic is legally authorised to operate and

FP-ICGLR ELECTORAL OBSERVATION MISSION TO UGANDA

provided valuable insights into the state of preparedness, opportunities and challenges surrounding the electoral process.

The mission observed that the Electoral Commission of Uganda (ECU) implemented its electoral roadmap largely as scheduled, including voter registration and verification

exercises, civic and voter education programmes and the stakeholder consultations. The use of biometric voter verification technology implemented by facial identification features was noted as a positive step towards enhancing electoral integrity.

The campaign environment was generally calm compared to previous electoral cycles, though concerns were raised by stakeholders regarding unequal campaign conditions among political players, the absence of comprehensive campaign finance regulation, misuse of state resources and the role of security agencies in political parties. The prevalence of misinformation, disinformation, and hate speech, particularly on digital platforms, was also highlighted.

Mr. Deputy Speaker, Sir, on the polling day, observers were deployed to various polling stations, particularly within Kampala City. The mission observed the opening, voting, closing and counting processes. While most polling stations experienced delayed opening due to logistical and technical challenges, including malfunctioning biometric kits, voting proceeded in a peaceful, orderly and transparent manner.

Polling officials generally demonstrated adequate knowledge of procedures and the secrecy of the ballot was respected. The presence of security personnel at polling stations contributed to overall order, though in some instances, their proximity to voting areas was perceived as potentially intimidating.

Political party agents were present in most polling stations observing and counting. Telling at polling stations were conducted in accordance with established procedures, with results verified and signed by party agents.

The mission noted the active participation of women, youth and persons with disabilities (PWD) as voters and elections officials. However, it also observed structural challenges limiting their full participation as candidates, particularly the absence of women presidential candidates, underscoring the need for continued reforms to promote inclusivity and gender equality.

Mr. Deputy Speaker, Sir, the mission emphasised that elections are not a single- day event but a process. Accordingly, the credibility of the 2026 General Election in Uganda rests not only on polling day but also on the broader legal, political and institutional environment.

The mission encouraged all stakeholders to utilise established legal mechanisms for dispute resolution and to uphold peace, tolerance and respect for the rule of law.

As a region, our democracies are interlinked and the stability and credibility of elections in

one-member state have implications for peace, security and development across the region. I wish to commend the people and the Government of the Republic of Uganda for their cooperation and hospitality and to reaffirm Kenya's commitment

to regional democratic norms, peaceful elections and parliamentary diplomacies.

I thank you.

Two, I want also to contribute on the regulations of the schools, especially, international schools. Generally, what is happening today in Kenya, especially in Nairobi, is that there are too many schools that are coming up. Sometimes schools are established in high-rise buildings where even the learners are at risk. We need to have better regulations for schools. Classrooms are in funny places and there is no place for students to play.

who is in charge of transport to come and recall what the Government has done in the past to create proper order, so that the same or better measures can be made to secure motorists and bring a good culture amongst the boda boda operators.

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

Mhe. Spika, ni vibaya na kama Taasisi hizo haziwezi kufanya kazi zinafaa zivunjiliwe mbali...

robust Ministry of Education and very competent staff who are able to accredit, license and authorize schools to operate in the Republic of Kenya.

Mr. Temporary Speaker, Sir, this can turn out to be a very serious financial scam because when it comes in the name of an international institution that is supposed to be rolling out a curriculum, you know the kind of school fees they will be charging the students. It is shocking that it is operated so unprofessionally and unethically that even the statutory deductions for the workers are not remitted to the relevant authorities. I would urge the Committee to take this matter very seriously and, in a few days, give a report to this House that they have visited the premises in Runda to ensure that this is not happening.

Why would a school of international repute even position itself within Runda, the leafy suburbs of the Republic of Kenya? That is very hideous and wrong. The Cabinet Secretary for Education needs to account on what this institution is doing in Kenya and how safe those children are. Are we then not going to have an issue with those children being exposed to other targets and being targets for different interests beyond education? We hope the Committee will deal with this matter with the urgency that it deserves.

am not holding a brief for that school, but I am just being cautious that we need to be factual in our findings in this Senate.

Thank you, Mr. Temporary Speaker, Sir.

Omogeni.

were very insensitive when they hiked water prices. It is very unfortunate. Some of these challenges in the water sector need to be addressed once and for all.

Mr. Temporary Speaker, Sir, I support the Statement.

Magavana wa taifa letu la Kenya na viongozi wote, tuko na jukumu na sio la kisheria peke yake, bali la utu na ubinadamu. Kuona tunaweza kuungana na kuwa na sauti moja ili mama ambaye amebeba mtoto wake miezi tisa anamzaa mtoto huyo salama.

Bw. Spika wa Muda, ningependa kuongeza changizo langu katika hoja ya maombi ya Seneta Shakila kutoka kule Lamu kuhusiana na yale maafa ya ng’ombe 20 waliouwawa kwa sababu ya vita baina ya wafugaji na wakulima. Ningependa ombi langu limfikie Waziri wa Usalama wa Ndani, hala hala.

Maana, visa hivi vitaongezeka wakati siasa imepamba moto na badala ya ng’ombe hamsini kufa, tutaona maisha ya watu yakipotea. Ningependa kuona Waziri amefika katika maeneo hayo na kuleta suluhu. Hata machifu na Deputy County Commissioners (DCCs) wako na uwezo.

BILL

Second Reading

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

MOTION

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

THAT, the Senate adopts the Report of the Mediation Committee on the Coffee Bill (Senate Bills No. 10 of 2023), laid on the table of the Senate on Thursday, 4th December, 2025, and that pursuant to Article 113(2) of the Constitution and Standing Order No.167(3) of the Senate, approves the mediated version of the Bill.

(Motion deferred)

BILL

COMMITTEE OF THE WHOLE THE COUNTY LIBRARY SERVICES BILL (SENATE BILLS NO.40 OF 2024)

BILL

Second Reading

THE ELECTRONIC EQUIPMENT DISPOSAL RECYCLING AND REUSE BILL (SENATE BILLS NO.5 OF 2025)

1. g. lead, dioxins and mercury are all injurious to human life. This Bill, if passed, will give a legal instrument to provide for safe, regulated handling and disposal of e-waste. The Bill will provide for a framework for an environmentally sustainable disposal, recycling and reuse of e-waste. It will also establish a national e-waste recycling plant and it will also establish e-waste sorting sites and consolidation sites for connected purposes. This Bill seeks to provide for a sustainable environment, compliant mechanisms for disposal, recycling and reuse of electronic equipment. Mr. Temporary Speaker, Sir, if you go to households and imagine how many laptops and mobile handsets that we keep in our houses that need to be disposed and how many medical equipment in our hospitals need disposal and proper management, you will

realize that this Bill is long overdue. It is required as we get into the e-management of life, not just in waste, but because we have gone e-technology in the management of everything. This is therefore why the e-waste management Bill is timely and needs to be adopted in our country so that we move with the rest of the world in managing and recycling our e-waste.

This Bill seeks to improve the health of all Kenyans by proper collection and disposal of e-waste. It will also address creation of employment in the green economy in e-waste management. It will also address zero waste principle in e-waste as a resource to be harnessed for wealth creation and reduction of pollution. The national Government will have its role to develop policy on e-waste management in consultation with county governments and the Council of Governors (COG).

The national Government will classify e-waste. It will also ensure adherence to international obligations in regards to e-waste management. The national Government will develop standards and guidelines on health measures. It will conduct periodic reviews and monitor the whole of e-waste value chain.

Mr. Temporary Speaker, Sir, this Bill seeks proper management of a potentially multi-billion economy in relation to e-waste. The national Government will do the licensing of the national e-waste recycling plants and conduct e-waste education and public awareness. The county governments will establish e-waste sorting sites, including a buffer zone.

The Bill seeks to establish ward consolidation sites and the county governments will do licensing at the county level.

The counties will establish and enact the county-specific legislation, setting out the framework for e-waste management in their specific counties.

The concerns of the county governments, as provided in Article 110 of the Constitution, regarding the disposal and recycling of solid waste, because e-waste is a form of solid waste.

It also addresses Part II of Schedule IV, that county governments to provide for county health services, including refuse removal, management of dump sites, and solid waste disposal.

This Bill will address the whole value chain of e-waste management. At the moment, we have gaps in such legislation that I experienced, and it is time that we bring to life a proper management of the e-waste industry because it is a huge industry, not yet managed, not yet without a legal framework for operation.

The Cabinet Secretary will have a role to play. They will determine and impose levy rates, charges, dues, or fees for any services performed under this Act. They will advise on the management control and administer assets and for such purposes as, best to promote the purposes of this Act.

The relevant CECM in the county will advise the governor on the management of the e-wastes and on the various policies that are required at the county level.

There will be collection, transportation and recycling of e-wastes and laws governing persons who will generate e-waste in Kenya, designated at ward consolidation sites, and there will be laws to govern the licensing of such persons or companies.

There will also be penalties that will be imposed on non-adherence to this law. This law is timely. I urge Members of this House to support this Bill because it will

revolutionize our management of e-waste recycling of the same and even the benefits that will accrue from the e-waste industry.

Mr. Temporary Speaker, Sir, I move. I request Sen. Mungatana to second. I thank you.

waste from the normal biodegradable waste. Governors across the counties will be forced to have regulations and systems of garbage collection that will separate e-waste from the normal biodegradable waste that does not harm the environment like I have demonstrated for e-waste.

This law is critical because of the world we are going into. We are going to live in Artificial Intelligence (AI) world. Very soon, you will have to identify yourself saying that you are a real person and not a robot or a bot. It is already happening. When you do your work on the internet, it keeps on asking whether you are a bot or a real human.

Our grandchildren are going to live in a world where there will be people who look real. I saw it. There are people who look real and even talk to you. In fact, they keep you company. They are already being used to keep old people company in homes. They are being used to give them services when they are sick. When gadgets get old and are not usable because a new technology has come, what do we do? That is why we require this law and regulations.

This is a good law that we are proposing before the Senate. I urge Members who will stand to speak to this law to support it and add what they think needs to be added.

What Sen. Peris Tobiko has done is revolutionary because it is keeping with the times. We need laws like this so that we can tackle the new realities we are living with in the new world that is with us now, where you go to a restaurant or a hotel room and ask for a service and you are served by a robot. What happens to those robots when they get old, malfunction or are past usability?

This law is very timely. Some of the proposed clauses speak to requirements for licensing and standards. We do not want people to buy electronics that will last for one or two months then you have to throw it away and buy another one. We have to have a regulatory system that will allow for long-lasting equipment so that we do not have too much degradation of the environment.

We want to have a system where those who produce equipment are given extended producer responsibility, so that as they produce those items, they are also given the responsibility to teach consumers how to keep and manage once it becomes waste.

We also need import controls. Let us not allow what has been discarded in the European, Chinese or American markets. Let us not have items come into this country cheaply. Let us avoid situation where we shall be dumping cheap electronics into our country.

This law sets the pace and the beginning. It starts asking us those hard questions; how shall we recycle and reuse? Instead of buying a new gadget, why not fix the one that you have? Instead of falling for marketing gimmicks of, for example, the latest iPhone or android while your phone is still working, why buy a new one? We need to create the culture also. This law seems to be speaking to issues that will help us.

Part III talks about collection, transportation and recycling of e-waste. In most countries where awareness is high, you will find a dustbin with a place for biodegradable and non-biodegradable waste like plastics and such kind of stuff.

The national Government will have to set regulations under this law that will separate and help in collection of e-waste so that it can be placed in a proper place. Governors will have to designate and gazette places where e-waste will be put so that it is properly disposed.

Recently, we were looking at the law and the whole question of production sharing contracts in Turkana. In the oil and gas industry, they say no water, no oil. We came to discover from the experts that for you to extract oil down there, you have to pump a lot of water because apparently the oil is embedded in a particular type of rock. Therefore, you have to pump water at high speed. Since water is denser than oil, oil will come up. Eventually some water will come up from the ground.

They told us that the water that God put under there is not good for up here. Therefore, it should be disposed of. It is called produced water. You need to treat before you release it to the environment. They told us that there are elements such as lead and mercury that mix because oil is underground. There are chemicals that are used for making these gadgets but some of them are not supposed to be on the ground. They are supposed to be hidden down there.

We had a chance to visit some space exploration centre in Beijing. When they show you the soil from the Moon, they tell you to be very careful not to touch because they do not know what kind of elements are there.

They could be bad to the human body, so do not touch, just look at it from a far and leave it there in an enclosed place. What am I saying? I am saying that there are foreign elements that are not supposed to live within 37 degrees Celsius, which is the temperature of where we live. They are not supposed to live on top of the ground. However, we require them to create these gadgets that are used here in Nairobi and in a place such as Tana River where people think that they will just use and when done, throw them away where the land is so big that they will never be affected.

Mr. Temporary Speaker, Sir if some of this equipment is not properly disposed of, they become carcinogenic. I urge colleagues who will speak to this Bill to support it and add to it where they feel something lacking. Let us introduce amendments that enrich this Bill and ensure it sees the light of the day very quickly; take it to the other House and have it signed into law before the end of this Fifth Session. This will ensure that this Senate lives with the history that we were amongst the first people to bring protection of e-waste in Kenya.

With all those many remarks, I urge my colleagues who will speak to this Bill to support it.

I beg to second. Mr. Temporary Speaker, Sir, thank you.

is a way they dispose the fridges, televisions and phones. They have even trained people on how to do it.

How do we do it here in Kenya because if you have a television set, you have a small remote? We no longer use the torch batteries as much because of the introduction of the solar energy in the world now. Even the small batteries in the remote control have a lot of mercury yet, when people are changing the batteries, they just throw them in the dustbin. You can imagine how many of these batteries end up in our waste in the eastern part of Nairobi where people have to go and sort them out.

When these batteries are exposed to the sun, they burst out or rot as they emit lead and mercury, very poisonous substances that cause cancer. This goes a long way into protecting young children and many Kenyans from getting cancer. When these things are disposed anyhow, they disintegrate and when it rains, they go into rivers, oceans and the lakes affecting the same fish that we later consume. Before long, we are in hospitals either here in Kenya or abroad, which is very expensive for the country.

This Bill is going to be very important. We also have no policy of disposing the lead batteries that we use in the cars. With the new development of solar energy, we are also using these batteries in homes in many parts of the countryside. In fact, when I go to change my battery in one of these service stations, the workers ask me to give them the old battery so that they can send it home to be used by their mother for solar. I gladly give them. However, how is the old lady in the village going to dispose off that battery when it can no longer be used for solar purposes? It has lead, acids and many other chemicals. At some point, all these materials have to be dealt with professionally.

We also have the problem of asbestos. In America, they are suing the government and in fact, a fund has been set aside for anybody who is poisoned by asbestos, especially, if you get cancer as a result and you can prove it, then you are compensated even though, cancer is deadly and if it is not discovered early enough, then that person's life is cut short. If asbestos itself has already posed a challenge in the world, what about all these new things which we still have a lot of?

I thought it would even be better at the Committee Stage if we amend these to include several waste mechanisms so that we take care of everything else which is being disposed, because there are so many. The counties shocked me because presently, we are mixing our waste that is; the biodegradable and the non-biodegradable in one bin.

If you go to many countries, you will find that by law, there are two types of bins. The biodegradables which eventually get processed back into fertiliser or something safe and the non-biodegradables. The non-biodegradables such as glass, small batteries, used electronic gadgets and all the others should end up in one place for easier sorting and reorganizing, so that it does not end up poisoning people.

Mr. Temporary Speaker, Sir, I was very happy when I heard my good friend, the Senator for Tana River County, Dr. Mungatana talk about mining and its poisons and even the materials brought back from the moon. Every time these people travelled to the moon, they had protective gear to help carry materials to be studied back to earth.

I was very lucky recently when I went to the United States of America’s Senate, Capitol Hill. I met one of the former Senators who went to the moon and is now working with the research centre on space. He is an amazing man who is still alive after many years and together with his wife, they are really ageing well. They are the people

who can tell the young generation stories because they have seen the world evolve from the 1960s to today. The can talk about the sort of computers and equipment they used then to go to the moon compared to what is being used today, including, how the planes have evolved.

The disposal of these electronic gadgets are in so many places, from cars, car radios to the equipment used in planes. The schedule is so long. We should work with Sen. Peris Tobiko and experts, so that we make a proper schedule on how these things can be put together, and how they can be disposed safely. This in itself is a big industry. You can create a lot of jobs for many young people who should be trained in this particular area, so that they also do not get exposed to danger. This is because whoever is handling this material is likely exposed to danger. It cannot be handled by amateurs. There must be some training school of some sort and some equipment which makes sure that people are not exposed as they deal with this waste.

Mr. Temporary Speaker, Sir, I know many Members want to contribute. This is a very interesting piece of legislation I have seen it published in the Gazette Notice. This means the bus has moved. It means that this this cannot go back. This shows how useful the Senate is and how experienced legislators like Sen. Peris Tobiko, who has been around for some years, are making changes in the country and in the world. I am sure when we pass this legislation, quite a number of African countries will come to learn from us.

It will eventually need serious budgetary consideration because of the setting up stage, to make sure that destruction of this sort of waste is safe. Not only this waste, even waste associated and related to this. You can see there are new computers here. There were iPads which have been removed. I do not know how they have been recycled or whether they have been donated to some primary school somewhere. There are computers being donated all over in schools. However, how does that school eventually dispose of this equipment? How will the children interact with the waste and how much are we poisoning our country? We must now prepare for the future because this is being generated at a very high rate. Everything has gone electronic. You are either on a smartphone or on computers. These are the new books, but how do we dispose the waste material which is hazardous.

I support this law and look forward to the committee stage where we can make amendments and do some research from around the world, come up with the best practises and get them done, so that our country can lead by example on how we dispose this very hazardous materials.

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

well-thought-out Bill. To many people, it looks like a simple Bill, but it will resolve a lot of challenges.

It is unfortunate that we are using paper. This Bill should be moved in a paperless form, but unfortunately with the new gadgets that have been installed, which are dysfunctional most of the time, we could not access it at the--- is it called Trident? We cannot access this Bill electronically. I wish we could be moving it in a paperless form because we are discussing something about electronic disposal.

Mr. Temporary Speaker, Sir, I know your office will intervene and ensure that it is factored. The issue of e-waste is a big problem. As we talk about climate change, the biggest threat to the environment now is e-waste because many people do not think about what happens to gadgets we used to have here before they were removed. What happens to the phones that you own and dispose? I thank some of the phone companies that replace and upgrade phones. No one talks about where your television sets, fridges and telephones we use go to.

We are used to traditional solid waste, but we must be aware that the issue of e- waste is here with us and, therefore, we must have a process of disposal. I thank the President for being a strategic promoter of a clean environment and environmental safety. I am happy this Bill has done it from the ward level. This is one of the Bills that will reflect the role of devolution because even the points that have been created to establish e-waste are at ward level and then they are taken to the national process. Being the protectors of devolution, I am happy it is one of us, a colleague Senator, who has drafted this Bill.

This one is very important because it has given a very critical and central role because under the Urban and Cities Act, as you are aware, in the Fourth Schedule of the Constitution, the role of garbage and waste management in urban centres and cities is predominantly under county governors.

I thank the President. Whenever I drive to Eastlands and other parts of Nairobi, anywhere across the country, even in our small cities and centres--- I thank the President for signing the cooperation agreement and coming in to rescue Nairobi City County from Governor Sakaja’s maladministration because everything was choking because of waste. I challenge anybody who lives in Nairobi. They will agree with me that the biggest menace in this city is garbage collection and more so, the e-waste which is also becoming solid waste.

By the way, governors have failed to establish mechanisms on how to manage waste. In my County of Nandi, they are trying to throw away waste. They wanted to dump waste at some place called Kirop Ket and the people resisted. In my small town called Mosoriot, there is no proper dumping place. Most of this e-waste is solid waste. In Wajir Town, there was no dumping site until the World Bank tried to intervene. There were challenges for people who live in at the Coast, for instance, where e-waste is now being discharged to the sea and to our rivers.

You have seen the river regeneration programme that the President launched today after the signing of the cooperation agreement with the Nairobi City County Government. They are trying to manage, because what is clogging these rivers--- I normally drive through Kibra, one of the largest slums in the world or in Africa. When you approach the bridge and look down there, you cannot imagine the quality of water

that is there because of lead exposure, which is leading to the many rising cancer cases. This could be a sign of this issue of e-waste and the components.

Number two is that the issue of e-waste must be linked to how we extract some of the elements that we use, for instance, cobalt. The reason there is a lot of war in East Congo is because of the fight for resources. One of the resources, Sen. Madzayo, is extraction of cobalt that is used to make some of these phones. As we extract some of these extractives to manufacture, we must be aware of where they are being disposed. Do they have lead or mercury that exposes us to health issues?

Sen. Tobiko, when it comes to the issue of amending, we should also factor in proper plant recycling. This is because we do not want our people to be exposed. On rates and charges, dues and fees, we need the biggest success in most of the international---

Mr. Temporary Speaker, Sir, some of us have travelled extensively and are aware of what is happening in most of these cities. You are aware that the disposal of e-waste and solid waste has been managed in other countries. I think our cities will continue stinking to high heavens, so long as we do not have a proper and clear procedure of managing e-waste.

Where does the e-waste, which comes computers, mobile phones, large household appliances such as fridges, television sets and medical equipment go? I remember the Senator had brought something about e-cigarettes and the vapes, what young people in this city and major cities call aluta. In the streets aluta means that you disappear on Friday and appear on Monday like Jesus Christ. That is what most of the youth do. They smoke what we call vape.

I am aware that Bomet has a new club. Bomet is our headquarters of Kalenjin music. I am told in every village, at least there is an artist who is singing some song in Bomet County. Some of the toys we buy for our children are also part of e-waste.

I know I will receive very serious backlash from the manufacturers, because their argument is that the producer responsibility organisations have already paid tax, but we need to ensure that they pay eco levy, so that they assist us with that money to use for e- waste recycling or destruction of e-waste.

I remember in the Finance Bill, 2024, although it was an unpopular Bill that led to the Gen Z uprising, the National Assembly, under the presidential memorandum, decided to withdraw the Bill. One of the important key components that many Kenyans did know about was eco-levy. When Samsung, Apple or others bring phones or electrical appliances to Kenya, we must tax them to get eco-levy, so that we can use it for recycling and disposal of e-waste.

If the argument of multinational tech companies is that they are paid through producer responsibility organisations, they should establish their local manufacturing plants in Kenya. Why is it that Samsung has not established their own plant for assembling the Toyota and computers? Cars also have computer appliances that need to be disposed.

I appeal to the Sponsor of the Bill or let me use the owner of the Bill, that we must have some amendments. I fear using the word Sponsor because in the streets it means a man. I know it will bring crisis on the issue of finance. The National Assembly will argue that this is a Money Bill. However, if we can collaborate with the National Assembly and include the eco-tax levy, it will be easy to manage e-waste.

I am shocked by our colleagues in the National Assembly. I am not discussing them, but sometimes they reject our Bills saying it is a Money Bill, but after two or three days, they republish the same Bill. Is that not plagiarism? I have seen many Bills, even my Bill, that was about Anti-Stock Theft that we passed in this House. After some time, I saw the Majority Leader in the National Assembly publishing it after the National Assembly argued that this was a Money Bill.

Does it mean that the Senate has the most brilliant and Solomonic wise men and women that we generate brilliant ideas for the National Assembly to be just doing gold digging? Are they gold diggers in this instance?

I do not know whether my Majority Whip and Sen. Wambua will agree with that explanation. Are we too brilliant, such that they have to come and “raid” our ideas and reject only using one reason in the Constitution that it is a Money Bill? I know, Sen. Tobiko, what the argument will be if we include eco-tax. I do not know what you will do, but you will allow me at the committee stage to at least amend, so that we can get the taxation.

Mr. Temporary Speaker, I will just make two points on the issue of licensing of waste collectors. Sen. Tobiko should relook at the possibility of ensuring that the National Environmental and Management Authority (NEMA) becomes part and parcel of the licensing bodies, including the county governments, so that licences are given because e-waste is very sensitive. It is important that licensing is done within the law. Therefore, NEMA and county governments should be part and parcel of the licensing of the waste collectors.

Through you, Madam Temporary Speaker, I do not know Sen. Tobiko what you will use because we use old lorries for normal waste. These old lorries that carry our garbage across our towns never get stuck. They always belch smoke. I do not know whether the law allows such lorries because most are unroadworthy. I have never seen a traffic police officer stopping a waste collection lorry, unless Sen. Wambua has seen this happen. We normally see them in traffic, they belch smoke, throw trash around and no one stops them. We need to agree on the licensing of waste recyclers. I think it is a challenge to county governments to partner.

Mr. Temporary Speaker, the biggest threat to our urban cities and towns is the issue of how to dispose waste. You go to Kitengela, where Sen. Tobiko comes from, Kajiado, Kapsabet, Eldoret, Wajir, Baringo in Kabarnet, even in Kitui Town - I am an in-law there, so I always must mention Kitui and I hope the next governor will be my good friend, Sen. Wambua. Today he has been hard on the Speaker, but I want to apologise. As a good Christian, as we begin the Lent and Ramadhan season, my brother, cool down, it shall be well.

I have noted the change of Chair to Madam Speaker on the seat. On this issue of e-waste recyclers, we must agree on the catalogue of engagement and duration of license. I have seen that the period is one year, but my proposal is that we

make it 24 months with a review that is allowed within that aspect. On the responsibility of e-waste recyclers and collectors, we must intertwine.

Madam Temporary Speaker, you are aware that there are cartels in this city who control Dandora dumpsite. Are we aware garbage collection is one of the serious businesses in this country, especially in this city? We need to be careful on how we handle e-waste collectors and recyclers, because there are many cartels who control garbage. Somebody told me in Swahili: “hakuna pesa chafu. Pes ni pesa.”

We need also to agree on our road signages. In mentioning road signages, I congratulate Eng. Luka Kimeli on being appointed the Director General of the Kenya National Highway Authority (KeNHA), Eng. Jackson Magondu on being appointed the Director General of the Kenya Rural Roads Authority (KeRRA) and also Madam Otsyula, who has been appointed as the Director General of the Kenya Roads Board (KRB). I also congratulate the new National Transport Safety Authority (NTSA) CEO Mr. Kodiwa for being appointed the Director General.

Roads, road signage and expansion of roads forms part of e-waste. We are aware NTSA just launched a policy on electric vehicles. We need to also think of when we will dispose e-electric vehicles. This Bill has really captured, and I think as the NTSA comes in, it will be the focus. Those appointments reflect the face of Kenya. I have seen our colleagues here and outside there trying to cast aspersions that it was not on merit. It was on merit. I have seen one of the chairpersons of one of the agencies is your close friend, Eng. Mwaura, who did the appointments today, on behalf of the board.

Madam Temporary Speaker, in conclusion, I celebrate one of the brilliant Maasai girls and women of our generation, that can only fit in the shoes of the Maasai kingpin, Ole Ntimama William. What a man can do, a woman can do better. That is clear. We need to encourage women in leadership. I am happy my sister is going for the top job in Kajiado County. God willing, she will be the Governor of Kajiado County.

Madam Temporary Speaker, I do not want you to go for the small seats like that of Women Representative or Senator. Just go for the seat of the Governor of Murang’ County, and we will support you. I saw the current governor sign, not to be accountable. He is a fugitive of accountability. We need people who are accountable. I want to cheer you on to be the governor of Murang’a County. Do not fear, we will support you.

We will have Sen. Tobiko become the Governor of Kajiado County. Since we are going for two terms, I will ask my good friend, the Statehouse Comptroller, Katoo Ole Metito, to remain as Statehouse Comptroller, so that Peris Tobiko becomes the governor. We will create an exception for Kitui County and give it to Governor Wambua, just because he is a good man. He is a good man, but in the wrong company.

Madam Temporary Speaker, we must support this Bill to ensure that we dispose electronic waste (e-waste). I hope the governors will be accountable. God willing, when you will be the governor of Murang’a County, please ensure this law is--- I know Murang’a County is semi-urban. In Mount Kenya Region, most of your centres are nearer, but I think the challenge you struggle with is how to dispose e-waste. So, I request the governors to implement that.

Madam Temporary Speaker, in conclusion, these are the issues that we wanted the governors to discuss in Kilifi, not to discuss how not to be accountable. Washindwe!

I support.

business of recycling e-waste should be licensed by the Cabinet Secretary responsible for Environment, Climate Change and Forestry in the national Government. I would like to plead with the Mover of the Bill to consider decentralising that role, so that if there is a recycler in Kitui County interested in doing that business, then the licensing of that recycler be handled by the County Government of Kitui, so that the national Government will just set the standards and policy guidelines, so that we do not have different counties with different standards and policies. This way, we will make it a shared function between the national Government and the county governments.

Secondly, and I do not know what the Mover of this Bill can do about this, perhaps nothing. From where I sit, the National Environment Management Authority (NEMA) is as guilty as those who destroy our environment. They sit back and watch over major destruction of the environment while running after young people doing small businesses, such as packaging chips in polythene bags. These young people face difficulties, yet NEMA officials ignore the destruction of entire rivers. I suspect they are part of the cartels involved in businesses from those rivers, such as sand harvesting. NEMA has a role to play here. I can only wish Kenya well with NEMA. However, as currently constituted and with the mindset they have, I have very little faith that NEMA will carry out its responsibilities.

Madam Temporary Speaker, the Senator for Makueni County has raised an important point. We often donate computers to schools. When the Government you serve in first came to power, there was a promise of tablets for all primary school children. Some say they were issued, others say they were not. Whichever the case, most of those tablets are not in use now. The question is: how have they been disposed of?

This Bill is important not only for disposing of electronic equipment such as computers, but also obsolete medical equipment. The Managed Equipment Service (MES) provided x-ray machines and other lab equipment to health facilities across the country. These facilities lack capacity to dispose of such equipment properly. We asked in this House, after the lifespan of medical equipment such as x-ray and CT scan machines, how will local dispensaries in remote areas dispose them without harming the environment or creating health hazards?

This Bill comes at a time when the lifespan of that equipment is almost expiring. We hope that by the time they become obsolete, the Bill will have been signed into law, providing proper guidelines for disposal of the obsolete equipment.

In conclusion, there has been a trend in this Parliament that we must apply ourselves to. I know I also have a role to play as a leader in this House. This is such a brilliant Bill. We will debate and process it and I believe that my colleagues will see the good sense to pass this Bill in good time. However, how many Bills have been processed from this House and are now lying and gathering dust in the shelves of the National Assembly? That is a conversation we need to have.

We need to have a conversation with our colleagues in the Lower House. We are not in competition for anything. Our responsibilities and roles must be complimentary. We should be helping each other to help our country. Anyone going to sit on a Bill like this, what would they be saying?

As we have to respond to what Sen. Cherarkey alludes to, they will just look for a line; that this Bill has created an authority and it is a Money Bill. However, if there was

goodwill in both Houses, this is what would happen. They would look at this Bill and tell us; colleagues, we believe that this section or clause makes this Bill a Money Bill. Remove it from your Bill, pass it and bring it to the National Assembly and we shall insert that clause as an amendment to the Bill. We will pass it, it will come to you, you will concur and you will have a law. That is how bicameral parliaments operate.

Madam Temporary Speaker, you do not sit back there saying; you finish your work and we will show you who we are. This is an important Bill and I hope that the National Assembly will see the sense in it and will pass it. Then we shall be helping, not just ourselves, but our children and our children’s children. Otherwise, it might get to a time that now, we have polluted our environment to an extent that everyone is exposed to danger simply because there is competition on where this Bill should originate from.

With those remarks, I support, Madam Temporary Speaker.

because a criminal used it somewhere. So, Kenyans are not buying old phones and that is why you will find most of them in the dust bins or you will find them in the garbage collection sites.

Madam Temporary Speaker, we should also encourage the recycling of these materials to be reused where possible. That is what it used to be. Recycling involves using some of those gadgets in repair shops. So, this law is trying to change the way we treat this kind of garbage.

I know this law is going to protect this. It is a global problem because developed countries are dumping these gadgets in developing countries through donations. They are calling them a resale or reuse, but when they come to this county, you only use them for a year. Since they do not want to dump these things in their countries, they are dumping them in our countries and as you can see, we have so many donations of used equipment, including hospital equipment, that are coming.

Of course, I am not saying that they are not helping the country, but we need to set rules and guidelines, so that even if you are giving me something, you do not just give me something because you do not need it or just because you cannot use it or recycle it. You are just giving it out so that you can use us as garbage or a dustbin.

Madam Temporary Speaker, as I look at the Bill, there are a few sections that I will request the Mover to amend or look at because they are a bit sensitive. The sensitive part of the Bill, and Sen. Wambua has highlighted, is whether it is encroaching on devolution. We understand that waste management is largely a county function. So, when we give the national Government the power to license, they are taking away some of the functions of the county.

We would not want the national Government to encroach on the devolved function. So, we would request that the counties do the licensing when it comes to waste management, waste disposal, reuse and recycling.

The other question that will arise is who pays for the recycling? When I look at the law, some recycling is passed to the producer, importer or manufacturer. If we leave it solely to these people, of course, they are going to pass the cost to the consumer and mobile phones, computers and everything will be expensive. I think we should divide this kind of cost to both the consumer and the producer.

There are countries that have managed to deal with plastic waste. In Kenya, we are a bit different. Instead of coming up with some nice laws that enhance some of these things, we ban some items, just the way we banned paper bags. I hear that we are about to ban plastic bottles.

Some countries deal with this kind of garbage by making sure that every plastic bottle is attached to some value. It means that if you use a plastic bottle and throw it away and somebody collects and takes it to a supplier or distributor, they get some money. It is not just reusing, but it has some monetary value. I can give an example by saying this. If you produce or package water, that plastic bottle should have value of about Kshs20. Therefore, whoever has that plastic bottle can take it to any shop, manufacturer or recycler and they are given Kshs20.

If you do that, you will never see a plastic bottle anywhere. If there is a person who does not care about a plastic bottle and throws it away, it will be collected by

somebody who needs that amount of money. That way, we will create some jobs to feed poor families or those who require such an amount.

When it comes to the issue of e-waste, we should also do the same. We should attach some value to the waste, so that if I see a computer mouse, collect and take it somewhere, I will get, let us say, Kshs5. If I collect a computer keyboard or a mobile phone, I also get something. Instead of saying that the cost should go to the manufacturer, we should attach some value. When they collect those items, they should get tax rebates by stating the amount of wastage they collected so that they continue doing that.

Finally, Madam Temporary Speaker, the other question we are asking is; will this affect secondhand electronics by making them expensive or affect the traders? We have TikTok which for some reason the National Assembly wants to ban, but I do not understand why they think that way because of TikTok, which is a platform that is free for Kenyans to market their ideas, we have had so many people sell items.

If I have a phone that I cannot use, I can do a TikTok video and sell it. If I need such a phone, I can do a TikTok video and somebody will sell it to me and I will buy it at a fairer price because some people do not sell things because they are damaged or spoilt. They sell them because probably they have gotten a different or better gadget.

There are those who buy secondhand things to sell to people. Will they be expensive if this rule comes to place? Those are some of the issues I would want the Mover to think about. We will bring some amendments to make sure that this law, which is very important to this country, is passed without so many questions.

Madam Temporary Speaker, the proposal that I will make to her is that counties should control and license waste collection and recycling. All levies should go to the counties apart from the import duties and all that. When it comes to waste collection, distribution and recycling, any licensing be done by the counties. We should also ask for gradual compliance to safeguard small traders.

I can buy a broken Television (TV) set because I know that I will get a capacitor and some lights in there to repair another TV. So that I am able to buy these things, I do not probably need a licence. I can just go to my village and ask whether anybody has a broken TV that they are selling, I buy and put it in my shop because I will use some of its parts to repair other gadgets.

Madam Temporary Speaker, we must protect the consumer. This Bill should not be used to make the consumer pay for when these gadgets becomes very expensive to handle. However, it is the best law for this country.

I support this Electronic Equipment Disposal Recycling and Reuse Bill with those amendments.

Thank you.

was reading through this Bill, I asked myself whether it would have been better if Sen. Tobiko had amended the broad Sustainable Waste Management Act to incorporate her ideas, so that this Bill can actually see the light at the end of the tunnel. It would have been a shorter route to take than introduce this Bill. Look at what has been the challenge of implementing the existing piece of legislation.

I have written quite a lot of notes which I will try to refer to. I will look at the current existing legislation, the challenges therein and what I foresee as challenges with implementing this new proposed legislation, if hypothetically, it sees the light at the end of the tunnel and it becomes law.

Number one, currently, waste transporters have gone to court saying that it is impossible to segregate particularly, organic waste by colour coding. They are also saying that there are no designated organic dump sites for the waste. This has been a big tackle and the National Environmental Management Authority (NEMA) has not been able to deal with this matter. The matter is in court. If you try to be realistic and candid, the reason this matter is a thorn in the flesh is because it is a business.

Madam Temporary Speaker, if today, I am a waste transporter and I come to the manicured neighbourhood that you live in, I will take all the trash and dump it in Dandora. There are 1,000 people there who are sorting out that garbage. So, the moment now you allow the segregation of this waste, particularly the organic and you do not have a site, you are actually making other people stay hungry. That is why people do not want these waste management laws implemented.

I will now focus on the new Bill that is being proposed. I have seen the distinguished Senator and this is what I think is a very strong point in this proposal, where she saying that the national government will set aside 30 acres of land, which will be managed by the National E-Waste Recycling Plant. Thirty acres! Who will fund these 30 acres? She has looked at the existing piece of legislation and she has built on the extended producer responsibility or what is referred to as EPR, whereby I am a producer of this bottle; the current legislation requires me to be able to ensure that I follow through the disposal of this bottle. Now, currently, who is paying for that? There is a penalty of about Kshs20,000.

The National Environment Management Authority (NEMA) requires you to give them an audit every so often on how you will manage that. The distinguished Senator has now said, no, you, the producer, will have to fund these waste recycling plants. You will have to fund them. I dare say that is a burden to the producer, because you have not told that producer who is producing that e-waste or that phone, this phone particularly, that now this is how you are going to recover your capital expenditure, the amount of money you are going to use to build that plant. You have not given them a tax incentive. I would like to request the Senator to consider introducing a clause that says, for this producer who is going to set up that e-plant, you are going to get a huge tax rebate for that purpose. That way, we can be fair.

Number two also, you have told the mama mboga that now it is your responsibility to deliver this e-waste, that phone of yours, to a ward recycling centre. This Bill, unlike the 2022 Act which is in place, has narrowed, based on my understanding, on the following issues: Collecting, sorting and processing. However, you have told this mama mboga that when you are now disposing that phone, you need to take it to a

particular place and if you do not, we will charge you over Kshs20,000. My proposal would be, since you are now already penalising the producer and taxing the producer to setting aside, you know, managing these five acres at the ward level, 30 acres in the national, in the capital centres; the best way to deal with this issue, so that you do not penalise this mama mboga or low-income earners, who are not able to go and find that location, introduce mobile collections, where they go around in that neighbourhood and then they collect.

My problem that I see sometimes with the piece of legislation is that we forget that we are a developing nation. We produce legislation as if we are a developed nation, where people are disciplined. They know that there are consequences to you violating these laws.

In terms of equity, as well as oversight, we may need to also reduce these licencing fees. This is because these licencing fees, which you have now restricted to one year, sometimes, honestly, every year you have to renew a licence for waste. It might exclude the low-income earners, people who want to get into that business.

So, so long as you give them a licence for five years, and every so often you can carry out an audit to see whether they are complying or if you feel like there are people who can be able to pay more, scale it up, so that you have everyone taken into consideration.

Madam Temporary Speaker, because of time, and I would like my colleagues to contribute to this matter as well, we have had a discussion on that, I reiterate on the following: When it comes to the extended producer responsibility, and I have seen that you have borrowed heavily on the existing piece of the 2022 legislation, I would suggest that you propose a tax break for the producers, so that you have a balance between the producers and the consumers. Do not overburden the consumers. I agree with Sen. Thang’wa that the moment you introduce responsibility of producers in managing e- waste management centres, that amount of money will be passed to the consumers. To ensure that you have introduced a way for them to recover their--- Introduce tax waiver or give them tax incentives.

To finalise, in terms of what was being contributed by my colleagues in terms of responsibilities, right now we are talking about empowering our county governments. When you give all the powers to the CS we are slowly clawing back on devolution. Right now, even NEMA is devolved. Let us encourage our counties to manage their waste and come up with polices on how their waste is managed. There are counties where you will not find a lot of e-waste, but if we have one blanket legislation that covers the entire 47 counties, I bet it will be a bit unfair to some counties.

Is this a good legislation? Absolutely! Do we need to ensure that it can become law? Yes. The task is on you, Sen. Tobiko to look at the existing piece of legislation, to be cognisant of the fact that there is someone waiting out there to go to court and say you are over-legislating. Look at the existing piece of legislation and the challenges. I have given you one challenge that there is an active case where NEMA has not even managed to solve in terms of where one disposes organic waste. Look at the business interest. How are you going to manage those things? Pay attention to the issue of the extended producer responsibility.

If I am a producer of an iPhone or Samsung or any other phone, I want an incentive to be able to continue selling in this market. Otherwise, very soon you will have phones that you cannot tie to a producer. We want to make sure that whatever piece of legislation we pass in this House can be effective. We sit here and pass with legislations. We do a lot of research, but if they do not become future-centric and support our economy, they will be of no use.

I know the aim of you coming up with this Bill is to promote health, reduce pollution and most importantly, promote a circular economy. I do not know why you chose to come up with the Bill alone instead of amending the existing Act. Now that you have, we will support it, but think about those challenges which are there that no one will talk about.

Otherwise, with those many remarks, seeing that I only have 10 minutes left, I support.

It is global because there are proliferations of counterfeit products, for instance, laptops and phones. There is a lot of such counterfeit products in the market, as well as lot of informal sector players in the electronic recycling environment. This means that we need a law that speaks to the current situation that we have, both in the country and also in the region, as well as globally.

The Bill sponsored by Sen. Tobiko speaks to the hierarchy of disposal facilities from the ward level, the county level and the national level. It has developed a system cognisant of the fact that every household in this country, even at the village level, has electronic equipment. It may be a television set, radio or other household items. For us to manage effectively, we must start from the lowest level. The creation of hierarchy in this Bill is a welcome move. I appreciate Sen. Tobiko for that.

Madam Temporary Speaker, turning to specific provisions of the Bill, Clause 3 sets out the objectives. It seeks to create a sustainable environment compliant with mechanisms for disposal, recycling and reuse of electronic equipment. This objective can only be met if there is representation at the county level. Collection begins at the ward, continues at the county and disposal or reuse occurs at a collection centre at the county or national level. These provisions have been included.

The creation of the role of the Cabinet Secretary in collaboration with the relevant County Executive Committee Member (CECM) in the county in Clauses 7, 8 and 9, establishes a conveyor-belt system. Collection occurs at the ward level, continues at the county level and recycling is centralised at the national Government. Clause 7 provides for the CECM in the relevant county.

Clause 9 outlines the licensing process. This is where I wish to make a proposal to the Sponsor of the Bill, Sen. Tobiko. Clause 9 requires the CECM to sit alone on an application for licensing an e-waste collector in the county. I propose that instead of the CECM sitting alone to decide whether to grant a licence to an applicant, which in most cases is unjust and unfair, a provision be created requiring a committee. This would ensure objectivity whenever an application is submitted by a member of the public seeking to establish a collection centre.

This proposal would similarly affect the mandate of the Cabinet Secretary under Clause 10, which currently requires them to sit alone on applications by e-waste recyclers seeking permits or licences. I propose amending the Clause to establish a committee under the supervision of the CECM at the county level and the Cabinet Secretary at the national level. This will ensure that applications for collectors and recyclers are assessed objectively.

An important provision in the Bill is the global requirement to restrict importation by ensuring that those licensed are bound by extended producer responsibility. This obligates a producer or importer to manage the entire cycle, from production, sale, disposal or reuse. That way, the cycle is managed without breaks in obligation among sector players.

The creation of licences and the establishment of an e-waste plant at the national level is a very important provision and I support it. However, I propose that instead of limiting to a national e-waste plant, we also establish regional plants. For example, Nairobi City County alone generates extensive waste and it would be impractical to rely

solely on a national plant. Counties able to establish their own plants should be allowed to do so. Let us have a law that provides for a county based e-waste management plant.

Madam Temporary Speaker, in Bomet County that I represent, we have the affordable housing project, which is built next to a waste management site that the county government has completely failed to manage. As a result, even though the houses are ready for occupation, they cannot be commissioned or handed over. This failure in waste management by the county, whether degradable or e-waste, is a different story. The waste is affecting---

Madam Temporary Speaker, I see you are rising, so I will stop at that.

ADJOURNMENT

1. m., time to adjourn the Senate. Upon resumption of the debate on this Bill, Sen. Wakili Sigei will have a balance of 10 minutes to conclude his contribution. The Senate, therefore, stands adjourned until tomorrow, Thursday, 19th February, 2026 at 2.30 p.m. The Senate rose at 6.30 p.m.