THE PARLIAMENT OF KENYA

Clerk, kindly confirm whether we have a quorum.

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

Hon. Members, can you quash that Kamukunji so that we can do business? It appears we have quorum. Clerk, read out the first Order.

PAPERS LAID

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, 19th February, 2025-

February 19, 2025 SENATE DEBATES 1

Services, Senate.

THE SENATE CALENDAR FOR THE FOURTH SESSION OF THE THIRTEENTH PARLIAMENT

PUBLIC PARTICIPATION REPORT ON MEDIUM TERM DEBT MANAGEMENT STRATEGY

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

February 19, 2025 SENATE DEBATES 2

Services, Senate.

Report of the Auditor-General on Financial Statements of Msambweni County Referral Level 5 Hospital - Kwale County Government for the year ended 30th June,

Level 4 Hospital for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Samburu Sub-County Level 4 Hospital – Kwale County Government for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Lunga Lunga Sub- County Level 4 Hospital for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kinango Sub-County Level 4 Hospital for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kwale Water and Sewerage Company Limited for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of the County Executive of Kericho for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of the County Assembly of Kericho for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of the County Revenue Fund - County Government of Kericho for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of the Receiver of Revenue – County Government of Kericho for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kericho County Assembly Members Car Loan and Mortgage Fund for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kericho County Executive Staff Car Loan Fund for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kericho County Executive Staff Mortgage Fund for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kericho County Assembly Staff Car Loan and Mortgage Fund for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kericho County Bursary Fund for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kericho County Alcoholic Drinks Control Fund for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kericho County Enterprise Fund for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kericho County Agricultural Development Fund for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of the Kericho Municipality – County Government of Kericho for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of the Litein Municipality – County Government of Kericho for the year ended 30th June, 2024.

February 19, 2025 SENATE DEBATES 3

Services, Senate.

Report of the Auditor-General on Financial Statements of Kericho County Referral Level 5 Hospital - County Government of Kericho for the year ended 30th June,

County Government of Kericho for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kipkelion Sub-County Level 4 Hospital - County Government of Kericho for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Roret Sub-County Level 4 Hospital - County Government of Kericho for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Londiani Sub-County Level 4 Hospital - County Government of Kericho for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Sigowet Sub-County Level 4 Hospital - County Government of Kericho for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Fort-Ternan Sub- County Level 4 Hospital - County Government of Kericho for the year ended 30th June,

Sanitation Company Limited for the year ended 30th June, 2024.

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

Report of the Auditor-General on Financial Statements of Kericho County Climate Change Fund for the year ended 30th June, 2024.

Report of the Auditor-General on Financial Statements of Kabianga Tea Farm – County Government of Kericho for the year ended 30th June, 2024.

Mr. Deputy Speaker, Sir, I beg to lay.

Very well. There is a paper to be laid by Sen. Hamida Kibwana. Is there any Member who is aware of the whereabouts of Sen. Kibwana? Sen. Montet? Sen. Onyonka, are you aware of her whereabouts?

No Sir.

You might be having a clue. Now that she is not around and nobody has been tasked to lay it on her behalf---

Sen. Bonnie, what is your point of order?

Mr. Deputy Speaker, Sir, since things have changed for the better, as the Chief Whip---

Which means?

Things have now changed for the better in the country. Allow me to table her Paper as the Whip of the Broad-Based Government.

February 19, 2025 SENATE DEBATES 4

Services, Senate.

Do you have the Paper?

On a point of information, Mr. Deputy Speaker, Sir.

Yes, Sen. Onyonka.

With a lot of humility; Sen. (Dr.) Khalwale, you know we work with Standing Orders and rules. Could you quote the Standing Order that will enable you to table a Paper on behalf of Sen. Hamida?

Just a minute, Sen. Bonnie. Yes, Deputy Minority Leader, proceed.

Thank you, Mr. Deputy Speaker, Sir. I do not know why Sen. (Dr.) Khalwale is excited about tabling a Paper for Sen. Hamida. Sen. Hamida belongs to a coalition. That coalition has leadership. The person on the Floor is the Deputy Minority Leader of the Senate. So, if anybody in the leadership will table that paper on behalf of Sen. Hamida, then it has to be tabled from the right side.

Sen. (Dr. ) Khalwale cannot be part of the scheme---

Sen. Wambua, I have heard you. Resume your seat.

When I asked about the whereabouts of Sen. Hamida Kibwana, you did not attempt to even give us guidance of where she was and yet you are the leader. As a leader, you could have stood up and given the Chair guidance, that as a leader of this coalition, I am not aware.

Let us move to the next Order.

Sen. Bonnie Khalwale---

Thank you, Mr. Deputy Speaker, Sir---

Sen. Bonnie, resume your seat first.

Sen. Wambua, what is irking you and I am the one handling this matter? What is the problem? I am handling this issue. So, resume your seat and be calm.

Okay, let us put that Paper on hold. Of course, it is not a coalition Paper. She led a delegation out of the country. She was the team leader and that is why she is laying that Paper. Otherwise, I can give any other Member who participated the leeway to do so if they are aware.

If nobody is aware of all this, we then go to the next Order.

February 19, 2025 SENATE DEBATES 5

Services, Senate.

REPORT OF THE SENATE DELEGATION TO THE HLPF 2024 ON SUSTAINABLE DEVELOPMENT

NOTICES OF MOTIONS

APPROVAL OF THE SENATE CALENDAR FOR THE FOURTH SESSION 2025

Mr. Deputy Speaker, Sir, for the comfort of Sen. Wambua, I want to allow him to move this Notice of Motion.

I rise to give Notice of the following Motion: Consideration of the Senate Calendar

(Regular Sessions)

for the Fourth Session.

THAT, pursuant to Standing Order 32

(1)

, the Senate approves its Calendar

(Regular Sessions)

for the Fourth Session

, laid on the Table of the Senate on Wednesday, 19th February, 2025.

Next is the Chairperson, County Public Accounts Committee (CPAC) . You have several Notices of Motions to give.

ADOPTION OF REPORT ON CONSIDERATION OF FINANCIAL STATEMENTS OF VARIOUS COUNTY EXECUTIVES FOR FY2019/2020

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

THAT, the Senate adopts the Report of the Select Committee on County Public Accounts on its consideration of the Reports of the Auditor-General on the financial statements of Tharaka Nithi, Homa Bay, Kakamega, Kirinyaga, Makueni, Meru, Bomet, Murang’a, Nandi, Nyamira, Nyeri, Siaya, Vihiga, Wajir and Samburu County Executives for the Financial Year 2019/2020 laid on the table of the Senate on Tuesday, 5th March,

ADOPTION OF REPORT ON CONSIDERATION OF FINANCIAL ADOPTION OF REPORT ON CONSIDERATION OF FINANCIAL STATEMENTS OF VARIOUS COUNTY ASSEMBLIES FOR FY 2019/2020, 2020/2021 AND 2021/2022

February 19, 2025 SENATE DEBATES 6

Services, Senate.

THAT, the Senate adopts the Report of the Senate County Public Accounts Committee on the Reports of the Auditor-General on the Financial Statements of the following County Assemblies: Siaya, Nandi, Baringo, Bomet, Bungoma, Elgeyo-Marakwet, Embu, Homa Bay, Kajiado, Kakamega, Kericho, Laikipia, Meru, Nakuru, Tana River, and Nyeri for the Financial Year 2019/2020, Tharaka Nithi for the Financial Years 2019/2020 & 2020/2021, and Kericho for the Financial Years 2020/2021 & 2021/2022, laid on the table of Senate today, Wednesday, 4th December, 2024.

ADOPTION OF REPORT ON CONSIDERATION OF FINANCIAL STATEMENTS OF VARIOUS COUNTY EXECUTIVES

ADOPTION OF REPORT ON CONSIDERATION OF FINANCIAL STATEMENTS OF VARIOUS COUNTY EXECUTIVES FOR FY2019/2020

ADOPTION OF REPORT ON CONSIDERATION OF FINANCIAL STATEMENTS OF VARIOUS COUNTY EXECUTIVES

February 19, 2025 SENATE DEBATES 7

Services, Senate.

THAT, the Senate adopts the Report of the Senate County Public Accounts Committee on the consideration of the Reports of the Auditor-General on the Financial Statements of the following County Executives: Mombasa, Nakuru (Financial Year 2019/2020), Nyeri, Bomet, Kisii, Turkana, Trans Nzoia, Nyandarua (Financial Year 2020/2021), Nairobi (Financial Year 2017/2018, Financial Year 2018/2019 & Financial Year 2019/2020), Kwale County (Financial Year 2020/2021 and 2021/2022) - Volume VI, laid on the Table of the Senate on Thursday, 5th December, 2024.

ADOPTION OF REPORT ON CONSIDERATION OF FINANCIAL STATEMENTS OF VARIOUS COUNTY ASSEMBLIES FOR FYS 2019/2020 AND 2020/2021

The next Notice of Motion was to be given by Sen. Kibwana, but she is not around.

ADOPTION OF REPORT ON CONSIDERATION OF THE SENATE DELEGATION TO THE HLPF2024 ON SUSTAINABLE DEVELOPMENT

February 19, 2025 SENATE DEBATES 8

Services, Senate.

QUESTIONS AND STATEMENTS

STATEMENTS

UNSPENT FUNDS BY COUNTIES HELD IN CRF ACCOUNT AT CBK

Sen. Okenyuri

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding the huge unspent funds by counties held in the County Revenue Fund (CRF) at the Central Bank of Kenya (CBK) .

In the Statement, the Committee should–

Thank you, Sen. Okenyuri. That is a very brilliant idea. How I wish maybe this could also go through a Question to the Cabinet Secretary, National Treasury and Planning because we could get answers faster than as a statement.

From my wisdom, I request you go that route because Senators must be interested to know the amounts pending for their counties held at the National Treasury while there are so many challenges at the counties that we represent. That is enough of the work we are supposed to do, as Senators.

Sen. Okenyuri

Mr. Deputy Speaker, Sir, I am guided. I will come up with a Question to the CS responsible that will capture all I have raised in the Statement.

ALLEGED IRREGULAR AND ILLEGAL TAX EXEMPTION GRANTED TO BLUE NILE ROLLING MILLS LIMITED

Sen. Montet Betty

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order (53(1) to seek a Statement from the Standing Committee on Trade, industrialization and Tourism regarding allegations of irregular and illegal tax exemption granted to the Blue Nile Rolling Mills Limited by the Government of Kenya.

In the Statement, the Committee should-

February 19, 2025 SENATE DEBATES 9

Sen. Montet Betty

Services, Senate.

the Ministry of Trade, industrialization and Tourism, the National Treasury and Economic Planning and Blue Nile Rolling Mills Limited and state whether the agreement complies with Section 28(a) of the Income Tax Act Cap 470 of the laws of Kenya;

consultations as evidenced by Article 232(d) of the Constitution of Kenya, 2010 prior to granting exemptions to the company and outline any specific benefits expected from this exemption for the government and the public; and,

those provided to other companies in the same industry and outline measures in place to ensure this exemption does not create any unfair competitive advantage over local manufacturers.

Next Statement by Sen. Mwaruma.

PROVISION OF WATER AND SEWERAGE SERVICES BY TAVEVO WATER COMPANY IN TAITA TAVETA COUNTY

Sen. Mwaruma

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order (53(1) to seek a Statement from the Standing Committee on Lands, Environment and Natural Resources regarding the operations of TAVEVO Water Company in Taita Taveta County.

In the Statement, the Committee should-

Next Statement is by Sen. Catherine Mumma. I understand she has delegated it to the gracious Senator from Mombasa County, Sen. Miraj.

MANAGEMENT OF IVF PROCEDURES IN ABSENCE OF COMPREHENSIVE LEGAL AND POLICY FRAMEWORK

Thank you, Mr. Deputy Speaker. I request for a Statement on the Management of ‘Introfertilisation’ (IVF) in Kenya, in the absence of clear laws.

I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Health, regarding the management of IVF in the absence of comprehensive and legal and policy framework on the matter.

February 19, 2025 SENATE DEBATES 10

Services, Senate.

In the Statement, the Committee should-

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

What is your point of order, Sen. Bonnie?

Mr. Deputy Speaker, as a competent doctor, the record is going to show a condition called ‘Introfertilisation.’ I understand the limitations of the Member, but there is no such a thing. Probably she could be talking about Invitrofertilisation. Could she be clear for purposes of record and education of generations to come?

I thought she talked about the management of Invitrofertilisation.

Yes, she said, introfertilisation. There is no such thing. I am helping her to keep the record straight.

Sen. Miraj, put the record straight.

Mr. Deputy Speaker, just to let the hon. Member know, I am holding brief for Sen. Mumma.

I was wondering how he is able to hear what you are saying and I can see he is very busy with other business.

Excuse my nitty gritties because I am holding brief for the Senator.

Sen, Boni, listen carefully, you did not get what Sen. Miraj said because---

Mr. Deputy Speaker, Sir, I was saying in the Statement, the Committee should-

Thank you. Sen. Samson Cherarkey.

February 19, 2025 SENATE DEBATES 11

Services, Senate.

MURDER OF A PATIENT AT KNH

Sen. Cherarkey

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Health regarding the gruesome murder of Mr. Gilbert Kinyua, an inpatient at Kenyatta National Hospital (KNH) in Nairobi City County.

In the Statement, the Committee should-

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM UNIVERSITY OF ELDORET

Hon. Senators, we have visiting students from the University of Eldoret in Uasin Gishu County.

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this morning of visiting students from the University of Eldoret in Uasin Gishu County. The delegation comprises 29 students who are in the Senate for a one-day academic exposition.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit.

February 19, 2025 SENATE DEBATES 12

Services, Senate.

(Applause)

Sen. Cherarkey

Mr. Deputy Speaker, Sir, I want to thank you and take this opportunity to welcome the students from the University of Eldoret where I am an Alma mater.

Mr. Deputy Speaker, Sir, before the University of Eldoret was given a charter, it used to be a school, under Moi University, school of law and I am happy to see them. Uasin Gishu County is also my neighbouring county. I wish them well.

As they learn, they should also strive to be the leaders of today and not tomorrow. I can see many of them are Gen Zs. They should also have opportunity to learn how Parliament operates. We wish them well. We also pray that as they go back, they continue to pray for Moi University to continue. Senator Kajwang’, Sen. Aaron and Bishop Wambua are also Alma maters of Moi University. We are quite a number in this House. We wish them well.

I thank you, Mr. Speaker. Karibuni.

Next Order.

CELEBRATING THE LIFE OF THE LATE SEN. WILLIAM KIPKOR CHEPTUMO

February 19, 2025 SENATE DEBATES 13

Services, Senate. and served as the Chairperson of the Standing Committee on National Security, Défense and Foreign Relations and as a member of the Standing Committees of Justice, Legal Affairs and Human Rights and that of Land, Environment and Natural Resources, which positions he served until his demise on 16th February, 2025;

NOW THEREFORE the Senate expresses its deep sadness at the death, of Hon. William Kipkiror Cheptumo, the Senator for Baringo County and Chairperson of the Standing Committee on National Security, Defense and Foreign Relations; records its appreciation for his contribution to public service spanning over two decades; recognizes the high esteem in which he was held by colleagues from across the political divide and the humble, principled and dedicated manner in which he undertook his duties; and offers its profound sympathy and condolences to his family, friends, Baringo County and the nation at large.

You left the bit of the Question to be put. This Motion does not affect the counties. However, before I put the question, I must ascertain whether we have a quorum.

The Senate Majority, since you have delegated to yourself the role of the Clerk, then I agree with you that we have a quorum.

Order, hon. Senators. Kindly bear with me as I read this important Motion.

Next Order.

Sorry, we shall re-organise the business appearing on the Order Paper and go to Order No.10. After dispensing off that Order, we shall come back to Order No.9.

Next Order.

February 19, 2025 SENATE DEBATES 14

Services, Senate.

RECORDING THE THANKS OF THE SENATE ON KENYA’S ATTEMPT FOR POSITION OF THE CHAIRPERSON OF THE AUC

Senate Majority Leader, proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise to move the following Motion-

RECALLING THAT, the African Union (AU) , the successor to the Organisation of African Unity (OAU) was launched in 2002 as a continental body consisting of the 55 member states that make up the countries of the African Continent, with the vision of creating an Integrated, Prosperous and Peaceful Africa, driven by its citizens and representing a dynamic force in the global arena;

AWARE THAT, the African Union Commission (AUC) was established as the Secretariat responsible for the operations and activities of the AU, headed by the Chairperson elected by Heads of State and government from Member-States;

RECALLING THAT, on 27th February, 2024, Kenya formally announced that the former Prime Minister, Rt. Hon. Raila Odinga, EGH, would be vying for the position of Chairperson of the African Union Commission (AUC) , noting that regionally he served as the African Union Special Envoy for Infrastructure Development, H.E the President endorsed the Rt. Hon. Raila Odinga as Kenya’s candidate for the Chairperson of the African Union Commission;

NOTING THAT, the Hon. Raila Odinga’s candidature for the position of the Chairperson was not only his ambition, but also a symbol of Kenya’s deep commitment to the goals of the African Union and its desire to participate in shaping the continent’s future;

COMMENDING the Government of Kenya, led by His Excellency the President, for a robust campaign in support of the candidate, reinforced by continental integration and cooperation and guided by Kenya’s Foreign Policy;

FURTHER COMMENDING, the remarkable achievement by Rt. Hon. Raila Odinga for emerging the runner-up in the election of the Chairperson of the African Union Commission on Saturday, 15th February 2025;

RECOGNIZING, the need to sustain Kenya’s growing prominence on the continental stage and advocacy for a more united, prosperous, self-reliant Africa in resonance with the aspirations of millions of Africans, who seek to see the continent empowered to chart its course in the global arena;

NOW, THEREFORE, the Senate- 1) Expresses its profound thanks to the Rt. Hon. Raila Odinga, EGH, for demonstrating unwavering commitment to the service of Africa by offering his candidature for the position of the Chairperson of the African Union Commission, for his leadership in advancing pan-African unity, for his dedication to the

February 19, 2025 SENATE DEBATES 15

Services, Senate. development and integration of the African continent and for his distinguished attempt at the election;

2) Records its thanks to His Excellency, Dr. William Ruto, CGH, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya for endorsing the Rt. Hon. Raila Odinga, EGH, as Kenya’s candidate for election as the chairperson of the African Union Commission (AUC) and for coordinating the campaign in support of his candidature; and

3) Records its congratulations to H.E Mahamoud Ali Youssouf on his election as the Chairperson of the Commission on Saturday, 15th February, 2025

Mr. Deputy Speaker, Sir, this is a very important Motion because the Senate must be recorded as having had a voice post the events of Addis, Saturday, 15th February,

the stage and taking on the continent of Africa, seeking the support of more than 48 heads of state and governments and securing the support of nearly half of them, is no mean achievement. Never minding the fact that, unfortunately, we did not clinch this position as a country.

There have been very many speculations on reasons. I have seen people say various things. I saw Sen. Wambua’s party leader weigh in. I have seen my good friend, Sen. Onyonka on TV shows.

First, I hold the view that we can only opine about what may have led and what may not have worked well in this campaign. However, it will be impossible to tell. Let nobody lie to the country that they can tell which countries voted in favour or against.

These theories that are being advanced here- “oh! SADAC” - I think that is what Sen. Onyonka was saying or this or the other. You cannot tell. Sen. Onyonka, this was a secret ballot. We watched from the floors of the AU as people cast their votes. Presidents were being handed a secret ballot.

In fact, many of them by the time of voting had long left the room. The vote was cast by either their Foreign Affairs Ministers or Vice-Presidents for those countries that had been represented. Therefore, it is not possible to accurately tell which country voted for who.

Essentially, in this day and age of fake news, people can fall victim to so many shenanigans and theories that are bandied around. However, you cannot accurately predict and say country X, Y, or Z voted for so-and-so, not even if you are a handwriting specialist. Unless, Sen. Onyonka, you know President Ramaphosa's handwriting, then you can say, I saw that one, I think I know how he writes and so many other things. However, even then, where will you access these ballot papers?

We can perhaps speculate. We know for a fact that immediately after the first round where former Prime Minister Raila was leading, many of the votes that had been cast in favour of the candidate from Madagascar, shifted to the candidate from Djibouti.

February 19, 2025 SENATE DEBATES 16

Services, Senate.

Consequently, what people will be speculating is who are these people that had initially voted for the candidate from Madagascar? Besides, you cannot tell still, at that time.

Mr. Deputy Speaker, Sir, this is like the stories that we hear from polling stations. Those of us who have participated in elections a couple of times, you will find a candidate that does sometimes so poorly, that even in their home polling station, they do not secure number of votes equivalent to their family members. Thus, at the family dinner table in the evening, everybody claims that I voted for you, my brother. You cannot tell which of these brothers and sisters never did cast their vote for this family member.

Secret ballots are very interesting. There is also no genius because I have seen some fake theories saying, “you know, I told you.” In an election, there can only be two outcomes. It is either a win or a loss. Therefore, there is no genius in predicting that somebody will either win or lose in the probability of only two outcomes.

Certainly, that is not where we need to turn our focus and attention on. Our focus and attention are the positive steps that have been made, that Kenya has made a mark. I have seen people advance theories that are suggestive to the point where people look at us when we sometimes offer ourselves for these continental positions. You are such a strong character, that we do not think we will be comfortable having you in certain positions. That is the truth and the reality.

You know, for example, that the United States of America is a superpower. I know for a fact that if it was not for the fact that they have a veto power at the United Nation (UN) and if they were to offer their candidates, many times, those candidates would never find favour with many of the other countries from the rest of the world because that is what people do to strong personalities. They feel like you are too strong and good for us. People will advance whatever theories they want to say.

I have seen people give explanations. Why I disagree with you, for example, and I think you are gravely wrong, Sen. Onyonka, on the issue of Southern African Development Community (SADC). I saw you say, “Kenya has mismanaged the Democratic Republic of Congo (DRC) situation.” Perhaps, you need to take time and understand what is Kenya's position on DRC.

The Senate Majority Leader, you can do so much better without referring so much to the Senator. Just move. Say people are saying this and that without mentioning his name.

No, I said I disagree with him.

Sen. Onyonka, I have protected you and let us leave it at that.

The Senate Majority Leader (Sen. Cheruiyot) : Okay. You are protected enough. I did not know. I know Sen. Onyonka to be such a strong character that I never thought he would feel---

Sen. Cheruiyot) :

Intimidated.

Okay. You are protected enough. I did not know. I know Sen. Onyonka to be such a strong character that I never thought he would feel---

Sen. Cherarkey

Services, Senate.

February 19, 2025 SENATE DEBATES 17

Sen. Cherarkey

Services, Senate.

Who can intimidate, Sen. Onyonka? How? It is not possible.

I will sit to hear your side of the story.

Sen. Onyonka, then you must queue on the dashboard.

Please, queue, Sen. Onyonka, because we would wish to hear.

The Senate Majority Leader, just wind up.

Mr. Deputy Speaker, Sir, so as not to attract all these points of order, I will not mention anybody's name. Let me just focus and say why I disagree with those that are telling us ---

Sen. Cherarkey

Why is Eddy protesting?

Services, Senate.

In fact, in my own analysis, we did better. This situation could have been handled better when we had the presence of EAC forces. Remember, at that particular time, not a single life of a soldier had been lost. They had managed to contain the hostilities.

Look at what has happened since the coming into place of SADC forces. The M23 has advanced. They have gained more territory and some of their soldiers have been killed.

Part of the resolutions of the meeting that happened in Addis Ababa on the night before the vote, including even allowing those soldiers to be transported back home. This is a very difficult situation. Hence, I do not think that it is proper for us, as a country, to speculate and find faults just to score cheap political points. Certainly, because you either do not like the former Prime Minister or the President and you choose to argue and push narratives that when taken through the test of logic cannot hold to be true. There are many reasons why people decide to vote this or the other way.

The thing that the Senate is trying to do this morning is to record its appreciation. When 22 heads of State vote for you for six straight rounds, that is nearly half of Africa. Is that really not an accomplishment? Does it not speak true to the fact that those people believe that this is the right leader for this particular continent?

We all know that elections are very complicated processes. There are many reasons why people may vote this or the other way. This was not our day, but the bigger conversation that had been pushed throughout the period for nearly one year that the former Prime Minister Raila Odinga moved from each of the African capitals, sharing his vision of a united and prosperous Africa, alongside the ideals and the founding principles of the AUC are things that need not be lost. It is my hope that His Excellency Mahmoud Yussouf, who was elected, will borrow on some of the good ideas.

I listened to him the other night or two nights ago on British Broadcasting Corporation (BBC), where he said he will be reaching out. This is because there are certain things which, for sure, the former Prime Minister of Kenya pushed that he strongly agrees with. If, indeed, he had the formula of achieving those ideas, the brilliant ideas that he had, then, as a duly elected chairperson, he is duty-bound to reach out to people who have the age-old experience and the stature to push that particular initiative.

I also want to challenge Kenyans that when one of us steps out to the global stage, we are duty-bound to perhaps pose our local differences and not transport them to the international stage. It is not just the former Prime Minister Raila who has been a victim of this. You know for a fact that many of the fake accounts that were being operated of his opponents were being run from Nairobi here by people who simply disagree with the candidature of Raila Odinga. We need to mature and rise to the position of knowing that our local differences need not necessarily be exported to the global stage and show it to everybody that we do not agree with this particular person or the other.

I believe that in the same way, once an election is done, for example, in your county and people grant you the opportunity to serve as Senator for County X, all the other people queue behind you and you represent their interest here in the Senate. There is no need to undercut and undermine each other.

Sen. Cheruiyot) :

Services, Senate.

It is a retrogressive practice that is continuing to gain a bad reputation. Unfortunately, it is supported by certain leaders who do not see beyond petty partisan politics. They believe it is good to cheer on young people even as they malign their own country online on the global stage, thinking it will power their popularity. This addiction to clickbait and trying to be favoured and loved online is what will bring down many a political career.

Mr. Deputy Speaker, Sir, we must always appreciate and know that there is a line between being democratic, expressing your views of disagreement or agreement with a particular position, and being outright foul with your language and abusive of other people in the pursuit of their interests.

It broke my heart, for example, to see certain people celebrating, including leaders. I must add that, unfortunately, some of them sit in this House, posting messages and saying, “oh, I am glad so-and-so lost.” Really? In the 21st Century? That was a new low for me.

You do not have to agree with the former Prime Minister Rt. Hon. Raila Odinga politically, but he has earned his place. He has made his mark. You may never have voted for him in your life, or like me, you may have voted for him once or twice, but do we have to sink that low as a country where even leaders post messages of celebration and say, “oh, we are glad he did not do this or the other?”

I want to urge us, as a country, that perhaps it is time we paused and draw a line and realize what is a fine line between politics. What are the things that you can agree on, and what are the things that you can disagree on? How do we learn to coexist with each other? What is this negative energy that has permeated our country so much that even on such solemn issues that can easily bring together a country, we want to disagree?

Mr. Deputy Speaker, Sir, I do not want to dwell much on the things that have not gone right. This is about a celebration of a Kenyan who stepped up on the continental stage and made us proud, the results notwithstanding. As a Kenyan, I felt proud watching him in Addis Ababa making his presentation, meeting with other heads of states, listening and following the more than 20 heads of states, nearly half of Africa, who stood with him up to the sixth round. They were voting and insisting they needed this man to lead our continent.

Lastly, I congratulate the gentleman who was elected because, in any election, there is a winner and a loser. Only that in this case, it is my humble view that Africa lost, but it is not Hon. Raila who lost. Africa would have been served better by this statesman. However, in any democratic process, we have been taught and must appreciate that the person that the majority have had their say and their view is that, that person takes the lead. That particular individual this time being His Excellency Mohamed Ali Yusuf, we are duty-bound to congratulate him.

Mr. Deputy Speaker, Sir, I want to grant this opportunity to other Senators also to share their thoughts on it. I know President William Ruto was asked by the rest of the African heads of states in last year's Summit to lead the charge on reforms of the AU.

February 19, 2025 SENATE DEBATES 18

Services, Senate.

I believe that part of the recommendations that they will be making is one on the issue of how to make Africa a more cohesive society while taking into consideration the diverse nature of our society, especially in terms of region, language and religion.

I believe that it is possible to either force people or tweak the rules such that the chairperson and the vice-chairperson may be people that are elected that represent, if not the three of those demographics, at least two of them. For example, from our Constitution, you must give it to the genius that insisted on the 50 per cent plus one rule. Therefore, they have forced the politician to form alliances.

Otherwise, if it had been left to a simple majority, you never know what would have happened in this country. People will have long disappeared into tribal cocoons and mobilized themselves along those lines. However, because of that ingenuity, introducing a rule to the game, ensuring that for you, for example, to be elected President of Kenya, you must have the support of at least half of the people that---

February 19, 2025 SENATE DEBATES 19

Services, Senate.

February 19, 2025 SENATE DEBATES 20

Services, Senate.

Chairperson CPAC, Sen. M. Kajwang’, please proceed.

Services, Senate.

President William Ruto, we thank you because you walked the talk. You walked with a candidate. You opened doors for the candidate and allowed Raila Amolo Odinga, despite the political competition, to be a candidate for Kenya, rather than a candidate for any political formation.

Mr. Deputy Speaker, Sir, the Sessional Paper on Kenya’s Foreign Policy was laid on the Table of this House last week by the Senate Majority Leader. We now have an opportunity to weigh in on Kenya’s foreign policy.

I know that my colleague, the Senator for Kisii, Sen. Onyonka, is one of the most exposed and experienced diplomats in this House, having served as an Assistant Minister for Foreign Affairs. Hon. Members, we have an opportunity to weigh in on Kenya’s foreign policy.

I request the Speaker to direct it to the relevant committee, which I think is the Committee on Justice, Legal Affairs and Human Rights if not the Committee on National Security, Defence and Foreign Relations. They must bring back a report to this House.

They must scrutinise that Sessional Paper. They must get views from experts. They must look at it and confirm that Kenya is adopting a foreign policy that is pragmatic. That was the position of the founding fathers of this nation. They said we are facing neither East nor West. They said we are going to face the direction where the wind will blow in our sails. That should be the position that this generation takes.

There is nothing fashionable about being seen as pro-American or pro-Chinese. Those are constructs that do not matter to us. We shall face the direction that adds value to the lives of the people of Kenya, the direction that is willing to partner with us in achieving our developmental objectives, and the direction that is respectful to the people of Kenya.

I heard some people say that we should withdraw from the Africa Union (AU) and global commitments. We should never make the mistakes that we saw the Brits do with Brexit. They regret it today. We should never make the irresponsible decisions that we have seen the Americans doing under President Trump, saying that they will withdraw from the World Health Organization (WHO), the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol.

We should not go for isolation. We should not go for a situation where we are left alone as parriers in the global world order. We shall continue supporting and fulfilling our international obligations, be it at the AU or the EAC level where Kenya is the current Chair.

Mr. Deputy Speaker, Sir, I also wish to congratulate Djibouti whose candidate is now the Chair of the Africa Union Commission (AUC). I do not know much about the gentleman who has been elected to that position. As we have said, this election was not just about individuals, but also about the nationalities that fronted those individuals.

As it has been said by the Senate Majority Leader, our President has been given a rare opportunity to propose reforms at the AUC. Amb. Amayo is a good friend of this House because every time and everywhere he was posted; be it in London or Washington, whenever a Senate delegation went, he welcomed them. He was unlike

February 19, 2025 SENATE DEBATES 21

Services, Senate. many ambassadors who look with contempt at Members of Parliament (MPs). I can confirm that everywhere I found Amb. Amayo, he was very respectful to Parliament.

He is now Kenya’s representative to the AU in the area of reforms. He is a seasoned diplomat. I hope working together with President Ruto, they will deal with key issues that need to be transformed at the AUC.

In Africa, there are still a lot of challenges that we must ask the new AUC Chair to settle down and not to be drawn into Kenya’s political and toxic social media wars. He should settle down and deal with key challenges facing Africa.

When Kenya proposed the Rt. Hon. Raila Amolo Odinga to be the Chair of the Commission, we knew the challenge that was ahead of us. The AU has a target to silence the guns in Africa. Unfortunately, the guns are raging even louder. They are raging in Sudan, Somalia, and Nigeria in the fight against Boko Haram. The guns are not silent in Africa. That is why we are now challenging the new Chair of the Commission to get down to business and not go around in political rallies in Djibouti trying to rub it in that Kenya did not get that position.

The Africa Continental Free Trade Area (AfCFTA) was an excellent idea. It was mooted just around the time of COVID-19 Pandemic. Today, the AfCFTA is non- operational because sovereign states are still unwilling to deal with the tariff and non- tariff barriers. They are still unwilling to align their legislation to build one common market in Africa.

Within the African territory, we have a coup belt that is running from West Africa, through the Sahel, coming into Central Africa. If we are not careful, it will go all the way to the Indian Ocean.

It is said that in Africa, you can travel from West to East Africa, going through countries that have got military dictatorships and leaderships that came to office through coup d'états. That is the reason the AU was established to deter leaders from taking over power through coup d'états.

Flights are still very expensive in Africa. If you want to go to West Africa, you have the unfortunate situation where sometimes you have to go to Doha or Dubai for you to land in Accra or Guinea-Conakry. Those are the challenges we expect that the new Commission Chair will deal with.

Mr. Deputy Speaker, Sir, I want to finalise by urging fellow Senators and all Kenyans having seen the situation and the terrain in the African Continent, let us now turn to our country and make it great.

The phrase; “love your neighbour as you love yourself” appears in the Bible not just once, but three times. It appears in the Book of Leviticus, the Book of Mark, and the Book of Matthew. Love your neighbour as you love yourself.

We cannot love Africa more than we love Kenya. This is the time for us to come back to Kenya and make it great again. I, as a leader of the Homa Bay delegation, I am willing to partner and work with all the leaders in this Republic who are willing to make Kenya great again.

We will not make Kenya great through negative ethnicity. We will not make Kenya great through division. We will not make Kenya great through revisionism, where

February 19, 2025 SENATE DEBATES 22

Services, Senate. we want to go back to history and dwell on the justices or injustices that were committed to us.

We will only be respected in Africa if we build a strong economy. Our economy is not growing at the rate that will make Kenya a superpower in Africa. We cannot afford to be growing at 4 or 5 per cent when Tanzania is growing at 7 per cent. We must put all our thoughts, attention and efforts on growing an economy and the least metric should be 7 per cent annual growth. That is when we will be respected.

We have this misconceived notion that Kenya is still a great economy. We could be great now. However, if you remember the mathematics of approaching speed, there are smaller economies that are approaching us at a higher speed than we are moving. If we are not careful, we will be the smallest economy in East Africa.

We must spend on our military. This is a conversation we must have. We are spending only 1 per cent of our Gross Domestic Product (GDP) on the military, yet we are seeing guns and drones pointed at Kenya from all corners.

The war in Syria has confirmed that your enemy does not need to be your neighbour and that Turkey can hammer Syria from wherever they are. Even Kenya can be hammered from Yemen or the United Arabs Emirate (UAE). This is the time for us to ask ourselves; is our military getting the right budgetary allocation and are they making the right decisions with those budgets?

Every time we go for a public holiday, we see those jets flying past. To be honest, since I was a little child, they are the same jets I have been seeing flying past. I wonder if there was a serious strife or battle between Kenya and a neighbouring state whether those jets will be airworthy or able to go and attack the enemy.

We must have that conversation. This idea of saying that the military is a closed black box that we cannot talk about should stop. If we have a weak military, no one will respect us.

You have seen instances where in the old saying that the tail can wag a dog. You are seeing a tiny country, and I am not going to mention names, being able to ambush, attack, invade and overthrow the president of another country which is 100 times its size.

Mr. Deputy Speaker, Sir, this is a conversation we must have. We must come back to our education system. At some point, Kenya was a regional superpower because of our advanced education system. You had Ugandan professors coming to teach here; children coming from other countries to study in Kenya. Diaspora Remittances is our highest forex earner, because we trained and built a very strong pool of professionals.

I am willing to partner with a government that is willing to look at the CBC and to make the right decision to make the CBC fit for purpose, so that our education system still becomes attractive to the region.

Regarding our health sector, people from Tanzania, a long time ago used to ask why they should you go to London for treatment when they could come to Nairobi Hospital. Why should you go to Germany when you can come to Aga Khan Hospital or even Kenyatta National Teaching and Referral Hospital?

February 19, 2025 SENATE DEBATES 23

Services, Senate.

Kenyatta National Teaching and Referral Hospital at some point was attracting medical tourists from the region. Those are the quiet ways of strengthening yourself on the continental stage.

Mr. Deputy Speaker, Sir, it is not about how loud we are on Twitter. There is this thing called KOT, Kenyans on Twitter or Kenyans online. You only project strength through certain attributes, not noise making and not attacking other people online.

We need to go back to our transport sector. Part of our comparative advantage as a country is our location. It is geography that allows us to have a port almost midway from North to Southern Africa.

The Port of Mombasa is a gift from God and our location are a gift from God. We must modernize the port. I am willing to encourage this Government that if we cannot get civil servants and bureaucrats who can modernize that port, then we would rather seek a strategic partner. Of course, a strategic partner procured in a transparent and open manner.

Mr. Deputy Speaker, Sir, we have gone to Dubai with the Senate Liaison Committee. We went to D.P. World and they told us the kind of operations they are running all over the world. They are running ports in Manchester, China, the U.S. while we want to turn our ports into theatres for appointment of tribal and political loyalists. We are not going to make it.

Kenya Airways has been the pride of Africa, but of late, it has become the shame of Kenya. Kenya Airways is another form of expression of strength on the continental stage. Every time we travel, even Members in this House would prefer to fly Ethiopian Airlines, Emirates or Qatar Airways and not Kenya Airways. These are the fundamentals we must come back to.

The Standard Gauge Railway (SGR) that we built terminated nowhere, in some field in Naivasha. How can you have an SGR that terminates in some place in Suswa and yet there is no last mile for connectivity? We must put money, even if it means taking a loan. I will support a loan request for extension of the SGR from Suswa to go all the way to Kisumu, Malaba; all the way to Uganda. That is how we can be relevant to the people of Uganda. Not by shouting, but providing connectivity to them.

As I conclude, I urge the relevant committee that our foreign policy must be examined by this House. I urge the people of Kenya that when a Kenyan is out there on the international stage, we have an obligation to cheer them on. Otherwise, we are going to have a situation where, one day, Faith Kipyegon is breaking a world record and half of Kenya is cheering, while another half is not because she comes from the same village as the President. That is where we are heading to.

You will have an untidy situation where Harambee Stars is playing and scoring goals; half of Kenya is cheering and the other half is not cheering because the team has Ogola, Otieno, Onyango, Wafula and Wekesa. We cannot build a country that is that petty.

Mr. Deputy Speaker, Sir, I urge that this conversation in this House will be different from the conversation we had yesterday in the other House and it will be different from the conversation we have had elsewhere.

February 19, 2025 SENATE DEBATES 24

Services, Senate.

When it comes to issues of the original sin, we have a lot to say about that in this country. The first Deputy President to be thrown out of office without ceremony was Jaramogi Oginga Odinga. He picked himself up. He did not go inciting hateful tribal sentiments, but went and formed the Kenya Peoples Union (KPU).

Jaramogi Oginga Odinga was put under house detention. His son, Raila Amolo Odinga, was in detention for eight years fighting for this country. When he left detention, he did not come out bitter. He did not build artificial warriors and soldiers. He did a handshake with President Moi, which was unthinkable because for him, he was concerned about making Kenya great.

There are people who have suffered in this country, and I do not want to make parallels and draw comparisons because then, we will be trying revisionism. Let us focus on making Kenya great. Negative ethnicity, the divisions that we are seeing, the belittling of certain communities that we are seeing even in Parliament and out there on the social media is not going to work for this country.

Mr. Deputy Speaker, Sir, I am perhaps one of the longest serving Members in this House on this side. When it comes to opposition, we know all the tricks and have the stamina. We shall work together with a government that is committed to making Kenya great again.

William Ruto, do not be distracted into negative ethnic conversation. Make Kenya great. Fix our military, economy, logistics, health and education. Make Kenya truly a Silicon Savannah and you will have the unlimited support of Senator Moses Kajwang’ the Orange Democratic Movement (ODM) Brigade and by extension, Raila Amolo Odinga.

I second.

February 19, 2025 SENATE DEBATES 25

Services, Senate.

Kenyatta National Teaching and Referral Hospital at some point was attracting medical tourists from the region. Those are the quiet ways of strengthening yourself on the continental stage.

We need to go back to our transport sector. Part of our comparative advantage as a country is our location. It is geography that allows us to have a port almost midway from North to Southern Africa.

February 19, 2025 SENATE DEBATES 26

Sorry Senator, just one minute, Sen. Wamatinga. I will recognize the visitors, and I will not interrupt you as you take your 20 minutes.

Hon. Senators, this Motion is very interesting and enjoyable to listen to.

I now open the Floor. The first shot will be taken by Sen. Wamatinga Wahome, Commissioner from Nyeri County.

Thank you Mr. Deputy Speaker, Sir. As I rise up to contribute to this Motion...

Sorry Senator, just one minute, Sen. Wamatinga. I will recognize the visitors, and I will not interrupt you as you take your 20 minutes.

February 19, 2025 SENATE DEBATES 27

Mr. Speaker, I wish to welcome the students and teachers of Maasai Mara University. I was not only a student, I also served as a vice president of the Students' Union. So, I wish to welcome you and also tell you that Kenya is a land of opportunities. Let nothing deter you. For the young people, you are the leaders of today. Taking efforts to see what the Senate does goes a long way to changing the style of leadership in this country.

I wish that you will be part of that transformation. When you go back, please, take my greetings back to the students and the teaching fraternity of the Maasai Mara University.

Thank you very much.

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM MAASAI MARA UNIVERSITY, NAROK COUNTY

Mr. Deputy Speaker, Sir, thank you for at least acknowledging that Maasai Mara University is a national university; not like your cantankerous fellow from Meru, the governor, who thought Maasais do not wear underwear.

Sen. Okenyuri

It is not from Meru.

Oh, not like the cantankerous governor from Meru. It does not matter where you are, Nyeri? I do not know these things. It is just because it is cantankerous.

Mr. Deputy Speaker, Sir, thank you. Let me take these 30 seconds to welcome these young students. I just challenge them that all of us who are standing here went through that rigorous training. I am a Political Science Major, and I know what it takes to forge forward and to navigate through tough challenges, especially when it comes to politics in this country called Kenya. Narok County is a great county. I am happy that most of you have had an opportunity to study there.

It is not from Meru.

Oh, not like the cantankerous governor from Meru. It does not matter where you are, Nyeri? I do not know these things. It is just because it is cantankerous.

February 19, 2025 SENATE DEBATES 28

Services, Senate.

I hope that we can continue improving and making sure that you encourage even local students from that area to take on political science courses so that they can be in the leadership for the future. You know people talk about the future generation being the youth. It is not. The future generation is another generation which will come after this generation has already been wiped out.

So, I hope that you will nurture the talents of the youth and always when you go back there, ensure that your agility and dedication is your future. Thank you.

Proceed, Sen. Wamatinga.

Services, Senate.

I want to put the record straight. It is what you do in terms of development. If you bring development to us, if you bring meaningful change to us, then we will stand with you.

It is high time that we say this country is greater than any one of us, and we say united we stand in this country. We must fight for African integration; we must fight for globalization, and make sure that Kenya is an integral part of that, not being put in ethnic balkanization because that is outdated politics.

Mr. Deputy Speaker, sir, I support.

February 19, 2025 SENATE DEBATES 29

Services, Senate. cannot consume the product that they produce; the coffee, milk and tea. Our potential lies in the regional integration, not only the muima region, but the whole of Kenya, but even extending this to beyond Africa. This is why I am standing here as a proud Kenyan to say that, yes, Kenyans have realized that we have a potential as a country when we integrate everybody into the leadership of this nation.

Unfortunately, few people for their own selfish reasons, chose to celebrate the failure of one Raila Amollo Odinga because they believe that their political future lies in Baba joining hands with them. I want to tell them, woe unto them we have woken up, and we are no longer going to do tribal politics to benefit one person. Show me your friends, I will tell you who you are. I have heard some people, my colleagues, without wanting to discuss them or name them, saying that they have been removed from the chairmanship of committees.

I would want to challenge them. Tell your community, as you were the chairman, what did you do for your community? It is high time that we rise and be counted like Kenyans who look at the issues of this country not as a tribal approach, but rather a holistic approach that takes care of political and moral obligation that we have to this young generation. I have decided to face the reality as it is.

Somebody has said, the survival of the murima depends on one person. I want to correct that assertion. The survival of murima depends on our ability to integrate with every person in this country, regardless of where they are born. That is a true position and that is what we must tell everybody. This is the right way that we now move forward, unified, towards regional and world integration in the whole of Africa.

I was in Angola the other day. I realized that the potential that we have to do business in that country is huge. It cannot be and it is not acceptable that at this time when everybody is moving towards making regional blocs, towards moving people together like the European Union (EU), like the United States (USA) somebody is telling us, ‘usiguse murima.’ That is not only outdated, it is retrogressive and it must be condemned in the highest and the hardest political terms possible. Tomorrow belongs to a future generation, and we have a political and moral obligation to ensure that we bring Kenya together, because Kenya cannot stand divided into tribal cocoons.

I also want to thank those who stood with Raila Amollo Odinga; not because he is a Luo or Kenyan, but because he is a Statesman who has the political experience and exposure to see things from a broader perspective.

It might please my people to say I oppose Raila, but then I will have a political responsibility and history will judge me so harshly that I did not make the right decision. As has been said here before, a win for any Kenyan is a win for every Kenyan. We must now rise beyond petty tribal politics and say the problems that we face in this country are not tribal. They are problems that we can only solve as a unified country.

As I wind up to give my colleagues an opportunity, I would want to take this opportunity to apologise to the Maa Community. I heard my governor make very retrogressive comments about them not wearing surualis. I heard him say it is not what you do, it is who you follow.

February 19, 2025 SENATE DEBATES 30

That is true.

Thank you.

Thank you, Mr. Deputy Speaker, Sir. The Senate Majority Leader and all Members who have contributed. I am shocked at the way my colleagues are behaving and what they are saying on this Floor.

The reason I am shocked is because somehow I happen to be advantaged because I have been around this system for the last 25 years. I have been around politicking, taking vehicles to Kabarak to go and see President Moi and beg him to give me a handout, so that I could run for elections. I have seen what happened in 2007 when we came to this House and I saw the hate, the vitriol and the anger.

What were we fighting about? An election which had been lost and of course, we were on the other side which “lost”. We stood here and said how we wished anybody who was on the other side should have been dead. I watched the Coalition Government work and then it failed. In this Republic, I have seen President Uhuru come into power and his elections were nullified and I have seen how he handled it.

I have seen how President William Ruto became the President. So, I hope my colleagues will allow me to lay out my case. This election of Prime Minister Raila to the AUC, indeed, was about our country.

This election was not really about Raila per se. I have seen some people say, oh, this election was about President William Ruto and if he is a bad President, therefore, our candidate would not win. No, I take a different approach.

The reality is we went in to hunt. I am saying I do not think we were prepared to hunt well and kill the elephant. My argument is we have a country where we are constantly looking for options and solutions away from the reality of what we are dealing with.

I have heard my colleagues saying that people were celebrating because Raila lost. Yes, they were celebrating because they were fearful. They want Raila to come back because the country looks unstable and it is not ready to move on. That is where we are, Sen. Cherarkey. This is not about tribes ganging up against bigger tribes and smaller tribes ganging up against smaller ones. This is a State called Kenya, which is dysfunctional and where we have refused to accept the basic tenets.

Hon. Senate Majority Leader, you know I respect and love you as my brother.

That is true.

Thank you.

February 19, 2025 SENATE DEBATES 31

Mr. Deputy Speaker, Sir, I have heard Sen. Onyonka say M23 is coming to Nairobi. I do not know whether he is confusing---

Sen. Mandago

I said when they came. I said when they came, I know you do not know. When they came, M23 came to Nairobi, met our President, they launched themselves here. What did you expect President Kagame to do? What did you expect him to do? When information is coming out that all these groups are meeting around Nairobi, and we are not careful---

Sen. Onyonka, there is still a point of order still from Sen. Mandago.

Sen. Mandago

I was just wondering whether the operations of Parliament have changed. Can Sen. Onyonka provide evidence that M23 indeed came to Nairobi, met the President and launched themselves here? I think it is a dangerous statement to be allowed to go on record without evidence.

What question are you asking me?

Can you substantiate?

Sen. Mandago

That?

What question are you asking me?

Can you substantiate?

That?

February 19, 2025 SENATE DEBATES 32

Mr. Deputy Speaker, Sir, what I said is that the M23 made contact and, indeed, the President of Kenya's responsibility was for him to start negotiating with them and the Rwandese Government. What I am saying is, those discussions as they started---

The Deputy Speaker (Sen. Kathuri) : Did you say that they came to Nairobi and met the President?

I said they came.

No!

Maybe you can give him permission to clarify what he meant.

Sen. Kathuri) :

No, I do not need any direction from the Members and that is why I am here. I am listening to the Members.

Sen. Onyonka: Mr. Deputy Speaker, Sir, I do not know why you do not want me to talk. Let me make it easy for you, I withdraw and apologize for my majority. Can I proceed?

Did you say that they came to Nairobi and met the President?

I said they came.

No!

Maybe you can give him permission to clarify what he meant.

No, I do not need any direction from the Members and that is why I am here. I am listening to the Members.

Sen. Onyonka:

Services, Senate.

Mr. Deputy Speaker, Sir, I do not know why you do not want me to talk. Let me make it easy for you, I withdraw and apologize for my majority. Can I proceed?

Proceed.

Let me say what I am saying, so that you do not waste my time. We, as a leadership, must understand that whatever that was happening is not removed from our reality. Just as you were planning to organize, so that Prime Minister Raila can then go for his election at the African Union, what do you do? You allow individuals to pick Besigye and they abduct him and take him to Uganda. Internationally, Sen. Cherarkey, you know that looks bad.

At that moment when you were busy talking about South Africa, I know some of us may not understand that the South African Government having gone to Congo, the responsibility and the role they have played in Congo and all the issues that have been engaged must be handled so carefully. However, what do we do and I said it in public? We then decide we are going to support Israel because the Israelis are our friends for years and we make that announcement disregarding the sensitivities of what is happening in Gaza.

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

We then take that same narrative as we are having issues---

February 19, 2025 SENATE DEBATES 33

No, that is the rule of the House. When there is a Member on a point of order, you sit.

I know the rules, but if I keep going that way, it is a bit tiring.

There is a seat just next to you.

I have got his point, which I can answer.

You should not take advantage of the microphone to just exchange with a Member who has a point of order.

Much obliged. I would most probably answer him and say, let us leave the Israeli question. Can we talk about the Rapid Support Forces (RSF) that is in Nairobi? You can legitimize and argue about it.

So, you are comfortable the RDF is in Nairobi and the other Sudanese party is in Sudan? They have written an official letter today, where they are saying that you have actually violated their very essence and existence as a State. That is how---

The Senate Majority Leader---

Mr. Deputy Speaker, Sir, your colleagues are now answering me across because they do not want me to make my arguments.

There is a seat just next to you.

I have got his point, which I can answer.

You should not take advantage of the microphone to just exchange with a Member who has a point of order.

Much obliged. I would most probably answer him and say, let us leave the Israeli question. Can we talk about the Rapid Support Forces (RSF) that is in Nairobi? You can legitimize and argue about it.

The Senate Majority Leader---

Mr. Deputy Speaker, Sir, your colleagues are now answering me across because they do not want me to make my arguments.

February 19, 2025 SENATE DEBATES 34

My apologies, my leader. I apologize and withdraw. You were not there.

You know you are eating on your time, and you will not be having an ample time to give your points because you will be disrupted all the time with your points.

Mr. Deputy Speaker, Sir, much obliged.

I was not there!

Sen. Cherarkey, stop exchanging with the Member on the Floor. Allow him to contribute. What is your point of order, Sen. Wakoli?

It is Sen. Cheruiyot, my brother.

Sen. Onyonka, have your seat. Let us listen to his point of order. You know you are misusing my microphone, the Clerks. When the Member is on a point of order, switch off the other microphone, so that we can now be orderly.

Mr. Deputy Speaker, Sir, I stand on the order of responsibility of statement of fact. When an hon. Member stands here and casts his aspersions on the delegation from Kenya, we might not agree with you. Nevertheless, when you say they

Mr. Deputy Speaker, Sir, much obliged.

Sen. Cherarkey

I was not there!

Sen. Cherarkey, stop exchanging with the Member on the Floor. Allow him to contribute. What is your point of order, Sen. Wakoli?

Services, Senate.

Sen. Onyonka. You know that you are a seasoned legislator.

Mr. Deputy Speaker, Sir, I am a bit emotional about this. Allow me.

February 19, 2025 SENATE DEBATES 35

Services, Senate. were intimidating, can you table facts that Kenyans, headed by the President, were intimidating people in Addis Ababa? This is a Senate. This is not a small thing in the village.

Hon. Senior Senator, thank you. (Applause)

Thank you, Mr. Deputy Speaker, Sir. I want to mention to my brother, the Senator from Bungoma, that normally when people go to watch football games, that is how they behave. However, when people go to an international conference and they are trying to negotiate and influence other people to vote for their candidate, they behave differently. I know you love football. You may not see the contradiction.

It is true for many of us that for me, Prime Minister Raila losing that seat was a shock, but I saw him accept the verdict gracefully. I would like to state to my colleagues in this House that if such an occasion comes back again, because it could, please, let us make sure we do a thorough job. Let us consult the ambassadors, former ambassadors and the technical personnel. We could have done it better. Is it true that I knew this? No, I did not. I am just saying, when you go to play and you have scored many goals, then you have to figure out what to do with the team, especially with the team manager.

I would like to give one last comment. I have no problem if the Orange Democratic Movement (ODM) and my leader Raila decide to join the Government of the day. I understand the complexity of Kenyan politics. Besides, I heard somebody say, “give me something that I can be proud of.” Give me democracy. Make sure we minimise our corruption. Stop using negative ethnicity of turning around and saying that because you have disagreed with people who you had struck a dealing with and, indeed, by the way, I listen to this House severally. Some of these contradictions we have are a consequence of the broken system of our governance structure. Why is it that every five years the Deputy President is fighting with his President?

Mr. Deputy Speaker, Sir, why is it that we are not able to deal with the dysfunctionality of our financials in this Republic? How can we say that Kenya is a great country when you know we are in debt, we cannot finish our railway, and the revenue we are collecting we do not even know what is happening; the county governments are having a problem, then you expect me to have something to be proud of?

I am proud to be a Kenyan, yes, but I expect more. I expect better from all of us. Stop cheering around and singing how you think now power has come to your hands. You are going to employ your relatives and cousins. No!

We now need intelligent people to sit down and guide the President and the former Prime Minister to make sure this country runs in the direction where we can be fully proud and happy that we are moving as a team. Stop alienating some communities because of political disagreements. Sit with them and talk with them.

Senate Majority Leader, are you not sitting with the gentleman there with big hair? I wanted to make a reference.

Thank you.

February 19, 2025 SENATE DEBATES 36

Services, Senate.

Sen. Onyonka. You know that you are a seasoned legislator.

Services, Senate.

Therefore, what is the future? We congratulate His Excellency Mahmoud Ali Youssouf of Djibouti, although I heard his speech and was disappointed that we had more money and more power. I thought he would have been more magnanimous.

You know, in victory, in the book “48 laws of power by Robert Greene,” you should know when to stop celebrating. It is one of the basic tenets of the 48 Laws of Power by Robert Greene.

Therefore, it is very unfortunate for this to come from him when he wants to unite the continent. He will be the biggest envoy, Sen. Onyonka will tell you, His Excellency Mahmoud Ali Youssouf will be the biggest envoy of Africa. Therefore, he should give a message of hope and unity across the African Continent. We expect him to handle the DRC crisis, the Sudan crisis and many other crises that we face as a global nation,

The future of Africa, we need to agree and ensure that we trade more within the African region. Why would I need a visa to travel to Ghana or South Africa yet we are Africans? We should promote a visa-free Africa, where Africans can go to any African country.

There are many students from Maasai Mara University. I wish to see them working in South Africa as experts or civil servant. We should have them in Namibia, Ghana, Tunisia or Djibouti, among other countries.

Secondly, we must encourage open skies. It is unfortunate that sometimes when you fly to West Africa, you must go to France then come back. It is easier to fly to London than some West African countries. We must promote open skies.

As I speak, the reforms at the Kenya Airways are long overdue. Kenya Airways is dubbed as the Pride of Africa but it is disappointing. We even saw the Nigeria Civil Aviation Authority (NCAA) penalising Kenya Airways.

Sorry, Sen. Cherarkey. What are you saying, Sen. Omogeni? Go to the Dispatch Box if your microphone is not working.

Mr. Deputy Speaker, Sir, everything that we say on this Floor goes on record. Sen. Cherarkey knows that under our Standing Orders, he should not make statements that are misleading. He has just stated on this Floor that to fly to West Africa, you first have to go to France then come back.

Kenya Airways flies directly to several West African countries, including Nigeria, Cameroon and Bamako in Mali. Is he in order to make a misleading statement on the Floor that the skies in Africa have not been opened to our Kenya Airways?

Sen. Cherarkey

Sen. Cherarkey, which country were you referring to?

February 19, 2025 SENATE DEBATES 37

Sen. Cherarkey

Services, Senate. Therefore, I want to assure the nation and thank President William Ruto for his magnanimity.

You remember in 2022, the presidential election was a close call, but out of the magnanimity of President William Ruto, when Raila Odinga declared that he would run for the African Union Chairman, President William Ruto did not look at Raila as the opponent that he defeated him in the general election. He looked at him as a brother, a statesman and a Kenyan. That is why the Rt. Hon. Raila Amolo Odinga had at his disposal the entire Government machinery to campaign across the 51 states of Africa and share his vision for a better Africa.

I was disappointed that some people in parts of this country and others on social media could celebrate the loss of Raila Odinga. Raila Odinga never lost anything. It is Kenya which lost its standing in the League of Nations.

Let us not confuse issues. If it is about losing, Raila has developed a thick skin of losing many elections, but he has always looked at the brighter side. He has been the safe pair of hands when Kenya is in turmoil. From 2007, 2018 and the other day in 2022.

Mr. Speaker, Sir, some people celebrated on social media, and in some parts of this country. We tell them “riswa na washindwe katika jina la Yesu”.

Secondly, Raila Odinga, is not the first Kenyan to have lost. Even Ms. Nancy Kirigitu lost. Even Ms. Raychelle Omamo lost. The latest one, Ms. Amina Mohamed also lost in 2017, and we never saw this kind of vitriol and hatred against a candidate like Raila Odinga.

Many people thought that when Raila lost in AU, some people could be used to fight the Government, but woe unto them, it will not happen. As a country, we have a better agenda to have a prosperous nation going into the future in governance, development, rule of law and democracy.

There have been arguments asserting that the reason for the loss is the position of Kenya in the DRC crisis; the position of Kenya on issues of Gaza and Israel; the position of Kenya in the Sudan crisis, where we saw the Rapid Support Forces (RSF) here in Nairobi, and many other positions which Kenya holds across the world.

We must accept that beyond and above African Union engagement, there was the issue of religion, language and region and also superpowers. I am happy my brother from Homa Bay has said that Kenya should not look east or west; we should look at where our interests are as a country.

You saw the other day when President Donald Trump came, he came with a different policy. China or the East has come up with a different policy. Therefore, it is neither here nor there that we are arguing today that it is based on many forces.

We know that after the African Union as a continent, there are many international and global interests, whether they come from the East or West. Therefore, for Raila Odinga, as our candidate, as a statesman and as a Kenyan, to stand on the annals of history and look for this seat, I want to congratulate him. It is not easy.

Even in local elections, like ward elections, we have seen people who say they will run, but when the real game is called, they are nowhere to run, even for a ward election. That will happen even in the 2027 General Elections.

February 19, 2025 SENATE DEBATES 38

Sen. Cherarkey

Services, Senate.

You know, in victory, in the book “48 laws of power by Robert Greene,” you should know when to stop celebrating. It is one of the basic tenets of the 48 Laws of Power by Robert Greene.

Services, Senate.

Mr. Temporary Speaker, Sir, we can have him as the Prime Cabinet Secretary or the Prime Minister. He must be given that position to assist in expanding, deepening and widening the broad-based Government and the stability of this country.

Mr. Temporary Speaker, Sir, we have started broad-based approach even within Parliament---

Sen. Omogeni

On a point order, Mr. Temporary Speaker, Sir. Of course I would not have wanted to interrupt the good Senator for Nandi, but I am rising under Standing Order No.105 on responsibility for statement of fact.

I have read the NADCO Report page by page. May I know which recommendation of the NADCO Report he is basing his argument that Raila Odinga should be the Prime Minister? They proposed creation of the position of Prime Minister, but there is nowhere Raila Odinga is proposed to be the one. I do not think the NADCO Report was formulated to have Raila Odinga join the Government. It is actually demeaning to say that the whole NADCO Report was just about creating a position for him.

Mr. Temporary Speaker, Sir, I request that you find the Senator out of order for insinuating that the NADCO Report has a clause that proposes that Raila Odinga the person becomes the Prime Minister.

Sen. Cherarkey, I hope you have understood.

Sen. Cherarkey

Yes, I have. Thank you, Mr. Temporary Speaker, Sir, for seeing you today in the morning. After this, I will buy a hair comb for my brother, Sen. Methu. In fact, he has answered himself by insinuating. I did not say the NADCO Report has the name of Raila Odinga. As a leader, I believe Raila Odinga should serve this nation in any capacity. In my own opinion as the Senator for Nandi, I feel he should be given the position of Prime Minister.

We need to expand and fully implement the NADCO Report. We are already having a broad-based government. We are now exchanging Chairs of committees in Parliament. I insist that even as we broaden the engagement of broad-based government, hon. Raila Amolo Odinga knows the history of this country. He has a track record of the rule of law.

He has also served as a Prime Minister before and there is nothing unique. Even as we push to amend Articles 256 and 257 of the Constitution 2010, at the moment, he can serve as the Prime Cabinet Secretary as we reorganise the Government going into the future. My brother, Sen. Methu, knows that we respect each other.

We are even pushing for enactment of the Office of the Official Leader of Opposition. As they fight in this formation, there is already a seat where people like Wajackoyah, Kalonzo Musyoka and the rest who will lose in 2027 after William Ruto is re-elected by the support of “Baba” will be automatically financed. We will give them offices and official cars. We will ensure they sit either in the Senate or the National Assembly. Those are recommendations in the NADCO Report. Therefore, no one will be termed as a loser.

February 19, 2025 SENATE DEBATES 39

Sen. Cherarkey

Services, Senate.

We hate seeing losers shouting at market centres and funerals. We want them to stop talking at funerals. We want them to come to the Floor of the House and critique the Government. I want to assure you that with the support of Raila Amolo Odinga, William Ruto will be elected by over 80 per cent.

Raila Amolo Odinga and William Ruto will be re-elected by over 80 percent for his second term. In 2032 people such as Sen. Eddy Oketch tunaweza kuanza kujipanga at that level

In conclusion, let us have an open mind. The young people of this nation sitting at the Public Gallery need our guidance and leadership. We must agree as a nation. In Tanzania, they do not care about tribes whether Chagga, Sukuma or Maasai. They only elect competent persons.

We need to have a tribeless leadership. I encourage the Minority side led by Sen. Olekina that even as we engage on a broad-based government, you must clean your house. We cannot be saying we have a broad-based government yet we have people who are opposing it within your ranks.

I know you are aware the person you are seated next to on your right. It is better to give that seat to Sen. Eddy Oketch and others so that we can have a one united front. Let us leave such Sen. Wambua to go and oppose Government freely instead of opposing form within.

This is a broad-based government. May it live long under the leadership of William Ruto and Raila Odinga.

I support.

February 19, 2025 SENATE DEBATES 40

Sen. Cherarkey

Services, Senate.

Mr. Temporary Speaker, Sir, we have started broad-based approach even within Parliament---

Sen. Methu

Services, Senate.

We as ODM, people from Migori and Nyanza, and I believe Kenyans do not make enemies because other people have enemies. We treat people with the same attitude that they treat us with. That is where we differ with people who celebrated the loss.

Sen. Abdul Haji

Would you wish to be informed by Sen. Cherarkey?

Sen. Cherarkey

He is a very serious and ranking Member. Let him inform me but briefly.

February 19, 2025 SENATE DEBATES 41

Sen. Cherarkey

Services, Senate.

Raila Amolo Odinga and William Ruto will be re-elected by over 80 percent for his second term. In 2032 people such as Sen. Eddy Oketch tunaweza kuanza kujipanga at that level

This is a broad-based government. May it live long under the leadership of William Ruto and Raila Odinga.

I support.

I thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity.

As the leader of the Migori County Delegation, I must say that on this Motion, my people who gave me the chance to be in this House are sad.

I will not lie that they were disappointed that Rt. hon. Raila Odinga did not become the Africa Union Chairperson. They had dreams and hopes that he would become the Chair so that he could be a bridge between excellence in the continent and our people in Kenya. The people of Migori County were championing and rooting for him. It is no question that they are sad.

In any sad situation whether death or losing an election as happened, if you are sad and somebody else is laughing, that person does not want the best for you. It does not matter whether whatever brings you sadness is something that brings them happiness. It just means that those people do not want good for you.

Mr. Temporary Speaker, Sir, anybody who has laughed at, and celebrated that loss we had in Ethiopia has got no best interest of our people at heart especially the delegation I am representing for Migori County.

I remember, Nelson was one day asked by a journalist on his take on the Cuban positioning as well as on Muamar Gadaffi. He told the journalist that many people thought their enemies are supposed to be South Africa’s enemies. Just because one has some enemies somewhere, they are not going to be ODM’s enemies.

February 19, 2025 SENATE DEBATES 42

Services, Senate.

Sen. Abdul Haji

Services, Senate. with the people of Africa. That dream must live with the Presidents of Africa. It is not a small dream. It is a dream for which some of us who went to Addis Ababa and saw what happened in Addis Ababa have picked.

We will continue with it, that one day, if not us, our children will see a united continent on the basis of economic excellence, on the basis of social justice, on the basis of politics that is good, that can advance the quality of life for the African people. Those dreams will not die because Raila Amollo Odinga cast them on that stage called the continental stage. So, it is not a light matter of just being in Kenya.

We have seen in this continent young people being radicalised because of lack of economic opportunities, economic emptiness, turning young people to be Al Shabaab militia, economic emptiness turning young people to be Boko Haram militia. We see that same kind of trend even in the continental stage today, that people who the country had no confidence in when they were serving at the highest level, when they were impeached in these Houses, radicalising even young people who are in this House.

You find young people being made to sing Mau Mau war songs, to dress like Mau Mau, to camp like Mau Mau, to start behaving like Mau Mau in a way that is radicalising people who are elected to come to this House to promote a concept of national unity, and promote a dream for young people in this country.

Therefore, we must start thinking of how opportunity and good policies for young people are made possible so that radicalisation of young people can stop not only in Kenya but in the continent.

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

Sen. Cherarkey

What is your point of order, Sen. Wakoli?

Mr. Temporary Speaker, this is an honourable House of high profile leaders. My good brother, Hon, Eddie, has alluded to the fact that hon. Members are dressed like, look like, have hair like Mau Mau. It is important for my good friend to have a responsibility of statement of facts by coming out clearly and showing us among Members here and those without this place, who is this that looks like Mau Mau so that the honorable House is cleared of any misconduct.

Thank you.

February 19, 2025 SENATE DEBATES 43

Services, Senate. worth living. Take big dreams and steps. Learn from hon. Raila. He has held big dreams from which we are benefiting today.

There are countries that have internet today but one cannot post things for fear of going to jail or dying. In our nation today, many young people enjoy not just the social platform but any kind of expression on those platforms.

It is not to be taken for granted that those rights that you are enjoying to be people who express yourself online are not just rights. They are rights that saw people like Raila Amollo Odinga battered, beaten and taken into detention for you to have those rights. So even as some people try to put him down, that valor, that courage and that tiring spirit must live among young people in the country called Kenya and in the African continent.

That said, Mr. Odinga did not just show up on this race as just a candidate who had no contribution made to our country and who just wanted a job.

On 27th February, 2024, Raila Amollo Odinga did express himself to the agenda and the vision that he was bringing to this position. I want to agree with what my brother, Sen. Kajwang’ said, that this vision that Raila had is not just a vision for the sake of getting an AU position. It is a vision that we, as leaders, in this country extended to leaders and other countries that believe in the African dream and more so extended to the leader from Djibouti, my brother Ali Youssouf, who has taken this position, must cast their eye upon because the African continent is constantly under threat.

The movement of goods, the movement of capital, the movement of labor in the continent to make a working economy is still a daydream that we have never achieved. Let me tell you, the issue of AU is not just about regional politics in the African Continent. It is also about global politics because we are competing with other continents as well. We have China, which is a nation and also as big as a continent with populations of over 1 billion people. We are competing with them. We have got America that we are competing with.

Do not think that the advancement of a common market in the African Continent is something pleasing to other people. Therefore, it is a commitment that cannot just be an issue of politics in the continent. It is an issue that the continent must commit to the dream that Raila had of making sure that goods and services can move with robust infrastructure.

Raila Odinga held a very strong view on why we must make sure that we silence the guns in the continent and ensure that there is security so that capital, goods and people can move in the continent and work and build a continent. Raila Odinga had the strong view that we need serious connectivity between Djibouti and Senegal, between Cape Town and Cairo, so that movement of people, goods and services can be easy.

He held a very strong view that the continent must have a single visa so that moving around the continent can be easy; so that a Kenyan who is born today without opportunities in the country called Kenya, can as well move to Nigeria easily or to Egypt easily and be able to find opportunity for themselves. That somebody in Egypt, who cannot find their talent and opportunities in Egypt, can move to Kenya and find opportunity that works for them. The dream of Raila Amollo Odinga was a continent where you are born does not define whether you die or you live. That dream must live

February 19, 2025 SENATE DEBATES 44

Therefore, we must start thinking of how opportunity and good policies for young people are made possible so that radicalisation of young people can stop not only in Kenya but in the continent.

Sen. Wakoli

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

Sen. Abdul Haji

What is your point of order, Sen. Wakoli?

Sen. Wakoli

Services, Senate.

I want to begin by saying that this is an important debate, which was moved very well by the Senate Majority Leader. However, when the debate began, then I wondered what happened between the time when he moved the Motion and when the debate began. From one side of his mouth, he said that he would want to listen to opinions and views from Members on where we may have gone wrong and lost this seat. On the other side of his mouth, he is insisting that we got it right. I wonder then what are we going to be debating.

Having said that, I want to begin by thanking His Excellency the Rt. Hon. Raila Amolo Odinga for offering himself to vie for this continental seat. The decision to offer himself in itself was a true demonstration of courage and the spirit of Pan-Africanism. I like and envy the energy of His Excellency Raila Amolo Odinga. He was able to move to every corner of the continent to convince presidents and heads of government to support his bid. That energy was enviable.

What really touched my heart was the fact that His Excellency Raila Amolo Odinga kept his cool throughout this process. From the campaigns, even to the election date and the announcement of the results, our leader kept his cool. I remember some people think that they are closer to these leaders than some of us. I want to disabuse that notion.

Before the Rt. Hon. Raila Amolo Odinga went to Addis Ababa for the election, I spoke to him on Tuesday. He was very clear in his mind what he was going to be doing. To me, the words that ring in my mind to date are that: “If I win, I win. If I lose, I lose. Whether I win or I lose, I am a Kenyan, I am a pan-Africanist.” That is courage beyond measure. I want to congratulate him for having the courage to go for the seat.

Mr. Temporary Speaker, Sir, when Hon. Raila went for this position, it was not about him. It was not about his party or his coalition. It was about Africa. It was about carrying the Kenyan flag highly on the African scene. His Excellency Raila did not disappoint. He carried the flag of our Republic on the continental scene and did the best that he could. We want to congratulate him. We also want to thank the presidents who voted for him. Garnering 22 votes throughout, I think three or four election cycles is not a simple feat. We want to thank the presidents who had faith in his leadership and voted for him.

There is another notion that I want to debunk on the Floor of the Senate. People say that His Excellency Raila does not accept defeat. His Excellency himself conceded defeat on the Floor of the Mandela House during this election.

What I want to say to those people who say that Raila does not accept or concede defeat is that if he loses fairly, he will accept as he did in Addis Ababa. If he loses unfairly, he will contest that election. He has done that before, and for that courage, I also want to thank and congratulate him. Kenya may have lost the election. We may not have brought the African seat home. However, I want to say that to a very great extent, as a country, we won our space on the African Continent. Let us continue, as much as we can, to be the pride of the region.

Let me also congratulate the winner of the election, Mahmoud Youssuf, and wish him well. We shall leave to fight this battle another day.

Thank you, Mr. Temporary Speaker, Sir. It seems like the good Senator from Bungoma is the only one from Jerusalem. I will send him pictures of Mau Mau; the people who fought and then he can make his judgment of people who look like Mau Mau.

That said, we must accept the negative that happened in this area called the fighting for this seat. I want to plead with the Senate Majority Leader that let us not be blind to the fact that foreign policy in this country is still not sober. There are positions that you can take as a people that must be based on our foreign policy. Today, whether you are a democrat or a Republican in the American politics, when it comes to certain issues, America has a clear foreign policy about them. I do not think we do not have a foreign policy that works. We do not have a domestic policy that works. If we have a

February 19, 2025 SENATE DEBATES 45

Services, Senate. strong domestic policy that works, then you extrapolate your foreign policy from your domestic policy.

What is our policy about businesses? Our businesses that are locally grown must be protected and taken care of. If that is our domestic policy, that becomes the interface with which we interact with the external world. If our foreign policy here around our resources is strong, that becomes the angle with which we relate with other countries.

It is no doubt that the first and the second round of Mr. Odinga’s vote, he had consistently been ahead of Djibouti. Even if we do not know who voted because it was secret ballot, we can say without a doubt that the shift started happening when the candidate for Madagascar dropped. When that happened, we saw the Djibouti candidate gaining votes.

Even if we are not mathematically sound, we can argue that the people who were voting for Madagascar shifted to Djibouti. That is an indictment to our foreign policy. Why did they shift in that direction? It means that we have not chosen, as a people that, on certain issues that are cross-cutting in the continent, whether it is the DRC war, the coups in the continent - there are a number of coups in the continent - the issue around Israel, the Commonwealth, all these issues must have one inclination towards a sober domestic policy that defines how we engage the external world.

It has to be that our nation must advance our national interest when we are approaching the world because that is the only way we survive as a country. There are a number of areas that I think this particular law gives us an opportunity as a nation, give the President an opportunity as our leader, give the Executive an opportunity as the Cabinet, and give us as a Parliament opportunity to be brave, courageous, honest to ourselves and interrogate the strength of our policy when it comes to our domestic inclination.

If we do not interrogate that and bury our heads in the sand, we will not be stronger tomorrow to face such wars.

Lastly, Hon. Raila Amolo Odinga, His Excellency Baba, is a person who has got zeal and zest to have a country that works. Even in instances where in past regimes, Baba has supported some elements of people in governance, he has never disregarded any opportunity to talk about the ills and excesses that are in Government, and the bad things that are going on in the country. Recently, when we were dealing with the issues of abductions, Baba Raila Amolo Odinga stood firm and fought the abductions. So did his soldiers who fought the issue of abductions. I can assure you that Hon. Raila Amolo Odinga does not need to be told where he is going to go. When he comes after resting, he will give us direction on where he stands and where he goes, and, therefore, speculations must stop---

Sen. Abdul Haji

Thank you, Senator. You may proceed, Sen. Wambua.

Thank you, Mr. Temporary Speaker, Sir. I also want to take this opportunity to join my colleagues in recording the thanks of the Senate on Kenya's attempt for the position of Chairperson of the AUC.

February 19, 2025 SENATE DEBATES 46

Services, Senate.

Let me also congratulate the winner of the election, Mahmoud Youssuf, and wish him well. We shall leave to fight this battle another day.

February 19, 2025 SENATE DEBATES 47

Services, Senate.

Having said that, the question that the Senate Majority Leader posed, and I would have wished that he was here, on what it is that we could have done wrong, and what could we have done better? I think that is where the conversation should sit. Unfortunately, our foreign policy does not seem to be serving our national and regional interests in the way that it should.

I heard Sen. Onyonka being put to task to substantiate the obvious. I just want to urge our colleagues, all of us, to be truthful to facts and the reality of our time. In December, 2023, the Congo River Alliance (CRA), bringing together opposition politicians from the DRC and the March 23 Movement (M23), the rebel group, in Nairobi and they launched their operation in Nairobi. It is open to everyone, even school children, on that account alone, that Kinshasha withdrew their envoy.

At the same time, Kinshasa even threatened to withdraw from the East African community (EAC) and actually recalled their ambassador who was sitting in Tanzania. The question that we should ask ourselves is, if we had handled this matter of M23 in Nairobi differently, would the results have been different?

Mr. Temporary Speaker, Sir, I listen to colleagues speak at times and I wonder, if

singing. He will say it as it is. I am very sure that on the matter of the activities of M23 and the Congo River Alliance in Nairobi, he takes a very different view from the view taken by the National Executive of Kenya.

The quest for the AUC chairmanship is not the end of Kenya's quest for leadership in the region. There will be other positions that other Kenyans are suitable for. I want, for the avoidance of doubt, to state that some of us consistently have believed in the leadership of Raila Amolo Odinga. We have campaigned and voted for him for many years. The people that speak here as though they know and support Raila Odinga more than other people, have never voted for him, even once. If anything, they have demonised him the most.

The engagement of Kenya and our neighbours is not ending with the end of the elections in Addis Ababa. What we allowed to happen on our capital yesterday was not right and we must tell this Government as much.

Allowing the operations of the Rapid Support Forces (RSF) from Sudan in Nairobi and even begin the process of forming a government from Nairobi is like shooting ourselves in the foot. That is exactly what we are doing. If we do not see these things for what they are, then we have lost it.

Who are the members of the RSF movement? We all know them. The greatest component of the RSF is Janjaweed militias. The history of Janjaweed, for those who do not know, is recorded in all books of history of their involvement in the crisis in Darfur, the killings, torture and maiming of people. Despite that, we still allow those groups to come to Nairobi and pretend to form a Government of Sudan from Nairobi. What do we expect?

February 19, 2025 SENATE DEBATES 48

Sen. Olekina, you may proceed.

Sen. Abdul Haji

Thank you, Mr. Temporary Speaker, Sir. Let me begin by congratulating the Rt. Hon. Raila Amolo Odinga for being a statesman and seeing where the elections were heading where we would not have a Chairperson to represent the African Union in the Secretariat and administrative organ. If he did not concede defeat early, we would have had a situation where the elections could be repeated over and over again.

What the Rt. Hon. Raila Amolo Odinga demonstrated in the African Continent is that as the leader, he has not always been there for his own gain. It has never been about Raila Amolo Odinga. It has always been about the good of the continent.

When I was a young student at the University of Massachusetts, in my third year, I took a course in international relations. That is when I knew the complexity that exists when it comes to dealing with issues of international relations.

The African Continent was subdivided into two: Anglophone and Francophone. These two separate ideologies are very complex. Anglophone countries have always demonstrated progress and shown the way forward. Unfortunately, most of the francophone countries have always been left behind. You can see, even in the reasoning and the development of our countries. Anglophone countries have managed to leapfrog in different sectors. If we look at Kenya as an example, Kenya developed the first money

Bw. Spika wa Muda, ninakushukuru sana kwa nafasi hii. Naona ndugu zangu upande wa walio wachahe kwa leo wanatabasamu kwa sababu ya kongole

February 19, 2025 SENATE DEBATES 49

Services, Senate. na sifa ambazo tunamminia Mheshimiwa Raila Amolo Odinga kama mpeperushaji bendera katika Afrika kuwakilisha nchi ya Kenya.

Mgala muue na haki umpe. Mheshimiwa Raila Amolo Odinga amekuwa kielelezo cha ustahimili wa demokrasia katika nchi ya Kenya. Amedhihirisha kujitolea mhanga kutetea haki za mnyonge wa nchi ya Kenya, kutuliza mawimbi ya kisiasa na vile vile kunyoosha mkono wa heri njema kwa wapinzani wake wa kisiasa tukitangulia na Marehemu Rais Daniel Arap Moi, Mwai Kibaki, Uhuru Kenyata na sasa Rais William Ruto.

Hizi ni sifa za viongozi ambao kwao Afrika ilikuwa inaona nyota na nyota ilikuwa imeang’aa kule angani. Afrika imepoteza kiongozi shupavu aliye na msimamo na anayeheshimu itikadi na falsafa tofauti katika Afrika. Ni kiongozi ambaye anaelewa changamoto za watu wa Afrika; tajriba aliyonayo katika siasa za nchi ya Kenya na kwamba alikuwa mmojawapo wa viongozi katika Umoja wa Afrika aliyekuwa anashinikiza na kusimamia miundo mbinu katika Afrika na nchini humu.

Mheshimiwa Raila Amolo Odinga amekuwa mtetezi wa haki za kibinadamu. Juzi, amepasua mbarika na kupeana msimamo wake kuhusiana na vifo na kupotea kwa Wakenya. Mheshimiwa Raila Amolo Odinga, na wengine vile vile amekuwa mmojawapo wa wale ambao wamekuwa wakishinikiza serikali za kipebari kubadilisha mfumo na kuongoza nchi zao kwa matawi na katika kufuata katiba za nchi hizo.

Mheshimiwa Raila Amolo Odinga vile vile ameonyesha dunia nzima na Afrika kwamba ni lazima kufanya biashara kati ya nchi za Afrika, kuboresha uchumi wa nchi za Afrika. Hii ilidhihirika walipoungana na Mheshimiwa Mwai Kibaki kuleta mfumo mpya wa kiuchumi na kusisimua uchumi wa Afrika.

Nimesikiliza Seneta wenzangu wakitaja na kupokezana makonde ya kisiasa kuhusiana ni nani ambaye anamfuata Raila Amolo Odinga kwa haki na matendo. Mimi ninaomba ya kwamba tusiwe vinanda vya kisiasa lakini tutende kulingana na maazimio ya Wakenya.

Raila Odinga anashinikiza kuwe na demokrasia na vyama vya kisiasa. Viongozi walioko hapa lazima wasimame kidete na tuseme kwamba katiba inakubali vyama vya kisiasa. Katiba inakubali kwamba kuwe na uhuru wa kisiasa na mahusiano ya kisiasa. Ninataka kuona viongozi wenzangu chipukizi tunaposimama kando na kuwa vinanda vya kisiasa, sisi sasa tuwe watunzi wa nyimbo za demokrasia na kutetea hadhi na falsafa ya demokrasia katika nchi ya Kenya.

Mheshimiwa Raila Amolo Odinga amepigana vita dhidi ya ufisadi. Ninaamini kuwa angetua uongozi wa jumuia ya Afrika angeongoza mapambano dhidi ya ufisadi katika nchi za Afrika.

Changamoto nyingi zinazoendelea katika nchi za Afrika pamoja na vita vinavyoendelea ni kutokana na ufisadi. Mimi ninaomba kuwa, kutokana na Seneti tuone viongozi wakisimama kidete kupigana vita dhidi ya ufisadi katika nchi ya Kenya.

Raila Amolo Odinga amedhihirisha kwamba kusulubiwa kisiasa sio mwisho wa safari. Aliwekwa korokoroni na akaondoka. Bibilia inasema Paulo na Sila waliomba milango ya gereza ikafunguliwa. Wengine wetu ni wajukuu wa kisiasa. Tumewahi kuwekwa korokorono na tukatoka. Kile tunataka kushukuru Mheshimiwa William

February 19, 2025 SENATE DEBATES 50

Services, Senate. Samoei Ruto ni kwamba alijitokeza mhanga akamshika mkono Mheshimiwa Raila Amolo Odinga. Viongozi wote wa upinzani na wasiokuwa wa upinzani walitembea na nyinyi katika baraste ya kuombea Mheshimiwa Raila Amolo Odinga afueni na atuee ushindi katika Afrika na nchi ya Kenya.

Ninaomba tuendelee kufanya kazi na majadiliano kwa pamoja, na pia tupiganie haki za Mkenya na Afrika. Ipo siku itakakuja tutaulizwa yale tuliyoyatenda kwa mujibu wa Katiba na ujio wa siasa za nchi ya Kenya.

Kwa hayo mengi, kwa niaba ya watu wa Jimbo la Bungoma, watu wa Mkoa wa Magharibi na Chama cha Kisiasa na ambacho kimebobea na kina ukomavu mkubwa wa kisiasa, chama cha FORD-Kenya; chama kilichokuwa uwasisi wa demokrasia katika nchi ya Kenya, tunampa heko na kongole Mheshimiwa Raila Amolo Odinga kwa kupeperusha bendera ya nchi ya Kenya.

Pia, tunamshukuru Rais William Ruto kwa kujitokeza mhanga kama Rais wa nchi ya Kenya na kutembea na Mkenya mwenzake.

Ningewaomba wale wenzangu ambao wana wivu na inda mioyoni mwao kuhusiana na Raila Amolo Odinga, iwapo hauwezi kupiga hatua mbele, usimwonee mwenzio aliye na hesabu na uwezo wa kupiga hatua mbele kwa sababu hatua hiyo ndiyo Kenya inastahili kuchukua ili tulete ukombozi na urejesho katika nchi yetu.

Mheshimiwa Raila Amolo Odinga ninakutakia maisha mema unapoendelea kuongoza mchakato wa demokrasia na kuungana na Mheshimiwa William Ruto. Sitaki kumsahau papa wa Roma, Spika wa Bunge la Kitaifa, ambaye yuko papo hapo kuhakikisha Kenya inasonga mbele.

Asante sana na Mungu awabariki.

Sen. Abdul Haji

Sen. Olekina, you may proceed.

Services, Senate. National Assembly will make a difference for once. I want to congratulate his Excellency Raila Amollo Odinga once again for the spirited effort.

Lastly, I wish I had more time. Let me take 30 seconds to condole with the family of our departed brother, William Cheptumo. This is a gentleman who I knew very well. I admired his dedication to the rule of law. I admired his reasoning when it comes to argument that has to do with the Constitution. He will be missed. I want to tell the family that we are together and we will forever pray with you.

February 19, 2025 SENATE DEBATES 51

Hon. Senators, it is now 1.00 p.m., time to adjourn the Senate. The Senate Stands adjourned until later today, Wednesday, 19th February at 2.30 p.m.

The Senate rose at 1.00 p.m.

February 19, 2025 SENATE DEBATES 52

Services, Senate. messages I receive about the potential of my own County of Narok when it comes to minerals are overwhelming. I receive text messages about the potentials of where my good friend, the Vice Chair of the County Public Accounts Committee (CPAC), comes from. The potential of Taita-Taveta and Kwale in terms of the mining sector is enough to help us leapfrog.

There is this current debate where America is talking about America first and Germany is talking about Germany first. They are saying that if you are a foreigner, you should ship off and go back to your country. It is time we took that unfortunate policy direction to make it better for us. Always take something negative and make something positive out of the outcome. If we get these African brains who are economic refugees in America or Germany come back and commit themselves in our continent, we can make a lot of progress.

Mr. Temporary Speaker, Sir, this is a great opportunity for us to have discussions on how we are going to end poverty on the African Continent. It is going to end poverty in this African continent. Not only to talk to talk about the war in Democratic Republic of Congo (DRC).

It is only the wearer of the shoe who knows where it hurts the most. When people criticize the President of Rwanda for taking a particular position when it comes the conflict in the DRC, they are not the ones who are going to receive all those refugees that are going to run into that small country. It is only him who knows the position.

When my colleagues criticize the current President of this Republic that he should have taken a different position that the Southern African Development Community (SADC) wanted, yet his Excellency President Ruto is the Chair of the East African Community, what do they expect him to do? To go there and deviate from the role that the EAC wants? Do they want him to go and give his vision?

I think it is important for all of us to understand the dynamics in place, what is in our interest. If our neighbours are stable, it helps this country. If Rwanda is stable, Kenya is assisted. If Tanzania is stable, we are able to trade with them.

When we say that SADC want a particular position, do we even go back and ask ourselves what the positions is and what is fueling it? One needs to take some time and try to understand the dynamics. The DRC has a lot of minerals. South Africa also has a lot of minerals. Anyone who would want to have a position contrary to other superpowers want would want to align themselves in a position whereby they say, “we are developing these minerals for ourselves, so let us put our interests together. If we just jump in and declare the way to go, we might end up being isolated.”

What Rt. Hon. Raila did is something for which I will always remember him as someone who has put the interests of not only Kenya but African Continent first before his own personal interest.

Some of us in some of our personal moments, contemplate and say that since the position of the AU Chair is to on policy, economy, politics as well as social affairs, why do we not split the Commission into two and then converge? Why do we not let the Anglophone countries have one commissioner while Fracophone counties have another so that we then converge?

February 19, 2025 SENATE DEBATES 53

Services, Senate.

Mr. Temporary Speaker, Sir, the now current Chair of the AU is talking of “They came with all these, but we came with God” instead of advancing together as one since the elections are over. What would one conclude? In my conclusion, our differences in terms of cultural upbringing will never help us to see as that as diversity but will always sow differences among us.

In this world, there are people who give advice differently. Some will tell you that if a certain finger is longer than their index finger, then it means they are rich. They will always believe that without understanding that as a mere body structure.

Mr. Temporary Speaker, Sir, when it comes to our foreign policy, we focus on how to ease trade among our African countries. I want us to see how we can utilise the Nile. The source of the Nile is in East Africa. It is the only river that goes up, that East Africa does not control. How can you not control the source of your river? It is controlled in Egypt. Ethiopia and Egypt fight over it, but the source of it is in Uganda and Kenya. So, really, it is time for us now to start asking ourselves how are we going to benefit from our own resources. We cannot be slaves of our own resources.

We now have to sit down and ask ourselves, now that we failed in making sure that we have Raila Amollo Odinga as a chairperson of the African Union Commission, why do we not rethink and bring it back home and say we have the East African Community? Can we set up an East African Commission that will look at our policy, politics, economic affairs, social affairs and try to figure out how we create this shock absorber?

Today, when you hear a president taking a position--- I think those wise men who set up the African Union Commission and put up a chairperson were very wise because they did not want the president taking a particular position. They said, let us seek advice from an expert. That is why they sat up. I think we need to start changing also looking at home, close to home, the East African Community.

It will be important, that in the East African Community we achieve the goal of Julius Kambarage Nyerere, Mzee Jomo Kenyatta and that of Milton Obote. These are distinguished men who came before us. They are the ones who said, as a community, let us live together. If today you spend time with the President of Uganda, the only thing he will talk about is the ideas of Julius Nyerere, the ideas of Milton Obote, the ideas of Jomo Kenyatta. Let us now bring this debate back home. Let us stop whining and saying, we lost because of this and that. Let us build our East African Community.

Let us set up a commission here that will guide us. We need to end poverty in Kenya. It is wrong, for us as politicians, that every day you wake up--- If you wake up in the morning, like 3.00a.m and you just want to pray and you accidentally take your phone to remind you on the subject that you wanted to pray about, the first text message that comes is ‘Mheshimiwa, my mother is very sick, I need X amount of money’.

I long for the time when in Kenya no one will ever pick up a phone and send to a politician a message to say please help pay for my medical bill because our healthcare will work, because our road infrastructure will work and our education system will work. That is where we should put all our effort in. I believe that when we come together, President William Ruto, Raila Amollo Odinga working together, this Senate and the

February 19, 2025 SENATE DEBATES 54