Wednesday, 21st February, 2024 Morning Sitting

Clerk, do we have a quorum?

Proceed to call the First Order.

Proceed, Sen. Cheptumo.

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

THAT AWARE THAT, cattle rustling/banditry is a major menace and security threat in the South and North Rift regions and some other regions of the country;

CONCERNED THAT, the menace has since left irreparable and negative socio-economic impact which include but are not limited to increased number of widows, widowers, orphaned children, poverty, displacement of people leading to Internally Displaced Persons (IDPS) , disruption of educational health programmes and other economic activities owing to the destruction and/or closure of educational, health and other institutions;

Senate.

FURTHER CONCERNED THAT, the people living in the affected regions have been denied the enjoyment of their social, economic and political rights as guaranteed to them under the Bill of Rights as enshrined in Chapter Four of the Constitution;

NOW THEREFORE, the Senate resolves that the National Government through the Ministry of Interior and National Administration and in collaboration with the Council of Governors:

said region and the Country at large;

(ii) establishes the extent of suffering, loss and damage the cattle rustling/banditry has occasioned to the communities in all the affected Counties;

compensating all victims of cattle rustling and banditry and settle all Internally Displaced Persons (IDPs) occasioned by the menace.

I thank you, Mr. Speaker, Sir.

Next Order.

Hon. Senators, we had five Questions due for response today. Unfortunately, we do not have the Cabinet Secretaries (CSs) present today for purposes of responding to these Questions. The absence was well explained during the Senate Business Committee (SBC) .

Therefore, it was agreed that these Questions will come up for response next week. Therefore, we will not have the Question time today.

Question No. 001

Senate.

Question No. 003

Senate.

Canvassing on the clauses was already concluded and so we are proceeding to Division. I would like to request the Serjeants-at-Arms to ring the Division Bell for 5 minutes.

Senate. County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana county; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Mwaruma, Taita-Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Onyonka, Kisii County; Sen. Seki, Kajiado County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County, and, Sen. Wambua, Kitui County.

Sen. Kisang is absent.

The Temporary Chairperson (Sen. Mumma) : Sen. Olekina, kindly, come and vote.

Sen. Olekina, kindly, come and vote. (Sen. Olekina approached the Dispatch Box) (Vote tallying in progress)

Senate.

Senate. County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Joe Nyutu, Murang’a County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Mwaruma, Taita Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Seki, Kajiado County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

Senate. Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; Sen. Wambua, Kitui County.

Senate.

AYES: 34 NOES: Nil. ABSENTIONS: Nil.

Senate.The Temporary Chairperson (

Hon. Senators, there is a small hitch on the Agriculture and Livestock Extension Service Bill (Senate Bills No.12 of 2022). As they correct it, let us move on to the next one.

Senate.The Temporary Chairperson (

Senate. amended), Clauses 20,21,22,23,24, New Clause 22 A, Clause 2, The Title and Clause 1

be part of the Bill put, and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Joe Nyutu, Murang’a County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Mungatana, , Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Mwaruma, Taita Taveta County; Sen. Seki, Kajiado County; Sen. Ogola; Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

We now move to Clauses with amendments.

Senate. amended), Clauses 20,21,22,23,24, New Clause 22 A, Clause 2, The Title and Clause 1

be part of the Bill put, and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Joe Nyutu, Murang’a County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Mungatana, , Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Mwaruma, Taita Taveta County; Sen. Seki, Kajiado County; Sen. Ogola; Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

Senate.

AYES: Sen. Abass, Wajir County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Joe Nyutu, Murang’a County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Mwaruma, Taita Taveta County; Sen. Seki, Kajiado County; Sen. Ogola; Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

Senate. amended), Clause 23 (as amended), Clause 24 (as amended), Clause 25, Clause 26 (as amended), Clause 27 (as amended), Clause 28 (as amended), Clause 29, Clause 30 (as amended), Clause 31, Clause 32 (as amended), Clause 33 (as amended), Clause 34, Clause 2 (as amended), the Title and Clause 1 be part of the Bill, put and the Senate

proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Joe Nyutu, Murangá County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Lomenen, Turkana County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Mwaruma, Taita Taveta County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; Sen. Wambua, Kitui County; Sen. Wafula, Bungoma County;

Hon. Senators, the results for that Division are as follows-

We now move back to the Agriculture and Livestock Extension Services Bill (Senate Bills No. 12 of 2022)

Sen. Ogola, Sen. Sifuna and Sen. Oketch Gicheru approach the Chair.

Senate.

Hon. Senators, the results for that Division are as follows-

Sen. Abass, Sen. Sifuna, Sen. Oketch Gicheru and Sen. Kavindu Muthama please go and vote.

Senate. Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County, and Sen. Wambua, Kitui County.

Hon. Senators, the results for that Division are as follows-

Senate.

Senate.

Senate.

Senate.

Thank you, Madam Temporary Chairperson. I beg to move - THAT the Bill be amended by inserting the following new clause immediately after Clause 56 —

56A. (1) The Cabinet Secretary for matters related to finance may, on application, grant an income tax exemption to a parent or guardian of a person suffering from severe disability if such person is in the care and custody of the parent or guardian.

Senate.This will not just give relief, but release a huge burden that is placed upon these parents and caregivers who have no other choice, but of course, to take care of the child. What else would they do? Give them away? No! Let them stay in the hospital? No! Let them be isolated in their homes? Of course, not. These parents need this support and I beg the rest of the House to support this new amendment in Clause 56(A).I thank you. (Question of the amendment proposed) The Temporary Chairperson (

Thank you, Senator. We are now moving into the Division on the new clauses.

Senate.The Temporary Chairperson (

We now move to Clauses with amendments. Sen. Korir, please vote.

Senate.

Senate.

Thank you, Madam Temporary Chairperson. I beg to Move that the Committee do report to the Senate its consideration of the Equalization Fund Appropriation Bill (Senate Bill No.30 of 2023) and its approval thereof with amendments.

Thank you Madam Temporary Chairperson. I beg to Move that the Committee do report to the Senate its consideration of the County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) and its approval thereof with amendments.

Madam Temporary Chairperson, I beg to move, that the Committee report to the Senate its consideration of the Kenyan Sign Language Bill (Senate Bills No.9 of 2023) and its approval thereof with amendments.

Thank you, Madam Temporary Chairperson. I beg to Move that the Committee do report to the Senate its consideration of the Mung Beans Bill (Senate Bill No.13 of 2022) and its approval thereof with amendments.

Thank you, Madam Temporary Chairperson. I beg to Move that the Committee do report to the Senate its consideration of the Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) and its approval thereof with amendments.

The Temporary Chairperson (Sen. Mumma) : Hon. Members, we are now done with the Committee of the Whole.

Madam Temporary Chairperson, I beg to move, that the Committee report to the Senate its consideration of the Persons with Disabilities Bill (Senate Bills No.7 of 2023) and its approval thereof with amendments.

Senate.

Madam Temporary Chairperson, I beg to move, that the Committee report to the Senate its consideration of the Kenyan Sign Language Bill (Senate Bills No.9 of 2023) and its approval thereof with amendments.

I now call upon the Mover. The Chairperson Committee on Finance and Budget.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.

Hon. Senator, hold on. The Clerk-at-the-Table will guide you. Mover, proceed.

Thank you, Madam Temporary Chairperson. I beg to Move that the Committee do report to the Senate its consideration of the Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) and its approval thereof with amendments. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Mr. Speaker, Sir, I second.

I now call upon the Mover to proceed.

Senate.

Division will be at the end.

Thank you, Mr. Temporary Speaker, Sir. I beg to report that the Committee of the Whole has considered the Equalization Fund Appropriation Bill (Senate Bills No.30 of 2023) and its approval thereof with amendments.

I now call upon the Mover. The Chairperson Committee on Finance and Budget.

Senate.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) and its approval thereof with amendments.

The Mover.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.

I propose Sen. Seki to second.

Mr. Temporary Speaker, Sir, I second.

Mover, proceed.

Mr. Temporary Speaker, Sir, I beg to move that The County Licensing (Uniform Procedure) Bill (Senate Bills No. 9 of 2022) be now read a Third Time.

I propose Sen. Okenyuri to second.

I second.

The Next Bill, Hon. Members, I Call upon the Chairperson to Report on The County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) .

Senate.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) and its approval thereof with amendments.

The Mover.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.

I propose Sen. Seki to second.

Mr. Temporary Speaker, Sir, I second.

Senate.

The Mover, proceed for Third Reading.

Mr. Temporary Speaker, Sir, I beg to move that the Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) , now be read a Third Time.

I request my Senator for Nairobi City, Sen. Sifuna, to second.

Mr. Temporary Speaker, Sir, I second.

The next Bill to be reported by the Chairperson is on the Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) .

I call upon the Chairperson to report on the Mung Beans Bill (Senate Bills No.13 of 2022) .

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Mung Beans Bill (Senate Bills No.13 of 2022) and its approval thereof with amendments.

The Mover to move to agree on the report.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.

I do request the Senator for Kericho County, Sen. Cheruiyot, to second.

Senate.

The Mover, proceed for Third Reading.

Mr. Temporary Speaker, Sir, I beg to move that the Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) , now be read a Third Time.

I request my Senator for Nairobi City, Sen. Sifuna, to second.

Mr. Temporary Speaker, Sir, I second.

Division will be at the end.

I call upon the Chairperson to report on the Mung Beans Bill (Senate Bills No.13 of 2022) .

I call upon the Chairperson to report on the Start-up Bill (Senate Bills No.14 of 2022) .

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Start-up Bill (Senate Bills No.14 of 2022) , and its approval thereof with amendments.

The Mover to move to agree on the report.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.

I call upon Sen. Omtatah to second.

Mr. Temporary Speaker, I second.

I call the Mover to move the Third Reading.

Mr. Temporary Speaker, Sir, I beg to move that the Start-up Bill (Senate Bills No.14 of 2022) be now read a Third Time.

The Temporary Speaker

: Propose somebody to second.

Thank you. I call upon Sen. Sifuna to second. Sen. Sifuna: I second, Mr. Temporary Speaker, Sir.

Senate.

I call upon the Chairperson to report on the Start-up Bill (Senate Bills No.14 of 2022) .

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Start-up Bill (Senate Bills No.14 of 2022) , and its approval thereof with amendments.

Senate.

Sen. Crystal Asige, proceed to move the Third Reading.

I call upon

Mr. Temporary Speaker, Sir, I second.

Division will be at the end.

Hon. Members, I call upon the Temporary Chairperson to report on the Kenyan Sign Language Bill (Senate Bills No.9 of 2023) .

Hon. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Kenyan Sign Language Bill (Senate Bills No.9 of 2023) and its approval thereof with amendments.

The Temporary Speaker

: Sen. Crystal Asige, proceed to move agreement to the report.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.

I call upon Sen. Mwaruma to second. Sen. Mwaruma: Mr. Temporary Speaker, Sir, I second.

I second, Mr. Temporary Speaker, Sir. (Question proposed)

Division will be at the end.

I call upon the Temporary Chairperson to report on the Persons with Disabilities Bill (Senate Bills No.7 of 2023) .

Hon. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Persons with Disabilities Bill (Senate Bills No.7 of 2023) and its approval thereof with amendments. The Temporary Speaker (

Sen. Crystal Asige, proceed to move agreement to the report.

Senate. MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Okiya Omtatah, Busia County; Sen. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

Teller of the Ayes: Sen. Miraj.

I beg to move that the House do agree with the Committee on the said report. I call upon

Hon. Members, we now have results for the voting. With regards to the Equalisation Fund Appropriation Bill (Senate Bills No.30 of 2023) , the results are as follows:

Mr. Temporary Speaker, Sir, I second.

Senate.

Sen. Crystal Asige, proceed to move the Third Reading.

The results on the County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) are as follows:

Mr. Temporary Speaker, Sir, I second.

Division will be at the end.

Hon. Members, I call upon the Temporary Chairperson to report on the Kenyan Sign Language Bill (Senate Bills No.9 of 2023) .

Hon. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Kenyan Sign Language Bill (Senate Bills No.9 of 2023) and its approval thereof with amendments. The Temporary Speaker (

Sen. Crystal Asige, proceed to move agreement to the report.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I call upon

Senate.

Mr. Temporary Speaker, Sir, I second. (Question proposed) (Question put and agreed to)

Sen. Crystal Asige, proceed to move the Third Reading.

The results for the Start-up Bill (Senate Bills No.14 of 2022) are as follows:

Mr. Temporary Speaker, Sir, I second.

Senate.

The results for the Persons with Disabilities Bill (Senate Bills No.7 of 2023) are as follows:

Senate.

Hon. Members, we now have results for the voting. With regards to the Equalisation Fund Appropriation Bill (Senate Bills No.30 of 2023) , the results are as follows:

Senate. County; Sen. Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

Teller of the Ayes: Sen. Miraj.

The results on the County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) are as follows:

Thank you, Mr. Temporary Speaker, Sir for this chance. I rise to move the following Motion-

THAT, AWARE THAT the 2024 Budget Policy Statement (BPS) was tabled in the Senate on 15th February, 2024 for consideration pursuant to the provisions of the Public Finance Management Act;

THAT, AWARE THAT, the 2024 BPS was tabled in the Senate on 15th February, 2024 for consideration pursuant to the provisions of the Public Finance Management Act;

NOTING THAT, the 14 days timeline for consideration of the BPS lapses on Thursday, 29th February, 2024;

CONCERNED THAT, the magnitude of the work involved in the consideration of the BPS is immense as it involves consideration by all Standing Committees, stakeholder engagement, reporting by the Standing Committees to the Standing Committee on Finance and Budget and consideration and approval of the Report of the Standing Committee on Finance and Budget by the Senate;

NOW THEREFORE, notwithstanding the provisions of Standing Order No.186 of the Senate Standing Orders, the Senate resolves to extend the time for consideration of the 2024 BPS by a further seven days to enable the Senate make a determination by 7th March, 2024.

Mr. Temporary Speaker, Sir, I am a bit embarrassed because if there is work that the Senate has neglected and if you read all the BPS reports from the time I joined the Senate, you will find that each year, we need to extend the timeline for consideration of the BPS by a further seven days to make them 21 days. It is in every report of 2013, 2014, 2015 and I am sure that in 2024, it will be there. Yet we never do that until the next cycle of the BPS.

Mr. Temporary Speaker, Sir, I give notice to the Members who serve in the Committee on Finance and Budget to lead the House in making that amendment. We must stop the last-minute rush to hurriedly consider a very important policy document that involves the overall management of our economy and having to force Committees to hold hearings within short periods.

Mr. Temporary Speaker, Sir, this is just a procedural Motion to allow us, at least for the last time, that we do this extension because this is not something I am proud to be doing. However, we must do it because the House must make good judgment on the BPS and react to it.

Senate.

As Members, we will have a chance to speak on the BPS during the substantive report. I will say little of it and I request the Senate Minority Leader, Sen. Madzayo, to second so that we dispense off with this matter, hopefully not anticipating debate, but before the rise of the House at one o’clock.

The Senate Minority Leader (Sen. Madzayo): I second, Mr. Temporary Speaker, Sir.

The results on the Mung Beans Bill (Senate Bills No.13 of 2022) are as follows:

I thank you, Mr. Temporary Speaker, Sir. I support the Motion by the Senate Majority Leader on extension of time for the consideration of the BPS.

Mr. Temporary Speaker, Sir, even as we move towards that extension, a way must be found for the input of the Senate on the BPSs to be considered. Many a time, we have engaged in what I will call largely a wild goose chase. This is whereby the committees of

Proceed, Sen. Mandago.

Senate.

The “Ayes” have it.

The results for the Persons with Disabilities Bill (Senate Bills No.7 of 2023) are as follows:

Senate.

Hon. Senators, the results for that Division are as follows-

Hon. Members, we are now done with the Division. Serjeant-at-Arms, you can now draw the Bars and open the Doors.

Hon. Senators, pursuant to Standing Order No.84 (1) , I make a determination that this Motion does not affect counties and proceed to put the question.

The Senate Majority Leader, proceed to move the Motion.

Thank you, Mr. Temporary Speaker, Sir for this chance. I rise to move the following Motion-

THAT, AWARE THAT the 2024 Budget Policy Statement (BPS) was tabled in the Senate on 15th February, 2024 for consideration pursuant to the provisions of the Public Finance Management Act;

THAT, AWARE THAT, the 2024 BPS was tabled in the Senate on 15th February, 2024 for consideration pursuant to the provisions of the Public Finance Management Act;

NOTING THAT, the 14 days timeline for consideration of the BPS lapses on Thursday, 29th February, 2024;

CONCERNED THAT, the magnitude of the work involved in the consideration of the BPS is immense as it involves consideration by all Standing Committees, stakeholder engagement, reporting by the Standing Committees to the Standing Committee on Finance and Budget and consideration and approval of the Report of the Standing Committee on Finance and Budget by the Senate;

NOW THEREFORE, notwithstanding the provisions of Standing Order No.186 of the Senate Standing Orders, the Senate resolves to extend the time for consideration of the 2024 BPS by a further seven days to enable the Senate make a determination by 7th March, 2024.

Mr. Temporary Speaker, Sir, I am a bit embarrassed because if there is work that the Senate has neglected and if you read all the BPS reports from the time I joined the Senate, you will find that each year, we need to extend the timeline for consideration of the BPS by a further seven days to make them 21 days. It is in every report of 2013, 2014, 2015 and I am sure that in 2024, it will be there. Yet we never do that until the next cycle of the BPS.

Mr. Temporary Speaker, Sir, I give notice to the Members who serve in the Committee on Finance and Budget to lead the House in making that amendment. We must stop the last-minute rush to hurriedly consider a very important policy document that involves the overall management of our economy and having to force Committees to hold hearings within short periods.

Mr. Temporary Speaker, Sir, this is just a procedural Motion to allow us, at least for the last time, that we do this extension because this is not something I am proud to be doing. However, we must do it because the House must make good judgment on the BPS and react to it.

Senate.As Members, we will have a chance to speak on the BPS during the substantive report. I will say little of it and I request the Senate Minority Leader, Sen. Madzayo, to second so that we dispense off with this matter, hopefully not anticipating debate, but before the rise of the House at one o’clock.

I second, Mr. Temporary Speaker, Sir.

Hon. Members, I call upon any Member who would like to contribute to this Motion to do so.

Mr. Temporary Speaker, Sir, I would like to support very briefly the extension of time. Contrary to what our Senate Majority Leader, Sen. Cheruiyot has said, it is not the problem of the Committee on Finance and Budget. The Standing Committee on Energy received the BPS yesterday.

When we looked at and analysed it, there were many issues. We were told that by Thursday, we should have finished and given our report to the Committee on Finance and Budget. We had many questions for the Cabinet Secretary. For example, how are they intending to make Kenya Power Company more profitable? It has huge debts and yet, they are talking about allocating it more funds. There are many issues within the petroleum sector as well.

Mr. Temporary Speaker, Sir, we are still being told to give our report by Thursday. There was no opportunity to bring in the Cabinet Secretary to clarify why his Ministry is asking for the kind of money they are asking for, their justifications and what is needed to do. We need more time so that we can engage them. It is not possible for us to receive that report on a Tuesday morning and then on a Thursday, we are supposed to give it to the Committee on Finance and Budget. When do you get the Cabinet Secretary or his officers to come and explain what is in the BPS paper?

For example, they have said that affordable housing is a critical anchor for our administration yet there is no clear plan in this BPS paper. There are no specifics or explanations on how they are going to fit in those new units, but these new units will require electricity. Right now, we have a shortage of electricity meters and we need the Cabinet Secretary to come and explain all these things before we give the Committee on Finance and Budget our report.

Mr. Temporary Speaker, Sir, I truly support the extension of time, so that Committees can have the opportunity to engage with State Departments and get clarification on this BPS. This will enable us give a good report which we will debate when it is tabled by the Committee on Finance and Budget.

Sen. Wambua.

I thank you, Mr. Temporary Speaker, Sir. I support the Motion by the Senate Majority Leader on extension of time for the consideration of the BPS.

Mr. Temporary Speaker, Sir, even as we move towards that extension, a way must be found for the input of the Senate on the BPSs to be considered. Many a time, we have engaged in what I will call largely a wild goose chase. This is whereby the committees of

Senate. the Senate sit and consider the statement; they have their input. It is forwarded to the relevant authorities, but never considered.

Mr. Temporary Speaker, Sir, I painfully remember that in the last bipartisan years, there was concern across the aisle on an attempt to raid the Roads Maintenance Levy Fund (RMLF) and make it part of the equitable share to counties. There was mere consensus that you cannot through a policy statement, raid a fund established by an Act of Parliament and consider it as part of the equitable share to counties. I think that battle was lost.

In the Roads Committee, whose Chairperson is here, we are supposed to be considering the BPS tomorrow, Thursday. The Roads Department is one of the departments of Government that has the highest budgetary allocation. It has many functions of road construction, maintenance et cetera.

There will be need to have sufficient time to scrutinise the statement and get our input into it. Then I would challenge the Senate Majority Leader this time round to ensure that if he gets this extension and we have the input of Senators in all the committees, then we push to ensure that the input of in the final budget-making process is felt and implemented.

Mr. Speaker, Sir, I support.

Proceed, Sen. Mandago.

Thank you very much, Mr. Temporary Speaker, Sir. I also rise to support the extension of time to allow committees to strictly analyse and support the work of the overall Finance Committee. The Committee on Health that I chair has several issues that we feel the need to have a discussion on first with the Cabinet Secretary for Health, so as to finalise. We shall have synchronised particularly programmes that are involved and are still being run by the Ministry.

Mr. Temporary Speaker, Sir, you realise that the Ministry has been recruiting health workers that are deployed to go and work in counties. As a committee, we thought we would meet the Cabinet Secretary and agree that those are part of the funds that can go to counties under the conditional allocation, so that it becomes seamless in the manner in which we are managing human resources for health.

Mr. Speaker, Sir, for us to be able to roll out the Universal Health Coverage (UHC) , it is critical that we have enough human resources in our health facilities. We are looking at the resources in the Ministry that we, as a Committee, feel could be deployed to support that function so that the rollout of UHC can be effective and efficient. The citizens of this country can get services as planned under the Kenya Kwanza Administration.

Mr. Speaker, Sir, there are other issues that we want the Ministry to speak to us about. We have a kidney training and treatment centre that has been built for almost four years. The facility is not complete. The funds that were allocated to that facility are already expended and the project is not complete.

We would wish to find out because kidney treatment is critical. Kidney diseases is one of the diseases that have become a burden to our economy and the citizens of this country. We wanted time to discuss with the Cabinet Secretary on some of those

Senate. programmes so that these resources can then be deployed effectively in a manner that will be supportive.

Finally, there is a significant increase on the amount allocated to the health budget. We would want to make sure that those funds are going to programmes that will help in the rollout of UHC.

Finally, we have a serious concern about the National Health Insurance Fund (NHIF) as it is being transitioned to the Social Health Insurance Fund (SHIF). You realize that there are many institutions that owe NHIF in terms of remittances.

We would also like to discuss with the Cabinet Secretary before finally submitting our report to the Committee on Finance and Budget, so that those funds in the transition process cannot be lost and make sure that it feeds into the overall programme of the Government in rolling out of the UHC.

So, Mr. Temporary Speaker, Sir, we plead that you give us more time so that we can do a serious job.

I thank you, Mr. Temporary Speaker, Sir.

Thank you, Sen. Mandago. Sen. Okiya Omtatah? You may contribute in under one minute for purposes of---

Mr. Temporary Speaker, Sir, I rise to support the Motion by the Senate Majority Leader. Today we were in the Committee on Justice, Legal Affairs and Human Rights (JLAC) . Issues came up which required us to consult the Registrar of the Judiciary. We were told that we have to report tomorrow.

How do you do that unless it is a mere formality that we are bringing these things here? However, if it is really that we need input from the Senate, we must be given ample time to consult the various stakeholders so that we come up with a report that is informed. We should not just to be given a report that is read and then they say that the Senate participated in it.

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

Sen. Wamatinga in under one minute.

Thank you, Mr. Temporary Speaker, Sir. I also rise to support. We know that the Kenya Kwanza (KK) Government is moving towards the construction in the Affordable Housing Programme (AHP) . In the energy sector, looking at the figures that are proposed, one is left with the question of how we intend to power and electrify those units.

Mr. Temporary Speaker, Sir, I think that more time is required to interrogate how we are going to ensure that the power we are supplying will be enough for the enhanced demand that will come with the new houses.

I support.

I call upon the Senate Majority Leader who is the Mover to reply.

Mr. Temporary Speaker, Sir. I appreciate the contributions of our colleagues who have appreciated what this is about and the need for us as a Parliament to have its voice in the BPS.

Senate.

Slowly by slowly the Senate is affirming its position on matters of budget. Over the years, we have felt as if our participation and contribution have only been limited to the contributions of revenue and what we send to the counties.

Over the years, it increasingly becoming clear that on the sticky subject of the national debt, our voice is need, our approval is important and our scrutiny is needed more than ever before.

Mr. Temporary Speaker, Sir, I hope Senators will take the extra seven days that we have granted to provide value to the good people of the Republic of Kenya. I thank all of them for contributing.

I beg to reply.

Hon. Senators, pursuant to Standing Order No.84 (1) , I make a determination that this Motion does not affect counties and proceed to put the question.

Hon. Senators, it is now 1.00 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until today Wednesday 21st of February, 2024, at 2:30 p.m.

The Senate rose at 1:00 p.m.