Wednesday, 22nd March, 2023

Clerk, do we have quorum?

Okay, quorum having been established, we shall proceed with the business of the House.

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of a visiting delegation from the Parliament of Namibia. The delegation comprises Members and parliamentary officers of the Standing Committee on Implementation and Co-ordination who are on a benchmarking visit with the counterpart Committee in the Senate.

Hon. Senators, I request each Member of the delegation to stand when called out so that you may be acknowledged in the Senate tradition.

Hon. Victoria M. Kauma, MP - Leader of the Delegation Hon. John Likando, MP - Member Hon. Peter Kazongominja, MP - Member Hon. Melanie Ndjago, MP - Member Hon. Hans Nambodi, MP - Member Hon. Alfeus K. Abraham, MP - Member Hon. Olivia T. Hanghuwo, MP - Member

Mr. Barney Karuuombe - Parliamentary Officer Ms. Moono Matengu - Parliamentary Officer Mr. Bernard Mwira - Parliamentary Officer On behalf of the Senate and on my own behalf, I extend a warm welcome and wish you a fruitful visit.

Hon. Senators, I have a further Communication to make. I would like to acknowledge the presence in the Speaker's Gallery this afternoon of a visiting delegation from the County Assembly of Makueni. The delegation comprises staff of the County Assembly of Makueni who are in the Senate on a one-week training of Committee Clerks.

Hon. Senators, I request each Member of the delegation to stand when called out so that you may be acknowledged in the Senate tradition.

Mr. Thomas Ndambuki - Assistant Director, Legislative and Procedural Services Mr. Julius Nzau - Principal Clerk Assistant Mr. William Onyango - Principal Research Officer Mr. Peter Wanzia - Senior Clerk Assistant On behalf of the Senate and on my own behalf, I extend a warm welcome and wish you a fruitful visit.

I will allow the Majority Leader to welcome the delegation from Namibia. Thereafter, I will allow the Senator who is not in the House now, but when he resumes his seat will make brief remarks to welcome the delegation from Makueni.

Thank you, Mr. Speaker, Sir. I would like to join you together with the rest of my colleagues in welcoming this visiting delegation from the country of Namibia who are here on a study tour. I believe that in the course of their visit they shall be able to interact with Senators, our staffers, the leadership and get a full worth of their travel to us.

I celebrate this delegation because I have said several times that there is a good practice that is emerging, which we, as a parliament, need to emulate other countries from the African continent.

Almost every other week we get a visit delegation from an African country that is either on a study tour or something related in our Parliament. However, you will bear me witness that hardly do you find a request on your desk for approval of Members from the Kenyan Parliament that are visiting other African countries for study.

This obsession with other capitals of the world and leaving our own is the very reason why Africa continues to remain backward. We will be better as a continent if we can trade, learn from each other and sharpen each other skills. Therefore, on that account amongst many other reasons, I celebrate this visiting delegation from Namibia.

I look forward to an invitation from them to the leadership of this House on any particular matter that will be of interest. I believe Namibia is our peer as a republic. There are many things we can learn from this beautiful country.

An invitation to us, or even initiated from our side will be a welcome study opportunity for us as Members of the Senate to appreciate their democracy and the many things for which Namibia has excelled better than we, as a country. I believe that is one of the ways in which we can promote Pan-Africanism.

Namibia still holds a very special place to the people that I represent in this House. The last two Kenyan ambassadors to the country of Namibia have come from the county that I represent in this House. Amb. Benjamin Lang’at who is now the MP for Ainamoi served there for the last three years. The present ambassador, the immediate former Clerk of the National Assembly, Amb. Michael Sialai also hails from Kericho County.

Mr. Speaker, Sir, this is a very special delegation to us because our own sons have represented this country in their country and both of the two gentlemen are my friends. I have very fond memories of the kind of stories and lessons they share, especially on agriculture. They talk of how Namibia has excelled in agriculture despite it facing challenges that are almost similar to ours in terms of rain availability. Such matter is something worth emulating.

I welcome this delegation to the Senate. I hope to interact with them in the course of their stay and study here with us. I wish them well. May they enjoy to their fill.

I thank you.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to welcome the team from Makueni County Assembly to the Senate. I also welcome the team from Namibia.

A few years ago, I visited Namibia and we were treated very well. There is a very good example of water recycling. Therefore, we look forward to interact with them and learn more. There is a very good history between Namibia and Kenya in relation to the struggle for independence.

I met part of the team from Makueni County this morning when they attended committee proceedings in the Committee of Delegated Legislation. They are really learning. I believe that when they go back to their county, they will be able to copy and implement what they have seen the practice here in Senate from the different departments. We look forward to more counties coming here to learn so that the Senate become a very good template for county assemblies. I look forward to interacting with them farther and make them learn more so that they can make the County Assembly of Makueni better.

I thank you.

Next Order.

Sen. Cherarkey: I thank you, Mr. Speaker, Sir. The Petition reads as follows- Mr. Speaker, Sir, we, the duly registered Health Sector Unions, Associations and Societies with constitutional and legal mandate of championing the labour interest and professional welfare of all health workers employed by both levels of Government; that is the national and county governments; being citizens of the Republic of Kenya and authorized representatives/officials together with the UHC staff and interns who have sought our representations, draw the attention of the Senate to the following-

THAT, in April, 2020, a group of health workers were recruited under a one-year UHC internship contract to boost efforts on the achievement of Universal health as well as aid in the fight against COVID-19 pandemic.

They were given personal numbers, but released from service after one year of service leaving a shortage that remains uncovered to date in their previous work stations. They are unable to get any other employment in public service since they have personal numbers under the Ministry of Health.

THAT, in June, 2020, at the height of the COVID-19 pandemic, the Ministry of Health employed about 9,000 on a three-year contract of UHC and deployed them in different county governments across the country. Their contracts are coming to an end in May 2023.

Mr. Speaker, Sir, the UHC staff have been diligently providing critical health services across the country since they were engaged. These contracts have attracted a consolidated salary that has seen them earn half of what their peers working in the same environment earn.

In February 2023, intergovernmental summit sitting in Naivasha resolved that the Ministry of Health extends the contracts of UHC staff for a further period of a three-year term under the same terms and conditions.

These staff are disturbed and demotivated by this development as they had valid expectations that they would have been absorbed on permanent and pensionable terms or their remuneration improved to be equal with their peers whom they work together under same conditions, but earning different.

THAT, Article 259 of the Constitution of Kenya provides that the Constitution must be interpreted in a manner that promotes its purpose, values and principles, advance the rule of law and human rights and fundamental freedoms in the Bill of Rights, permits the development of law and contributes to good governance.

THAT, under Article 41 of the Constitution of Kenya 2010, we are entitled to a constitutional privilege of fair labour practices, this being a human right.

The Article reads in Part 41 Labor Relations-

I thank you, Mr. Speaker, Sir. The Petition reads as follows- Mr. Speaker, Sir, we, the duly registered Health Sector Unions, Associations and Societies with constitutional and legal mandate of championing the labour interest and professional welfare of all health workers employed by both levels of Government; that is the national and county governments; being citizens of the Republic of Kenya and authorized representatives/officials together with the UHC staff and interns who have sought our representations, draw the attention of the Senate to the following-THAT, in April, 2020, a group of health workers were recruited under a one-year UHC internship contract to boost efforts on the achievement of Universal health as well as aid in the fight against COVID-19 pandemic.They were given personal numbers, but released from service after one year of service leaving a shortage that remains uncovered to date in their previous work stations. They are unable to get any other employment in public service since they have personal numbers under the Ministry of Health.THAT, in June, 2020, at the height of the COVID-19 pandemic, the Ministry of Health employed about 9,000 on a three-year contract of UHC and deployed them in different county governments across the country. Their contracts are coming to an end in May 2023.Mr. Speaker, Sir, the UHC staff have been diligently providing critical health services across the country since they were engaged. These contracts have attracted a consolidated salary that has seen them earn half of what their peers working in the same environment earn.In February 2023, intergovernmental summit sitting in Naivasha resolved that the Ministry of Health extends the contracts of UHC staff for a further period of a three-year term under the same terms and conditions.These staff are disturbed and demotivated by this development as they had valid expectations that they would have been absorbed on permanent and pensionable terms or their remuneration improved to be equal with their peers whom they work together under same conditions, but earning different.THAT, Article 259 of the Constitution of Kenya provides that the Constitution must be interpreted in a manner that promotes its purpose, values and principles, advance the rule of law and human rights and fundamental freedoms in the Bill of Rights, permits the development of law and contributes to good governance.THAT, under Article 41 of the Constitution of Kenya 2010, we are entitled to a constitutional privilege of fair labour practices, this being a human right.The Article reads in Part 41 Labor Relations-

Article 5 provides that every individual shall have the right and respect of the dignity inherent in a human being. Article 9 provides that every individual shall have the right to receive information and to express and disseminate his opinions within the law.

THAT the Senate has the powers to find a solution to this discrimination and unfair labour practices against the Universal Health Coverage (UHC) staff and others who are supposed to be on internship programme.

THAT we have made every effort to have the matter addressed by the relevant bodies, including the Ministry of Health, but the response has been unsatisfactory. None of the issues raised in this Petition are pending before any court of law or any other legal body.

Wherefore, your humble Petitioners pray that the Senate-

Mr. Speaker, Sir, I do not wish to contribute to this, but the next one.

Hon. Senators, this habit of walking in, keying in and going to the lounge clogs the queue. If you do not wish to contribute, please do not clog the dashboard, so that we have only those wishing to contribute on the dashboard.

Proceed, Sen. Cheruiyot.

Mr. Speaker, Sir, the reason I am laughing is because someone told us yesterday that Sen. Osotsi is a leading Information Technology (IT) expert in the Azimio la Umoja-One Kenya Coalition side. If he is struggling with basic technology such as the gadgets in this House, how can he do the technology work that he is supposed to do in Azimio la Umoja-One Kenya Coalition Party? I now understand the source of the difficulty with technology.

Mr. Speaker, Sir, this is an important Petition that Sen. Cherarkey has brought to this House. It is not the first time we are hearing about the mistreatment of the UHC workers as they are commonly referred to.

If you check in all our counties, you will realize that during the COVID-19 pandemic, the national Government, through its intervention in healthcare management in all our 47 counties, did a universal recruitment of Kenyans who were sent to various county governments.

There were lofty promises. Many young people applied with lots of enthusiasm and believed that finally they had met their destiny to serve their country and be proud while at it. Unfortunately, that has not come to fruition because there seems to be a push and pull between the Council of Governors (CoG) and the national Government.

The CoG on one end, maintains that the wages they were recruited for are, firstly, unsustainable and, secondly, they cannot afford to add them to their books. During the push and pull, these honourable citizens and trained medics who dedicated a lot of their time and money studying on how to ply their trade and serve citizens of the country have continued to suffer.

It is my sincere hope that the Committee on Health will get to the bottom of this matter, so that they can advise the Committee on Finance and Budget because at the heart of this dispute are budgetary issues. Who will eventually carry the blame?

The CoG insists that the only way they can continue to maintain these staff is via conditional grants, yet the national Government says that health is a devolved function and it only hired to shore up numbers during the COVID-19 pandemic and that counties should take responsibility. The Committee on Health should give a lasting solution, so that the young men and women suffering in all our 47 counties can lay their struggles to rest and serve their country with pride.

Mr. Speaker, Sir, the reason I am laughing is because someone told us yesterday that Sen. Osotsi is a leading Information Technology (IT) expert in the Azimio la Umoja-One Kenya Coalition side. If he is struggling with basic technology such as the gadgets in this House, how can he do the technology work that he is supposed to do in Azimio la Umoja-One Kenya Coalition Party? I now understand the source of the difficulty with technology.

Mr. Speaker, Sir, this is an important Petition that Sen. Cherarkey has brought to this House. It is not the first time we are hearing about the mistreatment of the UHC workers as they are commonly referred to.

If you check in all our counties, you will realize that during the COVID-19 pandemic, the national Government, through its intervention in healthcare management in all our 47 counties, did a universal recruitment of Kenyans who were sent to various county governments.

There were lofty promises. Many young people applied with lots of enthusiasm and believed that finally they had met their destiny to serve their country and be proud while at it. Unfortunately, that has not come to fruition because there seems to be a push and pull between the Council of Governors (CoG) and the national Government.

The CoG on one end, maintains that the wages they were recruited for are, firstly, unsustainable and, secondly, they cannot afford to add them to their books. During the push and pull, these honourable citizens and trained medics who dedicated a lot of their time and money studying on how to ply their trade and serve citizens of the country have continued to suffer.

It is my sincere hope that the Committee on Health will get to the bottom of this matter, so that they can advise the Committee on Finance and Budget because at the heart of this dispute are budgetary issues. Who will eventually carry the blame?

The CoG insists that the only way they can continue to maintain these staff is via conditional grants, yet the national Government says that health is a devolved function and it only hired to shore up numbers during the COVID-19 pandemic and that counties should take responsibility. The Committee on Health should give a lasting solution, so that the young men and women suffering in all our 47 counties can lay their struggles to rest and serve their country with pride.

Proceed, Sen. Sifuna.

Thank you, Mr. Speaker, Sir. I had the privilege of sitting in the sessions by the Committee on Health, chaired by Sen. Mandago yesterday when many of these health workers were presenting their issues to the Committee.

Mr. Speaker, Sir, there is simply no justification because our Constitution provides that---

Sen. Methu.

Mr. Speaker, Sir, I hope that my time will be compensated. Nonetheless, the point that I was making is that, under our Constitution it is discriminatory and unfair labour practices for people performing the same work under the same conditions, in the same facilities to earn different salaries.

So, I am in support of this petition by the UHC workers that, in fact, we have no justification. I encourage the Senate Majority Leader that we cannot look anywhere else for the solution because the solution is in this Senate.

I am aware that in the next few days the Division of Revenue Bill is going to land here. We have made the argument that if we do not sort out the question of full financing of county functions, then, we are wasting time.

I am hoping that the Majority side and the Majority side when that Bill comes here, will put their money where their mouth is. That they will send the requisite resources to the counties so that we can fully finance and to ensure that we hire all the people who are medical workers, especially under the UHC.

We were told there are counties that have not hired a single doctor in the past five years. There are 4000 medical professionals who have already qualified, but are unable to find work in the public sector.

As a Senate, we will not run away from this issue by saying it is not clear whose duty it is. It is the responsibility of devolved units to finance health fully. We must find the money to support the hiring of these UHC workers and other health workers within the county setup.

I thank you.

Proceed, Sen. Veronica Maina. These are the Hon. Senators who key in and walk out. It shall be disorderly of Senators to do so. I hope as we are considering the amendments to the Standing Orders we put that as disorderly conduct.

Sen. Mandago, kindly proceed.

Proceed, Sen. Veronica Maina. These are the Hon. Senators who key in and walk out. It shall be disorderly of Senators to do so. I hope as we are considering the amendments to the Standing Orders we put that as disorderly conduct.

Sen. Mandago, kindly proceed.

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

What is your point of order, Sen. Kinyua?

Asante Bw. Spika. Sen. Mandago ndiye Mwenyekiti wa Kamati ya Afya. Kwa hiyo, ingekuwa vizuri awe wa mwisho kuongea baada ya sisi wengine kuchangia ili aweze kusikiliza maoni yetu kuhusu masuala haya. Naomba awe we mwisho na atupe uamuzi huo kulingana na vile anavyosema.

Naomba kwa heshima, Bw. Spika. The Speaker (Hon. Kingi) : Sen. Kinyua, it is not a requirement because the Chairperson is not required to make a response to all the contributions that Senators are making. As you are aware, at the end of it, the Petition will be committed. If the Chair has a contribution to this now, as a Senator, it is within his right to do so.

Secondly, Sen. Kinyua, once you raise on a point of order, the first thing that you need to do is to state the Standing Order that you are relying on.

Asante Bw. Spika. Sen. Mandago ndiye Mwenyekiti wa Kamati ya Afya. Kwa hiyo, ingekuwa vizuri awe wa mwisho kuongea baada ya sisi wengine kuchangia ili aweze kusikiliza maoni yetu kuhusu masuala haya. Naomba awe we mwisho na atupe uamuzi huo kulingana na vile anavyosema.

Naomba kwa heshima, Bw. Spika. The Speaker (Hon. Kingi) : Sen. Kinyua, it is not a requirement because the Chairperson is not required to make a response to all the contributions that Senators are making. As you are aware, at the end of it, the Petition will be committed. If the Chair has a contribution to this now, as a Senator, it is within his right to do so.

Secondly, Sen. Kinyua, once you raise on a point of order, the first thing that you need to do is to state the Standing Order that you are relying on.

Thank you very much, Mr. Speaker, Sir. There are a number of other pertinent issues. We agree with this Petition, that other than the UHC staff, we also have internship programmes for the various cadres of health. Some cadres are given stipends during internship while there are others who do not. For those stipends that are being paid, it also varies for the same cadres in the different trainings.

Mr. Speaker, Sir, the reason the Ministry of Health has continued to hire workers to perform devolved function is because the Ministry in itself is inherent in clawing back on the devolution functions. Counties cannot recruit because the money that is meant for devolved function is still sitting in Afya House.

I want to urge this House that during the Division of Revenue, our position as Senate is to ensure that counties be given a minimum of Kshs425 billion. On the idea of being told there are no funds, I want to tell this House that the balance from for Kshs 425 billion to Kshs385 billion is actually in Ministry of Health.

It is being held in the Ministry, continuing to perform functions that are meant to be done by county governments. So, it is upon this House to make sure that the devolved function of health is performed by counties.

We cannot continue as a Senate that is supposed to protect devolution to allow the growth of the budget of Ministry of Health to rise exponentially from when devolution started and when the health function was devolved.

As I speak, we have more than 10,000 health facilities being managed by county governments. The Ministry of Health, the civil servants and the bureaucrats in that Ministry must be willing to release the funds that they are holding.

We cannot as a Senate continue allowing Ministries to undermine county governments, so that counties look like they are unable to perform their functions.

Secondly, the question of training which has been a thorn in the flesh for health workers. Doctors need to go for training. The national Government is supposed to foot the bill, but they never allow the release of funds for training so that counties seem as if they do not want to support the health sector to grow.

Thank you, Mr. Speaker, Sir. I stand in support of the Petition brought to the Floor of this House by Sen. Cherarkey. Even before I make my comment, this goes to Sen. Mandago. The Wiper Democratic Movement is ready to give him a direct ticket in 2027 because he is speaking the language of the people.

Thank you, Mr. Speaker, Sir. I stand in support of the Petition brought to the Floor of this House by Sen. Cherarkey. Even before I make my comment, this goes to Sen. Mandago. The Wiper Democratic Movement is ready to give him a direct ticket in 2027 because he is speaking the language of the people.

Asante, Bw. Spika. Ninaunga mkono dua ambayo imeletwa na Sen. Cheruiyot kwa sababu wauguzi wamekuwa na shida sana. Hili jambo lilianza kitambo nilipokuwa katita hiyo Kamati ya---

Asante, Bw. Spika. Ninaunga mkono dua ambayo imeletwa na Sen. Cheruiyot kwa sababu wauguzi wamekuwa na shida sana. Hili jambo lilianza kitambo nilipokuwa katita hiyo Kamati ya---

Bw. Spika, ni Sen. Cherarkey ndiye ananichanganya. Mimi ninaunga mkono dua hii kwamba maslahi ya wauguzi yanapaswa kuangaliwa.

Wakati wa homa kali ya COVID-19, wauguzi wengi waliajiriwa na kupewa mkataba. Baada ya COVID-19, hakuna jambo lolote ambalo wanaonekana kufanya kulingana na wale waliowaajiri. Wameleta malalamishi yao hapa ili tuyaangalie.

Langu ni kuomba Mwenyekiti wa Kamati ya Afya waangalie haya mambo kwa undani. Tusianze kuyapapasa haya mambo kwa sababu hili ni donda sugu. Ni masuala nyeti ambayo yanapaswa kuangaliwa kwa kina.

Wapo madaktari wengi katika kaunti zetu ambao hawana kazi. Wengine tayari wamepewa nambari ya kuajiriwa na Serikali kwa hiyo hawawezi kutafuta kazi mahali pengine. Ni vizuri Kamati husika ishughulikie mambo haya. Ni wengi ambao wanazidi kujiunga na hii wizara hii ilihali wale walioko, hawalipwi.

Bw. Spika, hawa wauguzi wanafanya kazi nyingi sana katika hospitali za kaunti lakini hawalipwi. Kwa hivyo, swala la ugavi wa fedha litakapoletwa katika hili Bunge la Seneti, tuwape mgao wa kutosha ili madaktari wetu waongezwe mshahara.

Madaktari wengi katika Kaunti ya Laikipia walikuwa wamefutwa kazi na yule Gavana wa zamani. Ninamshukuru Gavana wetu kwa sababu tulishirikiana na kuwarudisha kazini madaktari hao. Tutaendela kuangalia hilo jambo---

Just hold on, Sen. Kinyua. Sen. Orwoba, you cannot roam the length and width of this House for 10 minutes, as if you are inspecting a chicken banda.

Just hold on, Sen. Kinyua. Sen. Orwoba, you cannot roam the length and width of this House for 10 minutes, as if you are inspecting a chicken banda.

Your time is up, Sen. Kinyua. Sen. Oketch Gicheru, please proceed.

Sen. Oketch Gicheru, it is not up to you when called upon to speak to pass it to any other Senator that you wish. That is a prerogative of the Chair. So, if you are not willing to speak at this juncture, please do not nominate somebody to speak on your behalf.

Sen. Kavindu Muthama, you may proceed.

Bw. Spika, ninashukuru kwa nafasi hii ili nichangie suala ambalo Sen. Cherarkey amelileta hapa Bungeni.

Madaktari wanafanya kazi ngumu sana. Usiku sisi tukiwa usingizini, wao wanahudumia wagonjwa hospitalini. Ni muhimu kuwa maslahi yao yangaliwe kwa kina.

Kwa hivyo, Wizara ya Afya haistahili kupinga hizi pesa ambazo madaktari wanastahili kupatiwa baada ya uamuzi wa Bunge. Ni lazima watoe hizo pesa ili ziende mashinani kuhudumia madaktari wetu.

Hakuna watu ambao hufanya kazi ngumu kama madaktari. Hata mtu akiwa katika hali mahututi, daktari atamhudumia mpaka atoke hospitalini akiwa mzima na katika hali ya kujisaidia.

Hatutaki madaktari wetu wagome kwa sababu ndio wapate pesa wanazostahili. Hata makaazi yao ni duni kabisa. Ninaomba serikali za kaunti zichunguze nyumba wanamoishi hao madaktari. Madaktari wanastahili kuwa na Amani. Wanastahili kuwa wenye furaha wanapotoka nyumbani kuelekea kazini ili waweze kuhudumia wagonjwa inavyostahili.

Ninaunga mkono Ardhilhali ya Sen. Cherarkey.

Sen. Methu, you have the Floor.

Sen. Methu, you have the Floor.

Sen. Olekina, please proceed.

Mr. Speaker, Sir, thank you for giving me this opportunity to make some brief comments on this. I rise to support the Petition on the health workers by Sen. Cherarkey.

Mr. Speaker, Sir, this is an opportunity. I just want to follow with what Sen. Methu has said. I beseech all the Members in this House that we now have the opportunity to ensure that our counties get adequate money. The Division of Revenue Act (DORA) is soon coming. We know what the National Assembly is doing when it comes to the issue of DORA. We are the ones who divide money between the two Arms of Government.

Many of these universal healthcare workers were being paid a stipend of about Kshs15,000. It is sad. The biggest problem with this issue is that they were already given an Integrated Payroll and Personnel Database (IPPD) number. Therefore, wherever they go, it appears as if they are employed by the Ministry. Therefore, they cannot be employed by anybody else. This is a matter which is live in our Committee on Health.

When I received the Petition from these workers, I submitted it to our committee and we have met them. We are now looking to meet the Salaries and Remuneration Commission (SRC) . We have already met with the officials from the Ministry of Health.

Mr. Speaker, Sir, thank you for giving me this opportunity to make some brief comments on this. I rise to support the Petition on the health workers by Sen. Cherarkey.

Mr. Speaker, Sir, this is an opportunity. I just want to follow with what Sen. Methu has said. I beseech all the Members in this House that we now have the opportunity to ensure that our counties get adequate money. The Division of Revenue Act (DORA) is soon coming. We know what the National Assembly is doing when it comes to the issue of DORA. We are the ones who divide money between the two Arms of Government.

Many of these universal healthcare workers were being paid a stipend of about Kshs15,000. It is sad. The biggest problem with this issue is that they were already given an Integrated Payroll and Personnel Database (IPPD) number. Therefore, wherever they go, it appears as if they are employed by the Ministry. Therefore, they cannot be employed by anybody else. This is a matter which is live in our Committee on Health.

When I received the Petition from these workers, I submitted it to our committee and we have met them. We are now looking to meet the Salaries and Remuneration Commission (SRC) . We have already met with the officials from the Ministry of Health.

Your time is up, Sen. Olekina. Sen. Nyamu, please proceed.

Mr. Speaker, Sir, the importance of the health sector and the health workers cannot be gainsaid. The other day, I was attending the opening of the first Intensive Care Unit (ICU) facility in Nairobi City County by the current County Government. One of the glaring issues that came from the public is the quality of healthcare that we have in our hospitals. The fact of the matter is that the health workers are not motivated. It was claimed that public health workers are not delivering, are idling in hospitals and their attitude is wrong.

On the flipside, I took time with the health workers. The public health workers claimed that their terms of service are not met. They work under deplorable environment, their wages are not as is supposed to be, they are not motivated and their working hours are long. Which happens to be true. It is very important that we look into the welfare of the health workers.

Sen. M. Kajwang’, once you bow and walk in, you go straight to your seat. I can see you are behaving like the guest of honour in some Harambee greeting everybody, especially the lady Senators.

Sen. M. Kajwang’, once you bow and walk in, you go straight to your seat. I can see you are behaving like the guest of honour in some Harambee greeting everybody, especially the lady Senators.

Hon. Members, the 30 minutes meant for contribution to this Petition is now spent.

Hon. Members, the 30 minutes meant for contribution to this Petition is now spent.

Pursuant to Standing Order No.238 (1), the Petition should be committed to the relevant Standing Committee for its consideration. In this case, I direct that the Petition be committed to the Standing Committee on Labour and Social Welfare.

In terms of Standing Order No.238 (2), the Committee is required in not more than 60 calendar days from the time of reading the prayer, to respond to the Petitioner by way of a report addressed to the Petitioner and laid on the Table of the Senate.

(The Petition was committed to the Committee on Labour and Social Welfare) While the Standing Committee on Labour and Social Welfare gets down to prosecute this Petition, if need be, let it co-opt the Committee on Health so that we have an in depth look at the matters raised in this Petition.

Hon. Senators, there are two communications that I would like to make.

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon a visiting delegation of Representatives from Unions, Associations and Societies in the Health Sector. They are in the Senate as guests of the Senator for Nandi County, Sen. Cherarkey, MP.

Hon. Senators, I request each Member of the delegation to stand when called out so that you may be acknowledged in the Senate tradition-

Thank you, Mr. Speaker, Sir. On your own behalf, I would like to extend a warm welcome to colleagues from the Associations and Unions of the Health sector. It is good that they came in when Senators were expressing themselves in solidarity.

Mr. Speaker, Sir, finally, we shall find a solution to the Universal Health Coverage (UHC) in the health sector, internships and payments.

I see some of my colleagues have drawn their attention to my guests. However, Jesus Christ said that you cannot get to the father without him. I advise Sen. Sifuna and Sen. M. Kajwang’ that they shall not see that kingdom without going through me.

Thank you, Mr. Speaker, Sir. On your own behalf, I would like to extend a warm welcome to colleagues from the Associations and Unions of the Health sector. It is good that they came in when Senators were expressing themselves in solidarity.

Mr. Speaker, Sir, finally, we shall find a solution to the Universal Health Coverage (UHC) in the health sector, internships and payments.

I see some of my colleagues have drawn their attention to my guests. However, Jesus Christ said that you cannot get to the father without him. I advise Sen. Sifuna and Sen. M. Kajwang’ that they shall not see that kingdom without going through me.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to speak. I do not understand why Sen. Cherarkey wants to take possession of the leadership of the unions that are here. I assure him that we, as a political movement, have had very close working relationships with the unions from the Kenya Medical Practitioners and Dentists Union (KMPDU) to the nurses. We can only use such opportunities to deepen and widen the relationships that are already existing.

I assure the health workers that the Minority side is very clear. We will not send you away from this House. We shall find a solution in this House in the coming weeks; forget the 60 days that have been given to the Committee. We shall soon be debating the question of division of revenue. It is the responsibility of all of us in this House to find money for you. I assure Sen. Cherarkey that once I find money for them, I will not have to go through you to access the unions.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to speak. I do not understand why Sen. Cherarkey wants to take possession of the leadership of the unions that are here. I assure him that we, as a political movement, have had very close working relationships with the unions from the Kenya Medical Practitioners and Dentists Union (KMPDU) to the nurses. We can only use such opportunities to deepen and widen the relationships that are already existing.

I assure the health workers that the Minority side is very clear. We will not send you away from this House. We shall find a solution in this House in the coming weeks; forget the 60 days that have been given to the Committee. We shall soon be debating the question of division of revenue. It is the responsibility of all of us in this House to find money for you. I assure Sen. Cherarkey that once I find money for them, I will not have to go through you to access the unions.

Allow me to welcome the students from Riara Group of Schools. The most surprising bit of information is that Sen. Cherarkey is somehow also a product of the school. There is quite a big difference when you look at the faces in the Speaker’s Gallery, which speak to the group of schools.

Hon. Senators, I have another Communication to make. Senate Minority Leader and Sen. Osotsi, kindly have a sit.

There is no Standing Order that tells you to freeze when the Chair is standing. You sit on the next available seat, even if it is not yours. You take it until the Chair is done, then you can resume yours.

Mr. Speaker, Sir, I join you and the House to welcome the delegation from Homa Bay County Assembly. I congratulate the Hon. Members for choosing to come to the Senate for benchmarking. This is a committee that is charged with the member’s welfare.

One interesting thing which is going around Parliament today is the façade of the National Assembly putting up a sign that should be its moto. Its states that “for the welfare of society and the just government of the people”. It has been wrapped around the façade of the National Assembly.

I know all my friends, from Homa Bay County Assembly, who are in the Gallery, including my area Member of County Assembly (MCA) , Hon. Reuben Molo. I encourage them that the Welfare Committee of the County Assembly of Homa Bay should not be seen as the end. It is the means to an end. That end is service to society and the people of HomaBay County.

I encourage them not to be blinded by the pursuit of member’s welfare at the expense of that of the fisher folk, farmers, traders and the great people of Homa Bay County. At least now, Sen. Cheruiyot, will have to go through me if he wants to interact with any of the MCAs from Homa Bay County, particularly those of the other gender.

So, if you need connections, Sen. Cherarkey, you have to go through me.

Mr. Speaker, Sir, I am humbled by the opportunity that you have given me and the donation of the one minute by my able Sen. M. Kajwang’.

I join the great House, the Senate, in welcoming the Hon. Members from the Homa Bay County Assembly. HomaBay is a county of potential. You can see the great potential that we have in the composition of members who have come.

In the delegation are also ranking members. I have worked for the county government for the last 10 years as the County Executive Committee Member (CECM)

Mr. Speaker, Sir, I am humbled by the opportunity that you have given me and the donation of the one minute by my able Sen. M. Kajwang’.

I join the great House, the Senate, in welcoming the Hon. Members from the Homa Bay County Assembly. HomaBay is a county of potential. You can see the great potential that we have in the composition of members who have come.

In the delegation are also ranking members. I have worked for the county government for the last 10 years as the County Executive Committee Member (CECM)

Next Order! The Senate Minority Leader (Sen. Madzayo) : On a point of order, Mr. Speaker, Sir.

What is your point of order, Sen. Madzayo?

Resume your seats, hon. Senators. The Notice of Adjournment under Standing Order No. 37, having met the required number of Senators supporting the same, I would wish now to direct that the House shall stand adjourned at

What is your point of order, Sen. Madzayo?

Resume your seats, hon. Senators. The Notice of Adjournment under Standing Order No. 37, having met the required number of Senators supporting the same, I would wish now to direct that the House shall stand adjourned at

Next Order!

Report of the Auditor-General on the financial statement of the Makueni County Youth, Men, Women, Persons with Disabilities and Table Banking Groups Empowerment Fund for the year ended 30th June, 2022;

Report of the Auditor-General on the financial statement of the Kitui County Assembly Service Board Employees’ Car and Mortgage Fund for the year ended 30th June 2022; and,

Report of the Auditor-General on the financial statement of the Bomet County Assembly Car Loan and Mortgage Scheme for the year ended 30th June, 2022.

Thank you Mr. Speaker, Sir.

Next Order!

On a point of order Mr. Speaker, Sir.

What is your point of order Sen. Wambua?

Hon. Senators, I think we are abusing this so-called point of order. Our Standing Orders give reference to when a Senator can stand on a point of order. If you read Standing Order No.98, it tells you when, as a Senator, you can stand on a point of order.

However, we have made that one so wide that any time a Senator wishes to say something, then we stand on a point of order, whereas our Standing Orders are very specific at what moment a Senator should stand on a point of order. So, let us stick to what is provided in our Standing Orders to avoid these other numerous Standing Orders that may not strictly be deemed to be points of order.

That does not mean what Sen. Wambua has raised is not important. However, it can be raised not through a point of order. It can be raised administratively. How I wish Sen. Wambua you raised this with either the Clerk or me in my office. Maybe today we would have discussed that exhaustively.

Next Order. Sen. (Dr.) Oburu, you may proceed. You have a Motion that you ought to give notice today, that is, on Arbitrary Arrests of Kenyan Fishermen by Ugandan Authorities.

Mr. Speaker, Sir, I was not given---.

Hon. Senators, I think we are abusing this so-called point of order. Our Standing Orders give reference to when a Senator can stand on a point of order. If you read Standing Order No.98, it tells you when, as a Senator, you can stand on a point of order.

However, we have made that one so wide that any time a Senator wishes to say something, then we stand on a point of order, whereas our Standing Orders are very specific at what moment a Senator should stand on a point of order. So, let us stick to what is provided in our Standing Orders to avoid these other numerous Standing Orders that may not strictly be deemed to be points of order.

That does not mean what Sen. Wambua has raised is not important. However, it can be raised not through a point of order. It can be raised administratively. How I wish Sen. Wambua you raised this with either the Clerk or me in my office. Maybe today we would have discussed that exhaustively.

Next Order. Sen. (Dr.) Oburu, you may proceed. You have a Motion that you ought to give notice today, that is, on Arbitrary Arrests of Kenyan Fishermen by Ugandan Authorities.

Mr. Speaker, Sir, I was not given---.

Were you given the Order Paper for the day? Kindly assist the hon. Senator with the Motion

Proceed, Sen. Nyamu.

The Senate Minority Leader (Sen. Madzayo) : On a point of order, Mr. Speaker, Sir.

iii) Institute a protocol for sustainable development of the Lake Victoria Basin on the sharing of resources between partner states; and b) The Ministry of Interior and National Administration to deploy the Kenya Coast Guard in the territorial waters of Lake Victoria to enforce maritime security and safety. I thank you.

Proceed,

Bw. Spika, kulingana na Kanuni zetu za Kudumu, je, ni vyema Seneta ambaye anaheshimiwa ndiposa akateuliwa na Chama cha United Democratic Alliance (UDA) , kwa sababu waliona kuwa anafaa nafasi hiyo, kusimama mbele yetu na kuongea bila kuvaa viatu ama soksi?

Sen. Kinyua, may the Senator be heard in silence? Can you conclude on your point of order, Sen. Madzayo?

The Senate Minority Leader (Sen. Madzayo) : Bw. Spika, je, ni vyema Sen. Nyamu kuanza kuongea mbele yetu bila kuvaa viatu? Je, anaruhusiwa kuongea akiwa ‘miguu chuma’ mbele ya Maseneta wanaume na wanawake?

Kindly take your seat. The Senate Minority Leader (

Bw. Spika, kwa heshima na taadhima, nasimama kwa Hoja ya nidhamu. Je, ni sawa Seneta--- Ninapozungumza, ingekuwa vyema Seneta na kiongozi mwenzangu kuketi chini.

Thank you. Proceed,

Can we have order and make progress? Sen. Nyamu, focus on giving Notice of your Motion.

I am guided, Mr. Speaker, Sir.

Bw. Spika, je, ni vyema Sen. Nyamu kuanza kuongea mbele yetu bila kuvaa viatu? Je, anaruhusiwa kuongea akiwa ‘miguu chuma’ mbele ya Maseneta wanaume na wanawake?

Order, Senators! The business before us is very important and long. Let us stay focused on that business.

Back to the point of order raised by Sen. Madzayo. The only way to confirm that indeed Sen. Nyamu is barefooted is to allow her to approach the Chair. Sen. Nyamu, kindly approach the Chair.

Proceed, Sen. Cherarkey.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 52 (1) , to make a Statement on an issue of general topical concern and national importance, namely: the destruction and loss of lives caused by Tropical Cyclone Freddy in Malawi.

I rise today to address the devastating impact of Cyclone Freddy on our brothers and sisters in the Southern Africa region. Cyclone Freddy is a catastrophic and a long- lasting cyclone that is refusing to dissipate and has torn through the southern part of Africa. It has ravaged Malawi, Mozambique, Zimbabwe, Madagascar and Mauritius.

Mr. Speaker, Sir, Cyclone Freddy is the world's longest-lasting tropical storm. It has twice hit the African coast after crossing the Indian Ocean. Cyclone Freddy, formed in the south-eastern Indian Ocean off the coast of northern Australia in early February.

I am guided, Mr. Speaker, Sir.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.60 to give Notice of the following Motion-

THAT, AWARE THAT minimum wages in Kenya are specified as part of a national wage policy and guided by the Regulation of Wages and Conditions of Employment Act (CAP 229) aimed at reducing poverty as well as protecting and promoting the living standards of workers; CONCERNED THAT, despite the increase in Kenya’s minimum wage in May 2022 by 12% to help workers cope with the surge in consumer prices, the current inflation rates have had a knock-on effect on the cost of living and doing business in the country with the prices of goods, household energy bills, and transport remaining stubbornly high; NOW THEREFORE the Senate resolves that the Cabinet Secretary for Labour and Social Protection engages all stakeholders including the General Wages Advisory Board (GWAB) and the Agricultural Wages Advisory Board (AWAB) with a view of raising the minimum wage by at least 50% as from 1st May, 2023. I thank you.

Proceed, Sen. Cherarkey.

(Orders for First Readings read – Read the First Time and ordered to be referred to the relevant Committees) Next Order.

Sen. Kibwana and Sen. Madzayo, kindly proceed to your respective seats.

Mr. Speaker, Sir, I do not know what the Senate Minority Leader is looking for from Sen. Korir. Cyclone Freddy then crossed the entire ocean, passing Mauritius and the French island of La Réunion before landing in Madagascar on 21st February; and sweeping over the island before arriving in Mozambique on 24th February. It is sad that it has claimed over 200 lives and affected nearly 600,000 people. Our condolences, sympathies and empathies to the bereaved. I also recognize the bravery and unwavering efforts of the first responders, emergency personnel, and volunteers who have been working round the clock to rescue and assist those affected by the cyclone in the region. They are owed an immense amount of gratitude for their selfless service and sacrifice. These responders are now required more than ever as these natural disasters are increasing in intensity, frequency and impacting our world today. In this, we must also acknowledge the role climate change is having on these extreme weather events like Cyclone Freddy, even as the spouse of our beloved President, Dr. William Samoei Ruto takes charge. Mr. Speaker, Sir, it is critical that we act to address the underlying causes of climate change and work towards a sustainable future for our planet. I am happy that we are taking a lead as a country, led by our President and the Cabinet, as the House the other day considered, nominees for appointment to the National Climate Change Council.

As we increase the action in our nation, we want to encourage the global community to also work with the Government, Parliament and other stakeholders towards a better future and to protect our country and world.

As a nation, we stand in solidarity with our brothers and sisters in southern Africa – the countries of Malawi, Mozambique, Mauritius among others. We have an incredible opportunity and responsibility to offer our full support to help with the recovery and rebuilding process in those countries.

Providing assistance to one another during natural disasters is not only a moral responsibility, but also a practical requirement for building a more resilient and interconnected global community in Africa and across the world.

Thank you, Madam Temporary Speaker. I reiterate that this Report is not properly before this House. It has not been tabled properly, in conformity with our Standing Orders. This is the danger of rushing to amend Standing Orders to accommodate certain interests.

The practice and traditions of this House has been that whenever the Procedure and Rules Committee sits down to amend Standing Orders, they do not apply to this Session. They apply to the next Parliament, so that we do not change the rules of the game midway.

Madam Temporary Speaker, I would like you to find that this Report is not properly before this House and that it should go back. I do not know what the Standing Orders say, but once you sneak in a report to the House which has not been adopted--- This Report has not been adopted and we will be violating our Standing Orders by discussing a Report, which has been signed by only four Members.

At No.1, it has been signed by the Chairperson, who is the Speaker of this House. The others are Sen. Wakili Sigei, No.2; Sen. Abass, No.7; and Sen. Joe Nyutu, No.8. This Report was not adopted by five other Members. If you do your basic mathematics, nine minus four is five. It is not four.

I beg to submit.

(Orders for First Readings read – Read the First Time and ordered to be referred to the relevant Committees) Next Order.

What is your point of order?

Madam Temporary Speaker, ---

Let us have order in the House. Sen. Olekina, I have given a very simple direction. The Report was formally tabled. I was in this House yesterday.

We request the use of Parliamentary language, so that if business is properly brought before the House, you could use different words to describe the same thing that you saying without using the sneaky language.

So, I invite Sen. Olekina, to withdraw the use of the word “sneak” then we proceed. I can make a finding on the Report.

Madam Temporary Speaker, thank you for giving a directive. I wish to state here that I said – and the HANSARD will bear me witness – that “when a report is sneaked in”.

The Senate Majority Leader is so emotional. All that I am saying is, let us follow the procedures of this House. We have Standing Orders. He cannot come in here and say that I am against the Report. I did not debate on the substantive matters of the Report. All I did was open page one, two and three. When I opened page three, it is quite evident; it is on my right. I could see clearly that it has only been---

Madam Temporary Speaker, I will not be forced to take in words that I did not emit. I would like to request that the HANSARD be provided so that if, indeed, I said that the Committee tabled the Report, I will be more than happy to withdraw that sentence.

Thank you, Madam Temporary Speaker. I am looking at the Report that is before us.

First of all, we have gone against very cardinal rules of procedure in this House. You have allowed Sen. Olekina to cast aspersions on distinguished Senators. When you allow him to rise on a point of order and say that this Committee “sneaked in a Report”, that first of all needs to be deleted from the HANSARD and the records of this House.

The Senate Minority Whip was seated here yesterday in the afternoon. There is a procedure through which you table reports. The Order was called and the Chairperson of that Committee, whether you were there or not, is none of our business.

What we are concerned about is the fact that you have allowed a Senator to cast aspersions on colleagues, saying that those colleagues sneaked business into this House. That cannot be left on the record of this House. We know for a fact that this Order was called and a Report was tabled as is the normal procedure.

Before we go on to the point of order that he has raised, I would wish that Sen. Olekina withdraws the offensive part of his comments. It is just for purposes of record

Sen. Olekina!

Before we proceed, it is official and it was recorded yesterday in the proceedings of this House, that the Report was presented before the House. Whether it is properly before this House or not, that will be subject to a certain verification, which will be done by the Speaker.

In the meantime, I invite Sen. Olekina to withdraw the use of the word “sneak” and use different words.

On a point of order, Madam Temporary Speaker. The business of this House must be conducted in order.

Standing Order No.99 forbids anticipation of debate. I have sat here, waiting for the Motion to be moved, so that we are seized of the matter. Even before the Senate Leader of Majority has moved something, we do not want filibustering.

Let us be seized of the matter and then if there are issues, Sen. Olekina will be heard, but not before. You cannot gag the Senate Majority Leader; let him be heard! Let him be heard.

I have given---

Madam Temporary Speaker, thank you for giving a directive. I wish to state here that I said – and the HANSARD will bear me witness – that “when a report is sneaked in”.

The Senate Majority Leader is so emotional. All that I am saying is, let us follow the procedures of this House. We have Standing Orders. He cannot come in here and say that I am against the Report. I did not debate on the substantive matters of the Report. All I did was open page one, two and three. When I opened page three, it is quite evident; it is on my right. I could see clearly that it has only been---

Madam Temporary Speaker, I will not be forced to take in words that I did not emit. I would like to request that the HANSARD be provided so that if, indeed, I said that the Committee tabled the Report, I will be more than happy to withdraw that sentence.

I said, “if a report is sneaked in.” We have a secretariat and if I raise an issue, it could be points of debates that I raised. So, are you telling me that we will now be gagged and forced to use the right words that the Senate Majority Leader will be comfortable with?

Sen. Olekina!

Madam Temporary Speaker, our Standing Orders provide that I substantiate. So, can the HANSARD be brought here, so that it can attest to what the Senate Majority Leader is alleging?

Sen. Olekina, I am presiding over the House. I have listened to you and heard your objection. Sen. Olekina, I have given you a direction.

On a point of order, Madam Temporary Speaker. The business of this House must be conducted in order.

Standing Order No.99 forbids anticipation of debate. I have sat here, waiting for the Motion to be moved, so that we are seized of the matter. Even before the Senate Leader of Majority has moved something, we do not want filibustering.

Let us be seized of the matter and then if there are issues, Sen. Olekina will be heard, but not before. You cannot gag the Senate Majority Leader; let him be heard! Let him be heard.

I have given---

On a point of Order, Madam Temporary Speaker.

What is your point of order, Sen. Wambua.

That will be the last point of order before I make a finding with respect to that Report.

Madam Temporary Speaker, I thought we were out of this, but clearly, we are not.

The point of order raised by Sen Olekina and the contribution by my good friend, the Senator for Tana River, on whether or not it is proper to anticipate debate, are two completely different things. We are asking the Chair to make a determination as to whether the Report that is just about to be tabled or moved for debate is properly before this House.

Madam Temporary Speaker, you said that we should be orderly; I am trying to be orderly. Standing Order No.223 is clear. Do you have a copy of it? Sen. Olekina has demonstrated that Standing Order No.223 (2) has been violated. That whereas the requirement is that five out of the nine Senators should approve a report before it is Tabled, in this case, only four have approved that report. The question that the Minority side is asking the Chair is to make a determination on whether that Report, before it is even moved, is properly before this House.

Lastly, this discussion on procedure and rules is critical. You need to give us direction from where you sit whether if a Member of this House tables a report unprocedurally, and the later on, it is discovered that the report was not properly tabled, this House has a duty of care to its own procedures to correct that mess or we live with it.

I thank you.

Sen. Wambua, I wish that you had paid close attention to the direction that I had given to the House just before I allowed you to rise on that point of order.

We were finishing discussion on the use of unparliamentarily language used; the use of the word ‘sneaky’. I said that I will make a finding on the Report, but you were so agitated, and therefore, even not following through what the Speaker is giving as directions to the House.

I had given a direction that, that will be the last point of order and the I will make a finding as expected by the House on the Report.

I have looked at the report and the Clerk can open that report again for me. Clerk, open that report again for me. I have also looked at the Standing Order No.223 (2), which states-

‘The report of a Select Committee having been adopted by a majority of the Senators shall be signed by the Chairperson on behalf of the Committee.’ I hope that is expressly clear. That should settle the matter that the Report is properly before this House.

That finding is wrong.

Yes, Madam Temporary Speaker, the Senate Deputy Minority Leader, the Deputy Minority Whip, and other Senators from

Madam Temporary Speaker, I plead with my colleagues. You have given directions on the issue of the language used by the Senator for Narok County. The next question for you to determine, which you have, is if this report is properly before the House.

Sen. Madzayo, are you accusing the Chair? I hope you are not.

I have given opportunities to both sides of the House to speak on the point of order that was raised by Sen. Olekina himself and I have made a finding on it. I request that you now resume your seat because what you are stating is factually incorrect.

On a point of Order, Madam Temporary Speaker.

What is your point of order, Sen. Wambua.

That will be the last point of order before I make a finding with respect to that Report.

Madam Temporary Speaker, I thought we were out of this, but clearly, we are not.

The point of order raised by Sen Olekina and the contribution by my good friend, the Senator for Tana River, on whether or not it is proper to anticipate debate, are two completely different things. We are asking the Chair to make a determination as to whether the Report that is just about to be tabled or moved for debate is properly before this House.

Madam Temporary Speaker, you said that we should be orderly; I am trying to be orderly. Standing Order No.223 is clear. Do you have a copy of it? Sen. Olekina has demonstrated that Standing Order No.223 (2) has been violated. That whereas the requirement is that five out of the nine Senators should approve a report before it is Tabled, in this case, only four have approved that report. The question that the Minority side is asking the Chair is to make a determination on whether that Report, before it is even moved, is properly before this House.

Lastly, this discussion on procedure and rules is critical. You need to give us direction from where you sit whether if a Member of this House tables a report unprocedurally, and the later on, it is discovered that the report was not properly tabled, this House has a duty of care to its own procedures to correct that mess or we live with it.

I thank you.

Sen. Sifuna, he is on a point of order. I believe you know the rules.

I had given a direction that, that will be the last point of order and the I will make a finding as expected by the House on the Report.

I have looked at the report and the Clerk can open that report again for me. Clerk, open that report again for me. I have also looked at the Standing Order No.223 (2), which states-

‘The report of a Select Committee having been adopted by a majority of the Senators shall be signed by the Chairperson on behalf of the Committee.’ I hope that is expressly clear. That should settle the matter that the Report is properly before this House.

That finding is wrong.

Sen. Olekina, you are going overboard. Do not do that. I have made a ruling.

I will give Sen. Cheptumo a chance to make his point of order. Let us have order in the House once again.

Madam Temporary Speaker, I plead with my colleagues. You have given directions on the issue of the language used by the Senator for Narok County. The next question for you to determine, which you have, is if this report is properly before the House.

Sen. Cheptumo, it has been dispensed with.

Madam Temporary Speaker, you read the order which is clear.

Allow Sen. Cheptumo to finish his submission on the point of order.

I believe there is an intention by the Minority Side to derail the debate of this particular Motion.

Madam Temporary Speaker, I had requested you earlier.

This is not the first time we are finding ourselves in such a situation. The Minority of this House are beginning to set a very bad precedent. Unfortunately, they are aided by your office.

Once the Speaker has made a determination on a matter, the practice of Parliament world over is that that matter is seized off and we move on to the next business. There is no way you can challenge the decision of the Chair. It is common sense.

Secondly, if you wanted to allow them a second bite at the cherry, I want Sen. Olekina, and Sen. Wambua to read the plain reading of the Standing Order they are quoting so that they understand the absurdity of the argument they are making.

Madam Temporary Speaker, read Standing Order No. 223. It speaks that: ‘The report of a Select Committee having been adopted by a majority of the Senators shall be signed by the Chairperson on behalf of the Committee.’

The debate they are having is ‘adoption.’ That once the matter has been adopted-- --

I say so because Standing Order No.223 is so clear. I plead with our Members. Let us make progress. We need to move and deal with this matter.

I believe the Standing Orders are clear. My colleague, Sen. Olekina, is a senior Member of this House. It is only fair that we allow. It is the majority of the Members of the Committee to sign the report and it will become procedural in the House. It is so clear.

Madam Temporary Speaker---

I am directing from the Chair that you allow the Senate Majority Leader to finish.

Madam Temporary Speaker, a plain reading, Standing Order No. 223 speaks to the signature of the Chairperson, the

Madam Temporary Speaker, I assure you, on behalf of the Minority side, that nobody here is interested in playing any games. We are interested in protecting the integrity of this House including how business that comes to this Floor is processed. We do not have a problem if the Committee goes back to redo their report and sign with a majority that we can all see. It is a question that is very easily ascertainable.

I do not mean to impute any negativity on the part of the Chair, but, we do not understand how it is so difficult. How can something we are looking at from this position be different from something that you as the Chair are looking at from that position? We do not understand how it is possible.

Sen. Sifuna, wind up your point of order.

Madam Temporary Speaker, we are all capable of establishing whether a document has been signed by the majority of the Members.

When we see such decisions, then we start questioning whether we have fairness in this House. From those documents, it is very clear that only four Members out of the nine have signed. So, it is not a report that should be brought before this House.

Please, let us not force issues. Let us correct where mistakes have been made and we move forward together as a House.

The Senate Majority Leader, please, resume your seat. Minority side, let us have order. I have given a ruling on that issue.

Sen. Madzayo, this is the third time I have asked you to resume your seat. I will now take action against you. Resume your seat.

Minority and Majority sides, I have rendered ruling on this matter. We proceed with the next Order.

Senate Majority Leader, proceed with the Motion. I have given a direction. We are moving on with the Motion.

On a point of order, Madam Temporary Speaker.

Can you allow me--- Sen. Madzayo, resume your seat. Allow the Senate Majority Leader to complete his point of order.

Madam Temporary Speaker, I beg to move that pursuant Standing Order No. 267 and 270, the Senate approves the Fifth Report of the Procedure and Rules Committee on periodic amendments to the Standing Orders of the Senate, laid on the Table of the Senate, on Tuesday, 21st March, 2023, and pursuant to the provisions of Article 124 (1) of the Constitution and Standing Orders 270 and 272-

On a point of order, Madam Temporary Speaker.

Sen. Sifuna, the point of order will come after he finishes moving the Motion.

Some hon. Senators: No!

Let him finish moving the Motion. You will respond. I shall give you a chance.

Thank you, Madam Temporary Speaker. I do not know why the Minority side feels fidgety about this particular issue. How this House resolves matters is---

Madam Temporary Speaker, we shall not be intimidated.

You will have the opportunity to speak. They will choose otherwise and if they do not agree, I am sure they will speak through their vote. Therefore, the second amendment---. You remember for three weeks this House could not move because of the squabbles and fights regarding leadership of the Minority side.

Because of you!

It will pend the direction I have given, Sen. Olekina. It will come after what I have given as direction to proceed with the House.

Proceed, Senate Majority Leader.

Senate Majority Leader, use parliamentary language.

On a point of order, Madam Temporary Speaker.

Sen. Sifuna, the point of order will come after he finishes moving the Motion.

Some hon. Senators: No!

I will use parliamentary language on people who behave in a parliamentary way. If you heckle, I will refer to you as a heckler because that is what you are!

Thank you, Madam Temporary Speaker. I do not know why the Minority side feels fidgety about this particular issue. How this House resolves matters is---

It was caused by you!

Madam Temporary Speaker, I will ignore somebody heckling in the House and continue. For three good weeks, we could not make progress. Part of what the Committee on Rules and Procedure has recommended is that once your good office is furnished with a letter either from the Majority Leader, Minority Leader, Majority Whip or Minority Whip regarding leadership for their side on any matter, you are supposed to make a communication within three days of sitting.

I do not understand why anybody could be opposed to such good proposals because we are reacting to live matters. We have seen the culture that is being set in this House where, when you do not agree with a decision of the Speaker, you try to paralyze

Because of you!

Thank you, Madam Temporary Speaker. As I rise to support this Motion, I must, first of all, speak to the issue that led to where we are today. In the history of this House, I am aware that in the 12th Parliament, the Standing Orders of this House were amended not once or twice but more than that. In December, 2018, the Standing Orders were amended in order to change the structure of the committees of this House. This House formerly went through the procedure that we are currently undertaking.

In July, 2020, an amendment to the Standing Orders was also conducted where virtual sittings were accommodated by the House in the course of the COVID-19 Pandemic.

In December, 2021, similar amendments were done to the Standing Orders of this House. Speaking to the Motion that has just been moved by Senate Majority Leader, it is informed by the need to have the House progress in transacting its business.

One of the reasons why this Motion has been moved is to ensure that there is some level of accountability in the Executive by ensuring the Cabinet Secretaries have an opportunity to appear before the Senate to answer questions from Members of this House and also from their representation responsibility conferred to them by the members of the public. They ask questions so that the Executive can answer not only to this House but also to the general public because this is a House that has got roles and responsibilities to deliver to the public.

The proposed amendments to the Standing Orders are on that particular line. I do not see the reason why my colleagues from the Minority Side are saying this is wrong. I moved the notice on the Floor of the House yesterday and nobody objected to it. It was passed and that is the basis upon which today the Motion has been properly moved by the Senate Majority Leader.

Allow me to speak to the issue of numbers. If they were to spare a moment to look at the document placed before them, annexure No. 3 has got the list of names of the Members of the Procedure and Rules Committee that sat and approved the Report. That number is not four as alleged; it is five. I want to ask my colleagues to spare some time and deal with the document that has been presented before them before they raise matters on procedure and numbers which are glaring.

Madam Temporary Speaker, this amendment makes specific proposals. The first one is about the timeliness within which communication from the Chair is to be made. I am aware that the Senate Majority Leader has alluded to that fact. Three weeks ago, we had that challenge in the House.

The proposals by the Committee is to provide the Speaker with time and opportunity to look at the documentation before their desk so that appropriate communication is made. This is in reference to Standing Order No.23.

Whenever there are changes in the Office of the Senate Majority Leader or the Majority Party, or changes in the Office of the Senate Minority Leader or the Minority Party, the Speaker should have an opportunity to look at the kind of communication placed before him before making a communication to the House.

In this particular case, if it is about considering the authenticity of any document, including a court order, the Speaker will have an opportunity to authenticate the documents filed in court, asking the court about the same and closing the issue, so that we communicate after authenticating the information.

The second proposed amendment on the appearance of the Cabinet Secretaries (CSs) has given this House the opportunity to set a date. In this case, we are proposing Wednesday as a day when questions will be asked. The nature of the question is also provided for. I do not see the reason somebody is opposing it, yet on the other hand, they are asking for accountability from those vested with authority as CSs to run the affairs of this country.

Madam Temporary Speaker, as I second this Motion, I request my colleagues to appreciate the need for CSs, Principal Secretaries (PSs) or the nominees to appear before the House in good time to respond to questions. I request this House to adopt the Motion as presented.

I thank you. Temporary Speaker (Sen. Veronica Maina): Hon. Senators, I now propose the question.

If you heckle, I will---

Minority side, let us have order once again. Sen. Wambua, resume your seat.

I will use parliamentary language on people who behave in a parliamentary way. If you heckle, I will refer to you as a heckler because that is what you are!

Madam Temporary Speaker, this is the point. Three weeks ago, we could not make progress in this House because of squabbles in leadership of the Minority side. We have---

It was caused by you!

Madam Temporary Speaker, I will ignore somebody heckling in the House and continue. For three good weeks, we could not make progress. Part of what the Committee on Rules and Procedure has recommended is that once your good office is furnished with a letter either from the Majority Leader, Minority Leader, Majority Whip or Minority Whip regarding leadership for their side on any matter, you are supposed to make a communication within three days of sitting.

I do not understand why anybody could be opposed to such good proposals because we are reacting to live matters. We have seen the culture that is being set in this House where, when you do not agree with a decision of the Speaker, you try to paralyze

the business of the House by making allegations, noise and interrupting other speakers as they make their contributions.

Therefore, this is a very good proposal. I support it and wish to request Members of the Senate; those who believe in accountability and diligent oversight to support this Report so that we can make progress together.

I beg to move and request Sen. Wakili Sigei, a Member of this Committee, to second.

I thank you.

We are creating a bad precedent on the running of business in this House. Profound respect to both sides, but what we have done today does not look good at all.

Hon. Senators, let us proceed with debate and give Kenyans what they are looking for by discussing substantive Motions.

An

Point of order, Madam Temporary Speaker.

Hon. Senators, I now propose the question.

On a point of order! Temporary Speaker (

What is your point of order?

Sen. Mwaruma, this is a spent issue. You should have raised it at the point when the Senate Majority Leader used it. We will proceed because we will not debate that issue.

On a point of order, Madam Temporary Speaker. Temporary Speaker (

Okay, proceed Sen. Olekina.

Madam Temporary Speaker, let me just request and beseech the Chair that this House should only be guided by Standing Orders. Even limiting debate is expressly provided for in the Standing Orders. In the event that we want to limit the debate, we should do so before commencement of any debate.

The truth of the matter is that Standing Order No.1 provides for matters that are not expressly provided for in the Standing Orders. I really want to beseech us to respect our own rules.

I oppose this Motion, first, because Standing Orders are permanent rules and procedures of this House. We have looked at the Constitution. Article 153 is very clear on this matter of inviting CSs to come to Parliament. It is expressly provided for in this Constitution. I will read it. Article 153 (3) states that -

“A Cabinet Secretary shall attend before a committee of the National Assembly, or the Senate, when required by the committee, and answer any question concerning a matter for which the Cabinet Secretary is responsible.” Article 153 (4) (a) says - “4) Cabinet Secretaries shall -

What is your point of order? It should not be on that issue because I have ruled on it.

Madam Temporary Speaker, with the greatest respect, I stood up on a point of order when he made that comment. Your direction – the HANSARD will bear me witness – was that we wait for him to finish moving that Motion before we raise points of order. We have proceeded to do just that. Instead of you giving proper directions on him withdrawing that, you are telling us that the matter is spent. We would like to be given specific directions from your Chair on how exactly that matter is spent.

The HANSARD will bear me witness that you are the one who directed that we wait until he finishes moving the Motion, then raise points of order like Sen. Mwaruma did. So, how is it spent when you have not made a direction on him to withdraw calling us names?

Sen. Sifuna, while I listen to your point of order, I hesitate to imagine that you want me to revisit that. This is because I will seek---

Please, resume you seat Senator.

I will seek your description of what was happening a few minutes ago in this House. That is why I do not want to revisit it.

I have given instructions. The way we are running---

Madam Temporary Speaker, I rise to support this Motion on amendment to the Standing Orders. As provided for by the Constitution, the President did indicate that he wants to work with Parliament. The former President used to see Parliament as enemies, adversaries and nuisance. That is why he used to arrest a number of us.

Madam Temporary Speaker, Article 153 states that a Cabinet Secretary shall attend before a Committee. People should read this Constitution. If you want to know pickpockets in town, see how they read newspapers. They read it upside down.

An

Point of order, Madam Temporary Speaker.

Not on that issue.

Madam Temporary Speaker, I rise to support the Motion. I served as the Member of Parliament (MP) for Baringo North during the Tenth Parliament. That was before promulgation of the Constitution of Kenya 2010. At that time, we had occasions to raise questions before Ministers.

In the amendments that have been proposed by the Committee, the Motion is trying to allow these elected and nominated Senators serving the interest of the people of Kenya, to face the men and women who have been given the chance by the Government to deal with their matters so that they are able to ask the questions on matters affecting their constituencies and counties.

I stand here as a person who has been able to witness the situation as it is now, and as it was before the 11th Parliament. When we have a CS appearing before this House, so that they can be able to answer questions; this House will have a direct conversation with the people that the Government has given a chance to serve them.

Madam Temporary Speaker, I have chaired the Committee on National Security, Defense and Foreign Relations. We have a problem in this country today. Issues raised by these Members cannot be adequately answered by response to Statements from CSs. There is not even a moment to seek for supplementary questions on those issues.

In my Committee, I now have answers for four Statements whose responses Members of this House are not even able to understand.

This is the moment. I thank the President of the Republic of Kenya, H.E. William Samoei Ruto, because he has confirmed to the nation that he wants a government that is accountable to the people of Kenya, through elected leaders. This is the only moment that these Members can indeed be able to raise issues directly to the Government.

It is indeed the moment. I am proud because I will have similar time like I had in the 10th Parliament, to seek ask questions from Cabinet Secretaries, directly from here.

Madam Temporary Speaker, because of time limitation, this is the direct direction. I therefore, support.

I have pressed. Look at it.

Madam Temporary Speaker, is the distinguished Senator from Nandi County in order to state that a distinguished Senator, who represents the people of Narok County reads the newspaper upside down?

I have just read the Constitution. We may be over-zealous in the points that we want to put across. I beseech that you find him completely out of order for his cantankerous behaviour in insulting me. He should not.

I have a lot of respect for Sen. Cherarkey. The HANSARD will bear me witness and I will be happy to produce it. These two were the ones who opposed that provision of attempting to bring in CSs here, quoting the same Article in the Constitution.

It is not to finish. My microphone was off.

Madam Temporary Speaker, I wish to end by saying---

Proceed, Sen. Mandago. Is he there? He is not there.

Next is Sen. Cherarkey.

Thank you, Madam Temporary Speaker.

You need to read this Constitution properly. The Constitution says, “provide Parliament with full and regular reports concerning matters under their control.” It says “provide Parliament”.

These people, including my brother, Sen. Olekina, are like people who read newspapers upside down.

I gave you a chance and you should have used it immediately.

Sen. Olekina should be called out of order. He does not need to shout. He should key in.

Sen. Olekina, the procedure for seeking a point of order is well delineated under the rules. You have not pressed on your system.

I have pressed. Look at it.

Madam Temporary Speaker, in literature, there is symbolic language. I said “reading newspapers like”. I used it figuratively. I did not mean that Sen. Olekina reads the newspaper upside down.

Madam Temporary Speaker, can I proceed to prosecute my three issues?

Hon. Senators, maintain your cool. Let him finish in half a minute.

Sen. Olekina, finish your point of order.

The Minority Side have the habit of walking out but there is no problem. I sympathize and empathize with them. If their leadership of whips are hecklers, then it is very unfortunate.

Hon. Senators, I will give each of you a chance to respond to whatever contribution Sen. Cherarkey is giving. Be patient for him to finish.

Sen. Cherarkey, wind up.

Madam Temporary Speaker, the Azimio One Kenya Alliance have said they will be demonstrating on Mondays and Thursdays. They should go and demonstrate there and not inside the House.

Madam Temporary Speaker, it is really disturbing to see the Senate Majority Leader acting like a heckler. It is wrong. He is the Majority Leader and this House belongs to him. He should be leading by example. We have guests in this House who are listening and watching. They are learning and seeing the way he is behaving.

Sen. Olekina, resume your seat now.

Time is up. Resume your seat, Sen. Cherarkey.

Sen. Osotsi, you may proceed. Hon. Senators, when you get an opportunity, use the five minutes in a wise manner.

Hon. Senators, on the Majority Side, allow Sen. Osotsi to contribute.

Madam Temporary Speaker, an issue was raised through a point of order on the adoption of the Report. You said that you will retire and give a ruling on the same. One of the Members who signed the Report is the Speaker of the Senate.

When you retire to make your ruling, we would like you to also make a ruling on whether the Speaker has a vote in the Committee.

Madam Temporary Speaker, I take you to Article 122 of the Constitution of Kenya, particularly on Article 122 (4) that says –

“In reckoning the number of members of a House of Parliament for any purpose of voting in that House, the Speaker of that House shall not be counted as a member.” Madam Temporary Speaker, the Speaker has adopted the report. Meaning, he has voted for the report. That means that we only have three Members who adopted the report. When you talk about the majority of the Members, passing a report out of the nine Members ---

I do not want to be informed.

Sen. Osotsi, you are being informed.

I do not want to be informed.

Madam Temporary Speaker, I need your protection.

Can the Senators who are standing resume their seats except Sen. Osotsi?

Sen. Cherarkey, be careful now. Resume your seat.

Sen. Osotsi, your time is up. Kindly, resume you seat.

How can someone dare me when they left a T-shirt with the police? I have never run away from the police. I have slept on the floor of a police cell for six days.

Time is up. Resume your seat, Sen. Cherarkey.

Sen. Osotsi, you may proceed. Hon. Senators, when you get an opportunity, use the five minutes in a wise manner.

Sen. Chimera, do you have a point of order? What is your point of order? Resume your seat, Sen. Orwoba.

Madam Temporary Speaker, I rise under Standing Order No.109. Allow me to read the Standing Order in verbatim. Standing Order 109 states-

‘After the question on a Motion the Mover of which has a right of reply has been proposed, a Senator rising in his or her place may claim to move “That, the Mover be now called upon to reply”, and, unless the Speaker is of the opinion that such Motion is an abuse of the proceedings of the Senate, or an infringement of the rights of Senators, the question “That, the Mover be now called upon to reply”, shall be put forthwith, and decided without amendment or debate and if that question is agreed to, the Mover may immediately reply to the debate, and as soon as the Mover has concluded or, if the Mover does not wish to reply, the

Speaker shall put the question, subject to Standing Order 66 (3) (Manner of debating Motions).

Sen. Chimera, finish your point of order.

Sen. Chimera, resume your seat, I want to make a decision.

This is a Motion which is of serious national importance and we shall allow the same to be debated. We have a number of Senators who have shown interest in the Motion.

Can the Senators who are standing resume their seats except Sen. Osotsi?

Sen. Cherarkey, be careful now. Resume your seat.

Sen. Osotsi, your time is up. Kindly, resume you seat.

An

Thank you, Madam Temporary Speaker, I ask that you protect me so that I can deliver my contribution.

Resume your Seats; Sen.

Madam Temporary Speaker, I rise under Standing Order No.109. Allow me to read the Standing Order in verbatim. Standing Order 109 states-

‘After the question on a Motion the Mover of which has a right of reply has been proposed, a Senator rising in his or her place may claim to move “That, the Mover be now called upon to reply”, and, unless the Speaker is of the opinion that such Motion is an abuse of the proceedings of the Senate, or an infringement of the rights of Senators, the question “That, the Mover be now called upon to reply”, shall be put forthwith, and decided without amendment or debate and if that question is agreed to, the Mover may immediately reply to the debate, and as soon as the Mover has concluded or, if the Mover does not wish to reply, the

I will render a judgement on it. The Speaker is in charge; let me hear the point of order. I will respond to it.

Resume your seat Sen. M. Kajwang’.

Sen. M. Kajwang’, resume your seat.

Madam Temporary Speaker, having read Standing Order No. 109, I humbly wish to move that the Mover of this Motion be called to reply.

Sen Madzayo, let me hear the point of order by Sen. Chute.

He is not moving; I have not given him a right to move a Motion before this House. He is on a point of order. Please, settle down.

Asante sana Bi. Spika wa Muda. Hii Nyumba imerudi kuwa kama ya watoto wadogo wanaopiga kilele. Pande zote mbili ni kama hawakuheshimu. Sen. Cherarkey, upande huu na upande ule mwingine, ni Seneta wa Nairobi. Tafadhali tupa hawa watu nje ili wajue hicho kiti umekikalia vizuri. Kama hautafanya hivyo, hawa watu watakusumbua mpaka kesho.

An

Right now!

Sen. Cherarkey, resume you seat.

On a point of order, Madam Temporary Speaker.

The Senate Leader of Minority (Sen. Madzayo): Huu ni wakati mgumu sana kwa waislamu. Ni wakati ambao wamejiweka mbele ya Mwenyezi Mungu. Mhe. Amina Munyazi alionyeshwa madharau ambayo haiyajaonekana ndani ya hii nchi kwa mwanamke wa Kiislamu.

Bi. Spika wa Muda, hili si jambo la kuchezea namna hiyo. Hata kama wewe ni askari na hauheshimi dini ya Kiislamu, sisi tunakwambia kitu kimoja, wewe askari uliyemvua nguo, na wewe ulikuwa mama, heshimu dini ya kiislamu.

Hon. Senators, earlier, the Speaker directed that the Senate Minority Leader moves a Motion under Standing Order No.37 at 5:30 p.m.

I have been informed that it is now 5:32 p.m. We will resume and finalize this other debate tomorrow. So, I call upon the Senate Minority Leader to move the Motion.

Yes. I stand to second the Motion.

Yes, allow me to lay a background.

Do not describe physical characteristics.

Niruhusu niweze kuweka Mjadala huu kwanza katika Bunge la Seneti hivi sasa.

Sen Madzayo, let me hear the point of order by Sen. Chute.

He is not moving; I have not given him a right to move a Motion before this House. He is on a point of order. Please, settle down.

On a point of order, Madam Temporary Speaker.

Kitendo hicho cha kupiga risasi ni kinyume cha sheria. Askari hawaruhusiwi kupiga watu risasi. Askari hawaruhusiwi kurusha hata hiyo teargas ambayo inarushwa wakati kuna fujo. Lakini haya yalikuwa maandamano ambayo yalikuwa yanafanywa katika nchi nzima kulingana na ile barua pepe tuliyopeleka kwa mkuu hapa Nairobi ili watu waweze kufanya maandamano ya amani.

Lakini polisi wenyewe walikuwa wa kwanza kutupa teargas mimi nikiwa hapo. Tukawafuata na tukawaambia hata wakaomba msamaha-- Alimwambia yule polisi asitupe teargas kwa watu ambao hawana silaha, hawapigi kelele wala hawafanyi fujo, na tukaingia.

Bi. Spika wa Muda, tuliweza kuingia pale KICC ambapo kuna ofisi za Maseneta. Tuliweza kusimama pale na kuongea kidogo na watu waliokuwa pale. Hakukuwa na fujo hata kidogo. Kitu cha kushangaza ni kwamba ndani ya KICC Wabunge hawatembei wakiwa wamebeba bunduki.

Mimi mwenyewe nilikuwa mmoja wa wale watu, na nilikuwa sina silaha wala sijui kutumia hata hiyo silaha wala sina haja nayo. Tulipigwa teargas, watu waka---

An

Senator, I hope you will take the wisdom of that objection by Sen. Mandago.

processions. Indeed, the coalition known as Azimio la Umoja did notify the Nairobi City County Commander via a written letter that we would be undertaking maandamano.

It was shocking to hear the police in Nairobi declaring that the planned procession by Azimio la Umoja-One Kenya Coalition Party was unlawful. Since we understand that under the Constitution, we do not need anybody’s permission, we decided to proceed and that is exactly what we did.

I was in the company of my colleagues here when we set out from these premises to Kenyatta International Convention Centre (KICC) which, by the way, is an extension of Parliament because that is where our offices as Senators in this Republic are.

We were surprised to meet the Officer Commanding Station (OCS) at KICC. Without any reason or excuse, they hurled teargas at MPs. You could see me following him to ask if there was a grave mistake we had committed to warrant being teargassed. We have decided that there will be individual responsibility on police officers.

Not every police officer misbehaved on that day. Kudos to all police officers who observed Article 37 of the Constitution. However, there are a few elements who still do not understand the breadth of this right. We have identified the OCS at KICC and a Directorate of Criminal Investigations (DCI) officer who was targeting Members, including myself, with live rounds of ammunition at Wabera Street.

I want to tell the people who laugh and joke about these matters. Luckily you are my colleagues. In the event that I meet my demise on the streets, my family has assured that they shall set aside a tent for Senators. You might laugh and joke about these things, but you are the ones who will come to bury me and I am sure you will do it gladly.

I wish I had time to print an image of a child called Master Lewis Musera, who was hit on the head by a tear gas canister in Makadara. People laugh and say it is just a tear gas canister. If that projectile is fired directly at you from the distance at which I am speaking, be assured there will be funeral in your home area. What are we doing as Azimio la Umoja-One Kenya coalition party leaders?

In the past, we have had people who have confessed to infiltrating Opposition maandamano and committing nefarious crimes, including people who bring old cars and burn them and accuse supporters of the Orange Democratic Movement (ODM). We are going to be vigilant. In fact, we will not tolerate anyone calling themselves police officers in civilian clothing on Monday and Thursday next week, because that is how thugs are coming to harm people.

Madam Temporary Speaker, we want to exercise our rights.

Sen Sifuna, your time is up.

Huu ni wakati mgumu sana kwa waislamu. Ni wakati ambao wamejiweka mbele ya Mwenyezi Mungu. Mhe. Amina Munyazi alionyeshwa madharau ambayo haiyajaonekana ndani ya hii nchi kwa mwanamke wa Kiislamu.Bi. Spika wa Muda, hili si jambo la kuchezea namna hiyo. Hata kama wewe ni askari na hauheshimi dini ya Kiislamu, sisi tunakwambia kitu kimoja, wewe askari uliyemvua nguo, na wewe ulikuwa mama, heshimu dini ya kiislamu.

Sen Sifuna, I will give you half a minute to finish your sentence.

Madam Temporary Speaker, we have heard dangerous pronouncements from some of the colleagues in the political circles talking about final

Nikimalizia, hao ni viongozi wetu ndani ya chama chetu. Kwa hivyo, tunahitaji heshima. Kitu chochote kikitendeka kwa Baba Raila Odinga, tutajua ni polisi ama ni wale wengine ambao wameweza kujipanga na kuweza kufanya vile wanavyotaka kufanya. Nataka kutoa tahadhari ya kwamba jambo lolote lisitendeke juu ya Baba Raila Amolo Odinga. Namuita ndugu yangu Sen. Sifuna aje aweze kusecond.

solutions to certain people who they consider to be the problem. I am a student of history just like you. You will remember the question of the final solution of Jews in Europe.

We should not use such language. By the time you resort to violence, it means you have lost the argument. Engage us in robust debate the way we are doing here. If you are unable to engage us, please remove the police, so that we can deal with you straight, mundu khu mundu.

I thank you.

Have you seconded the

Madam Temporary Speaker, with all my body parts, I second the Motion.

Proceed, Sen. Thang’wa.

Madam Temporary Speaker, as I rise to comment on the Motion, I rarely shout or heckle but I want to interest you with the term “Stockholm syndrome”. That is where one falls in love with their tormentors.

Madam Temporary Speaker, I have been rising on points of order with my cool but you have not been seeing me. I am not insinuating anything but when Members of the minority side raise points of order even on a small issue, they are given opportunity. Kindly check on that.

I am just giving information. It is going to happen as we watch. Just wait and see. Madam Temporary Speaker, I have one thing to say. First, I do not support police brutality. I do not support people being beaten up, injured or shot by the police. However, we should remember that Members of the minority side are on record saying that; “ndio baba awe, lazima watu kadhaa wafe.”

Every time there are demonstrations, they hide their goons within the police so that they can kill a few people and then come and set the agenda on this House.

Madam Temporary Speaker, they sit down after the demonstration and say, “how many people did we kill? How many people died?” How many people--- so that---

Do not describe physical characteristics.

No, I have not described anyone, Madam Temporary Speaker. I want to request you, please do not engage in our brawls. Please. Just sit and be a neutral referee. I have not named anyone.

On a point of order, Madam Temporary Speaker.

Debate, you have the Floor.

Madam Temporary Speaker, this House is becoming ungovernable. I think it is very important that---

Boss, you cannot tell me what to do. You are not--- I will shout at you. You are not going to tell me what to do in this House. I did not come here with your permission.

Yes. Then you are not the Chairperson. Do not shout here. You do not become a hooligan.

Temporary Speaker

: Hon. Senators---

Protect me, Madam Temporary Speaker. These hooligans are shouting in the House all the time.

Temporary Speaker

: Hon. Senators, I have pleaded several times that we maintain order in the House. The Speaker will now take action against any Senator found to be out of order. So, maintain the cool. Let us do the debate.

I agree with you, Madam Temporary Speaker. Before I prosecute my thoughts on this matter, I think that the frustration that is coming in this House over and over is because of the simple issue of not implementing the rules of this House.

If a hon. Senator in this House can decide to call the name of anybody without a substantive Motion to be discussed in this House the way we have seen the Senator of Kiambu County discussing Rt. hon. Raila Odinga, what are we doing? In every single bit of discussion of this House, help us enforce the laws of this House. There is no way you can allow Sen. Thangw’a to talk about an individual who is not here at all.

If this happens---

Do you want to pour water on me?

Madam Temporary Speaker, I am not obliged to be lectured or listen to anyone. We have children. If you feel the need to lecture anyone, go home and lecture your children. I was not elected to be lectured by anyone. That is a fact. Let me proceed to second the Motion.

Madam Temporary Speaker, this is what I was saying. People keep on shouting here against your own rules.

Temporary Speaker

: Hon. Senators---

I am a Senator and I am supposed to be heard in silence. Sen. Orwoba is shouting. This hooligan here is shouting. Another hooligan there is shouting.

Temporary Speaker

: Sen. Oketch Gicheru, when I am addressing the House, you ought to listen, not to continue shouting. Resume your seat. Resume your seat Sen. Oketch Gicheru.

Sen. Oketch Gicheru, if I have to warn you again, I will rule you out of order and you might have to exit.

Sen. Okenyuri, you may proceed.

Madam Temporary Speaker, my time was not over. Temporary Speaker

: Sen. Okenyuri, proceed.

Thank you, Madam Temporary Speaker. I also want to be heard in total silence.

Madam Temporary Speaker, we have heard dangerous pronouncements from some of the colleagues in the political circles talking about final

solutions to certain people who they consider to be the problem. I am a student of history just like you. You will remember the question of the final solution of Jews in Europe.

We should not use such language. By the time you resort to violence, it means you have lost the argument. Engage us in robust debate the way we are doing here. If you are unable to engage us, please remove the police, so that we can deal with you straight, mundu khu mundu.

I thank you.

An.

Madam Temporary Speaker, with all my body parts, I second the Motion.

Proceed, Sen. Thang’wa.

Madam Temporary Speaker, as I rise to comment on the Motion, I rarely shout or heckle but I want to interest you with the term “Stockholm syndrome”. That is where one falls in love with their tormentors.

Madam Temporary Speaker, I have been rising on points of order with my cool but you have not been seeing me. I am not insinuating anything but when Members of the minority side raise points of order even on a small issue, they are given opportunity. Kindly check on that.

I am just giving information. It is going to happen as we watch. Just wait and see. Madam Temporary Speaker, I have one thing to say. First, I do not support police brutality. I do not support people being beaten up, injured or shot by the police. However, we should remember that Members of the minority side are on record saying that; “ndio baba awe, lazima watu kadhaa wafe.”

Every time there are demonstrations, they hide their goons within the police so that they can kill a few people and then come and set the agenda on this House.

Madam Temporary Speaker, they sit down after the demonstration and say, “how many people did we kill? How many people died?” How many people--- so that---

Thank you, Madam Temporary Speaker. I want to be heard in silence.

not sneak yourself into your car and then pretend that you are demonstrating on behalf of your people.

We did not have that. What was there, was for them to look for an opportunity to harm the people of Nairobi, Kisumu, and some people of Migori. We have to say enough is enough. This is why we are asking on this Floor whether one Rt. hon. Raila Amollo Odinga is above the law

Senators, resume your seats.

Sen. Wambua, you are out of order. Sen. Cherarkey and Sen. Oketch Gicheru, resume your seats.

Protect me, Madam Temporary Speaker. These hooligans are shouting in the House all the time. Temporary Speaker (

I gave a direction. Sen. Okenyuri is first addressing the House.

Thank you, Madam Temporary Speaker. I repeat, it is the height of hypocrisy when the Opposition keeps demonstrating out there asking for dialogue. As we saw this afternoon, when an opportunity arose in this House, they were very adamant to support the Motion that is going to admit CSs to be answerable to Members of this House. In return, they will then say that their issues are not being handled. What hypocrisy is this?

I saw my respected Senate Minority Leader was arrested. He is out because he is a man of means. The other Azimio la Umoja protestors are not yet out. ‘Slay queens’ kept admiring how endowed you are and kept scavenging. Senate Minority Leader, we do not want you to keep demanding for dialogue and then keep on paralyzing business in this House.

The President had an agenda, which we, as Government, will push and ensure the Kenya Kwanza manifesto is achieved. We cannot allow maandamano whereby people’s property is affected and businesses paralyzed, all in the name of dialogue and wanting to sneak in a ‘handshake.’

On a point of order.

What is your point of order?

Hon. Senators---

I am a Senator and I am supposed to be heard in silence.

On a point of order, Madam Temporary Speaker.

Sen. Orwoba, what is your point of order?

I will give each side one point of order.

Sen. Okenyuri, proceed.

Yes, Sen. Okenyuri.

Resume your seat, Sen.

An.

discussing a very important matter. Can I just request that we act as hon. Members? Today, we are not being honourable.

On our side here, we noticed that when the distinguished Senator for Migori County was speaking, he was interrupted. Maybe because of the noise back and forth, he had not finished prosecuting his issues.

Madam Temporary Speaker, I request that as you sit on that Chair, look at both sides and do not to hesitate---

Wind up, Sen. Olekina.

Madam Temporary Speaker, I wish that the Majority side would just lend me an ear. I want to remind you – this is the last word that I am going to give you today – power has gotten into your head and power is transient.

Thank you, Madam Temporary Speaker. I want to be heard in silence.

Resume your seat, Sen.

Madam Temporary Speaker, I am afraid that I will not be able to prosecute my issue.

Senators, resume your seats.

Madam Temporary Speaker, I have seen that the Azimio-One Kenya Alliance have sympathy addiction. The allegation that the police shot at their leaders while it was their bodyguards who were shooting at them in order to get sympathy from the public---.

I gave a direction. Sen. Okenyuri is first addressing the House.

The President had an agenda, which we, as Government, will push and ensure the Kenya Kwanza manifesto is achieved. We cannot allow maandamano whereby people’s property is affected and businesses paralyzed, all in the name of dialogue and wanting to sneak in a ‘handshake.’

Wind up, Sen. Cherarkey. Can you resume your seat, you will get a chance.

During the “handshake” Government ---

We are not going to have a ‘handshake’ in this country. That was a bad governance experiment for this country.

Thank you.

Correct, Madam Temporary Speaker. I will not be intimidated or blackmailed. I will speak. I will not be silenced. I am not a coward.

I will give each side one point of order.

Madam Temporary Speaker, I rise on a point of order. You have spoken about parliamentary language. As a woman who is sometimes mistaken and abused, I ask that Sen. Okenyuri withdraws the ‘slay queens’ remark. You cannot call people ‘slay queens’. Please let her withdraw it.

Yes, Sen. Okenyuri.

I will give one point of order to Sen. Olekina. I will give him only one minute.

Bi. Spika wa Muda, ninashukuru kwa kunipa fursa. Ni vizuri Hoja hii imeletwa leo ndio watu waeze kuongea. Kulingana na Katiba ya Kenya, Kipengele 37, kinasema vizuri sana, maandamano yanapaswa yafanywe lakini kwa amani. Kwa hivyo, watu kubeba mawe ni jambo ambalo linaudhi sana. Kuwashambulia Wakenya wengine na kuwaibia ni jambo ambalo halikubaliki. Mimi niliona maandamano hayo watu walkuwa wanatembea hapa mjini na wakafanya maduka ya watu yafungwe.

Madam Temporary Speaker, I wish that the Majority side would just lend me an ear. I want to remind you – this is the last word that I am going to give you today – power has gotten into your head and power is transient.

Wind up, Sen. Kinyua. I want to take one more person from this side.

Kwa hivyo, Bi. Spika wa Muda, ni vizuri historia ya anayeongoza maandamano ijulikane.

Tunajua ya kwamba alifanya maandamano akasumbua Rais Moi hadi akamfanya kuwa waziri, alafu akafurahi. Kutoka hapo, akafanya maandano tena wakati wa Rais Mwai Kibaki, akafanywa kuwa Waziri Mkuu.

Akafanya maandamano wakati wa Rais Uhuru Kenyatta, akasalimiwa. Ukiona jina Orange Democratic Movement (ODM) , inamaanisha One Dangerous Man na anajulikana ni nani. Anajulikana.

Kwa hivyo, inapaswa ijulikane vizuri ya kwamba hata sasa---

Sen. Olekina, I gave you one minute to raise that point of order. We are seeking for order in the House. Let us continually by example. If the Chair gives you one minute, stick to it and make your point.

Hon. Senators, you could have done better this afternoon. Sen. Oketch Gicheru, your time was up, the system kept time and it timed you out as you were making side issues as part of your debate.

We proceed on to Sen. Cherarkey.

Madam Temporary Speaker, I rise to oppose the Motion by the Senate Minority Leader in the strongest terms possible. What we saw on Monday was an

abuse of Article 37 where the beginning of the right of another person is the start of the right of the next person.

Hon. Senators, on the Majority side, maintain order.

Madam Temporary Speaker, I have seen that the Azimio-One Kenya Alliance have sympathy addiction. The allegation that the police shot at their leaders while it was their bodyguards who were shooting at them in order to get sympathy from the public---.

The people in Kilifi were affected by the extrajudicial killings. I went to Kilifi when I was the Chairperson of the Committee on Justice, Legal Affairs and Human Rights. There were many extra-judicial killings in Kilifi.

Resume your seat, Sen.

Madam Temporary Speaker, I must be heard in silence. We shall not be intimidated or blackmailed.

Wind up, Sen. Cherarkey. Can you resume your seat, you will get a chance.

During the “handshake” Government ---

Sen. Madzayo, you are out of order. I will now ask you ---

Sen. Madzayo resume your seat. You are out of order.

I will now ask the Serjeant-at-Arms, to ask ---- I asked you to resume your seat. It is that simple. I will give you your time to respond.

Correct, Madam Temporary Speaker. I will not be intimidated or blackmailed. I will speak. I will not be silenced. I am not a coward.

What can you do to me? No. Do not threaten me, my friend. You cannot threaten me. Wewe ni kitu kidogo sana.

Madam Temporary Speaker, in conclusion---.

Please, conclude.

The sponsors of maandamano or Azimio are the people who want to prevent investigations on extra judicial killings and corruption. That is Uhuru Kenyatta. He must stop sponsoring maandamano.

I thank you.

Sen. Oketch Gicheru, I want to give you an opportunity to raise your point of order. However, before I do that, let me issue this caution. Increasingly, there is a lot of disrespect in the manner in which you are handling business in this House. I give you this opportunity to rise with a warning. You cannot be shouting at a debater on the Floor when you will still get a chance to speak your point.

So, I give you a chance but with caution.

Madam Temporary Speaker, once again, protect me from the Senate Majority Leader. I want to execute this in a very humble manner. We are pleading with you that let the rules of this House be adhered to.

Sen. Cherarkey has several times spoken and called individuals, that are senior Members of this society, names on this Floor.

Our Standing Orders do not allow us to bring anybody’s name in this House without a substantive Motion. The reason as to why you might see us as chaotic and shouting is because there is no way these people keep on calling other people names and you allow it.

Madam Temporary Speaker, Sen. Cherarkey has just called the Senate Minority Leader, a killer and you did not mention anything about it. So, we are pleading with you to please execute the rule of this House.

Proceed, Sen. Kinyua.

Bi. Spika wa Muda, ninashukuru kwa kunipa fursa. Ni vizuri Hoja hii imeletwa leo ndio watu waeze kuongea. Kulingana na Katiba ya Kenya, Kipengele 37, kinasema vizuri sana, maandamano yanapaswa yafanywe lakini kwa amani. Kwa hivyo, watu kubeba mawe ni jambo ambalo linaudhi sana. Kuwashambulia Wakenya wengine na kuwaibia ni jambo ambalo halikubaliki. Mimi niliona maandamano hayo watu walkuwa wanatembea hapa mjini na wakafanya maduka ya watu yafungwe.

Bi. Spika wa Muda, watu wliashambuliwa na hata wengine wako mortuary. Ukweli ujulikane, kile kilichoniudhi zaidi, nikuona Kiongozi wa Waliowachache na wengine wameshikwa.

Wind up, Sen. Kinyua. I want to take one more person from this side.

Kwa hivyo, Bi. Spika wa Muda, ni vizuri historia ya anayeongoza maandamano ijulikane.

Tunajua ya kwamba alifanya maandamano akasumbua Rais Moi hadi akamfanya kuwa waziri, alafu akafurahi. Kutoka hapo, akafanya maandano tena wakati wa Rais Mwai Kibaki, akafanywa kuwa Waziri Mkuu.

Akafanya maandamano wakati wa Rais Uhuru Kenyatta, akasalimiwa. Ukiona jina Orange Democratic Movement (ODM) , inamaanisha One Dangerous Man na anajulikana ni nani. Anajulikana.

Kwa hivyo, inapaswa ijulikane vizuri ya kwamba hata sasa---

Your time is up, Sen. Kinyua. Let us have Sen. Wambua, the last one.

Sen. Wambua, unfortunately, it is 6.30 p.m.