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THIRTEENTH PARLIAMENT

Fifth Session

Wednesday, 25th February, 2026 at 2.30 p.m.

PARLIAMENT OF KENYA

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

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

COMMUNICATIONS FROM THE CHAIR

THE SENATE ASSESSMENT AND PLANNING RETREAT FOR THE FIFTH SESSION

1. Devolution and intergovernmental relations: Key issues and priority areas for the Senate's intervention.
2. Implementation of the Universal Health Coverage (UHC): Successes, challenges and interventions.
3. Agriculture and food security: Successes, challenges and legislative intervention.
4. Implementation of climate action in counties: Overview of the Financing Locally-Led Climate Action (FLLoCA).
5. The state of education in Kenya: Management of education policy and standards.
6. The Draft Referendum
7. The Constitution of Kenya (Amendment) Bill (No.2) (Senate Bill No.16 of
8. Members' welfare. Bill: Context and alignment with the constitutional

STATUS OF THE NEWLY INSTALLED MULTIMEDIA DIGITAL CONGRESS SYSTEM IN THE SENATE CHAMBER

Hon. Senators, I have a further Communication to make. You will further recall that at the sitting of the Senate held on Tuesday, 10th February, 2026, I issued a Communication regarding the installation of the new multimedia digital congress system

to manage the various aspects of the Senate proceedings in plenary. The installation of the new system was necessitated by the persistent challenges with the previous, outdated Braehler Congress System, which were particularly evident during voting.

Hon. Senators, over the past two weeks, you have had an opportunity to interact with the new system and may have noticed that not all functionalities of the system have been rolled out. This is because the installation process is not yet complete. The contractors are still on-site to finalise the process and undertake the necessary systems configurations. In addition, they have been monitoring the system’s operation during this pilot phase, to identify and promptly address any emerging challenges.

Hon. Senators, once fully configured and commissioned, the Taiden Conference Management System will integrate all the essential functionalities of a congress management system and offer the following features-

1. Dual microphone requesting mode to cater for interventions.
2. Biometric authentication for sign-in and attendance taking, which is more secure and convenient.
3. Fourteen inch high definition touchscreen offering a clear reading experience for documents and high-definition video viewing.
4. Dynamic voting management module to manage the voting aspect of Senate proceedings.
5. Digital file management allowing distribution and access to documents, including the Order Paper, Bills, reports and Statements.
6. Video on demand (VOD), allowing delegates to review video content on the delegate unit, which will particularly be useful during impeachments, where a Senator may wish to independently control the playback of video evidence.
7. Service request engine, allowing delegates to request for specific support.
8. Auto-trunking camera capabilities, allowing for real-time, accurate and efficient tracking without manual operation.
9. Request and speaking list access by all delegate units, which allows each Senator to monitor their own speaking time, countdown and also see the list of other senators interested in speaking to a matter. Now, hon. Senators, even as the installation is being finalised, the basic functionalities have already been activated. These include the request and speaking list access, digital file management and the voting management module, which we are yet to utilise. The request and speaking list can be accessed through the mic icon on the touchscreen interface, where relevant documents relating to a sitting can be accessed through the paperless icon. Hon. Senators, for the avoidance of doubt, the request list displayed in the delegate unit is a pool from which the Speaker picks a Senator to speak from among those who have shown interest. The list is not a queue to speak. The Speaker, as has been the case and pursuant to Standing Order No.94, retains the powers to allow a Senator to contribute to a matter before the Senate. Should any Senator encounter any challenges operating the system, the Clerks-at- the-Table and the Serjeant-at-Arms are available to assist.

I thank you. Next Order. Now, Hon. Senators, pursuant to Standing Order No.45, allow me to rearrange today's Order Paper. We will start with Order No.8, all the way to Order No.12 and, thereafter, we will resume the normal flow as contained in the Order Paper.

Clerk, kindly proceed to call Order No.8.

MOTION

CONSIDERATION OF NATIONAL ASSEMBLY AMENDMENTS TO THE ELECTION OFFENCES (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.28 OF 2024)

THAT, the National Assembly amendments to the Election Offences (Amendment) (No. 2) Bill (Senate Bills No. 28 of 2024) be now considered.

Clerk, do we have quorum? Sen. Olekina, kindly take your seat. Hon. Senators, I will now put the question.

Next Order.

MOTION

ADOPTION OF REPORT ON OVERSIGHT AND NETWORKING ENGAGEMENTS IN MANDERA, WAJIR AND MARSABIT COUNTIES

THAT, the Senate adopts the Report of the Standing Committee on Health regarding the County Oversight and Networking engagements to Mandera, Wajir and Marsabit counties, laid on the Table of the Senate on Thursday, 2nd October,

Clerk, do we have quorum? Senator for Kilifi County, take your seat, please.

Hon. Senators, I now put the question

Next Order. The Chairperson Standing Committee on Finance and Budget, proceed.

MOTION

ADOPTION OF REPORT ON THE 2026 BUDGET POLICY STATEMENT

projected tax receipts, largely due to compliance gaps, administration challenges and the impact of revenue-reducing measures in the Finance Bill, 2025.

The projected expenditure and net lending for the Financial Year 2026/2027 is at Kshs4.735 billion. This comprises of Kshs2.02 billion in ministerial recurring expenditure and Kshs846 billion in ministerial development expenditure. Additionally, interest payments on public debt are estimated at Kshs1.23 billion.

The fiscal deficit in grants is projected at Kshs1.14 billion in Financial Year 2026/2027. This will be financed through Kshs2.5 billion borrowed from foreign sources and Kshs924 billion from domestic sources.

Mr. Speaker, Sir, the total shareable revenue for the Financial Year 2026/2027 is estimated at Kshs2.9 billion, of which Kshs2.472 billion is due to be allocated to the national Government and Kshs420 billion for county governments. The shareable revenue is projected to increase by Kshs147.2 billion, a 5.3 per cent increase from the approved revenue of Kshs2.754 billion for the Financial Year 2025/2026. The proposed county equitable share will be shared among the counties using the basis for revenue sharing approved by Parliament in June, 2025, according to the provision of Article 217 of the Constitution.

The BPS proposes allocating Kshs9.6 billion to the Equalisation Fund in the Financial Year 2026/2027. This amount is equivalent to 0.5 per cent of the most recent audited and approved revenues of Kshs1.92 billion for the Financial Year 2021/2022, pursuant to the provisions of Article 204(1) of the Constitution.

Further, the BPS proposes additional Kshs5.6 billion as partial payment for the Equalisation Fund arrears, making the total allocation to Kshs15.2 billion for the Financial Year 2026/2027.

The BPS identifies debt resurfacing costs and revenue underperformance as the primary reasons for allocating Kshs420 billion to counties. Public debt-related expenditures are expected to hit Kshs1.542 billion for the Financial Year 2026/2027, accounting to 53.1 per cent of the projected shareable revenue.

Mr. Speaker, Sir, the BPS proposes to allocate Kshs75.69 billion as additional allocations to county governments for the Financial Year 2025/2026, pursuant to Article 202(2) and Article 190(1) of the Constitution. These proposed additional allocations are categorised as follows-

Unconditional additional allocations statutory amounting to Kshs1.198 billion, unconditional additional allocations of Kshs16.3 billion from national Government share of revenue, and Kshs57.4 billion in loans and grants from development partners.

Mr. Speaker, Sir, I will not look at the observations. I will just go straight to recommendations, in order to save time. Having considered the BPS and the stakeholders’ submission, the Committee recommends that, among others, that the national Government’s Equitable Share for the Financial Year 2026/2027 be Kshs2,437,529,429,840. The County Equitable Share for the Financial Year 2026/2027 is Kshs454,743,157,897. This comprises of the baseline of Kshs415 billion and five per cent inflation upward adjustment, then inclusion of Kshs84.9 billion for transition of UHC workers to permanent and pensionable, and Kshs20.75 billion for implementation of SRC third and fourth review cycle and remuneration for county staff. The Equalisation

Fund be allocated Kshs15.163 billion and the additional allocations to counties be Kshs66,755,175,182.

Finally, I appreciate all stakeholders who appeared before the Committee and submitted memorandum on the 2026 BPS. I also appreciate the Members of the Committee on Finance and Budget for their commitment and dedication to completing the task. I also thank the Office of the Clerk for facilitating the Committee in executing its mandate.

Mr. Speaker, Sir, I beg to move and request the Majority Leader to second. Thank you.

1. m. when he left here and informed me that for last year, part of the reason - because I asked why it is that the National Treasury continues to ignore, year-in, year-out, our recommendations to the BPS - he informed me that last year, we actually filed out of time. Of course, everybody appreciates and you know the challenges that we had. I was quick to remind him that is just a single exception. All the other years, we have always complied and even today, should colleagues agree with us and we conclude on this business in good time, I believe by the end of business today, all our recommendations will be at the National Treasury. Therefore, I want to commend the Committee on Finance and Budget for their industry. I hope that, as colleagues, we can quickly conclude on this particular matter together with that of the Medium-Term Debt Management Strategy because these are key financial instruments that, as a House, we must always make sure that our voice is heard on that particular topic.

Mr. Speaker, Sir, finally, because I mentioned that I will be extremely brief, we consulted as a leadership yesterday at SBC and requested that colleagues, you bear with us for this afternoon, so that we dedicate as much time as possible into progressing many businesses that are stuck either at division stage or Committee of the Whole. That is why we have started business the way we have done.

Mr. Speaker, Sir, we thank you most sincerely for bearing with us and agreeing to the proposal. Therefore, I request colleagues that we put in some good work this afternoon. There is a lot of business if you check your Order Paper from Order Nos. 10,

11, 12, 13, 14 and 15. Should Members have the stamina, we have also business that is at the Committee of the Whole and the various chairpersons of those committees, including sponsors of the Bills - sometimes I am shocked that you have sponsors of Bills whose Bill gets stuck at Committee of the Whole because we simply cannot get the sponsor to come and speak to the amendments that are being proposed on that particular Bill.

Therefore, I really want to plead with colleagues this afternoon that we be at our sharpest. We have decided to dedicate and try and pull the House together, so that we conclude on all this business. I want to really beg your indulgence, colleagues, so that we transact this business and move with as much speed as we can. It is in that regard that I have also made my comments to be extremely brief despite the fact that I have even spoken to issues that over and above the BPS statement as well, and hoping that we can move with the same speed in considering the rest of the business that is before us this afternoon.

With those many remarks, I beg to second this Motion. I thank you.

With this level of growth, it must concern the Parliament of Kenya that we must see more development.

The development we are seeing from the counties leaves a lot to beg. The development that we see from the national Government, much more is expected of it. I have seen that in the beginning of this year, a number of contractors have started coming back on the roads. This is something that is laudable. We would like contractors to be paid out of this Kshs2.571 trillion, so that our country can change. In 1981, the level of poverty in China was 80 percent, but today, there is zero poverty. How? They have managed their resources. We must urge the Executive and county governors to manage resources.

My second and last point, I congratulate the Committee on Health. When I read through your report, you spoke to the real issue. Many people in this country, when we speak to the issue of the Social Health Authority (SHA), think we are against it. The quick reaction from the Cabinet Secretary, especially, is to tell you, “no, SHA is fantastic because 29 million Kenyans have registered.” Fine. He says it compares favourably with eight million who had registered in the National Health Insurance Fund (NHIF). Unfortunately, the Committee on Health was able to demonstrate that despite 29 million Kenyans registering into SHA, it is only four million who are actively contributing. It, therefore, means, purely on figures, that SHA is only 50 per cent as effective as NHIF, because eight million were contributing to the NHIF.

So, what is the solution? The solution is that the National Assembly and the Senate must push, so that there is Exchequer support to SHA. We cannot reverse the SHA because it is the route to universal healthcare, but without support from the Exchequer, it will never succeed. It cannot rely on those little contributions by members who are subscribers. For this BPS let our recommendation be that the Exchequer must release money to SHA.

Finally, the issue of the Committee on Health, again, you are raising the number of Community Health Promoters (CHPs) from 107,000 to 120,000, but you are not following it with the resources. So, when we shall tell governors to employ more CHPs, and then they are unable to pay, that is how you make the government to look bad and failing. We must, as Parliament, be able to push this to point out these things, so that the necessary money is included in the budget.

The Committee observations are telling us here that they have noted that the county equitable share, the increase that is proposed in the BPS, is only Kshs5billion. If I understand that correctly, it means they are proposing to give us Kshs420 billion.

I am sure you know where I am going with this because in under two weeks, on the 7th March, 2026, we are expecting a final report on the implementation of the Memorandum of Understanding (MoU) between hon. Raila Amolo Odinga and his Excellency, the President, William Ruto. You will recall that I am the drafter, author and underwriter of that agreement. It is quite disheartening that even weeks to the expiry of

that agreement, we are being told that the Kshs450 billion that was promised to Baba Raila Amolo Odinga is not going to be met as a promise.

I can see that in the Committee on Finance and Budget recommendations---

Even today, I continue to receive delegations from pensioners from Nairobi Water and Sewerage Company and Nairobi City County. They say they are unable to access their pension because the County Government of Nairobi City cannot meet its obligations. We hold the highest pending bill when it comes to pension funds. I can see the committee has recommended measures to address this issue.

I thank you and support the report.

Next Order, Clerk.

MOTION

ADOPTION OF REPORT ON 2026 MEDIUM TERM DEBT MANAGEMENT STRATEGY

1. The stock of public debt as at the date of tabling of the statement.
2. The sources of loans acquired by the national government and the nature of guarantees issued by the national government.
3. The principal risk associated with these loans and guarantees.
4. The assumptions underpinning the debt management strategy.
5. An analysis of the sustainability of both the actual and potential public debt. The resolution of the House on the Report on the MTDS serves as the foundation for determining the appropriate limits on proposed domestic and external borrowing. Additionally, it informs the approval of the BPS which was spoken to earlier.

Mr. Speaker, Sir, I do not wish to go into the major details of the Report. I just want to go through the recommendations, which are-

1. That the fiscal deficit target for the medium term be approved at 5.3 per cent of the GDP for the Financial Year 2026/2027. That is 3.6 per cent of the GDP for the Financial Year 2027/2028 and 3.3 per cent of the GDP for the Financial Year 2028/2029, in line with the fiscal consolidation path.

1. That the borrowing strategy be approved at 22 per cent for net external borrowing and 78 per cent for the domestic borrowing, as contained in the 2026 Medium- Term Debt Management Strategy. Finally, I appreciate all stakeholders who appeared before the committee and submitted memoranda on the 2026 Medium Term Debt Management Strategy. I also appreciate the members of the Committee on Finance and Budget for their commitment and dedication to completing the task. I also thank the Office of the Speaker and the Office of the Clerk for facilitating the committee in executing its mandate.

Mr. Speaker, Sir, I ask Sen. Cheruiyot, the Senate Majority Leader, to second this Motion.

Thank you.

If you look at Section 49 of the Public Finance Management (PFM) Act, it makes the Budget Policy Statement an open cheque, which the Cabinet Secretary can and has periodically abused to side-step Parliament and incur loans that we do not know where their destination is. Therefore, when we make BPSs that are far in excess of what the Kenya Revenue Authority (KRA) is able to raise, we must realise that we are handing the Executive a blank cheque with which they are going to raise odious debt that is going to burden us. I therefore would have expected that in passing this BPS, we should have looked at the capacity of KRA to raise taxes to finance this figure that we have.

Ideally, it lays out a broad framework within which the government should make its budget, but Section 49 of the PFM Act turns this BPS into a law yet, the Budget Policy Statement does not come to this House as a Bill and it has got no force of law to be applied as a law. It is only an advisory tool at the very best. Therefore, unless we do something about Section 49, then we must trim our BPSs to be tied strictly to whatever tax revenues that we can raise. Otherwise, we are responsible for the odious debt that is burdening this country and that is pushing us to junk status.

I pray that in the Debt Management Strategy, this House considers repealing Section 49 of the PFM Act, so that the BPS cannot be used to open a back door on the Appropriations Act through which the Executive can go on a loan-borrowing spree, purporting to be implementing the BPS which is not a law but a piece of advice on how the government should raise revenue or which sets the broad parameters within which the government's budget should be set.

With those few remarks, I say that as matters stand, the Debt Management Strategy amounts to nothing. There is no strategy, there is no plan, there is nothing that we are trying to do other than trying to talk to ourselves in a language we do not understand. That, for me, is a very sad day for this country. Therefore, there is no strategy on the table.

devolution under Article 96, what will be the implication to the funding of county governments? This is because, Article 202 is clear that it should be equitable.

I wish the Committee on Finance and Budget, Sen. Faki, should have given us a way out because these guarantees are done by the national Government. There is no consultation between the national Government and county governments to ensure that the county governments are aware of the public debt obligations but the Debt Management Strategy should have put that in place.

The other point that I wanted to make is on an issue which many Kenyans should agree with. The fact that the public debt is Kshs12.3 trillion, there are many projects. I am also happy the Senator for Kakamega has noted that road contractors are on site. There is the one for Rironi-Mau Summit where someone had alluded that there was not even a wheelbarrow. However, I can confirm as a user of those roads, a number of them, even the ones going to Kisii were using the same road that is being constructed and there are many machines. I am happy that the Senator for Nakuru has just told me that she drove from Naivasha and machines are on site.

We are happy with that fact that money is being released. This is the wisdom of the President, where we are now establishing a National Infrastructure Fund (NIF) that will take Kshs5 trillion. That is why that money is being raised through the sale of Safaricom shares which every right-thinking Kenyan must and should support because we need development across the country to be equitable and shareable.

Mr. Speaker, Sir, even for the Initial Public Offer (IPO) for the Kenya Pipeline Corporation (KPC), this money shall be raised to the NIF. We want at least Kshs5 trillion so that the road coming all the way from Wajir-Isiolo-Nairobi can be a reality. The airport that is being constructed in Narok will be a reality. The one that we are doing from Thika to Nairobi, the expressway, will be a reality.

I am, therefore, happy with the Committee on Finance and Budget that the issue of NIF of Kshs5 trillion is a reality. I hope that as we debate public debt management, we will ensure that the funds are available.

With those many remarks, I support this report of the Standing Committee on Finance and Budget on the Medium-Term Debt Management Strategy.

I yield.

Next Order, Clerk.

MOTION

ADOPTION OF JOINT REPORT ON CONSIDERATION OF FIELD DEVELOPMENT PLAN AND PRODUCTION SHARING CONTRACTS IN TURKANA COUNTY

the development of the discoveries and additional appraisal and exploration activities aimed at maximizing resource recovery within the designated development area.

The FDP proposes a phased approach. Phase One covers the period of 2026 to 2031 and phase two is the period spanning 2032 to 2050. In a peak period, crude oil production is projected at approximately 20,000 barrels per day during phase one and 50,000 barrels per day during phase two.

The estimated oil in place within the blocks ranges between 1.9 and 3.5 billion stock tank barrels, with an estimated recoverable resource of 326 million stock tank barrels over the life of the project, subject to upside potential and alternative development scenarios.

To achieve the projected production volumes and realise fast oil for export later in this year, 2026, around December, the contractor intends to deploy early production facilities within the Lokichar Basin, that is Ngamia and Amosing oil fields, within the current year 2026, and subsequently a central processing facility in 2032 to support increased production in phase two.

Pursuant to Article 118 of the Constitution of Kenya and Section 131(3) of the Petroleum Act, the joint committee undertook extensive public participation, and when we met the stakeholders, everybody lauded that this was very extensive public participation that has not been undertaken in the past.

The Committee also undertook public participation in Turkana County, Uasin Gishu County, Trans Nzoia County, West Pokot, Lamu, and Mombasa between the dates of 12th January and 6th February, 2026. The committee also received several written memoranda, following advertisements that were put in the dailies from several ministries, and we met several Cabinet Secretaries and stakeholders, oil and gas experts and the contractor; Gulf Energy E&P B.V., including the County Assembly of Turkana and the County Executive of Turkana County.

Mr. Speaker, Sir, the Committee considered a wide range of issues raised during the hearings, including but not limited to the need for meaningful public participation, transparency of the agreements and disclosure of the ownership of the companies. The committee addressed these concerns by ensuring that all hearings were conducted in affected counties, as I had mentioned.

On local community issues, the committee had concerns regarding land compensation, revenue sharing, employment opportunities---

To save time, I just wanted to ask Members to support this particular report because it will unlock oil by December this year. With the ratification of this particular report, it will unlock Kenya's first commercial oil production, targeted for December this year, ending a 13-year delay since the discovery. The discovery was made in 2012, and up to now, we have not been able to exploit this particular resource. In conclusion, as I urge Members to support this particular report, this is the time when our colleagues and our countrymen and women from Turkana will benefit and join the rest of Kenyans in development. Last year, the Committee on Energy travelled to Saudi Arabia. We were told that in the 1960s, Saudi Arabia was a desert and they were just herding camels, but when you go to Saudi Arabia now, it is still a desert, but a different country.

It is a First World, where education is free there, medical is free and people are given stipend daily. This is the way that we need to go, so that those who have been marginalised for a long time may benefit from the resources that God gave us.

There are some places of Kenya that are very dry. We believe there is nothing there. However, when God gave others rain, God gave us also natural and mineral resources under the soil. This is the opportunity for Turkana County and the rest of Kenya also to benefit from this oil. This is where we are going to stabilise our currency and where the exchange rate between the Kenya Shillings and the Dollar will come below

1. After careful consideration of all submissions and a thorough analysis of the legal, fiscal, environmental, social and economic implications, the Joint Committee recommends that the House adopts this report and approves the ratification of the production sharing contracts and field development plan for Blocks T6 and T7 in South Lokichar basin in Turkana County. I beg to move and request the House to adopt this report. I request Sen. Beatrice Ogola to second.

A number of issues came up in the public participation. Two of them were members of the public getting concerned about environmental measures that were going to be taken into consideration. A number of them talked about infrastructure along the corridor. Issues of land compensation and land resettlement also came up and the issue of water. Most importantly, while we were in Turkana as a Joint Committee, the issue of insecurity also came up.

The people of Turkana were very clear. They stated that if the issue of insecurity is not solved, then the exploration would not take place. As we continue with the public participation, we had a lot of engagement even with the technical experts. We received written memoranda. We were able to have presentations from the government sector heads like the Ministry of Water, Sanitation and Irrigation, the Ministry of Energy, of course, the National Treasury, Interior and National Administration, the National Land Commission (NLC), the Auditor-General, the Controller of Budget (CoB), the Attorney General and the Kenya Revenue Authority (KRA).

All the issues that were of concern to the members of the public were thrashed out in our stakeholders' meeting. As I second this Motion, I want---

The local content contains the issue of employment and training. This discovery of oil will offer the local communities employment. In addition to employment, the discovery will also ensure that scholarships and other opportunities will be enjoyed by the local community.

The business community will have an opportunity of making profits through the Organization of the Petroleum Exporting Countries (OPEC). The cost of the oil will be more than Kshs1 trillion. During public participation, we agreed that the community will participate in oil businesses in order to change their lives.

Another thing I would like to talk about is the recovery cost, which is 85 per cent. During public participation, they were very clear about the recovery cost. What participants from the community said is that there must be transparency and accountability in the recovery of 85 per cent of the cost of oil.

We pondered about transparency in the recovery cost. The community and other stakeholders expect the 85 per cent to be recovered in a transparent way. The balance, which is 15 per cent, will be shared between the national, county government and the community. That 15 per cent will be considered if there will be a profit.

If the cost of producing oil is high, the profit that the community will get will be low. The only way to deal with that is to come up with legislation to make sure that the five per cent and 25 per cent from the county is put in the Sovereign Wealth Fund (SWF), so that in case of problems, those funds are used to cater for the needs of the community.

Finally, there is a problem in the denominator. That is the issue of insecurity. If insecurity is not taken care of, even the staff who will be working with the investor will be challenged. The problem of water shortage---

I thank you.

The Auditor-General noted that this responsibility of auditing had been placed on the Energy and Petroleum Regulatory Authority (EPRA), limiting the scope and ability of the Office of the Auditor-General to determine these costs, and that even in the period that exploration has been going there, no approved costs had ever been submitted for audit. In the words of the Auditor-General-

“Therefore, the lack of audit has denied us opportunity to determine ineligible costs, which ultimately reduces government share of revenue from the exploration.”

Mr. Speaker, Sir, the next red flag was the amendment of the original production contract to exempt the oil company from any taxes. We had hoped that these matters would be addressed before we would be asked to approve this particular field development plan.

We went on a circuit across the country. I was happy that I was in Changamwe during the public participation. The people of Changamwe told us in no uncertain terms that what they expect in Changamwe is not crude oil being tracked and stored at the facility in Kenya Petroleum Refineries Limited (KPRL), awaiting shipment, but they wanted a revival of the refinery in Changamwe. That is what they told the committee and that is what they are expecting---

Mr. Speaker, Sir, I have read this report, and want to dissuade what the Senate Deputy Minority Whip, for the time being, has just said. I have gone through the report. Under Article 71 of the Constitution, we are doing what Parliament is obligated to do. We must be part of the process, and I believe in the ability and capacity of all the Members.

On the issue of local content, I agree we have passed the law, 70 per cent to the national government, 20 per cent to county and 10 per cent--- This report is anchored, because most of the issues that have been raised and captured under the law. For instance, on compulsory acquisition, Article 40 is clear. In terms of community registration, the report of the Oburu Odinga-led committee has captured.

In reference to the issue of environment, under Article 69, the sustainable exploitation and utilisation of equitable and accruing of benefits has been captured. This is very important.

The decommissioning of the sites in that area, especially now that the concession and the field development plan and production sharing contract for Blocks T6 and T7 is

critical because Article 39 of the Petroleum Act has captured ably on decommissioning. So, there should be no worry about the violation of Article 69 of the Constitution.

So, the issue of dispute resolution, if it arises, that it goes outside the county, as an exit clause in terms of any dispute between the government and regulators should not be a worry. I have heard some people expressing that there might not be access in terms of accountability and openness of engagement. Article 35 of the Constitution states that access to information is a basic human right.

Mr. Speaker, Sir, on the issue of community land administration, I am happy the area Senator has talked about it. Section 108 of the Petroleum Act recognises the issues of land laws. There is the issue of land valuation, beneficial sharing, and all this has been captured under the Petroleum Act.

So, in summary, we need to support this work that has been done by the Senator Oburu Odinga-led committee. Article 71 gives us the opportunity. Let us allow Turkana County to develop. Let us give opportunity to the people of Turkana. They have been marginalised. Let them exploit their resources. When this resource will be exploited, water scarcity will be a thing of the past. The issue of security will be sorted once and for all. Let us ensure that we give the necessary support.

I would like to thank the committee. All the committee Members signed, except the Senator of Nairobi City County. The procedure of the House is, if you disagree with a report, you are supposed to generate a Minority Report and table before the House. However, just speaking for the sake of the public gallery and to look good in public rallies is very unfortunate. Let us give Kenyans the opportunity so that we can pass this once and for all. As a Senate and Parliament, we will still oversight this report and the investor who will come to Turkana.

Mr. Speaker, Sir, with those many remarks, I beg to support and yield back the microphone. I thank you.

Mr. Speaker, Sir, the Auditor-General (AG) also came to the committee and gave a clean bill on all the legalities. The recoverable cost was moved from 55 per cent to 85 per cent to make it bankable. Tullow Oil could not proceed because it was not attractive. They could not get an investor. That is why it was raised. There is nothing that stops the Auditor-General from auditing the recoverable cost because it is in law.

She is the Auditor-General and has that mandate. It is unfortunate that Sen. Sifuna, who is a Member of the committee, has left these Chambers. He is asking all those queries because he only attended two meetings and left. All the issues and concerns were answered by the stakeholders. So, he should have sat in the meeting, so that he does not have to raise these queries in the House. He is the only one out of the nine Members who did not sign the report. All the other eight members signed and agreed with the report.

Thank you, Mr. Speaker, Sir. I beg to reply.

THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the 2026 Budget Policy Statement, laid on the Table of the Senate on Tuesday, 24th February, 2026, and pursuant to Section 25(7) of the Public Finance Management Act and Standing Order No.186(8), the Senate, approves the 2026 Budget Policy Statement.

You may now proceed to vote.

Sen. Beatrice Ogola, Sen. Joyce Korir and Sen. George Mbugua, you are supposed to vote on behalf of your delegations. You have been authorised to do that.

MOTION

ADOPTION OF REPORT ON THE 2026 BUDGET POLICY STATEMENT DIVISION ELECTRONIC VOTING

(Question, that the Senate, adopts the Report of the Standing Committee on Finance and Budget on the 2026 Budget Policy Statement, laid on the Table of the Senate on Tuesday, 24th February, 2026, and pursuant to Section 25 (7) of the Public Finance Management

Act and Standing Order No.186(8), the Senate, approves the 2026 Budget Policy Statement, put and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo-Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. Tabitha Keroche, Nakuru County; Sen. (Dr.) Oburu, Siaya County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Omtatah, Busia County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Wafula, Bungoma County; and, Sen. Wambua, Kitui County.

Now, Hon. Senators, you might have noticed that in

attendance, there were 36 delegates when the voting was taking place. That was as a

result of a card that had not been collected; a card belonging to Sen. Daniel Maanzo. The number that is in the House when the voting was taking place was actually 35 not 36.

I will now proceed to give you the results of the Division.

AYES: 35 NOES: Nil ABSTENTIONS: Nil

The “Ayes” have it.

Next Order.

MOTION

ADOPTION OF REPORT ON 2026 MEDIUM TERM DEBT MANAGEMENT STRATEGY

DIVISION

ELECTRONIC VOTING

(Question, that, the Senate adopts the Report of the Standing Committee on Finance and Budget on the 2026 Medium Term Debt Management Strategy, laid on the Table of the Senate on Tuesday, 24th February, 2026 and approves the 2026 Medium Term Debt Management Strategy, put and the Senate proceeded to vote by County Delegations)

AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo-Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana county; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. Tabitha Keroche, Nakuru County; Sen. (Dr.) Oburu, Siaya County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Okiya Omtatah, Busia County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Wafula, Bungoma County; and, Sen. Wambua, Kitui County.

AYES: 35

The “Ayes” have it.

Next Order.

MOTION

ADOPTION OF REPORT ON THE FIELD DEVELOPMENT PLAN AND PRODUCTION SHARING CONTRACTS FOR BLOCKS T6 AND T7 IN TURKANA COUNTY DIVISION ELECTRONIC VOTING

(Question THAT, the Senate adopts the Report of the Joint Sitting of the National Assembly Departmental Committee on Energy and the Senate Standing Committee on Energy on the consideration of the Field Development Plan and the Production Sharing Contracts for Blocks T6 and T7 in the South Lokichar Basin, Turkana County laid on the Table of the Senate on Tuesday, 24th February, 2026 and pursuant to Article 71(1) of the Constitution and Section 31 (1) and (2) of the Petroleum Act, the Senate ratifies the Field Development Plan and the Production Sharing Contracts for Blocks T6 and T7 in the South Lokichar Basin, Turkana County put, and the Senate proceeded to vote by County

Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba , Mandera County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya

Omtatah, Busia County; Sen. Olekina , Narok County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Wafula, Bungoma County; and, Sen. Wambua, Kitui County.

Hon. Senators, the result of the division on Order No.12 is as follows-

AYES: 35 NOES: Nil ABSTENTION: Nil

The “Ayes” have it.

Next Order.

BILL

Second Reading

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

DIVISION ELECTRONIC VOTING

Question, that the Kenya National Council for Population and Development Bill (National Assembly Bills No.72 of 2023) be now read a second time put and the Senate

proceeded to vote by county delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba , Mandera County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka-Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. (Dr.) Oburu, Siaya County;

Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Seki , Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Wafula, Bungoma County; and, Sen. Wambua, Kitui County.

NOES: Nil.

Hon. Senators, the result of the division on Order No. 13 is as follows-

AYES: 35 NOES: Nil ABSTENTION: Nil

The “Ayes” have it.

(The Bill was read a Second Time and committed to a Committee of the Whole tomorrow) Next Order.

MOTION

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

DIVISION ELECTRONIC VOTING

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

Senate proceeded to vote by county delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County;

Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Wafula, Bungoma County; and Sen. Wambua, Kitui County.

NOES: Nil.

Hon. Senators, the result of the division on Order No.14 is as follows-

AYES: 35 NOES: Nil ABSTENTION: Nil

The “Ayes” have it.

Next Order.

BILL

Second Reading

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

DIVISION ELECTRONIC VOTING

(Question, that the Electronic Equipment Disposal, Recycling and Reuse Bill (Senate Bills No.5 of 2025) be now read a second time put and the Senate proceeded to vote by county delegations)

Ayes: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbesi; Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Wafula, Bungoma County; and Sen. Wambua, Kitui County.

NOES: Nil.

AYES: 35 NOES: Nil ABSTENTION: Nil

The ayes have it.

(The Bill was read a second time and committed to a Committee of the Whole tomorrow)

BILL

Second Reading

THE PUBLIC PROCUREMENT AND ASSET DISPOSAL (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO.48 OF 2024) DIVISION ELECTRONIC VOTING

(Question, that the Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bill No.48 of 2024 be now read a second time, put and the Senate

proceeded to vote by county delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbesi; Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. (Dr.) Oburu Odinga, Siaya County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Wafula, Bungoma County; and Sen. Wambua, Kitui County.

NOES: Nil.

AYES: 35 NOES: Nil ABSTENTION: Nil

The ayes have it.

(The Bill was read a second time and committed to a Committee of the Whole tomorrow) Serjeant-at-Arms, you may now withdraw the bars and open the door.

Hon. Senators, we are going to a Committee of the Whole. We still need you to be present.

COMMITTEE OF THE WHOLE

IN THE COMMITTEE

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

The Temporary Chairperson (Sen. Haji Abdul): Hon. Senators, please, resume your seats. Clerk, ascertain that we have quorum.

(The Clerk-at-the-Table consulted with the Temporary Chairperson) Hon. Senators, we are going to Division on the Bill. Serjeant-at-Arms close the door and draw and the bars.

(Question, that Clauses 5, 8, 9, 12 and the Schedule be deleted, put and the Senate proceeded to vote by County Delegations) The Temporary Chairperson (Sen. Abdul Haji): Please, vote. Sen. Maanzo, approach the Dispatch Desk. Sen. Eddy Oketch, approach the desk. (Sen. Maanzo and Sen. Oketch Gicheru walked to the Dispatch Box and voted)

Did you ask the Serjeant-at-Arms if they have your card? Serjeant-at- Arms, do you have the card for Sen. Maanzo?

Let us proceed to the next Division, which is- THAT, Clause 3, Clause 4, Clause 6, Clause 7, Clause 11, Clause 13, Clause 2 and the Title be amended as proposed.

You may now vote, Hon. Senators.

Sen. Eddy, please, vote. Sen. Maanzo, come and vote. Sen. (Dr.) Lelegwe and Sen. Wafula, come and vote.

(Sen. Oketch Gicheru, Sen. Maanzo, Sen. (Dr.) Lelegwe Ltumbesi and Sen. Wafula walked to the Dispatch Box and voted) The Temporary Chairperson (Sen. Abdul Haji): Hon. Senators, I put the question, which is-

THAT, Clause 3 (as amended), Clause 4 (as amended), Clause 6 (as amended), Clause 7 (as amended), Clause 10, Clause 11 (as amended), Clause 13 (as amended), the Title (as amended) and Clause 1 be part of the Bill.

You may now proceed to vote.

THE COUNTY LIBRARY SERVICES BILL (SENATE BILLS NO.40 OF 2024) DIVISION ELECTRONIC VOTING

(Question, that Clause 5, Clause 8, Clause 9, Clause 12 and the Schedule be deleted put

and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Boy, Kwale County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka-Nithi County; Sen. Githuku, Lamu County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang’, Elgeyo Marakwet County; Sen. Korir; Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua; Nyandarua County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Seki, Kajiado County and Sen. Wafula, Bungoma County.

NOES: Nil

AYES: 26 NOES: Nil ABSENTIONS: Nil

The “Ayes” have it.

(Question, that Clause 3, Clause 4, Clause 6, Clause 7, Clause 11, Clause 13, Clause 2 and the Title be amended as proposed put and the Senate proceeded to vote by County Delegations)

AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Boy, Kwale County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murangá County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang’, Elgeyo Marakwet County; Sen. Korir; Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua; Nyandarua County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Seki, Kajiado County; and Sen. Wafula, Bungoma County.

NOES: Nil

AYES: 29 NOES: Nil ABSENTIONS: Nil

The “Ayes” have it.

(Question, that Clause 3(as amended), Clause 4(as amended), Clause 6(as amended), Clause 7(as amended), Clause 10, Clause 11(as amended), Clause 13(as amended), the Title (as amended) and Clause 1 be part of the Bill put and the Senate proceeded

to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Boy, Kwale County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murangá County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang’, Elgeyo Marakwet County; Sen. Korir; Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua; Nyandarua County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Thang’wa, Kiambu County and Sen. Wafula, Bungoma County.

NOES: Nil

AYES: 30

The “Ayes” have it.

CONSIDERATION OF REPORT THE COUNTY LIBRARY SERVICES BILL (SENATE BILLS NO.40 OF 2024)

Now, I want to invite the Mover to move.

THIRD READING THE COUNTY LIBRARY SERVICES (SENATE BILLS NO.40 OF 2024) DIVISION ELECTRONIC VOTING

(Question, that The County Library Services (Senate Bills No.40 of 2024) be read a Third

Time put and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Boy, Kwale County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka-Nithi County; Sen. Githuku, Lamu County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang’, Elgeyo Marakwet County; Sen. Kinyua, Laikipia County; Sen. Korir, Bomet

County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Ogola; Sen. Seki, Kajiado County; Sen. Thang’wa, Kiambu County; and Sen. Wafula, Bungoma County;

NOES: Nil

The Temporary Chairperson (Sen. Veronica Maina): Hon. Senators, the results of the second charge are as follows:

YES: 29 NOES: Nil ABSTENTIONS: Nil

The “Ayes” have it.

The Temporary Chairperson (Sen. Veronica Maina): That is the end of that division. So, you can draw the bars and open the doors.

We can go back to the normal sequencing of the Order Paper. I will request the Clerk to call out Order No. 5 on Papers, Majority Leader.

PAPERS LAID

REPORT OF THE CONTROLLER OF BUDGET ON THE NATIONAL GOVERNMENT BUDGET IMPLEMENTATION REVIEW

Report of the office of the Controller of Budget (CoB) on the National Government Budget Implementation Review for the first three months for the financial year 2025/2026.

(Reports of the Auditor-General to be laid pursuant to the Senate Resolution of Tuesday, 11th November, 2025, on the Referral of Statutory Instruments and Papers

submitted during recess for the year ended 30th June, 2025) Report of the Auditor-General on financial statements of BWASCO Water and Sewerage Public Limited Company for the year ended 30th June, 2025.

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

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

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

Report of the Auditor-General on financial statements on Gatundu Level 5 Hospital, County Government of Kiambu, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kianda 42 Level 4 Hospital, County Government of Nairobi City, for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements on Kayole II Sub-County Level 4 Hospital, County Government of Nairobi City, for the year ended 30th June,

1. Report of the Auditor-General on financial statements on Makadara Level 4 Hospital for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Mama Lucy Kibaki Level 5 Hospital, County Government of Nairobi City, for the year ended 30th June,
2. Report of the Auditor-General on financial statements on Bahati Level 4 Hospital, County Government of Nairobi City, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Bumala B Sub-County Hospital, County Government of Busia, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Nambale Sub-County Hospital, County Government of Busia, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Cheptais Sub- County Hospital, County Government of Bungoma, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Moyale Sub-County Level 4 Hospital, County Government of Marsabit, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Equalisation Fund, County Government of Marsabit, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Rumuruti Sub-County Level 4 Hospital, County Government of Laikipia, for the year ended 30th June, 2025. Report of the Auditor-General on financial statements on Ndindika Level Four Hospital, County Government of Laikipia, for the year ended 30th June, 2025.

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

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

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

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

Report of the Auditor-General on financial statements on Turkana County Rural Water Services Public Limited Company for the year ended 30th June, 2025.

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

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

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

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

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

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

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

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

Report of the Auditor-General on financial statements of Kericho County Agricultural Development Fund, for the year ended 30th June, 2025.

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

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

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

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

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

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

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

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

Report of the Auditor-General on financial statements of Homabay County Teaching and Referral Hospital - County Government of Homa Bay for the year ended 30th June, 2025.

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

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

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

Report of the Auditor-General on financial statements of Kirinyaga County Education Bursary Fund for the year ended 30th June, 2025.

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

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

Report of the Auditor-General on financial statements of Trans-Nzoia County Nawiri Fund for the year ended 30th June, 2025.

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

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

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

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

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

Report of the Auditor-General on Baringo County Youth and Women for the year ended 30th June, 2025.

Report of the Auditor-General on demonstration farm fund Kisii for the year ended 30th June, 2025.

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

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

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

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

Report of the Auditor-General on financial statements of Kenya Medical Research Institute for the year ended 30th June, 2025.

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

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

Report of the Auditor-General on financial statements of Baringo County Micro and Small Enterprises Fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Kitui County Executive Car Loan and Mortgage Fund for fifteen months period ended 30th June, 2025.

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

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

Report of the Auditor-General on Mama Rachel Ruto Maternity Hospital, county government of Uasin Gishu, for the year ended 30th June, 2025.

Report of the Auditor-General on Wamba Sub-County Hospital, County government of Samburu for the year ended 30th June, 2025.

Report of the Auditor-General on Elgeyo Marakwet County Assembly Revolving Fund for the year ended 30th June, 2025.

Report of the Auditor-General on Ongata Rongai Sub-County Hospital County government of Kajiado for the year ended 30th June, 2025.

Report of the Auditor-General on Nanyuki Water and Sanitization Company Limited for the year ended 30th June, 2025.

Report of the Auditor-General on Kakamega County Assembly Loans and Mortgages Fund for the year ended 30th June, 2025.

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

Report of the Auditor-General on Tanathi Water Works Development Agency, for the year ended 30th June, 2025.

Report of the Auditor-General on Ndithini Level 4 Hospital, Machakos County Government for the year ended 30th June, 2025.

Report of the Auditor-General on Cherang’any Marakwet Water and Sanitation Company Limited for the year ended 30th June, 2025.

Report of the Auditor-General on Nandi County Assembly Scheme Fund, for the year ended 30th June, 2025.

Report of the Auditor-General on Uasin Gishu District Hospital, County Government of Uasin Gishu for the year ended 30th June, 2025.

Report of the Auditor-General on Nanyuki Teaching and Referral Hospital, Laikipia County Government, for the year ended 30th June, 2025.

Report of the Auditor-General on Equalisation Fund, Laikipia county Government, for the year ended 30th June, 2025.

Report of the Auditor-General on Kapsabet Municipality, Nandi county Government for the year ended 30th June, 2025.

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

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

Report of the Auditor-General on financial statements of Kirinyaga County Agricultural Institutions Revolving Fund for the year ended 30th June, 2025.

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

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

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

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

Report of the Auditor-General on financial statements of Kirinyaga County alcoholic drinks and substance abuse control fund for the year ended 30th June, 2025.

Report of the Auditor-General on financial statements of Murang´a Level 5 Hospital-County Government of Murang´a for the year ended 30th June, 2025.

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

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

I thank you.

QUESTIONS AND STATEMENTS

STATEMENTS

SECRET RECORDING AND ONLINE DISTRIBUTION OF KENYAN WOMEN’S INTIMATE ENCOUNTERS BY FOREIGN NATIONAL FATAL SHOOTING OF MR. VINCENT AYOMO BY POLICE IN KITENGELA IMPLEMENTATION STATUS OF WIPO PERFORMANCE TREATY

I ask the Clerk to call Order No.25.

BILL

Second Reading

THE CULTURE BILL (NATIONAL ASSEMBLY BILLS NO.12 OF 2024)

that cannot trace its roots is lost. Many of the challenges we face, including in the first world countries--- By the way, you will find some people struggle with identity crisis.

Madam Temporary Speaker, I know that besides being a lawyer, you are a psychologist as well and you understand some of these issues. It shows in people who struggle with culture despite the level of education and wealth. If you meet and interact with most of them, you can see that there is a longing to connect with somewhere.

That is the beauty of culture. That is why the drafter of our Constitution included culture and cultural rights as part of the social rights under Article 11, which is part of the Bill of Rights in our Constitution. This piece of legislation is intended to ensure that we find ways of giving life to those provisions of our Constitution by ensuring that we guide appropriately on what needs to be done in that regard.

Therefore, Madam Temporary Speaker, I want to appreciate this opportunity to move this Bill. I know many Members will have an opportunity to say something. If they do not, nonetheless, they will have done their bit.

With those many remarks, Madam Temporary Speaker, I beg to move and request the Senator for Nandi, the indefatigable warrior, Sen. Samson Kiprotich Cherarkey, to second.

The culture of our people is dependent on handouts and politics. When there is bullfighting in Malinya in Kakamega County, that should be funded by taxpayers’ money because it is our identity. Why should it depend on the goodwill of individuals? We have also seen those ceremonies being conducted in Vihiga. When we lost Hon. Kijana Wamalwa and in many other occasions, you could see. I think funeral ceremonies show more.

We also lost the former Prime Minister Raila Amolo Odinga. We still condole with the family. We know that was a leader of our time. Many people, including us visited Kang’o Ka Jaramogi. As a community, we had to take cows there to mourn with the family. I met people from Mulembe nation there. Sen. (Dr.) Khalwale came after to also condole with the family.

When we took cows there to go and mourn, we were supposed to go chanting “Jowi”. There was some regalia and we were told that was tero buru or something. I know Sen. (Dr.) Khalwale is an expert.

I know it is possible to amend our Standing Orders. Instead of debating, we can have a show or dramatise it. This Bill can be better explained by the Senator for Kakamega. We should allow him to show us what he performed a few months ago so that we understand. Even in my culture, whenever young people go for initiation---

Anyway, proceed.

although yours is a more matriarchal society. However, in the West, they have elaborate ways.

Madam Temporary Speaker, as I go to the fourth point, in my opinion, the African values and cultures were very good. When you go through initiation ceremony, you are taught how to be responsible. For instance, in my culture, you are taught how to be a man and take care of a home, cows, behave decently and be respectful. In fact, in my culture, respect is equated to many things- “Respect is equated to a cow” because it symbolises life. We say, “Konyiit ko ten tany ak muren” which loosely translates to, “respect is equal to a cow”, which is a symbol of respect and life.

We are now being told we are westernised. For instance, the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) issues were never in our culture, because we respect sanctity of life. I am happy that our Constitution states that family is between a man and a woman.

The degeneration of societal values is courtesy of importing too much of the Western culture, beliefs, ideas and values, and thrown ours away. That is why you are seeing issues that we have never seen. I agree with President Museveni who said, if you are gay and there is a proof that you can come up with life, then he would allow LGBTQ in Uganda. Similarly, Senegal has now introduced 10 years imprisonment for same sex relations. These are alien values that were never there. How can a man leave beautiful ladies and girls and go for another man? It is not part of the culture that we are talking about.

I have read the books, for instance Facing Mount Kenya, and It's Our Turn to Eat by John Githongo. It would be good that when the House of Mumbi wants to meet, there is a legal framework that they can engage and ensure the values are protected.

I hope one day, we will have a library where the children of the House of Mumbi can go and study about the Agikuyu. In Nandi Hills, Nandi County, we have Koitalel Museum. The people of Nandi County can go and study the values, beliefs, ceremonies and rituals that the people of Nandi believed in. Similarly, other Kalenjin sub-tribes, the Mulembe nation or the Luhyas, should study what they believe in. When you look clearly at the value system of our communities, you will be surprised that they were more orderly. There were orderly age groups. For instance, in my culture, we have age sets. My age set is Kipnyigei, while the President’s age set is called Kaplelach, which initiated some of us. My father’s age group is called Kaplelach. The age sets ensure that there is respect, and that is why whenever we engage, you cannot go beyond your elder in terms of the age set.

We also need to recognise the role of the custodians of our cultural values. The Meru have a very elaborate Nchuri Ncheke. Similarly, the Agikuyu, andu a nyumba itu have people who are custodians of their traditions. In Western Kenya, the Mulembe nation also have their leaders. In northern Kenya, it is interesting. They are the ones who decide who becomes a leader in that particular community. In my culture, we have Miot Council of Elders. The law recognises them. They are called cultural practitioners. Some of these people are professionals. They participate in circumcision and rituals.

There should be protection of manuscripts, buildings, architectural designs, products of archival and archaeological excavations. There is a place in Nandi Hills

called Sheu Morobi, where, when you become too old, cannot move or eat because you no longer have teeth, and you think death has forgotten you, you could request to be taken, and thrown over the cliff, and then you die. Those are some of the places that you needed to protect for historical purposes, archaeological excavations, artistic and historical monuments, buildings and architectural designs.

Madam Temporary Speaker, I am concerned that some people are bringing down an old building, not knowing the historical value of the building. For instance, the Archives is a structural monument within Nairobi. There is a bad habit where Kenyans want to destroy something that belongs to their past, yet, it can be part of our heritage, cultural and historical sites. So, we need to preserve these buildings.

I would want to go to Kakamega today, where Sen. Boni Khalwale comes from, and see how the Mulembe nation used to live in the 1930s and 1940s. Westernization will make us lose the aspects of who we are.

Madam Temporary Speaker, I am rushing through because our culture is quite elaborate. There is the issue of articles of furniture and musical instruments, like nyatiti, the ones we use while singing, as well as blowing of horn. You have been a Secretary General of many political successful parties, some of which have gone ahead to form the Government. The United Republican Party (URP) had a horn as the symbol of the political party.

On the issue of management of culture, the Ministry of Gender, Culture, the Arts and Heritage, should develop national policy, promotion of diverse cultures, cultural heritage and cultural property, including protection, safeguarding, preservation and conservation. For instance, the Kimalel Goat Auction should be gazetted as something historical by the Kenya Museums Society . Thank God we have the Ministry of Gender, Culture, the Arts and Heritage. For the Members who are following, I am on Clause 5. In reference to standards and regulations and cultural management of national heritage, need to have a collection and study on how some of these issues can be done.

Madam Temporary Speaker, you are a senior lawyer. I do not know when you will be conferred to be Senior Counsel. In my opinion, by now you should have been conferred as Senior Counsel. We also need to ensure the supremacy of the Constitution that, this Bill does not excuse repugnant moral injustice. For example, the female genital mutilation (FGM) cannot be part of our culture because they are repugnant, and they undermine human rights and rule of law. So, I want to bring an exception that this Bill will not recognise cultural values or practices that are repugnant to moral justice like the FGM.

I would like to comment on the issue of export and import of inventory cultural property. There was a time that when Koitalel Samoei was killed and the British took his regalia. It was after President Kibaki came into power, in 2003, that the regalia and artefacts of the late Koitalel Samoei were brought back. So, we need any artefacts and regalia that were illegally taken by the British Government to the United Kingdom to be returned back. Why would you go to London to look for artefacts that belong to some of the communities? We need to bring the artefacts, so that we can preserve them in the museums.

Finally, members, there is the issue of import and export of artefacts that belong to our cultures. I am happy the law has ensured that there cannot be a transfer of cultural property without the approval of the Government. That is another exemption I wanted committees to look at.

There is the issue of research. The cabinet secretary must develop a database to ensure that we research extensively on cultural issues. There is the issue of licensing. I am happy the offense penalty is at Kshs1 million on violation, fraud, exporting, transfer or selling of a cultural property. It can also be five years in prison or both, which is very important.

On using images without consent, we have seen people writing books without seeking consent. Also on finding licensing research for doing the research. We have seen documentaries on television on the National Geographic. I normally see them running stories about Samburu without even telling us whether they have permission to research, broadcast and film some of those issues. So, this has been captured in a nutshell.

The Culture Bill (National Assembly Bills No.12 of 2024) is very important. It is part of the Constitution. It is recognised in the role of the Constitution in Article one and also in the Fourth Schedule that cultural practices is a devolved function. As much as this is a National Assembly Bill, we are ready to pass it, so that we can create a legal framework.

I am happy. I hope that during report writing, they invite different groups of Wazee from every community, so that they can share. I am happy Sen. Mundigi is in the House. He might also share with us on Embu County.

Madam Temporary Speaker, can we also allow Sen. Boni Khalwale to give us one to two minutes demonstration on what he was doing and how to celebrate the heroes and the issue of death in their community. If possible, the secretariat can provide him with a torch, then he can demonstrate and show us what needs to be done.

With those many remarks, I beg to second this Culture Bill (National Assembly Bills No.12 of 2024).

The rest of the time he has spent is on Kikuyu, Luhya - the areas in which he is not an expert at all. I cannot start by, first of all, failing to make a personal disclosure. As somebody who practices medicine and who understands circumcision of men, I take a lot of offense when I see people berate the Kuria, my cousins, the Kisii, my cousins, the Kikuyu, my distant cousins, and the Kamba, my distant cousins, for the practice of circumcision of their girls. We should be asking them why and how do they do it. Why I take this offense is because if you came to Kakamega and told a Luhya man not to circumcise his son, he will tell you: “Take him, then he is not my son.”

I have listened to the people who understand the culture of the circumcising communities of Kenya. Do we really know the prescribed method of that circumcision? We must think about these things because when we do not, we allow people who do not know us to define us. Imagine you going to Bungoma and telling a Luhya father that his son is a homosexual and, therefore, he should be tolerant. You are saying this because of the many things you people call under this Constitution of the rights of choice, the rights of blah, blah, blah.

Madam Temporary Speaker, we have to be firm as Africans, so that even if it is easy for you to fundraise or defend something that offends your community, you should be called to order through this law. We would like the people who fundraise for advocacy of practices that are foreign to our communities to exercise that advocacy outside our communities. Like somebody wants to make advocacy for Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ). People who want to do those kinds of primitive things should never be allowed to do it in the Luhya nation. It is completely foreign. Culture defines that it cannot be admissible.

Madam Temporary Speaker, you cannot expect a boy who practices bullfighting in Khayega, Malinya, Esolio, Mahira, Malaba, Indangalasia in Mutsotso - you cannot manage to convince him that having never witnessed a bull climb a fellow bull, he can climb a fellow boy. However, we force them because we bring them to the universities and the children have grown away from home. They are confused. The parents do not understand culture very well.

They are under pressure of the so-called the modern life. They feel if they talk about it, they are not modern parents and so on. We need to make proper legislation and we shall be coming in the Committee Stage of this Bill with firm amendments to speak to those things until this House firmly pronounces itself in assent or in defeating.

Madam Temporary Speaker, I want to thank the Senator of Nandi for all the compliments he has given me. You never offended me or the community in any way. It was positive. Let me tell you, our community has documented its culture through oral literature. Now, we are attempting to put it on paper. We want to tell our children this is how women give birth and after giving birth, this is how they name their children. My mother was a traditional birth attendant, which part of the reason why our profession went in that direction. She was very clear that if a woman was finding it difficult to give birth, she had to refer her to a caesarean section in hospital. She would ask the girl who the father of the child was. If the girl refused to answer, she would ask for the name of the father. The moment the girl said the father's name, the birth canal

would open and the child would be born because our culture is against single parents. Our culture demands that every Luhya child must have a father.

Madam Temporary Speaker, it was at that spot that children born offending our culture, which does not allow sex among relatives, would be fired out. There would be a special ceremony for that child who then would be accommodated. In adult life, there were certain privileges that child would not attend to or would attend with special restrictions, including; if a girl born within the extended family got married, a pot would be placed on the roof of her hut, where she lived with her husband. This was to signal whoever cares to know that she was born under these circumstances and a curse would follow anyone who married any offspring from that home. I mean; a beautiful culture.

Madam Temporary Speaker, when I look back, I see the problem children of the so-called single mothers are going through because of the lack of a father figure. Our ancestors understood science. The communities which are slowly starting to allow the so- called single mother -I know it offends you just like it offends me - are now having serious challenges---

hospital and missed the power of herbal medicine in a man becoming a man enough to be the head of a family.

I support this Bill very strongly because it is the same one that allows some of us to have more than one wife. In certain communities, if you ask a man if they have a second wife, they say no yet, in practise, when I meet him, where we meet them, I see him with another lady with a child. You ask, who is this? No, this is my gachungwa. In our place, we do not have gachungwas. We actually have the second and third wife. But, Madam Speaker, these people are suffocating. They are suffocating. They then create a lot of problems for nothing.

Let me give you the case of, for example, my late brother, may his soul rest in eternal peace. Henry Khalwale had two wives. My immediate elder brother, flight captain, Guy Ashiono Khalwale had three wives. When they passed on - it is 10, 15 years later - nobody has ever taken anybody to court because of their property. Both of them did not leave a will. They did not even have an administrator. Culture just defined it because they were gone and I am the only surviving uncle of these children; what I say passes for now. So, I told this one; plot number so and so will be yours. This one will be yours. Wife number one, you will get the car. Wife number two, you will get the motorbike and that is it because of the power of culture.

These days, people are wasting time in courts for 30 years because they are fighting over family land. These issues can be very well sorted out through cultural practices. I am glad that the Constitution is very clear. It says that cultural practices and provisions of the culture must be recognised when family property is being divided. This is something very positive and because my brother, young Chimera from Kwale would like to contribute and I can see that time has gone, I want to stop there and go and work on my amendments to make the Bill even better.

I support. Over to you, Chimera.

Sen. Ole Seki from Kajiado. I understand that Senator is perhaps busy propagating some other form of politics out there. That is why he has no time to be here, but I know when he gets a chance, when the two of them get a chance, they will speak deeply about their culture and their community. Any foreigner who gets to the country would want to visit the Maasai, not necessarily to see the big five under the Maasai Mara Conservancy, but also to appreciate and interact with the Maa. This culture has basically put the country on a global perspective.

Madam Temporary Speaker, perhaps the Mover of this Bill here, Sen. Cheruiyot, might say that the Kalenjins as well, have put this country on a global perspective because of their prowess in athletics, but this is culture. He might not want to go that way.

This Bill essentially seeks to speak to Article 11 of the Constitution, and more specifically Sub-Article 3A, that speaks on the compensation and royalties owing and due to communities who practice culture.

Sometimes when I come from a very hectic schedule in Kwale, I take time to interact with my voters at night in Diani, in places such as Tandoori, Kokobongo, Manyata and Terminal 2. When in those places that I have just mentioned, one will see young men and women dressed in particular attires, more specifically in the Maasai attire at night, purposely because Diani is a beach destination, just to attract the attention of the foreigners who are there.

When one further continues engaging with these young men and women who are dressed at night as Maasais, one is shocked to find they are not even Maasais. Most of them are usually people from “Murima.” That speaks to the need to ensure that certain cultural beliefs have been placed in a way that they can receive commercial earnings.

Madam Temporary Speaker, if one visits the great County of Kwale, where I come from, there is a small tribe at a place called Kilibasi called the Waata community. This is a community that is practicing very rich cultural traditions. They have very deep cultural dances and a lot of artifacts that speak to their culture. Many foreigners nowadays find their way to Kilibasi just to go and get to know this community, understand and appreciate the cultural practice they practice in Kinango.

If you listen to the Digo community in Kwale County, that have for many years danced to Zigidigi, Mdundiko and Sengenya dance, as well as the Duruma community with their Gozi dance from Vigurungani, Puma Ward in Kinango Constituency, you will realise there is now a need to have and make sure that all these communities are able to benefit from these royalties.

I am happy now, for the first time, we are working towards making sure there is a proper legal framework within which communities that practice and believe in their culture, out there are showcasing it. They should be able to benefit in terms of receiving compensation and royalties from what they do on a daily-to-daily basis as part of promoting their culture.

I am happy that we are not just speaking about policy and ministerial directives, but a legal framework within which these communities are able to benefit from the practice of their culture.

Madam Temporary Speaker, I urge my colleagues to equally weigh in and support this Bill. We hope it becomes law, so that our communities are able to access compensation and these material benefits, and for the first time, enjoy their true identity and their true cultural heritage in this country.

I support.

My community originated from Congo forest and when you go to Congo, you will find part of the Kamba community that was left there. There were some who did not travel with the rest. There are also many languages in Congo Forest, even the Kikuyu community came from there. You will find that when colonialists came to Congo, King Leopold II said that Africans were very honest. In the African culture, you never stole because you feared what would follow. If you did; the evil spirits would bring you misfortunes and you would never rest until you returned what you had stolen. In fact, hardly does a Mkamba steal your things because they do not know what treatment has been given to those things. The moment you take them, the goats follow you and you will never rest. Therefore, people do not steal. That is why King Leopold described the communities as honest. As part of colonisation, they came up with a strategy to corrupt---

ADJOURNMENT

1. m. time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday, 26th February, 2026 at 2.30 p.m. The Senate adjourned at 6.30 p.m.