THIRTEENTH PARLIAMENT

Fifth Session

Wednesday, 29th July, 2026 at 2.30 p.m.

PARLIAMENT OF KENYA

The House met in the Senate Chamber, Parliament Buildings, at 2.32 p.m.

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM SIGOR BOARDING SCHOOL IN BOMET COUNTY

Hon. Senators, I would like to acknowledge the presence of a visiting delegation of 10 teachers and 230 students from Sigor Boarding School in Bomet County, who are in the Public Gallery. The delegation is visiting---

(Several Senators consulted loudly) Clerk, can you confirm this information before I conclude it? (The Clerk-at-the-Table consulted with the Speaker) Next Order.

QUESTIONS AND STATEMENTS

STATEMENTS

Request for Statements Pursuant to Standing Order No.53(1). Senator for Nandi County, the Hon. Cherarkey, you may proceed.

DELAY OF PAYMENTS TO AGRIPRENEURS UNDER NATIONAL AGRICULTURAL VALUE CHAIN DEVELOPMENT PROJECT

1. (1) The status of payment of the June 2026 stipends and facilitation allowances, the number of agripreneurs affected, and when the outstanding payments will be settled.
2. (2) Where the bottleneck occurred in the process of funds disbursement, who bears responsibility, and whether adequate budgetary provision exists to meet obligations.
3. (3) The effect of delayed payments on project implementation, extension services and farm support, and measures taken to mitigate disruption.
4. (4) Steps by the Ministry of Agriculture and Livestock Development, the Project Coordination Unit, and the County Government of Nandi to ensure timely payments in future, strengthen accountability, and address administrative lapses or financial mismanagement.

I thank you.

DELAYED COMPLETION AND ABANDONMENT OF URAN HEALTH CENTRE

1. (1) The current status of Uran Health Centre Project, the percentage of works completed, reasons for the prolonged delay and eventual abandonment, and measures to secure the incomplete facility from deteriorating and vandalism.
2. (2) The total funds allocated, disbursed and utilised, details of the contractor awarded the project, the current contractual status, and any breaches of obligations.
3. (3) Steps by the County Government of Marsabit to resume, complete, equip and operationalise the health centre with clear timelines.
4. (4) Actions taken against contractors or public officers responsible for the delay, and possibly long-term plans to ensure timely completion and sustainable operation of the health facility.

Thank you.

HARASSMENT OF TRADERS BY ENFORCEMENT UNITS IN KISII COUNTY

up. These developments threaten livelihoods, constitutional rights guaranteed under Articles 29, 40 and 43 of the Constitution, and the stability of our local economy, necessitating very urgent intervention.

In the Statement, the committee should address the following-

1. (1) The recent incidents organised by violent goons in Kisii County, including the attack on any political leaders who disagree with the current administration in Kisii.
2. (2) Explain to this House the steps being taken by the National Police Service (NPS) to investigate, arrest and prosecute individuals involved in criminal activities and intimidation.
3. (3) What legal and policy framework is governing the recruitment of “The Green Army”, which comprises of young men and women dressed in green. This was a good idea. They were supposed to collect garbage and manage county government needs. However, the Green Army individuals have a mandate we do not know where they got it from. They have been given certain powers we do not understand. They are acting as if they are handling oversight and accountability measures---

1. (3) The legal and policy framework governing the Green Army Program, including its mandate, powers, oversight and accountability mechanisms and investigate allegations of harassment and unlawful confiscation and destruction of traders' property.
2. (4) What measures are being implemented by the national and county governments to safeguard investors, market vendors, hawkers, boda boda operators and small-scale businesses from intimidation, extortion, and unlawful interference.
3. (5) The long-term security and governance strategies being undertaken to dismantle these organised criminal gangs, restore public confidence, protect lawful businesses, and ensure that all county enforcement operations are conducted in full compliance with the constitution and the law countrywide.

Thank you, Mr. Speaker, Sir. I hope Sen. Cherarkey is happy.

UNAVAILABILITY OF MODERN ENDOSCOPIC AND LAPAROSCOPIC EQUIPMENT IN COUNTY REFERRAL HOSPITALS

unavailability of modern endoscopic and laparoscopic equipment in county-referral hospitals. Advancements in medical science have enabled many conditions that previously required invasive surgical procedures to be treated through minimally invasive endoscopic and laparoscopic procedures, which are safer, less costly and promote faster recovery.

However, many county-referral hospitals lack this modern equipment thereby, compelling patients to travel long distances to national referral or private hospitals for treatment. Although these procedures are covered under the Social Health Authority (SHA) inadequate availability of endoscopic and laparoscopic equipment in public health facilities continues to undermine equitable access to quality health care and the realization of Universal Health Coverage (UHC).

In the Statement, the committee should address the following-

1. (1) Measures taken by the Ministry of Health, SHA, and the county governments to ensure equitable distribution of modern equipment across all counties.
2. (2) The progress of ongoing SHA needs assessment and the extent of involvement of county governments and other relevant stakeholders in determining priority equipment and needs for our county hospitals.
3. (3) Strategies by county governments to equip county-referral hospitals with minimally invasive procedure equipment, reduce unnecessary referrals, lower treatment costs and improve access to quality health care.
4. (4) The role of the Ministry of Health, SHA and county governments in guaranteeing transparency, accountability and value for money, and responsiveness to county health priorities in the acquisition and distribution of medical equipment.

STALLED DISPENSARY PROJECTS ACROSS THE COUNTIES

1. (1) Funds allocated, disbursed and utilised in the last two financial years towards the completion, equipping and operationalization of stalled projects across the counties.
2. (2) The total number of stalled, incomplete or non-operational dispensary projects across the counties, indicating their respective locations, stages of completion, reasons for the delays, and the interventions being undertaken to ensure their completion and operationalisation.

1. (3) The interim health care measures to ensure service provision to residents affected by the stalled abandoned dispensary projects, particularly vulnerable groups, and the steps to mitigate increased costs and distances in accessing health care.
2. (4) The plans to mobilise additional resources, including support from development partners and other stakeholders as well as to undertake a comprehensive audit to establish causes of delays, public funds expended to date, accountability and timelines for completion and operationalisation of each project.

IMPORTATION OF RAW SUGAR BY MOMBASA SUGAR REFINERIES LIMITED

1. (1) The annual domestic production and consumption of sugar in Kenya, indicating the quantity of locally produced sugar available when Mombasa Sugar Refineries Limited was authorised to import 28,000 metric tons of raw sugar.
2. (2) The basis for approving the importation, including the documented national sugar deficit at the time, and the findings of any supply and demand assessment conducted by the Kenya Sugar Board before recommending issuance of the importation.
3. (3) Details of the approximately 6,000 metric tons of raw sugar that have since been refined and sold, including a list of the buyers and the quantity purchased by each;
4. (4) The level of compliance by Mombasa Sugar Refineries Limited with the conditions of the import permit, including the details of the import authorisation, the conditions attached thereto, and all inspection, monitoring and compliance reports prepared by the Kenya Sugar Board, the Kenya Revenue Authority (KRA) and the relevant regulatory agencies, including details of any breaches identified and enforcement action taken.
5. (5) The measures to monitor the importation, transportation, storage, refining and distribution of imported raw sugar and prevent its diversion, repackaging or sale as table sugar, including cases of diversion detected and the action taken against those responsible.

would we encourage them to venture into this and deny them the little stipend that enables them to put food on the table?

The committee needs to look into this issue so that the Ministry of Agriculture and Livestock Development can clearly say when they are going to facilitate the payment of these stipends to several agripreneurs, who are depending on this. It is not just for Nandi County, but it should be for any other county that still owes agripreneurs their stipends.

to meetings with goons – that should not go on record unless she can substantiate. She should withdraw that Statement.

Therefore, we ask the Government and the President to act. Those people who have been involved in goonism, should be arrested before you give us an assurance that you will deal with goonism. As you know, I am a victim of goonism. After the attack that happened to me in Kisumu, those people who were involved in that attack are still in Kisumu. They are walking around. One Murkomen comes to the committee, and tells the committee that those people have gone to the neighbouring country. Those people are still in Kisumu. So, I must say very clearly that if we have a Cabinet Secretary who does not understand his job and is incompetent, it is Murkomen. President Ruto should sack Murkomen or transfer him to lesser duties. This is because we cannot have a President who is complaining like the rest of us about goonism when he has a minister who is not working.

It is also sad that the Cabinet Secretary and the Principal Secretary for internal security, Murkomen and one Raymond Omolo, walk around with goons. He has a group of goons around him.

you may be called upon – and you have indeed been called upon by your colleague – to substantiate that allegation.

You are out of order for breaching the Standing Order that requires you to bring a substantive motion and, therefore, I will ask you to withdraw that, and if you feel you are persuaded by your statement, you may then bring a substantive motion. But for now, just withdraw and apologise.

comment? Where is the line that we draw between debate and something that requires a substantive motion where you are discussing some conduct?

Senator for Nandi, kindly take your seat.

(Interruption of Statements)

COMMUNICATIONS FROM THE CHAIR

VISITING DELEGATION FROM KEBABE GIRLS SECONDARY SCHOOL IN NYAMIRA COUNTY

Hon. Senators, I would like to acknowledge the presence of a visiting delegation of four teachers and 50 students from Kebabe Girls Secondary School in Nyamira County who are seated in the public gallery. The delegation is visiting the Senate for an academic exposition. On behalf of the Senate and on my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

VISITING DELEGATION FROM KABARAK UNIVERSITY IN NAKURU COUNTY

Hon. Senators, I would also like to acknowledge the presence of a visiting delegation of two lecturers and 35 media students from Kabarak University in Nakuru County who are seated in the public gallery. The delegation is visiting the Senate for an academic exposition. On behalf of the Senate and on my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

I request the Senator for Nyamira County to extend a word of welcome to both delegations. You may proceed, hon. Senator, in under one minute.

When you go back, we wish you safe travel. May you continue doing the good work you are doing at Kabarak University.

Mr. Speaker, Sir, with your permission, I will seek leave to go and greet the girls and teachers in the customary way. I ask the distinguished Senator for Nairobi, who is hosting the delegation, to accompany me when I go to greet the students and teachers from Nyamira.

I thank you. (Resumption of Statements)

Omogeni, like you said, the issue of goonism is a live matter in the country. We need to be updated, as leaders, so that we ask ourselves what we need to do.

Mr. Speaker, Sir, I heard Sen. Omogeni say that nothing has been done regarding the incident at Keumbu. Unless the media outlets misled us, I saw more than eight suspects being presented at Kisii Law Courts on the Monday following that incident. Just like him, I did not follow to know the decision that was taken on the matter; whether they were remanded or released on bail.

Mr. Speaker, Sir, is he in order to mislead the House that nothing has been done at least up to this point?

do. The matter that Sen. Maanzo has raised is not a light one. I am a representative of sugarcane farmers, and I know how much this House, together with the Government, have put in to revive the sugar sector that was dead. We cannot allow profiteers within the government ranks who think they can turn us back to the days when we imported 70 to 80 per cent of our sugar in this country, thereby impoverishing our farmers. I expect Sen. Wakoli, because he equally represents sugarcane farmers from Bungoma, to treat this matter with the urgency it deserves. We must know the conditions that this company met for it to be granted that quota. What protection measures were put in place?

Finally, and most importantly, if it is true as alleged that this company is importing raw sugar to process industrial sugar, and we are being told by the KSB that the reason they are being allowed is that there is no availability of raw sugar in the country, why can they not push our industries to manufacture it? We know our sugar farmers have produced enough cane for that to happen. Therefore, it is my hope that Sen. Wakoli and the team in the Committee on Agriculture, Livestock and Fisheries, will treat this matter with the urgency it deserves.

The issue of health is a very important subject. Just like I was telling Sen. Omogeni a few minutes ago, on important matters, as a House, we must go beyond empty rhetoric. I have said times without number that the Social Health Authority (SHA) is a medical insurance. SHA on its own cannot give us the intended desire to have a fully working health infrastructure in the country. We must go beyond the empty rhetoric of whether SHA is working or not.

Our reforms in the health sector must go beyond the rhetoric we say in these Houses as legislators. We must ask ourselves: why is it that whenever a group brings a petition before Parliament – like there was one this afternoon – nine out of ten times it is health workers? That tells you that there is something wrong with how we designed the health architecture under this new Constitution. It is time for us, as a House, to propose a review and lead the country in the right direction. I hope that in the few days remaining, as the Senate, we---

As much as we have supporters around us and we boost security, it must be clear that no one should be injured, no vehicle should be damaged, and no murder should be committed. When you stone a motorcade, like the one of the Senator who just said his motorcade was stoned while coming out of a funeral, that makes it worse. It means the organiser knows very well there is a possibility of killing somebody and damaging property. Therefore, I ask the police and the committee that will investigate this to ensure that the perpetrators of the Kisii incident are charged with murder so that in the future, MPs will stop organising these gangs.

It will also be a deterrent during this election period to those who want to continue organising gangs to throw stones or to injure opponents. We can see them forming up in many parts of the country. We have seen a political opponent organise gangs to shout down public meetings, to hurl obscenities and to mobilise Kenyans in that direction. That will---

crowd higher-level hospitals. When I was growing up, dispensaries used to work very well, and we should return to those times.

Thank you.

BILL

Second Reading

THE MINING (AMENDMENT) BILL, SENATE BILLS NO. 22 OF 2025

without benefiting them in any way. Some of the ways that they can benefit the locals is by having infrastructure projects, for example, schools or any other, depending on the needs of a particular area.

With those few points, I would like to request Sen. Cherarkey of Nandi County to second.

So, I am happy that that the Senator has proposed this amendment. We had said in the Local Content Bill that 70 per cent of the revenue – which is also captured in this amendment in Clause 190(a) – should go to the national government. Twenty per cent should go to the county government, and 10 per cent should go to the local community to uplift the local affirmative decisions like health centres, roads, schools and hospitals. That was what was envisaged.

I am happy that the Senator has brought flesh into the Mining Rules of 2015. The reading of Mining Rules of 2015 is that local development community would be gazetted so that they can take care of the 10 per cent that will be generated from the local content or revenue that is coming from mineral royalties. It has now been given a chance by this amendment. When you look at transitional clauses of the Constitution, the provincial administration was supposed to be phased out, but we are sneaking them behind the door.

One of the conditions in the local development agreement committees is that those who are supposed to produce the 10 per cent allocated from the revenue would be the ones to determine how the money will be used by the local community, especially the 10 per cent from the mining royalties.

I want us to look at the mining rules of 2015 and the Mining Act. I am happy that this amendment has captured the sharing of mineral royalties among communities. What we are saying is that one must gazette the local community in order for the local community to get value before a mining license or a mining permit is given to any person who wants to mine in Kilimapesa, Ikolomani, Chemase, Taita Taveta or Migori.

The National Treasury, led by one of the illustrious sons of Homa Bay County, Cabinet Secretary John Mbadi, has not released to the counties, including Kilifi, Kshs2.9 billion. This has been the case from 2016 up to now. That money is supposed to be paid as mineral royalties to our counties.

We usually pass Bills that pave way for disbursement of funds such as the Division of Revenue Bill, County Allocation of Revenue Bill, and the County Governments Additional Allocations Bill. That money is yet to be released, and we must call Hon. John Mbadi to order. This is because Kshs2.9 billion has not been released to counties from 2016 to date, yet that money is supposed to assist the counties.

In this financial year, we have projected that the royalties that will go to Nandi County is Kshs17.9 million. Nandi County has not received Kshs55.1 million up to today, which is part of the historical Kshs2.9 billion meant for counties. I will play the devil's advocate. We cannot be blaming counties for performing more, yet they are not receiving enough resources.

If they give the people of Chemelil Chemase Kshs60 million or Kshs70 million, those people will construct a dispensary, a road, classrooms, drill water and distribute electricity. We must be fair and we must fight. As a House, we must be protectors of devolution as per Article 96 of the Constitution.

Nelson Mandela was released in 1990 by the apartheid regime after spending three decades in Robben Island. During his release, he repeated a powerful statement that he had made in 1964. He said that he was ready to fight both white and black domination. I challenge Members in the name of Nelson Mandela, who is the father of

rebellion in Africa, to fight for these funds to be released to the counties. We have to fight against the non-release of the funds.

I am trying to give flesh to the amendment by Sen. Nyamu. Article 219 of the Constitution states that money appropriated for counties must be transferred without undue delay and without deduction. I happy because I am making these comments knowing that minerals are key to the development of your region. We need to lay down some conditions. I remember the former minister who comes from that region, Hon. Najib Balala and the late Juma, fought for very long over the licensing of the mineral sites and gemstones in your region. So, we must attach the renewal and condition of mining license and permit to agree with the communities.

Clause 190(c) states that there will be a chairperson, three men, three women, and a secretary. The remuneration will be determined by the Salaries and Remuneration Commission (SRC). I will say this because I want my colleagues to get the gist, as I second this Bill. In clause 190(c), it is being proposed that this committee will be gazetted. I know that Sen. Ogola, Sen. Kavindu Muthama, Sen. Betty Montet, Sen. Nyamu and Sen. Korir are happy because this board will have three men and three women. So, it will be 50-50. I know that this Bill will sail through, because it will receive a lot of support.

Most secretaries are usually women. If that is applied here, then the board will have four women against three men. This might be the first time women will have the majority in a board. I am aware the High Court ruled that the cabinet is not properly constituted, because there is a gender problem. I know that we can achieve the issue of gender progress and parity. If we can do this at the small board level, then we can achieve it at the highest office in the land.

I want to challenge women of this country, with tremendous respect, that they must come out and run for those offices even as we push them for equality and equity in boardrooms. Sen. Kavindu Muthama has defied the odds. She has been elected severally. Her Governor of Machakos County is a lady, and so is the Speaker. I am told that it is called Machakos girls.

Commissioner Sen. Korir is running for the position of Member of Parliament for Bomet Central Constituency. Sen. Nyamu and Sen. Tabitha Mutinda are vying for the position of Nairobi Woman Representative. Sen. Betty Montet and Sen. Ogola are going to the executive. I am told that Sen. Chimera is the sponsor, but he is vying to be the Senator of Kwale County. I do not know how true that is. I heard that information in the streets. He is our son-in-law. I hope he has told you that he married from my place, and if he does not take care, we might return the dowry.

We are trying to ensure that there is equity and representation in this board. I hope this board will be gazetted within 14 days of their election. The board that will oversee the mineral rights for royalties in our communities must be gazetted. If they do so, it will

be a legal body. Their allowances will be determined by the SRC. This will be a serious board. Anybody who wants to be a member of the board must be elected by the community.

My last remark will be on Clause 190(d). The board members will consult Article 10 of the Constitution which is on national values and principles of good governance. One of the tenets of principles of good governance is public participation. The role of the community project implementation committee that will be formed under clause 190 is under Article 10 of the Constitution which speaks to national values and principles of good governance. The members of the committee must conduct public consultation. Public participation is now a key ingredient.

I heard somebody argue that public participation should be shortened because it is delaying implementation of projects. I have a different view. Article 10 of the Constitution provides for public participation. We must ensure that public participation is part of the ingredient and values of the Kenyan system of governance. We cannot just say that we have governance, we must conduct public participation. I am happy that the Senate Minority Leader, Sen. Madzayo, whose region is also affected by mining issues, is in the House.

We must identify the projects. The moment we stop listening to the people, is the moment we will start failing as a society. In Latin, they say: ‘Vox populi, vox Dei’ which means that the voice of the people is the voice of God. I know Sen. Kavindu Muthama is happy because I have mentioned God. In consultation, we must ask the people of Kilifi and Kwale counties what should be done with the royalties they will get. I do not now know whether Nairobi City County has minerals, but I am told they have gold diggers so that they can be included in that category.

Sen. Onyonka, we must also ask whether bananas qualify as a natural resource. (Sen. Onyonka spoke off record) By the way, there is soapstone in the region. Mr. Temporary Speaker, Sir, the work of this community project implementation committee is therefore to consult members, monitor the implementation of projects, convene community forums and monitor utilisation of funds. I will ask the sponsors of this Motion, the distinguished delegation from Nairobi City County, to bring an amendment where we can include the Office of the Auditor-General (OAG).

Article 229 states that the OAG must do an audit of all public funds. Therefore, when these projects are undertaken, the OAG must have a role. We do not need to bring the reports to the House; they can even go to the county assemblies so that we can see whether the money has been used well by community project implementation committees.

I can see my light has gone off. Colleagues, what I am trying to say in an upshot is that we must give the best. We must ensure that our people get value for their royalties with this law on community development and implementation. Let the gold in Nandi and soapstone in Kisii counties mean something for our people. Let the rare art minerals in Taita, Kilifi and Kwale counties mean something for our people so that the natural

resources become a blessing, not a curse, just like the writer of State of Africa, Martin Merrill, wrote. We must sacrifice these resources so that they can bring development in our country.

Colleagues, we must ensure that we push for the immediate release of Kshs2.9 billion that is supposed to go to counties so that they have enough money to do their job. We should not just oversight counties without giving them enough resources.

There was a Member of County Assembly (MCA) from Kisii County called Lembande Siocha, who was attacked by goons. I do not know whether he has recovered. No one has been arrested, and they must be arrested because he is a representative of where soapstone is found. We must also eradicate this issue of goons. As a country, we no longer need these goons.

However, somebody told me that goons are also voters, I do not know how we are going to handle that. If today the people of Ikolomani, Kisii, Nandi, Kwale, Kilifi and Mombasa will have access to development, we will not have goons in this country. If they can get value for their resources, there will never be goons in this country. The only problem we have today is poverty. Kenyans cannot get three square meals. Even most of the children who are seated up there, our distinguished guests, do not have school fees and books.

Mr. Deputy Speaker, Sir, I know you were a Member of the lower House, the National Assembly, and you were one of the best in management of the Constituencies Development Fund (CDF). Infrastructure in our schools continues to be a problem. The only solution is to release these royalties and use them to develop school infrastructure so that our distinguished pupils and students up there can get the best infrastructure to learn.

With those many remarks, allow me to second the Mining (Amendment) Bill (Senate Bills No.22 of 2025), and yield back the microphone.

State Department. He told me that the rare minerals that we have can actually pay all our debts. He said that the USA government has actually done analytics, checked on the data, looked at all the rocks and every science required to show what Kenya has. They have actually concluded that what we have in Mrima at the Coast would give Kenya about US$60 billion. Sen. Cherarkey, you can be converting that for me into shillings so that Kenyans can understand.

The problem we have is simple; I will try and help my brother Sen. Cherarkey from where he stopped. Hon. Members, you will agree with me that recently, I have been quite close with Hon. Matiang’i. Sen. Cherarkey, in this case, I am not talking about his presidential bid, I am talking about his last act as a member of the Uhuru Cabinet. They did a mapping on all the minerals in Kenya and their value. That is available in the office of the President and the Ministry of Mining, Blue Economy and Maritime Affairs. They did that before they left.

Secondly, every county has been mapped for the kind of minerals they have and their values. Once we know this information is available, what do some people in this House and some other big people in big places do? They go and register private companies in the Cayman Islands in Panama. They then go and look for Chinese and European companies, which they use to hide the true ownership of their companies. That is how our minerals are actually being siphoned off in value.

Number two, thorium mining was taking place in Kwale, one of the most highly valued minerals. In fact, they never even used to process anything, they just used to carry the material itself in ships after they picked everything of what was thorium. They collected something close to about US$15 billion, and the story ended there. In fact, if you talk to some of our people connected in government and who have been around for some time, they will tell you that the reason why businessman Jacob Zuma died was because the minerals that he was going to be given the rights to, and the Australian company that he was going to do business with, was going to get something close to Kshs125 billion. The fight which took place was about the minerals in Kwale.

Mr. Deputy Speaker, Sir, when you look at the issue that Hon. Cherarkey has raised, the Constitution says we must have public hearings. Sen. (Dr.) Boni Khalwale and Sen. Mumma have constantly been going to Ikolomani to try and find out why there is a problem with the gold that is being mined there. That gold has never benefited the people of Ikolomani, but you will find contractors, their dealers, Chinese companies and European companies there.

Go to Migori, and you will see how much mining we have there. You will be shocked if you see what is there. Some companies are mining. Number one, the contracts that we sign are hidden. Nobody knows the values of the minerals that are there. The number of brokers you see selling those mines is incredible, and yet if you go to the mines in Migori, you see how many people are dying because the conditions under which this mining is taking place are unpalatable. Even the environmental degradation that is taking place in some places where this mining is taking place is shocking, but we will never talk about it. The committees that we have here which are supposed to investigate and find out what to do, and the National Environmental Management Authority (NEMA), who are supposed to give us an evaluation of climate mismanagement and the

degradation taking place, nobody wants to talk about people taking kickbacks. They will never challenge anybody who is making money out of these mining places.

Mr. Deputy Speaker, Sir, I know this House never talked about it, but it is true. I know oil is being mined in Turkana. A company has already been granted the right to mine that oil. These companies, as we speak, are siphoning off and taking that oil to Mombasa. Nobody knows where it is going. Why do we behave like this? Why is it that we cannot just come up and say that we know the oil exists?

As we talk about this, we should agree that the value of this oil is this. The people of Turkana are entitled to 30 per cent that we are talking about, and yet, as we have said before over and over and over, we, the elites, have managed. I know Sen. Cherarkey knows it, but he cannot talk about it. Some of our friends, through you, are the ones who have gone and bought land adjacent to where the oil is being sourced from, and they are the ones who have changed the value of that oil and keep saying the oil cannot pay for itself. Nonsense. No, oil can pay for itself.

Mr. Deputy Speaker, Sir, the point I wanted to make---

that, except for one that is in Brazil and another one in Canada. On the African continent, if you look at that stone, if there was value addition and it was industrialised, we should not be having this mace, which is full of gold, which somebody can steal. You can actually design and bring in soapstone, which looks exactly and as beautiful as this mace, which is here.

Another point I wanted to raise is that we never visit these areas. We have had several conservancies that exist in our republic which are privately owned, with long- term agreements on leases that have been signed where foreigners are owning these pieces of land of about 20,000 acres. Who does not remember that there was something called Ole Pejeta? The truth is that is where the minerals are. What is actually happening in those farms has nothing to do with tourism and conservancies to keep animals growing so that tourists can increase. Those are the areas that have been mapped that have tonnes and tonnes of materials, whether it is gold, diamonds, rare minerals or palladium.

Just as my colleague, Sen. Cherarkey has said, why is it that every time you have war in West Pokot or Turkana areas, you find people that tell you, do not go to Todoyang’. They say there are big boys there who are mining gold, they are picking. In fact, in Kenya, one of the issues that I cannot verify, one of the pieces of information that we have is that Kenya has uranium. Where are we selling our uranium to? I started adding two and two together. When you find somebody saying, and it is a very good idea, even though the people of Siaya said they do not want to have a uranium enrichment plant, which then would produce electricity for us, there is a reason.

We actually have the necessary materials to produce our own power, be self- sufficient, which can be sold cheaply to Kenyans and companies that can employ our youth and make sure that the country grows and prospers, but what do we do? Immediately we find that there is a mineral in Ukambani that can be sold, whether it is tanzanite or it is--- In fact, one of the biggest experts, and you will allow me to mention here without seeking his permission, is Hon. Muthama. He understands where every precious mineral in Kenya exists. But do we ever talk to individuals like that? No, because this is being done under the table. Yeah, I am talking about Mzee. My point is that we need to be a little bit more serious.

The committee is responsible and must be able to visit our areas. Let the ministry and the Office of the President tell us what mapping has been done, which minerals we have in which area, and what their values are. Let us get Kenyan experts there who will come and tell us that ‘the minerals you have can be processed like this’ if you have private companies coming to process those minerals. Can we agree on how we manage the financials and the resources that are supposed to go to our villages, because our villages are actually suffering because we are mismanaging their activities and resources?

The last item I would like to add is, if you look at our licensing, everything we do when licensing people who are coming to extract minerals in Kenya is all placed in opacity. You will never know which companies are taking the minerals; you will never know who the owners are; you will not find out whether they have ever paid taxes or not, and yet this is normal. This is very normal for our country. So, what we are saying is, can we just mature?

Some of the noise you get about how we have no jobs for youth, are things that can be fixed. These are opportunities that are low-lying. This is what I expect the UDA Government to have done as of now. By now, I wish the President would have appointed Sen. Cherarkey to be the guy managing the minerals. I would believe you in your pronouncements if you were the Cabinet Secretary, but then I know that Sen. (Prof.) Tom Ojienda would want you to be the Cabinet Secretary for Interior and National Administration. Sen. Kavindu Muthama could also serve, as she is an expert with 45 years of experience.

Finally, let this House and the relevant committee examine the amendments required in this Bill and discuss them. If further amendments are needed, let us try to clean up. We are untidy, deliberately disorganised and dishonest with our people. If you search for Kenyan minerals, you will see the list. They are many, including in Meru County.

Look at what is happening to our country. We import ceramic materials from Italy and Spain for construction in East Africa, while ceramic stones are available in Meru and Kakamega. Why are we not producing ceramic floor tiles and kitchen finishes? Instead, we remain net importers of everything, including toothpicks and razor blades. Meanwhile, we are unable to employ our young people. Where will they go if we, as a House, entrusted with responsibility, do not clean up and give our people opportunities? I hope my colleagues will refine this Bill and give Kenyans a good document by Christmas.

Mr. Deputy Speaker, Sir, with those remarks, I thank you.

We do not want African countries to receive royalties from colonists. We want business with them. We want them to come with their sophisticated technology and meet midway with our resources. They get 50 per cent from their technological input, and we get 50 per cent for “udongo wetu”.

Mr. Deputy Speaker, Sir, I therefore want to draw attention to the theft that goes on in Kenya when royalties are shared. It is a lie, dear colleagues. The Bill we passed last month shows Nairobi received royalties of Kshs12.4 million. What mining takes place in Nairobi? Which mineral?

They go ahead to tell us that Kericho County was given Kshs1.2 million, yet geospatial data shows that Kericho County has no minerals. It is still under exploration. Nandi County received Kshs121 million. I have been to Nandi County. There is only one gold mining site, Karebe Gold Mine, but they received Kshs121 million. However, Kakamega County, the heart of gold mining, was given Kshs58.

(Several Senators consulted loudly) Mr. Deputy Speaker, Sir, it is here, Kshs58--- The National Treasury mandarins want the Senator for Kakamega County to be a coward, and say all is well. The money from Gold in Kakamega County is distributed arbitrarily because no son of our region sits at the National Treasury. Nandi County, with a small amount of gold, gets more.

out and saying, let us change the country. Let us change the government, so that we can have a government that is responsive to this exploitation.

Mr. Deputy Speaker, Sir, I was the doctor in charge at Msambweni Hospital when Sen. Chimera was being born. When he then says that I could as well be his father, I confirm that I am not his father, because I did not sow any royal seeds when I was in Msambweni. My hands are too full for me to try any gymnastics in Msambweni because- --

I will continue begging you, let us fix our mineral resources. Thanks to Catherine Mumma. Out of the 60 MCAs, 12 Members of Parliament, one woman MP and a governor, all elected; it is only Catherine and I who are asking, where is our gold? So, when I say, Chimera, you are gagged, I did not mean it is you. I mean collective leadership, because if they are not gagged, why are they not doing what Sen. Mumma is doing? As they say, he who pays the piper calls the tune. So, the tune that is not being sung in Kakamega by leaders, is because the investors have paid the piper.

We, in Kakamega, do not want any investor to build any primary school, health center, or anything. We want to build them ourselves. When I will be the governor of Kakamega, God willing, we intend to build the gold mining city of Kakamega out of this

fortune. We are not, Sen. Catherine Mumma, going to allow them to go away with the money, so that they come and dig some silly boreholes in Kakamega for us.

Sen. Mumma, if anything happens to me – this is not a joke - please stand tall and go back to Ikolomani, and refuse to have this fortune taken away. It is not out of choice that we were born in Kakamega; that is where we call home.

Look at this line. Where are the Luo Members of this House? On this schedule, Homa Bay has received zero, and you tell people, “broad-based government. We are in government” because a Cabinet Secretary has been appointed from your tribe. We want the National Treasury to pay the people of Homa Bay so that they do not go and queue for handouts from the home of the Cabinet Secretary in the morning. Where is the money if the broad-based government is working? Homa Bay, where are you? Where is the money? We are not going to succumb to this.

Finally, but not least, on June 25th, 2024, Gen Zs stormed this House. Everybody in the National Assembly ran away. The Executive increased their security and locked themselves in safety. It is only you, distinguished Senators, who came out with courage, came to this House, put the mace in place, and brought back the country to normalcy. Do not forget. Nobody should ever take that away from you. Without that debate that we had here that day, the country was gone. There were seven things, nine things that you told the President to do in this House. He did all of them but two. So, we saved the country. Let us save the country so that the young generation can spare us for our incompetence, and wait for their time to come into leadership to right the wrong that we are doing today.

I celebrate Members of Parliament from Kisii and Nyamira Counties, Mount Kenya and Luo Nyanza. They descended in two days in multiple stopovers in my counties of Trans Nzoia and Bungoma in a sign of patriotism. This country needs patriots, I am telling you. Those patriots are walking around in the name of Linda Mwananchi.

I hear somebody is planning not to register Linda Mwananchi as a party. Do not waste time. We are old dogs. Even if you do not register Linda Mwananchi as a party, we already have an alternative.

Thank you, Mr. Deputy Speaker, Sir. I beg to oppose, not because it is wrong, but so as to request the Senator to step it down. We want to fix this mess.

1. (a) 70 per cent to the national Government,
2. (b) 20 per cent to the county government; and
3. (c) 10 per cent to the community, where the mining operations are taking place. The object of this Bill is not to distribute the royalties, but to hasten the payment of the royalties because, at the moment, the payment of royalties is clouded in mystery, and at some point, they have to come to the House.

checking whether the project is viable or not. In the process, whatever is mined is not accounted for.

Mr. Deputy Speaker, Sir, the problem is with regards to compensation due to owners of land. In some instances, once the land is excavated and mining takes place, the owner of land may not go back to that parcel of land. I was told while in Ikolomani the other day that there are some graves of big people that cannot be moved, and that if you move them, then it will be a curse to the community. Even if they do some things to appease the spirits of those persons, still it will be a curse to the community.

The issue is that you own land but not the minerals beneath the surface. That is where the problem is. In fact, in Ikolomani where we went, the problem is that there was no proper consultation between the mining company that is prospecting to do mining, and the community. Therefore, the community had to petition the Senate to consider their issues.

Another issue proposed in this amendment Bill is establishment of community project committees. For instance, when we went to Taita, the community wanted money to be paid and then shared amongst them. That is also happening in places like Jaribuni, where there are a lot of quarry activities. Maybe money that is supposed to be paid to the community is not planned for what they would want to do as a community.

In some instances, they have come up with proposals. For instance, they may want to put up health centres to protect people from dust pollution and treat those who are affected. In some instances, they may want to create bursary funds so that students from those communities are educated. Therefore, the committees being proposed under Clause 190C is a welcome initiative that should be supported.

The community should also have a say on how they use those funds. For instance, when money comes in, most people become a bit unreasonable, and some may want the money to be shared out. Sharing money that goes to the community was not in any way provided for in the current Act as it is. Therefore, this is also a welcome development that we need to support.

Mr. Deputy Speaker, Sir, this is a good amendment Bill. We have taken up the issue of payment of royalties with the Cabinet Secretary. They were also in the process of amending the regulations in order to pay directly to the communities so that money that is supposed to go to the community does not go through the county government, because a county government also subjects it to another bureaucracy.

In some places where mining takes place, people are a bit wealthy as a result of activities of artisanal miners who can challenge some of the decisions made by county bureaucrats. Therefore, there might be some issues of delays and bureaucracy in payment of royalties. This is also a welcome development.

Mr. Deputy Speaker, Sir, I pray that Senators support this Bill so that we pass it. I thank you.

activities within communities. It is structured in a way to try and put in place a mechanism that can help to determine what projects communities should engage in.

Having gone through and still going through the issue of goldmining and the manner in which people of Isulu in Ikolomani are being bullied into accepting whoever is taken to them without proper understanding of what is going on, I am persuaded that this House needs to engage itself on the need to completely overhaul the Mining Law to ensure that mining activities benefit the people of Kenya instead of benefiting largely foreign investors with a few individuals.

There is a mess in the way relevant Articles of the Constitution are being implemented. We need to go back to this issue and find out because since Independence, we have had individuals and families of people in high places in Government being the key beneficiaries of mining activities within the country.

The whole process on how much revenue we make from mining activities is blurred in opaqueness because it is unclear. It is high time we made laws that can make it clear to know how much Kenya makes from exploitation of mining resources that the country has, whether in Kwale, Kakamega, Siaya, Migori, Homa Bay, Kitui or Machakos. We should know the amounts of revenues being received, and how communities where mineral resources are benefit from that.

Therefore, Mr. Deputy Speaker, Sir, I fall in the category of trying to persuade Sen. Karen Nyamu that the Bill is about sharing resources that are shrouded in opaqueness. I suggest that the Senate be the House that will step down this law and establish a team to reorganise the mining processes in this country to ensure that they benefit the people. I thank the Chairperson, Sen. Mohamed Faki and his Committee, for coming to Isulu, Bushiangala to try and listen to the people of Bushiangala.

While we were there, the people of Bushiangala were repeatedly told that the land belongs to them, but the mines or the gold belongs to Government. There is no such provision in the Constitution of Kenya. The Constitution of Kenya, in Article 69(1), provides that the State shall ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits.

It then goes further to say that the State shall utilise the environment and natural resources for the benefit of the people of Kenya, and not somebody called the Government. For that interpretation, somebody called Government is the owner of gold, gemstones and oil in Turkana. Some believe that because they are at the top of Government, they are the ones who own these mineral resources. So, they are the ones who will decide which foreigner will come and get into a partnership with them to exploit those.

Even as they do so, it is unclear how much money they are putting into the National Treasury. Therefore, it is unclear for us to audit and say that this county has contributed revenue equivalent to so much in terms of resources made out of gold, gemstones and so on. So, the problem of this country is not how we are sharing the little that they are giving. If you look at the schedule for the Financial Year (FY) 2026/2027 that Sen. Khalwale is making reference to, the 20 per cent share of mineral royalties that Kakamega is receiving is Kshs58. It means the Government made Kshs290 out of gold from Kakamega. That is exactly what it means. Sen. Karen, the reason I am saying we

possibly need to relook at this is, the Committee you are setting up here would be worrying about how Kakamega can get to sit to decide how to use Kshs58.

This particular Senate needs to say no to the stealing of mineral resources in the country, which is done through collusion between the relevant State departments and senior people working together with companies that are incorporated out of this country. Strangely, we borrow so much money, but we do not have an idea of investing some of that money in minerals and the mining of our resources in order to make money for our people.

Mr. Speaker, Sir, coming back to this law, assuming that everything was okay and we are talking about the royalty, this law fails to recognize the need for factoring in proper intergovernmental cooperation between the national Government and the county government. It basically gives powers to the Cabinet Secretary for Mining, Blue Economy and Maritime Affairs and brings in the County Executive Committee (CEC) to be the one to coordinate/advertise on how the members of the Committee can be hired. It then proceeds to give qualifications of who this member is; who can be elected as a member to this Committee.

Very strange qualifications, because there are mainly three qualifications. One of them is that the person must be a member of the community. I find this one very strange; that a person must be proficient in English, Kiswahili or Kenyan Sign Language to be on this committee. Some of the miners from my village, all the experts in mining in my village, are people who may not have gone to school, and may not be able to speak English or Kiswahili.

I am surprised that we are not putting there a vernacular of the space where they are. Mining was a cultural activity in many of our communities. So, we are actually designing this in such a way that it becomes another elitist group that will be determining for communities what they are supposed to do. The Bill does not consider the fact that a community project that may be picked might fall within the functional assignment of either level of Government.

That is why it makes sense that when we make a law in the Senate, that law considers the possibility of how it intersects with devolution. So, if that Committee were to elect to do a water service to the community, that water service must be factored within the county plans around water service delivery within that community. If it were to select something to do with giving agricultural support, we have to factor that agriculture is a devolved function and, therefore, it needs to be fitted within the county government.

The point I made earlier is that the law we need in this country is one that will ensure transparency in the management of issues relating to mining. For instance, we found out in Kakamega that the company that is applying for a licence for mining is also getting a licence for prospecting over the same surface area. You have a licence for prospecting, you are applying for a licence for mining.

The licence for mining is purportedly for this particular location, and the licence for prospecting is for a larger location. Basically, trying to monopolise, to put one company to be able to do everything in that area. I asked the Principal Secretary for Mining, Blue Economy and Maritime Affairs, the peers, whether the Ministry has the

relevant capacity to be able to know whether a prospecting licence is being used for mining. We must be able to monitor and know when people say they are prospecting but are actually mining. Some are escorted using State resources to deliver what they have excavated. We need to verify if it is prospecting or mining.

If it is mining, we must have capacity. We must be able to state how much gold was extracted from Kakamega, and state its value. It cannot be that you are sitting in Nairobi, depending on the prospecting person to tell you, “this is what we got, and we got it in so many kilos, therefore, this is how much we are going to pay for it.”

Mr. Speaker, Sir, what I am saying is that our mining law has facilitated a lot of opaque activity around mining. That is why you end up with Kakamega being given Kshs58 in the name of royalties. I would want to know how much quantity that gold was. So, the point I am making is that as Parliament, we owe it to the people of Kenya. The law actually contemplates it. Article 71 says that-

“A transaction is subject to ratification by Parliament if it-

1. (a) involves the grant of a right or concession by or on behalf of any person, including national Government to another person for an exploitation of any national resource in Kenya” Parliament is supposed to be overseeing and helping in granting permissions over this issue. Are we doing that? Has the law we have passed helped us to protect the national resources for the benefit of Kenyans and not the benefit of Government, whoever that is? This is because in the Constitution, the State is not the executive Government. The State is all institutions. It includes Parliament, Executive, Judiciary and all other independent bodies.

So much as I would want to give accolades to my sister for helping to see where we can structure how royalties would be channelled, I would want to urge this House to do better and relook at our Mining Act with a view to overhaul it to deliver what the Constitution envisaged when it said ‘for the benefit of the people of Kenya’.

As I finalise, you will find that our own cultural artisanal miners are being treated as if they are lesser beings or investors in the practise of mining, whether in Kwale or Kakamega. What we are having now are reactive regulations coming to try and deal in a particular way. My request is that we need an independent review of all these issues to ensure that Articles 69, 70, 71 in regard to natural resources are properly implemented.

We might want to borrow from our sister country, Tanzania. When His Excellency Magufuli was there, they overhauled the mining law and regulations to ensure that there was greater benefit for the people of Tanzania, than for those who had come to exploit and use the people and the resources of Tanzania for their own benefits. That is why they ran away from Tanzania and came to Kenya.

As the people who represent communities, it is incumbent upon us to objectively step back and admit that we have not done a good job in developing the necessary regulations around mining. As a result, we have turned our communities into slaves. We are harming our rivers with mining that is unchecked. We are harming our lands, and we are bullying our communities, treating them as though they are slaves in order to benefit foreign countries in the manner in which they did when they went to South Africa and when they came here. So, I am asking we step back and, in a very objective way, and

decide how best we can roll out the constitutional expectations around our mineral resources.

Even as we do so, we must contemplate the trillions of dollars that we are borrowing. Why can we not invest some of them in our own exploitation of our resources in order to fast track our route to Singapore or wherever else we want to go to?

Why do we hand over this? We are told we will be able to extract in my village alone Kshs261 billion worth of gold without speaking of other slots, but you want to hand it over to other people. Is the Kshs13 trillion not enough to factor a little bit of it in organising communities to do that exploitation as Kenya?

I think we need to relook at these laws and regulations with the lens of Articles 10 and 70 of the Constitution. Mineral resources are supposed to be exploited for the benefit of the people of Kenya, not for the benefit of an individual called Government or big boys. They are usually big boys, not big girls who work together with proxy small boys from abroad. We need to get our act in order. Before we do so, hon. Karen Nyamu, I would request that the problem is bigger----

pave way for their land to be used for purposes of prospecting for these minerals and subsequent actual mining of titanium in Kwale County. Those people are still complaining and lamenting to date that they need to be compensated, but there is no one to speak for them.

I partly agree with you on the need to overhaul the Mining Act as it is today. However, we need to start from somewhere. We have a beautiful piece of legislation in the name of the Mining Act. It basically addresses the entire spectrum of what will be a mining activity. It starts from licensing, resettlement, compensation of the project affected persons, and compliance and enforcement, which should be in part nine of that Mining Act. It also looks at establishment of offences, which is under Part 15 of the Mining Act. As a country, we have done so well to make sure that there is order and sanity in our mining activities.

I will speak to the Bill, as proposed by Sen. Nyamu, especially on the timely release of royalties to counties. It is common knowledge that an investor will come to the country, seek for a prospective license, get it, acquire a mining license, go on the ground, and start mining. He will then take the minerals out of the mining sites to wherever it is, which can be Singapore or somewhere else, although we are also on course to going to Singapore. We shall be with you in Singapore. After that, the long wait for royalties begins. As I speak today, my county just recently received its rightful share of the royalties after waiting for so long. The monies are now in Kwale County, and it has brought forward another conversation. The question now is, how best do we share these royalties’ funds? The Governor and her team in Kwale had proposed certain projects to be funded by these funds.

Ideally, we factor in these monies as we make our budget proposals. The Governor is sometimes at pains to explain why they are unable to carry out certain projects, yet they budgeted for the same and the funds are unavailable. I am proud of Sen. Nyamu, because she has cured that mischief. This is because we do have money from a mining activity, but those funds sit somewhere in Nairobi with the Ministry and the Cabinet Secretary.

This happens because there is no legal framework that specifically speaks to the timelines within which those funds should be given to the county government. That includes the 20 per cent that is duly meant and allocated for the county government, and the 10 per cent that is meant for the community. So, I am happy that there will be a law for the first time that will mandate those in charge of releasing these funds to do so within 21 days upon receipt of the royalties. That is what Clause 190(a) of this amendment speaks to.

The other conversation is on project identification and implementation of the same. Right now, the people of Msambweni are saying that the mining activity happened in Msambweni, so they are entitled to the largest share of the projects in Msambweni. However, I want to remind my people in Kwale County that these minerals are minerals for all of us. This resource is for the people of Kwale. Those of us who come from Lunga-Lunga Sub-county must equally have a share of these proceeds. Those of us who come from Matuga Sub-county, Msambweni and Kinango equally have a share of these royalties.

I believe what Sen. Nyamu is proposing, of setting up the relevant community project identification committees, would cure the issue of sharing the royalties vis-a-vis the projects and how we roll out the projects in our counties. The need to involve the county government in rolling out the projects and the funds is very crucial. That is why the good Senator saw it fit to involve the county government effectively by way of making sure the County Executive Committee (CEC) Members in charge of finance and the CEC in charge of mining would be involved actively and not passively, by law, so that the input of the county government is felt and that projects are implemented across the board.

We have the Mrima debate in Kwale County right now. I heard those who spoke before me speaking on the need to making sure that the mining laws are for the people and the community. I want to tell the people of Kwale County today that this is their moment. The conversation on how they involve themselves in the mining of Mrima Hills should happen now, and that everyone must be part of that conversation for us to truly benefit from the resources.

I know there are questions touching on the relocation of people and compensation. It appears as if there is misinformation out there, but it is time, as a leadership from Kwale County, we get it right this time around. I am happy the President has been very supportive in his rallying call that this time around, we will not have our rare earth minerals being carted away to foreign countries without having the discussion on value addition happening locally. If we have value addition done locally, the industries will provide the many job opportunities that our young men and women are seeking for across the board.

I also agree with you on the need to borrow heavily from the mining laws from our sister country, Tanzania. I have had the chance to go around the mining areas in Tanzania. I have been to Geita, Tarime and Mwanza, where mining happens as if it is a normal thing. There is no secrecy in mining gold in Tanzania. It is not shrouded in mystery. There is no fear at all. Young people are involved in the business and trade of gold and minerals in Tanzania.

When you come to Kenya, trading in minerals is like trading in bhang. It is like an illegality. This happens because our laws have not enabled that space and opportunity for every Kenyan of goodwill to be allowed to trade, participate and involve himself in mining activities without a shred of doubt. I am happy my good professor, Sen. (Prof.) Tom Ojienda, used the proper word, “wash-wash”. Right now, if you talk of mining activities in Kenya, you will be thought of something else.

I ask you and Sen. (Dr.) Khalwale to lead this House in proposing these amendments or the overhaul of the law. Ultimately, we will end up having the proper mining regime in terms of a legal framework. If we do that, every Kenyan who is interested in pursuing a mining activity can do so knowing very well that he has the full force and backing of the law.

Madam Temporary Speaker, with those very many remarks, I support the amendments as proposed by Sen. Karen Nyamu. I know there is room for further amendments, which we will wish to speak to at that point in time.

Sen. Karen Nyamu, congratulations for these very timely amendments. I hope many of us will speak towards supporting the same Bill.

this. Sen. Karen, as you look at the minerals, kindly also look at sand and the building stones in Machakos County. The owners of the quarries in Mavoko in Machakos County, where we get the stones, called me telling me that people have rented their mines so that they can mine the stones, and they are not even paying them. I ask the County Government of Machakos to move with speed and intervene for those people to be paid their royalties and rents.

Another thing is that when these foreigners come and mine, they leave those mines open. Our people then fall into those mines and die, and nobody compensates them. Something should be done through this Bill and the Bill that you, Madam Temporary Speaker and Sen. Khalwale, are coming up with. That once anybody mines anywhere, they should cover the mines, otherwise, they leave our people at risk.

Thank you, Madam Temporary Speaker.

so that if it is gold in Ikolomani, for instance, appoint people from Ikolomani from that region. A framework that will make it easy to manage the funds and not create another bureaucracy that then takes all the funds before the public benefits. That is the intention of a benefit. It should flow directly to the people.

Secondly, in my view, the other qualifications of English and Swahili are really unfortunate. I think that as long as there is the member of the committee of some form of governance, some ability to show that they can govern, maybe some knowledge in finance, public finance, law, administration and things like that, then I think that would be the normal course of appointing individuals to boards. Let the board be lean, five members at most, then let them focus on a particular plan to implement a project in that community. The project should also be community specific. For me, that is the amendment that is deserved under Clause 190C.

Then, when we go down, the governor appoints a lean framework, then the project is implemented directly so that when funds come, like the one in Kwale, Kshs1.2 billion, if that was 20 per cent, 10 per cent would be Kshs600 million. That would be money that would then be managed for that particular community.

If it is the community in Mrima, where there is gold that is unmined and where people are openly poor – I am told they walk without shoes – let the community in Mrima take advantage of that 10 per cent, manage their resources and move on.

If it is Kakamega, and I am shocked that they earned Kshs58 as royalties. I think that there must be a problem. The formula for calculating royalties earned from minerals should be open for examination, and should be openly shared. Since this fund goes to the county, it should be available for debate by the Members of the County Assembly (MCAs) and questioned by the county government. The county government should know the amount of minerals mined in its jurisdiction, and what is available for the national Government, the county government and the 10 per cent for the community.

The elephant in the room remains the need to amend the Mining Act, 2016, Cap 306, to ensure that unfair percentages reflect current realities. We now have 47 county governments whose intention is to serve the people. This must reflect devolution. We are devolved. We cannot hold everything at the centre, give nothing to the regions and still expect them to develop.

Thank you, Madam Temporary Speaker.

composition of the committee and the sharing of royalties. If this House wishes to debate broader Government participation in mining and whether it has the finances and capacity to run mining operations, that requires a different amendment and a broader policy framework. It is not before this House today.

At the end of the day, we need a transparent system to manage royalties accruing to communities. This cannot be ignored by focusing only on foreigners. For your information, foreigners do not simply mine our minerals and leave with them. The licences issued by the Government have conditions. It is not their minerals. The minerals belong to us. Licences points that out and specify how we secure the larger share, including through taxes. Therefore, we should not deny communities their rightful royalties by delaying this amendment or missing the point altogether.

(The Clerk-at-the-Table consulted the Temporary Speaker) Hon. Senators, I wish to reorganize the Order Paper and defer Orders No.8 to14.

BILL

Second Reading

THE ASSISTED REPRODUCTIVE TECHNOLOGY BILL (NATIONAL ASSEMBLY BILLS NO. 61 OF 2022)

(Bill deferred)

BILL

Second Reading

THE KENYA ROADS (AMENDMENT) (NO.3) BILL (NATIONAL ASSEMBLY BILLS NO.34 OF 2025)

(Bill deferred)

BILL

Second Reading

THE REFERENDUM BILL (SENATE BILLS NO.3 OF 2026)

(Bill deferred)

MOTION

ADOPTION OF REPORTS OF THE COMMITTEE ON DELEGATED LEGISLATION ON TRAFFIC RULES AND NTSA REGULATIONS

THAT, the Senate adopts the Reports of the Select Committee on Delegated Legislation on its consideration of the – i) The Traffic (School Transport) Rules, 2026 (Legal Notice No. 11 of 2026; ii) The Traffic (Motor Vehicle Inspection) Rules, 2026 (Legal Notice No. 13 of

2026); and iii) The National Transport and Safety Authority (Operation of Commercial Vehicles) Regulations, 2026 (Legal Notice No. 14 of 2026);

laid on the Table of the Senate on Wednesday, 10th June, 2026; and that pursuant to Section 18 of the Statutory Instruments Act, the Senate resolves to annul the Traffic (School Transport) Rules, 2026 (Legal Notice No. 11 of 2026; the Traffic (Motor Vehicle Inspection) Rules, 2026 (Legal Notice No. 13 of 2026); and the National Transport and Safety Authority (Operation of Commercial Vehicles) Regulations, 2026 (Legal Notice No. 14 of 2026).

(Sen. (Dr.) Mungatana, MGH on 11.6.2026)

COMMITTEE OF THE WHOLE THE PUBLIC FUNDRAISING APPEALS BILL (SENATE BILLS NO.36 OF 2024)

(Committee of the whole deferred)

COMMITTEE OF THE WHOLE THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 3 OF 2024)

(Committee of the whole deferred)

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

(Committee of the whole deferred) Next Order.

BILL

Seconding Reading

THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO.39 OF 2024)

(Bill deferred) Order No.15 is also deferred as the Mover is not present.

BILL

Second Reading

THE AGRICULTURE AND FOOD AUTHORITY (AMENDMENT) BILL (SENATE BILLS NO. 13 OF 2023)

(Bill deferred)

MOTION

ADOPTION OF REPORT ON ALLEGED IRREGULARITIES IN PETROLEUM PRODUCTS SUPPLY CHAIN

THAT, the Senate adopts the Report of the Standing Committee on Energy regarding alleged irregularities in the petroleum products supply chain, laid on the Table of the Senate on Tuesday, 14th July, 2026.

MOTION

HANDING OVER OF COOKING GAS HANDLING FACILITY TO A PRIVATE FIRM IN MOMBASA COUNTY

THAT, the Senate adopts the Report of the Standing Committee on Energy on its inquiry regarding the handing over of a cooking gas handling facility, in Mombasa County, to a private firm, laid on the Table of the Senate on Tuesday, 14th July, 2026.

MOTION

ADOPTION OF REPORT ON CONFERMENT OF CITY STATUS TO THIKA MUNICIPALITY IN KIAMBU COUNTY

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on the conferment of City status to Thika Municipality, laid on the Table of the Senate on Wednesday, 15th July, 2026 and, that pursuant to section 8 (6) of the Urban Areas and Cities Act, approves the conferment of City status to Thika Municipality.

MOTION

ADOPTION OF REPORT ON COOPERATION AGREEMENT BETWEEN THE NATIONAL GOVERNMENT AND NAIROBI CITY COUNTY GOVERNMENT

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on the Cooperation Agreement between the National Government and the Nairobi City County Government laid on the Table of the Senate on Wednesday, 15th July,

1. 2026.

ADJOURNMENT