Wednesday, 29th November, 2023 Afternoon Sitting

Clerk, do we have quorum?

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

Clerk, do we have quorum in the House now?

Do we have quorum inside the House?

I do not want to go by what Sen. Gloria is telling me that there are two outside.

Now that we have quorum, Clerk, you may proceed to call the first Order, please.

Services, Senate.

Hon. Senators, I wish to acknowledge the presence in the Speaker’s Gallery this afternoon, of a visiting delegation from the Institute of Economic Affairs Kenya.

The delegation comprises members of staff and students who are in the Senate for a day’s visit. On behalf of the Senate and my own behalf, I extend a warm welcome and wish them a fruitful visit.

I will allow the Senate Majority Leader, under one minute, to extend words of welcome to the delegation.

Thank you, Mr. Speaker, Sir. I join you in welcoming this team from the Institute of Economic Affairs Kenya. If I am not mistaken, this is the think-tank led by Dr. Kwame Owino. Yes, I can see them nod.

When we had deliberations on the cost of living at the National Dialogue Committee, one of the institutions whose presentation I really enjoyed was this one. I may not agree entirely with what they say about the state of our economy and interventions being made, but it is not for lack of good intentions on their part. They may be divergent on views, but they mean well for this country.

I agree with them 90 per cent, especially on the diagnosis of how we found ourselves here as a country. However, we may differ on the approach to get Kenya out of the current economic situation. In my years as a Member of the Budget and Finance Committee, I used to look forward to the memoranda they would share each time we had Bills before us.

I wish the delegation before us this afternoon well as they interact with the Senate. Senators are very professional, staff of the Senate and the things they are doing here.

Thank you, Senate Majority Leader. Next Order, please.

Let us have the Chairperson or any Member of the Committee on Justice, Legal Affairs and Human Rights.

Sen. (Dr.) Khalwale, are you a Member of that Committee?

Services, Senate.

Thank you, Mr. Speaker, Sir. I beg to lay the following Petition Report on the Table of the Senate, today, Wednesday, 29th November, 2023-

Report to the Senate on a Petition by Hon. Simon Lenguiya, concerning the academic qualifications required for one to be a Speaker of a County Assembly, the Senate, or the National Assembly.

Next Order, Clerk.

Senate Majority Leader, you may consult, but kindly keep on the down low. Next Order, Clerk.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Wednesday, 29th November, 2023-

Report of the Auditor General on financial statements of Mwingi Level 4 Hospital

for the year ended 30th June, 2022.

Next Order, Clerk.

Hon. Senators, we are now going to Statements. These are the requests for Statements pursuant to Standing Order No.53 (1) .

Sen. Crystal Asige, proceed.

Services, Senate.

Thank you, Mr. Speaker, Sir. I rise pursuant---

Order, hon. Senators. May Sen. Crystal Asige be heard in silence? Sen. (Dr.) Khalwale, kindly.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the rampant discrepancies in the Kenya Certificate of Primary Examination (KCPE) 2023 results released by the Kenya National Examination Council (KNEC) .

In the Statement, the Committee should-

Is Sen. Sifuna not in the Chamber? That Statement is dropped.

Sen. Lomenen, proceed.

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

Services, Senate.

What is the problem, Sen. Methu? By now you must be aware and fully knowledgeable on the Standing Orders. You certainly cannot stand on a point of order.

Mr. Speaker, Sir, as you drop that Statement, I have been consulting with the Clerks-at-the-Table. I know Sen. Crystal Asige has been seeking to be sent the Statement to read on behalf of Sen. Sifuna, and it has not been sent to her. Since I came in this afternoon, she sent me to come and ask this secretariat to send it to her, yet it has not been sent.

It was not fair to drop it because someone was standing in for Sen. Sifuna, only that the Statement has not been sent to her to read.

Hon. Methu, you know that does not help the situation. As far as I am concerned, I have called out this Senator. There is nobody holding his brief and, therefore, the Statement stands dropped.

Sen. Lomenen, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security---

Deputy Speaker, I would not want to rule you out of order. Be a good example.

Proceed, Sen. Lomenen.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security and Foreign Relations regarding the insufficiency of National Police Reservists (NPRs) in curbing insecurity in Turkana County and surrounding regions.

In the Statement, the Committee should-

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security forces to combat insecurity in the region, stating the kind of support being considered, including provision of insurance coverage to the NPRs to ensure their safety and effectiveness in their roles.

Thank you.

Sen. (Prof.) Tom Ojienda, SC, proceed.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the state of operational capacity of Kisumu International Airport.

In this Statement, the Committee should-

Sen. (Dr.) Khalwale, you may have the Floor.

Services, Senate.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on the National Security, Defence and Foreign Affairs regarding the killing of four men at Ngano Farm, which is owned by the Kenya Defence Forces (KDF) in Turbo Constituency, Uasin Gishu County.

In the Statement, the Committee should-

Sen. Lomenen, do you have one more Statement to request?

Yes, Mr. Speaker, Sir.

Sen. Lomenen, before you make your request for a Statement, I kindly request the Serjeant-at-Arms to assist Sen. Crystal Asige in approaching the Chair.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on security enhancement along the Kenya-Uganda border in Turkana County.

In the Statement, the Committee should-

Services, Senate. Kenyan citizens in Ugandan prisons and promote peaceful co-existence among border communities.

and prevent further mistreatment or killing of individuals in Turkana County.

I thank you.

Sen. Crystal Asige, you have the Floor.

Thank you, Mr. Speaker, Sir. I will be reading this Statement on behalf of Sen. Sifuna.

I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Finance and Budget on restrictions imposed on taxpayers by the Kenya Revenue Authority (KRA) .

In the Statement, the Committee should-

Is the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries or any Member of that Committee present?

If they are not present, the Statement on the activities of the Committee on Agriculture, Livestock and Fisheries is deferred.

The Chairperson, Standing Committee on Devolution, Intergovernmental Relations to proceed and make his Statement. Sen. Abbas, the Floor is yours.

Services, Senate.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (b) to make a Statement on the activities of the Standing Committee on Devolution and Intergovernmental Relations for the period commencing July to December, 2023.

During the reporting period, the Committee has carried out various activities pertaining to its mandate. As a snapshot, the Committee has transacted the following legislative business –

The Committee considered three Petitions, which were committed to the Committee. Of the three Petitions, two have been concluded and one is pending before the Committee as follows-

What is your point of Order Sen. Cherarkey? Sen. Abbas, just have your seat.

Mr Speaker, Sir, I need your indulgence under Standing Order No.1; I know that you have moved to Statements under Standing Order No.56 (1) (b) . However, I realize that there was a Statement on the issue of the Kenya Certificate of Primary Education (KCPE) , which is a serious national matter. The killing of some young men in my neighbouring county is also critical. I need your guidance and indulgence on what point you can allow us to add a few clarifications on those Statements even if it is just for a few minutes.

I thank you and I stand guided.

Very well. Hon. Senators, we are on Statements; whether under Standing Order Nos.52, 53 or 56, all these are Statements. Once we are done with all the requests for Statements, I will allow 30 minutes for interventions from hon. Senators.

Sen. Abbas, please, proceed.

Thank you, Mr. Speaker, Sir---

What is your point of order Sen. Kinyua?

Mr. Speaker, Sir, I have listened to the Chairperson of the Standing Committee on Devolution and Intergovernmental Relations, and there is a Statement that

Services, Senate. he was supposed to handle, but he is saying that he does not know how that Statement landed in his---

Sen. Kinyua, allow the Chairperson to present his Statement. Thereafter, I will give ample time for intervention then you may bring out your concerns.

Okay.

Sen. Abass, please proceed.

Mr. Speaker, Sir, on the same note, the Committee considered the following two Bills of which are still under consideration-

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The Committee is currently considering matters concerning the personal security and administrative issues raised by the Deputy Governor of Trans Nzoia County. The Committee invited various stakeholders, including the National Cohesion Integration Commission, the Governor and the Deputy Governor of Trans Nzoia County to receive their submissions on the matter. The Committee is actively executing the matter and shall table the report of the outcome.

Mr. Speaker, Sir, the Committee in future plans to-

sector laws that need to be reviewed to conform with the Constitution and making the necessary recommendations needed for their amendment.

with a view to oversighting the utilization of the resources meant for Devolution.

2011 with the objective of proposing amendments to the framework of the management and governance of Cities and Urban Areas.

view to making proposals on the enhanced role of the Senate in the process.

including the proposed Impeachment Procedure Bill.

Mr. Speaker, Sir, lastly, I wish to appreciate your office and that of the Clerk of the Senate, for the facilitation and support.

The Chairperson Standing Committee on Education, please proceed.

The Chairperson Standing Committee on Energy, please proceed.

Mr. Speaker, Sir, I present the Statement by the Committee on Energy on behalf of the Chairperson, Sen. Wamatinga.

I rise pursuant to Standing Order No.56 (1) (b) to make a Statement on the activities of the Standing Committee on Energy for the period commencing 1st July, 2023 to 29th November, 2023.

During the period under review, the Committee held a total of 27 sittings, considered five Statements and concluded an inquiry into the high cost of electricity in the country. The Committee also considered two legislative proposals, one Bill and one Petition.

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Mr. Speaker, Sir, the legislative proposal considered by the Committee includes the Local Content Bill which is a Committee Bill and an amendment to the Energy Act sponsored by Sen. Sifuna.

The Local Content Bill, 2023 aims to create a comprehensive legal framework that will fully enhance local content in Kenya. Following deliberations of the Committee, the Committee resolved to maintain the local content at 30 per cent. The Bill is currently awaiting publishing.

The Energy (Amendment) Bill, 2023 whose principal object of the Bill is to amend the Energy Act, 2019 to provide for transparency in Energy purchase agreements. It was considered by the Committee and approved for publication. The Bill was published on 1st September, 2023.

Mr. Speaker, Sir, the Energy (Amendment) Bill, 2023 (Senate Bills No. 42 of 2023) was published on 1st September, 2023 and was introduced in the Senate by way of First Reading on Tuesday, 17th October, 2023 and thereafter stood committed to the Senate Standing Committee on Energy for consideration and facilitation of public participation.

The rationale for disclosure of the beneficial ownership information is to create an accurate public disclosure regime that provides transparency in the beneficial ownership and control structures of companies. This aids in not only promoting investor confidence and good corporate governance practices, but also in uncovering tax evasion schemes, money laundering practices, corruption schemes and other illegal activity involving either one or more companies.

In compliance with the provisions of Article 118 of the Constitution and Standing Order No.145 (5) of the Senate Standing Orders, the Committee proceeded to undertake public participation on the Bill. In this regard, the Committee published an advertisement in the Daily Nation and The Standard newspapers on Thursday, 19th October, 2023 inviting members of the public to submit written memoranda to the Committee on the Bill by 3rd November, 2023.

The Committee considered the memoranda received and adopted the report on 28th November, 2023. The report is in the process of being approved for tabling.

Mr. Speaker, Sir, regarding Statements, pursuant to Standing Order No.53 of the Senate Standing Orders, five Statements were sought from the Committee. The Committee considered and concluded two of these Statements. In considering the said Statements, the reports and responses received by the Committee were shared with respective Senators and the Statements concluded.

The Statements that were concluded include the following-

infrastructure in major towns within Turkana County.

in Marsabit County.

Mr. Speaker Sir, the pending Statements are as follows-

of an oil consignment. The Committee has written to the Cabinet Secretary, Ministry of Energy and Petroleum seeking a response.

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electrification projects in Isiolo County. The Committee has written to the Cabinet Secretary, Ministry of Energy and Petroleum and is waiting for a response.

hand over the management of National Oil Corporation to a private investor. The Committee wrote to the Ministry of Energy and Petroleum seeking a response to the statement. Recently, we saw that National Oil is one of the entities that will be privatized.

Mr. Speaker Sir, from the previous reporting period, the following Statements are still pending-

On 17th October 2023, the Committee wrote to the Ministry of Energy and Petroleum reminding them of the earlier requests for Statements-

connectivity in public schools in Kitui County.

energy tariffs applicable from 2022-2026.

power outage.

project in Muranga County.

We are waiting for a response for the four Statements from the Cabinet Secretary for Energy and Petroleum. That is why it was put in the morning that we need a Motion to be brought to this House.

Mr. Speaker Sir, on Petitions, on Wednesday, 16th November, 2023, a Petition by residents of Uyombo village in Kilifi County concerning the protection of the right to life, health and a clean environment and other constitutionally protected rights and fundamental freedoms was presented to the Senate pursuant to Standing Order No.236 and referred to the Senate Standing Committee on Energy pursuant to Standing Order No.238 (1).

Their prayers include, ordering all responsible State agencies to remove Uyombo Village from the list of possible sites for a nuclear reactor. The Committee has scheduled meetings with all the relevant stakeholders and petitioners early next year.

Mr. Speaker, Sir, you know soon, we will be proceeding on recess. We have agreed that the second week of January 15th, we will be going to Kilifi to listen to the stakeholders.

The Committee has a work plan to ensure that it reports back within the 60 working days as per the Standing Orders. I believe that when we come back in February, we shall be tabling the report.

Mr. Speaker Sir, on county visits, the Committee visited Lake Turkana Wind Power in Marsabit County. This is an independent power producer that generates 300 Megawatts (MW) into the grid using wind which is renewable energy.

During the visit, the Committee familiarized with the infrastructure of Lake Turkana Wind Power Limited and noted that such critical infrastructure should be protected by our disciplined forces and not police reservists as is the case now. While we were there, we saw some security breaches. The Committee also noted the challenges that

Services, Senate. independent power producers are facing because of the dollar fluctuation and its unavailability.

Mr. Speaker Sir, the Committee also visited Tullow Oil in Turkana County while were in the Senate Mashinani. In 2012, Kenyans were informed of the good news that oil had been found in Kenya. However, to date, Kenya has not been able to benefit from the oil discovered in Turkana County.

During the visit, the Committee noted that following exploration, a field development plan was submitted to the Ministry of Energy and Petroleum by Tullow in

of electricity in the country. It adopted and tabled its report on the Floor of the Senate on 28th September 2023. We will be asking if the Senate Business Committee (SBC) could expedite this report because it will assist in reducing the cost of power.

The Committee made several recommendations including-

of Energy and Petroleum should disclose the full identities of beneficial owners of ass Independent Power Producers (IPPs) including companies listed as shareholders in foreign jurisdictions.

Liquefied Natural Gas (LNG) in accordance to their respective Power Purchase Agreements (PPAs) within 18-36 months of adoption of the report.

Company (KETRACO) to prioritize the completion of the following lines that will help to reduce the cost of power.

months of the adoption of the report to allow for Suswa to Mariakani through Isinya to be energized. Therefore, allow more geothermal power to flow to Mombasa.

(iii) Completion of the Turkwell-Ortum-Kitale line within three months of adoption of the report which will stabilize power in the Western region.

should institute a mechanism for purchase of HFO in bulk to reduce the cost of fuel and eventually cost of power.

current PPAs with a win-win solution for both parties within 12 months of the adoption of the report.

should purchase power based on merit order giving

preference to the cheaper power producers. Currently, we came to understand that they can actually take one expensive power instead of taking a cheaper power.

Mr. Speaker Sir, the above recommendations are some of the many other made and we pray that we discuss the report.

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Additionally, following the inquiry, Sen. Edwine Sifuna, MP a Member of the Committee sponsored and amendment to the Energy (Amendment) Bill 2023 which I had said earlier.

Mr. Speaker Sir, the Committee engagement are as follows- The Committee has also been looking into the procurement process of pre-paid meters by Kenya Power. It will shock the House that as we speak, there are over 450,000 Kenyan citizens waiting for connection of pre-paid meters in their homes and offices yet Kenya Power do not have meters.

If we were to make an assumption, Kenya Power is losing close to around Kshs450 million every month by not installing these meters and there are people who are having illegal power.

Aware that the Government plans to build 250,000 affordable houses every year, for the next five years, Kenya Power, therefore, has to come up with a clear framework of procuring meters that would satisfy the demand in the country. Otherwise, we will have houses with no power.

Mr. Speaker Sir, we engaged some of the companies that have won tenders to supply meters to Kenya Power. It was very evident that a majority of them, are up to 70 or 100 per cent foreign-owned. As a Committee, we need to encourage local manufacturers so that we do not ship all the monies that come from Kenyans.

The Committee has also been looking into the cost of fuel in the country. On Monday, 30th October, 2023, the Committee met with the companies that had been nominated to participate in the Government to Government (G-G) Oil agreement. These companies are Gulf Energy, Oryx Energies, and Galana Energies.

Gulf Energy was nominated to work with Abu Dhabi National Oil Company (ADNOC) Global Trading to bring in diesel and jet fuel, and Emirates National Oil Company Limited (ENOC) to bring in super petrol. Galana Energies and Oryx Energies were nominated to work with Saudi Arabia Oil Group (Aramco) to bring in diesel and super petrol.

Mr. Speaker, Sir, these three companies were nominated by the companies from the oil companies and not by the Government of Kenya. From the meeting, it was determined that the country needed US$500 million to import 900,000 metric tonnes of fuel for the country and its neighbours. Sixty per cent of the total imports are consumed locally and 40 per cent by our neighbours.

Mr. Speaker, Sir, the three importing energy companies have up to 180 days to pay the import in Dollars. Their agreement with the initial designated bank, which is Kenya Commercial Bank (KCB), is that from day 91 to 180, the bank will obtain USA Dollars to pay for the consignment already received.

A lot has been said about the Government to Government Oil deal. The Committee is looking into this matter and it will inform the House on its findings. There have been many issues reported in the newspapers, but so far the Committee has not seen any issue.

As I conclude, the Committee intends to carry out the following key activities during the next quarter-

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on the high cost of electricity.

Ministry of Energy and Petroleum.

critical energy infrastructures, especially in Lake Turkana Wind Power project.

energy costs.

equipment such as transformers and meters, which are critical components in electricity connectivity.

Government-to-Government agreement on petroleum products with the aim of ensuring that the cost of fuel comes down. We are happy that, last week, the President reported that from December the cost of fuel will be coming down.

Kenya Power with reference to its financial status and the losses that it is making. Kenya Power has projected a loss of Kshs5.5 billion in this Financial Year.

Hon. Speaker, Sir, I submit and table.

The Chairperson, Standing Committee on Finance and Budget, please proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order 56 (1) (b) of the Senate Standing Orders to make a Statement on the activities of the Standing Committee on Finance and Budget for the period commencing, 1st July, 2023 to 28th November,

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The Equalization Fund (Administration) Bill (Senate Bills No.14 of 2023). The Bill was passed by the House with amendments and transmitted to the National Assembly for concurrence.

The Public Finance Management (Amendment) Bill (National Assembly Bills No.16 of 2023). The Senate passed the Bill with amendments, which were transmitted to the National Assembly. The National Assembly rejected the Senate’s amendments to the Bill. Consequently, pursuant to Article 113 of the Constitution, the Bill was referred to a Mediation Committee. The Mediation Committee developed an agreed version of the Bill that was considered and approved by both Houses. It was forwarded to the President for assent in accordance with Article 113(3) of the Constitution.

The County Governments (Revenue Raising Process) Bill (Senate Bills No.22 of 2023). The Committee recommended that the Senate rejects the Bill on the basis that the provisions of the Bill would be a claw back on the powers of county governments to impose taxes, levies and charges under Article 209(3) and (4) of the Constitution. Further, a violation of the objects of devolution as set out in Article 174 of the Constitution and in particular self-governance and participation in decision-making.

The Bill proposes establishment of an Inter-Agency Committee whose mandate would be approval of introduction of new county taxes, fees, levies and charges. This move would be equivalent to usurping the powers of the county governments. Additionally, some of the provisions of the Bill already exist in other Acts already approved such as the Public Finance Management Act, 2012 and Intergovernmental Relations Act, 2012. The Bill is currently at the Second Reading Stage in the Senate, with the advice from the Committee that it be rejected.

The Committee is currently considering the following Bills and will table its reports upon conclusion-

(Amendment) Bill, 2023 (Senate Bills No.40

of 2023

Laws (Amendment) Bill (Senate Bills No.39 of

2023).

The Committee also considered and tabled a report on the County Governments (Equitable Share) Cash Disbursement Schedule for the Financial Year 2023/2024. While considering the Bills, the Committee held consultative meetings with the all the critical stakeholders as required by law.

Under the Statements before the committee, the committee has considered and concluded the following four (4) Statements-

Taveta by Sen. Johnes Mwaruma, MP.

The Committee considered the analysis of responses from the Commission on Revenue Allocation (CRA) and the National Treasury and provided a brief to Sen. Johnes Mwaruma, MP, indicating that pursuant to Article 216(4), there was a criterion in place for the identification of marginalised areas (at Location level) which determine beneficiary counties under the Fund.

In this respect, the allocations from the Fund corresponded to certain marginalised areas within Taita Taveta County.

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Sen. Samson Cherarkey, MP.

Analysis of Salaries and Remuneration Commission (SRC) gazette notices indicated that the monthly gross salary for Members of the County Assemblies (MCAs) remained the same in the Gazette Notice No.8795 of July 2022, as it was in the Gazette Notice No.6818 of July 2017, at Ksh144,375. The only difference was segregation of the basic salary and allowances. The gross salary remained the same.

Additionally, the SRC Gazette Notice No.10350 of August, 2023 adjusted the monthly gross salary for MCAs upwards by Kshs10,106 from Kshs144,375 to Kshs154,481.

Review of Salaries, Benefits and Allowances for Judges and Magistrates by Sen. Cherarkey. The Committee processed the response received from the Salaries and Remuneration Commission (SRC) and presented a brief report to Sen. Cherarkey. The SRC indicated that a number of issues raised in the Statement concerning the elimination of non-practicing allowance and car allowance were pending determination before the High Court.

the Release of Funds for the Construction of Taita Taveta County Headquarters. The Committee received and considered the analysis of the response from the National Treasury. The Committee noted that Taita Taveta is not a beneficiary of the conditional allocation on supplement for construction of the county headquarters.

That, Isiolo, Lamu, Nyandarua, Tana River and Tharaka Nithi counties were the only counties that were in dire need of assistance and earmarked for benefiting from the allocation. The Committee recommended that counties such as Taita Taveta may consider adjusting their own budgets and providing resources for construction of their county headquarters.

is by Sen. Kibwana regarding withholding VAT Obligation

on Petroleum Products and its impact on business. The response from the National Treasury provided that it is not a new tax stream, but a means of curbing VAT fraud or evasion. It does not change the procedure for charging VAT and accounting for the VAT charged on a taxable supply, but improves compliance and plugs the VAT gap through increased visibility of the taxpayers. Thus reducing VAT payment evasion.

The Committee has made some progress in processing the following Statements- The Statement on the status of pending bills in Kakamega County by Sen. (Dr.) Khalwale. The Committee considered and scrutinized the response to the Statement from Kakamega County Executive. It was noted that the response to the issues raised was inadequate and unsatisfactory. The total pending bills presented by the County Executive to the Committee differed from the figures presented to the office of the Auditor-General (OAG).

The Committee invited the county government and the OAG to a meeting to deliberate on the matter. The County Executive of Kakamega was directed to provide to the OAG supporting documents for reconciliation of the amount of pending bills as of August, 2022.

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After the submission of reconciled figures by the OAG, the committee scrutinized the reports and the following issues were further flagged out-

Several roads were listed as having been constructed to bitumen standards with respective pending bills below as below-

(ii) Navakholo roads - Kshs48,342,501 and Kshs47,485,947 (iii) Eregi roads - Kshs46, 774,255 (iv) Malava roads - Kshs35, 985,463. The county made a payment of Kshs22.2 million pending bills despite being marked ineligible in the report. Navakholo Road had been listed twice under the same tender No. 830226, the contract was awarded or executed by a similar contractor (Midland Construction Company). The Local Supply Orders (LSOs) were drawn on different dates and the amounts outstanding also differed. The project for the provision of the county valuation roll was tendered at Kshs13, 291,100 despite the contract sum being Kshs99,713,600.

Following the above, the Committee undertook a fact-finding visit to Kakamega County on 20th November, 2023, to inspect some of the roads listed above. The committee inspected the Ingotse-Navakholo-Chebuyusi (11.5 kilometres) Road. Thereafter, it held a meeting with the County Executive to provide clarification on other issues that had been flagged from the report of the Auditor-General. The Committee also engaged the County Assembly of Kakamega.

During the fact-finding, the committee noted the following- The proposed construction to bitumen standards of the road projects are ongoing projects and thus only certified works were eligible for payments and, therefore, listed as pending bills. Copies of procurement documents relating to the road projects were availed to the committee.

These projects are multi-year projects and funds are allocated annually depending on the expected completion rate.

The aforementioned road projects are-Shitirire-Malava-Tumbeni (7.5kilometres), Ingotse-Navakholo-Chebuyusi (11.54 kilometres) Road, Bushiangala-Eregi-Lusiola (9.2 kilometres) Road, Matungu- Ongolo (9.3 kilometres) Road.

On the issue of Navakholo Roads being listed twice with the same tender No. 830226, the committee was informed that the payments related to two progressive interim certificate Nos.1 and 2 for Kshs48,342,501.00 and Kshs47,485,974.00, respectively.

On the payment of Kshs.22.2 million, which was Ineligible Pending Bills, the County Executive indicated that payments were under review and verification. The management is committed to ensuring verification of pending bills is carried out before payment of pending bills.

The county phased out the project of the valuation roll due to the high cost involved and the first phase of Kshs13 million was already dispensed. The Committee directed the Kakamega County Executive to prepare and submit a detailed pending bills payment plan indicating a schedule of all verified, eligible pending bills within 30 days.

On the statement on status of pending bills at Kisii County and the county governments in Kenya by Sen. Onyonka, the Committee considered and noted that the

Services, Senate. response to the statement by the Kisii County Government was inadequate. The Committee held a meeting with County Executive of Kisii and resolved that-

The county executive should undertake an evaluation of the completion status and amount of works done which may be certified for payment and the Executive should prepare and submit to the Finance Committee a comprehensive report on the status of pending bills (both eligible and ineligible) by 30th October, 2023, indicating the progress made in segregating the ineligible pending bills. However, the County Executive requested an extension of time to 30th of November, 2023 which the committee granted.

On the Status of Access to Government Procurement Opportunities (AGPO) by Sen. Nyamu, the Committee considered and analyzed the response from the National Treasury. Consequently, the Committee held a meeting with the Public Procurement Regulatory Authority (PPRA) to deliberate on the matter. During the meeting, PPRA informed the committee that most of the public institutions rarely submit their reports to PPRA on compliance with AGPO requirements.

The Committee directed PPRA to formally write to all public procurement entities requiring them to comply with the reporting requirement on AGPO matters. Thereafter, PPRA will submit a report to the committee on the progress of compliance and also on the legislative gaps in the Public Procurement and Asset Disposal Act that may require amendments to provide for enforcement of reporting requirements.

On status of pending bills in Vihiga County by Sen. Osotsi, the Committee considered the response from the county and also held a meeting with the County Executive. The Committee has written to the county to provide clarification on the following issues-

a) Terms of Reference for the constituted permanent Committee on pending bills. b) The actual total pending bills owed by the County Executive as of 30th June,

Year 2023/2024.

d) The criteria used in determining the suppliers prioritized for settlement of pending bills.

e) Justification for the pending bills on recurrent expenditure that related to COVID-19 expenditure.

f) A detailed pending bills payment plan. g) A list of supplies that had not been paid and had not been listed in the list of pending bills.

During the county visit to Kakamega on 20th November, 2023, the County Executive responded to the two statements that were requested by Sen. (Dr.) Khalwale on rental fees incurred by the County Government of Kakamega and on revenue generation and usage by the County Government of Kakamega.

The Committee directed the Kakamega County Executive to prepare and submit within 14 days-

from Butali Sugar, West Kenya and gold miners at Malinya, Rosterman, Bushiangala and Lirembe.

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(ii) A detailed report on the status of construction of county headquarters in order to reduce lease or rental expenses.

(iii) A detailed report on the status of completion of the Ingotse-Navakholo- Chebuyusi Roads project, indicating the amount paid so far and the expected date of completion.

Mr. Speaker, Sir, during the period, the Committee invited the Governor of CBK to its meeting on several occasions to respond to a number of statements before it. However, the Governor has repeatedly requested for rescheduling of the meetings with the Committee. The Committee has summoned the Governor to appear before the Committee on Monday, 4th December 2023 to respond to the following Statements -

Mutinda, MP.

Cherarkey, MP.

by Sen. Eddy Gicheru Oketch, MP.

Limited by Sen. Samson Cherarkey, MP.

Mr. Speaker, Sir, the Committee will schedule a meeting to discuss the following analysis of the responses that were submitted on the following statements-

in Wajir County sought by Sen. Abass Mohamed, MP.

counties for the Financial Years 2021/2022, 2022/2023 and 2023/2024 by Sen. William Kisang’, MP.

(KRA) to the Kenya National Trading Corporation Limited (KNTC) requested by Sen. Chute Mohamed, MP.

Mr. Speaker, Sir, the Committee received the following statements, and has requested for responses from the relevant institutions-

Services (NMS).

Sen. Samson Cherarkey, MP.

Okenyuri, MP.

collection in Kisumu County requested by Sen. (Prof.)

Tom Odhiambo Ojienda, SC, MP.

Omtatah Okoiti, MP.

Sen. Mohamed Faki, MP.

concerning claims of an economic crisis in the country by Sen.

Richard Onyonka, MP.

Services, Senate.

Tom Ojienda, MP.

Jomo Kenyatta International Airport (JKIA).

that was sought by Sen. Hamida Kibwana, MP.

On Petitions before the Committee, the Committee is currently considering a Petition on the regulation of the credit profession by CCP Mokaya Magembe Bernard, Council of the Institute of Credit Management (Kenya) that was committed to the committee on 23rd May 2023. The committee held a consultative meeting with the petitioner.

Further, the Committee resolved to invite the Governor of CBK to a consultative meeting to deliberate on the matter. However, upon invitation, the Governor has repeatedly requested for rescheduling of the meetings.

At its 93rd. meeting held on Thursday, 23rd. November 2023, the Committee resolved to summon the Governor to a meeting scheduled to be held on Monday, 4th December 2023.

The Governor of CBK is expected to submit views on the proposed legislation on regulation of the credit profession.

On legislative proposals considered by the Committee, the Committee carried out a republication scrutiny and examined the following legislative proposals-

(Amendment) Bill, 2023, sponsored by Sen. Eddy Oketch,

MP.

At its Sitting held on 23rd November 2023, and pursuant to Standing Order No. 131(1)(a) of the Senate Standing Orders, the Committee examined the proposal sought, the views of the Sponsor, and recommended to the Speaker that the legislative proposal be published as a Bill. Subsequently, the committee submitted its comments to the Speaker pursuant to Standing Order No.131(3)(a) of the Senate Standing Orders.

committee considered a brief on the proposed law and resolved to invite the sponsor to deliberate on the matter.

Additionally, the Committee has requested CBK to provide comments on the proposal. The Committee has summoned the Governor to a meeting to a meeting as discussed earlier.

On approval hearings held by the Committee, during this period, the Committee, jointly with the National Assembly Departmental Committee on Finance and National Planning, conducted an approval hearing for the nomination of Mr. Andrew Mukite Musangi to the position of Chairperson of the Central Bank of Kenya, Board of Directors. Both Houses approved the report of the committees.

On status of implementation of projects funded by conditional grant on supplement of construction of county headquarters-

Services, Senate.

Mr. Speaker, Sir, projects funded through conditional grants for the construction of county headquarters in Isiolo, Tharaka Nithi, Nyandarua, Tana River and Lamu have delayed for an inordinately long time as a result of lack of proper financing framework.

The projects have faced challenges such as the disbursement of funds to counties and litigation with contractors. The funds are allocated through the State Department of Public Works and released to the beneficiary counties subject to fulfillment of the condition.

The Committee has held a consultative engagement with the State Department of Public Works, the Council of Governors (CoG), area Senators and the Intergovernmental Relations Technical Committee in order to forge a joint position to determine the best way forward on how to fast track this stalled project to ensure the intended purpose is accomplished.

A consultative meeting with the governors of the beneficiary counties, Intergovernmental Relations Technical Committee, State Department of Public Works, the National Treasury and Senators from the region and the Committee was held on 28th November, 2023.

Mr. Speaker, Sir, surprisingly, all the stakeholders appeared, except the five governors. Only one Hon. Kiarie Badilisha, the Governor for Nyandarua County appeared. The meeting was, therefore, adjourned until a date when the five governors will be available.

On activities of the Committee in the next quarter, the Committee is scheduled to consider the following business-

(Amendment) Bill 2023 (Senate Bill No. 40

of 2023).

supplement for construction of county headquarters.

Implementation Report.

Finally, the Committee appreciates all the stakeholders who were available for consultation and for valuation of the information availed to the Committee. I also thank the Members of the Committee for their dedication and commitment to ensure execution of the committee’s mandate.

I also acknowledge the support accorded to the Committee by the Office of the Speaker and the Clerk in facilitating the Committee to the effective implementation work plan.

Mr. Speaker, Sir, I thank you and I submit.

The Chairperson Standing Committee on Health.

Services, Senate.

Proceed, Chairperson Standing Committee on Education.

Mr. Speaker, Sir, I was responding to the Chairperson of the Transport Committee.

That is very amusing.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 56 (1) (b) to make a Statement relating to the activities of the Standing Committee on Education for the period between 1st July 2023 to 31st October 2023.

Mr. Speaker, Sir, the Standing Committee on Education is well established under Standing Order No.228 (3) of the Senate Standing Orders and is mandated to consider all matters relating to education and training.

During the period under review, the Committee held 34 sittings, during which it considered 18 Statements, one legislative proposal and three Petitions.

During the same period, the Committee also held one consultative workshop with its stakeholders and conducted oversight visits to acquaint itself with the implementation of education legal and policy framework in Turkana County.

Mr. Speaker, Sir, during the period under review three petitions were committed to the Committee for consideration-

Services, Senate. Service, Performance and Delivery Management to respond to issues raised in the Petition.

teachers in Taita Taveta County. The petitioners argued there is unjustified discrimination in payment of hardship allowances in Taita Taveta County and requested the Senate to investigate and find out if the TSC selectively pays hardship allowance to some teachers in Taita Taveta County. They further prayed that the TSC pays hardship allowance to all teachers working in Taita Taveta County without any further discrimination.

Mr. Speaker, Sir, during consideration of the second and third Petitions, the Committee observed that the discrimination in payment of hardship allowance to teachers in marginalized areas has been a major concern over time. There exist discrepancies in designation of hardship areas and payment of hardship allowances to different cadres in the public service. To this end, the Committee resolved that there is need to review the criterion used in determining and classifying hardship areas to ensure fairness, equity and adherence to labour laws.

During the period under review, the Committee invited the Cabinet Secretary, Ministry of Public Service, Performance and Delivery Management to a meeting of the Committee to deliberate on these issues. However, the Cabinet Secretary was unable to attend the meeting due to other exigencies of work.

The Committee further conducted an oversight visit during the Senate Mashinani in Turkana County and acquainted itself with the implementation status of education legal and policy framework in the county. During the visit, the Committee observed that there are numerous challenges in the implementation of the Sector Policy for learners and trainees with disability and resolved to hold a consultative forum with all the relevant stakeholders to deliberate on ways to address these challenges.

Mr. Speaker, Sir, pursuant to Standing Order No.131(1) of the Senate Standing Orders, the Committee conducted a pre-publication scrutiny on one legislative proposal, the Early Childhood Education (Amendment) Bill, 2023, and thereafter prepared a report with a recommendation that the Bill be published.

Mr. Speaker, Sir, in conclusion, I wish to thank your office and the Office of the Clerk of the Senate for the continuous support accorded to the Committee in executing its mandate. Lastly, I also wish to thank the Members of the Committee for their dedication and contributions during Committee activities.

I thank you and submit.

Thank you, Hon. Sen. Tobiko. Hon. Chairpersons, the statements you are making are made pursuant to Part 12 of our Standing Orders. If you look at Standing Order No.51 (2) , these Statements are supposed to be made in under 10 minutes. I have noted today that some of the Chairpersons have talked beyond the stated 10 minutes. I have allowed you to get away with that, but going forward, you should know that these Statements must be made in under 10 minutes. As you prepare these statements, kindly be guided accordingly.

Next Order.

Services, Senate.

Clerk, kindly, call the next Order.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 6-

Lapse of approval.

Services, Senate.

completed.

shall be sufficient authority for the

Controller of Budget to authorize withdrawal of funds from the Equalisation Fund for the amounts specified in Column D of the Schedule for each county specified in the first column of the schedule, where the projects are implemented for a period beyond one financial year. (Question of the New Clause 7 proposed)

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting the schedule and substituting therefor the following new schedule- Appropriations out of the Equalisation Fund in Financial Year 2023/2024

326,022,000 Sub-class total 326,022,000 Development Expenditure

Services, Senate.

SAIMO/SOI 6,694,843

Constituency Total 55,989,593 BARINGO SOUTH

Constituency Total 376,817,106 BOMET

Constituency Total 20,214,189 BUNGOMA

Constituency Total 61,835,853 BUSIA

Services, Senate.

BUDALANGI

Constituency Total 6,281,620 TESO NORTH ANG'URAI SOUTH

Constituency Total 12,632,814 ELGEYO MARAKWET

Constituency Total 5,847,315 MARAKWET EAST EMBOBUT/EMBULOT

Constituency Total 56,607,319 MARAKWET WEST

Constituency Total 6,045,493 GARISSA

Services, Senate.

Constituency Total 104,507,441 HOMA BAY

Constituency Total 77,821,887 SUBA NORTH

Constituency Total 19,243,326 SUBA SOUTH GWASSI NORTH

Constituency Total 34,626,391 ISIOLO

Services, Senate.

Constituency Total 105,068,243 ISIOLO SOUTH

Constituency Total 69,728,199 KAJIADO

Constituency Total 151,315,474 KAJIADO SOUTH ENTONET/LENKISIM

Constituency Total 66,421,362 KAJIADO WEST EWUASO OONKIDONG’I

Constituency Total 218,592,798 KERICHO

Constituency Total 6,994,219 KIPKELION WEST

Constituency Total 6,718,034 SIGOWET/SOIN

Constituency Total 50,335,186 KILIFI

Services, Senate.

Kilifi County for development expenses (provision of basic services including water, roads, health facilities and electricity) GANZE BAMBA 90,777,267 GANZE 28,298,389 JARIBUNI 35,290,499 SOKOKE 48,662,265

Constituency Total 113,803,902 KILIFI NORTH

Constituency Total 14,581,919 KISUMU

Constituency Total 12,552,699 KITUI

Services, Senate.

services including water, roads, health facilities and electricity)

Constituency Total 139,689,364 KITUI SOUTH

Constituency Total 97,000,910 MWINGI CENTRAL

Constituency Total 61,717,790 MWINGI NORTH

Constituency Total 119,734,493 KWALE

Constituency Total 171,592,911 LUNGA LUNGA

Services, Senate.

Constituency Total 13,326,438 LAIKIPIA

Constituency Total 117,821,229 LAIKIPIA WEST

Constituency Total 7,684,681 LAMU

Constituency Total 26,988,093 LAMU WEST

Constituency Total 33,621,796 MACHAKOS

Constituency Total 13,595,244 MANDERA

Services, Senate.

basic services including water, roads, health facilities and electricity) BANISSA 18,579,218 DERKHALE 18,879,648 GUBA 17,816,020 KILIWEHIRI 19,449,937 MALKAMARI 27,335,959

Constituency Total 98,076,132 MANDERA EAST

Constituency Total 197,371,906 MANDERA NORTH

Constituency Total 150,034,694 MANDERA SOUTH ELWAK NORTH

Constituency Total 146,963,984 MANDERA WEST

Constituency Total 98,071,916 MARSABIT

Services, Senate.

basic services including water, roads, health facilities and electricity) LAISAMIS

Constituency Total 113,806,010 NORTH HORR

Constituency Total 29,414,723 MERU

Constituency Total 12,634,922 SOUTH IMENTI ABOGETA EAST

Constituency Total 6,399,684 TIGANIA EAST

Constituency Total 12,448,339 MIGORI

Services, Senate.

Constituency Total 115,314,484 SUNA WEST

Constituency Total 13,789,206 MURANG'A

Constituency Total 5,974,866 NAKURU

Constituency Total 6,769,687 NANDI

Constituency Total 109,773,924 NAROK

Services, Senate.

Constituency Total 226,438,762 NAROK EAST

Constituency Total 95,955,203 NAROK NORTH

Constituency Total 159,484,005 NAROK SOUTH

Constituency Total 179,985,974 NAROK WEST

Constituency Total 126,429,337 SAMBURU

Services, Senate.

Constituency Total 199,582,437 SAMBURU NORTH ANGATA NANYOKIE

Constituency Total 322,415,048 SAMBURU WEST

Constituency Total 161,466,842 SIAYA

Constituency Total 7,467,528 TAITA TAVETA

Constituency Total 7,362,114 TANA RIVER

Services, Senate.

CHEWELE 32,016,340 HIRIMANI 28,631,497 MADOGO 47,532,227 SALA 27,432,940

Constituency Total 170,141,361 THARAKA NITHI

Constituency Total 34,358,640 TRANS NZOIA

Constituency Total 7,867,047 TURKANA

Services, Senate.

TURKWEL 75,453,234

Constituency Total 136,259,192 TURKANA EAST KAPEDO/NAPEITOM

Constituency Total 123,375,493 TURKANA NORTH KAALENG/KAIKOR

Constituency Total 333,858,792 TURKANA SOUTH

Constituency Total 119,843,070 TURKANA WEST

Constituency Total 269,847,194 WAJIR

Services, Senate.

TARBAJ ELBEN 33,203,302 SARMAN 26,493,701 TARBAJ 34,562,089 WARGADUD 33,485,812

Constituency Total 127,744,903 WAJIR EAST

Constituency Total 57,201,854 WAJIR NORTH

Constituency Total 156,986,747 WAJIR SOUTH

Constituency Total 217,182,359 WAJIR WEST ADEMASAJIDE

Constituency Total 106,773,842 WEST POKOT

Services, Senate.

SUAM 47,183,307

Constituency Total 282,065,731 POKOT SOUTH

Constituency Total 271,009,910 Sub-class total 10,541,378,000 Total Equalisation Fund 10,867,400,000

Services, Senate. Clause 1

Madam Temporary Chairperson, I beg to move – THAT Clause 1 of the Bill be amended by inserting the expression “

(No. 2)

” immediately after the words “Equalisation Fund Appropriation”.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Hon. Members, we will report progress on the Bill.

I call upon the Mover.

Madam Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of the Equalization Fund Appropriation Bill (Senate Bills No.30 of 2023) and seeks leave to sit again tomorrow.

Division will be at the end. Hon. Members, we will report progress on the Bill. I call upon the Mover.

The Temporary Chairperson, Committee of the Whole, please, report progress.

The Temporary Chairperson, Committee of the Whole, please, report progress.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Equalization Fund Appropriation Bill (Senate Bills No. 30 of 2023) and seeks leave to sit again tomorrow.

Thank you. Let us have the Mover of the Equalization Fund Appropriation Bill (Senate Bills No.3 of 2023)

Thank you, Mr. Deputy Speaker, Sir. I beg to move that the House do agree with the Committee on the said Report.

Who is seconding the Bill?

Mr. Deputy Speaker, Sir, I beg to be seconded by Sen. Lemaletian.

Services, Senate.

Services, Senate.

Hon. Senators, I want to reorganize our business this afternoon. I therefore defer Orders No. 9, 10,11,12,13 and 14. We proceed to the next order.

Services, Senate.

Hon. Senators, from my record, I can see the Minority Leader has a balance of 51 minutes. However, from my observations, he is not in the Chamber. I open the Floor for Senators to continue contributing.

Sen. Mumma, you may have the Floor.

Services, Senate. as associations. They are registered by mortals and already regulated. So, I found it extremely sad to hear comments like “we are looking for God to regulate these institutions”.

The difference between a cult and a religious organisation is not something that may be distinguished easily. The only way you can prohibit cults and other terrorist-like organisations is to have regulations and requirements about those who claim to be running a religious organisation.

Religion has once been said to be the opium of the people. It tends to be the opium of the very poor. It is the poor who are manipulated to do what they can to get out of poverty. The exploitation of the poor in Kenya through religion is extremely high. It is something we should not shy from speaking about.

This is the country people are selling their properties and giving them to the church leadership and remaining poor because there is a hope that, they will get rich at some point. We are watching as this happens.

We are so terrified to criticize religious leaders in this country. This is because as politicians, we want to rely on their psychological mobilization of their supporters to give us votes. However, we have reached that stage where we must call a spade a spade.

Religious organizations and religion is now starting to be the new frontier for the abuse of human rights. When you hear that a priest has sexually molested boys or girls, we do not cover that story for long. Politicians will not talk about it because they fear that they will lose votes if they criticize the religious leaders doing these things.

I urge that, as a nation, we take this issue seriously and do what we have to do. I urge the country to consider following what Rwanda has done to ensure that religious organisations are actually vetted properly and regulated to ensure that they do not do what has been happening.

Mr. Deputy Speaker, Sir, another challenge is in the way we operate. As a Senate, we allowed an inquiry to happen on this issue while simultaneously, the Executive is also investigating it. I know there is a clash. We have even heard some Members castigate or call to order the Cabinet Secretary for Interior and National Administration for not allowing certain people to give evidence. Even as we proceed with this Report, we need to recognise the provisions of Article 50 of the Constitution, in terms of the right to fair hearing.

I urge that we must find that fine balance between what we do as a House and what is happening out there. This is so that the rules of justice will not exonerate a criminal because we had parallel and conflicting methods of doing this enquiry.

I wish that we all put our mind to this and find a way in which Parliament can do its job in terms of inquiries by Committees. However, we should also let the Executive take responsibility for its primary role in investigating criminal matters. This is to ensure that both teams are able to focus on ensuring justice, particularly, for those who are victims of the crimes that we are talking about.

A number of issues and comments have been made on the Floor. I wish that we carefully consider the report and contribute to ensure that those perpetrators will be properly brought to book.

Services, Senate.

Mr. Deputy Speaker, Sir, if somebody ends up running away from this matter because of procedural issues, it will be the sad day for this country. I urge all our Members to put their heads together and give confidence to the country, that as leaders, we have all been saddened by the Shakahola happenings. As leaders, we will do what it takes to ensure that all who are responsible for what happened are brought to book.

Beyond that, we will also deal with many others who are exploited and murdered in different ways in the name of religion and those who are abusing religion. This is because I am a Christian and my reading of the Bible cannot justify what has happened in Shakahola. I am very confident that right-thinking religious leaders will condemn this issue and will want the country to come up with a regime over regulation that will ensure such a thing is not repeated again.

Mr. Deputy Speaker, Sir, with high levels of poverty, we need to be careful and be the conscious of this nation. I, therefore, wish to commend Sen. Mungatana and his team. In the circumstances, they have delivered what they could. I ask the House to support this effort and any further effort because they completed their work considering there was a timeline. There was still other business they were not able to carry out.

As a House, we need to be seen by every citizen supporting our own initiative by trying to enquire this issue and giving confidence to the families that were affected, and that this House takes this seriously and will not be among those that will try to undermine any effort to curb future happenings of this nature.

I thank you, Mr. Deputy Speaker, Sir.

Services, Senate.

Mr. Deputy Speaker, Sir, if somebody ends up running away from this matter because of procedural issues, it will be the sad day for this country. I urge all our Members to put their heads together and give confidence to the country, that as leaders, we have all been saddened by the Shakahola happenings. As leaders, we will do what it takes to ensure that all who are responsible for what happened are brought to book.

Beyond that, we will also deal with many others who are exploited and murdered in different ways in the name of religion and those who are abusing religion. This is because I am a Christian and my reading of the Bible cannot justify what has happened in Shakahola. I am very confident that right-thinking religious leaders will condemn this issue and will want the country to come up with a regime over regulation that will ensure such a thing is not repeated again.

Mr. Deputy Speaker, Sir, with high levels of poverty, we need to be careful and be the conscious of this nation. I, therefore, wish to commend Sen. Mungatana and his team. In the circumstances, they have delivered what they could. I ask the House to support this effort and any further effort because they completed their work considering there was a timeline. There was still other business they were not able to carry out.

As a House, we need to be seen by every citizen supporting our own initiative by trying to enquire this issue and giving confidence to the families that were affected, and that this House takes this seriously and will not be among those that will try to undermine any effort to curb future happenings of this nature.

I thank you, Mr. Deputy Speaker, Sir.

Thank you, Sen. Mumma. The next in line is Sen. Cherarkey.

Services, Senate. and thoughts are with them. I urge the Independent Policing Oversight Authority (IPOA) and the KDF to move with speed and ensure that these young people get justice. We also want to see the injured being taken care off.

Madam Temporary Speaker, this replicates similarity with what happened in Shakahola, where people take advantage of individuals and take away their lives. We know that there is a right to life under our Constitution and it should not be snuffed out by anyone. The Chief of Defence Forces, Gen. Ogolla, must put necessary mechanisms for reparation and those individuals must be court-marshalled and charged with allegations of murder. Compensation must be given to the families. We want the alleged officers who participated to be taken to court and charged with murder.

Finally, Madam Temporary Speaker, the issue of land there is almost getting resolved. I do not know why there were many issues.

Services, Senate. and thoughts are with them. I urge the Independent Policing Oversight Authority (IPOA) and the KDF to move with speed and ensure that these young people get justice. We also want to see the injured being taken care off.

Madam Temporary Speaker, this replicates similarity with what happened in Shakahola, where people take advantage of individuals and take away their lives. We know that there is a right to life under our Constitution and it should not be snuffed out by anyone. The Chief of Defence Forces, Gen. Ogolla, must put necessary mechanisms for reparation and those individuals must be court-marshalled and charged with allegations of murder. Compensation must be given to the families. We want the alleged officers who participated to be taken to court and charged with murder.

Finally, Madam Temporary Speaker, the issue of land there is almost getting resolved. I do not know why there were many issues.

Sen. Cherarkey, you have been indulged for a short while and you know the debate is Shakahola. You are stretching it too long. Please, move to Shakahola now.

Madam Temporary Speaker, it is because there are some similarities where lives have been taken.

True but the focus is on Shakahola. You know what I mean.

Services, Senate. walking scot-free because a scene was interfered with, and we do not have proper forensics.

There is the issue of processing certificates. At the moment, the Government is looking for money anywhere and everywhere because of the unfortunate and downturn economic times we are in. I agree that we need to give enough resources to the DCI for them to have modern equipment and generate police clearance certificates. That is what we are doing with the Government Printer. That can generate good money.

Madam Temporary Speaker, the processing capacity is 20,000 per day, yet we are processing 4,500 per day. If we give it a maximum, the same money will go back to sustaining the DCI and assisting the Government with revenue. I am in agreement on those three aspects and observations. I remember in the last Session, we passed the National Coroners Service Act. We summoned the Attorney General of Kenya then, Hon. Kihara, and he could not tell us why they have not operationalized the National Coroners Service Act.

Madam Temporary Speaker, bodies cannot be processed from Shakahola and released to the families because this Act has not given a proper way of processing. Those bodies are many. When you go to the Kenyatta National Hospital (KNH) and the City Mortuary, there are many unclaimed bodies. Had they operationalized the law, it would have assisted in clearing some of that backlog and we could have given the coroners an office. There would be no unclaimed bodies. It is un-African to say a body is unclaimed. It is not good according to us.

I tend to imagine the Justice, Legal Affairs and Human Rights Committee (JLAC) where you, Madam Temporary Speaker, sits as a Member will be given power to follow up on this implementation. I hope you will invite the Attorney General. I do not want to say ‘summon’, it is a strong word, but invite him to tell us why the National Coroners Service Act, which we passed here in 2017, is not operational. Many people are blaming Dr. Johansen Oduor or other individuals, yet we have not given them the necessary system to ensure that they do their job through National Coroners Service Act.

Madam Temporary Speaker, many other issues that have been raised. I will make my observation on one or two issues before I allow my colleagues. Of course, we are talking about the matching of DNA, including the former members of the Kilifi County Security---

Services, Senate. walking scot-free because a scene was interfered with, and we do not have proper forensics.

There is the issue of processing certificates. At the moment, the Government is looking for money anywhere and everywhere because of the unfortunate and downturn economic times we are in. I agree that we need to give enough resources to the DCI for them to have modern equipment and generate police clearance certificates. That is what we are doing with the Government Printer. That can generate good money.

Madam Temporary Speaker, the processing capacity is 20,000 per day, yet we are processing 4,500 per day. If we give it a maximum, the same money will go back to sustaining the DCI and assisting the Government with revenue. I am in agreement on those three aspects and observations. I remember in the last Session, we passed the National Coroners Service Act. We summoned the Attorney General of Kenya then, Hon. Kihara, and he could not tell us why they have not operationalized the National Coroners Service Act.

Madam Temporary Speaker, bodies cannot be processed from Shakahola and released to the families because this Act has not given a proper way of processing. Those bodies are many. When you go to the Kenyatta National Hospital (KNH) and the City Mortuary, there are many unclaimed bodies. Had they operationalized the law, it would have assisted in clearing some of that backlog and we could have given the coroners an office. There would be no unclaimed bodies. It is un-African to say a body is unclaimed. It is not good according to us.

I tend to imagine the Justice, Legal Affairs and Human Rights Committee (JLAC) where you, Madam Temporary Speaker, sits as a Member will be given power to follow up on this implementation. I hope you will invite the Attorney General. I do not want to say ‘summon’, it is a strong word, but invite him to tell us why the National Coroners Service Act, which we passed here in 2017, is not operational. Many people are blaming Dr. Johansen Oduor or other individuals, yet we have not given them the necessary system to ensure that they do their job through National Coroners Service Act.

Madam Temporary Speaker, many other issues that have been raised. I will make my observation on one or two issues before I allow my colleagues. Of course, we are talking about the matching of DNA, including the former members of the Kilifi County Security---

What is your point of information, Sen. Tabitha Mutinda? Sen. Cherarkey, there is a point of information. Do you want to be informed?

Services, Senate.

That is why some of us have always insisted on including the Governor in the county security team. We have had push and pull, moved to court and argued. If Governors were part of this county security team, maybe some of these things would not be happening. Wananchi would be more comfortable telling the Governor something than telling a police officer or a National Intelligence Service (NIS) individual. So, we need to rethink the county security structure. Why do we not ensure governors become part of the county security team?

Therefore, in all this respect, if there are people who are culpable or those who ignored--- My heart of empathy and sympathy goes to many families who because of this misguidance lost their loved ones. It is more traumatizing that some of the families are yet to trace their loved ones.

There is a song by Shasha Marley, that “I shall preach the gospel of Jah across all the nations and kingdoms.” We agree they should preach that gospel, but there should be some decency. They must be within the law. People should do what their Constitution allows. You should know that where your rights end, another person's rights begin. If you have the right to worship, you should worship within the law that has been provided. You should respect the right to life and many others.

I agree with the Committee on the recommendation of reintegration of survivors. I found it odd and weird that the police were arresting some of the survivors that were being found in the forest, especially from Shakahola. How do you arrest people who have been brainwashed and distorted minds? I agree with the Committee that they must be reintegrated into society. There must be support systems even through counselling.

In the last Session, we were pushing to have mental health treatment because the issues of mental illness in this country are becoming a reality. You never know other people out there because of stress, Post Trauma Distress (PSD) due to accidents or giving birth, and many other stresses that can lead to mental disorders and become a disease.

There is a country where they have appointed a minister of happiness and goodness. I do not know, with the stress that is in the country, you never know, we might end up needing a minister for happiness and goodness, so that they can make sure that people laugh and enjoy themselves, lakini si kupiga sherehe. We agree that we need to fight extremism, but we must integrate religious leaders, be it the Muslims, Christians or others. Let them be part of this so that we prevent extreme ideologies.

The bottom line that we are trying to make is self-regulation. However, we agree on monitoring and observation to avoid extreme ideologies. We know the effects of extreme ideologies, especially where it has reached cases of terrorism or that are terror- related in the world.

We urge the Ministry of Interior and National Coordination, Ministry of Foreign Affairs and Ministry of National Defence, and others, even the Government, to work closely with religious leaders and the organizations that are there and do self-regulation.

What I hate to see is where we want to regulate religious organizations. It means that before a Sheikh or Pastor preaches, a Government officer must go and look at their presentations. From where I sit or stand, is to put in place the necessary mechanisms on how we can tame the issue of extreme ideology. We can see where it has brought the country.

Services, Senate.

The issue of terrorism is not unique to a tribe, religion or clan. It has shown that it affects all races, all tribes, and all nationalities. Therefore, there is a misnomer in the world that when people come from certain clans, tribes or regions, their affinity to terror- related issues is very high. No! It has been proven that it does not depend on age. I know we had a debate in the morning on classifying Senators as young, old, new or old. It does not care about religion or social status.

There was a case, I do not want to mention, of a religious group in this country, where a whole advocate had to sell all the property and give it to the religious leader, which is very unethical. I have seen cases where people give birth to a child and attend a church function with a two-week-old baby. I think you are suspecting the religious leader I am talking about, where you are told that your husband or your wife is the real devil, and you end up breaking down marriages and families.

Those are issues that we want to get rid of. Let us get the real teachings of religion, be it Christianity, Islam or others. Kenya is a multi-religious society. We have the Hindus, traditionalists as some of us, Christians, Muslims like my brother, Sen. Chute, and a number of us who are atheists. We have the Atheists Forum of Kenya. They were objecting even us being sworn by the Bible, and many others.

I want to quote you, Madam Temporary Speaker, on the statement you made by Karl Marx that “religion is the opium of the masses.” It is true. These are religious leaders saying, “if you bring 500 or coins to my church, I will not touch it.” Are we allowing religion to go rogue?

I do not want to go to what had been ruled about in the morning. I disagree with this Committee’s proposal to provide for regulation of religious organizations. It will water down the entire Report. That is why I have quoted Article Eight of the Constitution, 2010 that there is no state religion. Government has no business regulating religious organizations in this country.

On this one, I totally disagree. Let the church and religious organizations self- regulate themselves. Secondly, criminal laws are there. I am a lawyer and I am admitted to the Roll of the Advocates. If, today, we violate that Law Society of Kenya (LSK)--- Sen. Mungatana is also a lawyer. When you offend the law, you are not charged because of being a lawyer. You are taken through the criminal procedure.

Let the necessary agencies weed out the criminals who are using religion as a shield against and misleading the people. It is as simple as that. If we start regulating the church, we are violating Article Eight of the Constitution. We are infringing on the right to freedom of worship. If we were to do that, it would mean that every individual will ensure--- This recommendation is setting us against religious organizations, which some of us would not be interested to be part of. Let us strengthen the criminal justice system. If you are a pastor and you commit an offence, face the full wrath of the law. We do not need to come and regulate people to force them to believe in their faith. Faith is your personal relationship with your God.

I end at that. With that reasoning of regulating religious organizations, I oppose this Report.

Services, Senate.

The issue of terrorism is not unique to a tribe, religion or clan. It has shown that it affects all races, all tribes, and all nationalities. Therefore, there is a misnomer in the world that when people come from certain clans, tribes or regions, their affinity to terror- related issues is very high. No! It has been proven that it does not depend on age. I know we had a debate in the morning on classifying Senators as young, old, new or old. It does not care about religion or social status.

There was a case, I do not want to mention, of a religious group in this country, where a whole advocate had to sell all the property and give it to the religious leader, which is very unethical. I have seen cases where people give birth to a child and attend a church function with a two-week-old baby. I think you are suspecting the religious leader I am talking about, where you are told that your husband or your wife is the real devil, and you end up breaking down marriages and families.

Those are issues that we want to get rid of. Let us get the real teachings of religion, be it Christianity, Islam or others. Kenya is a multi-religious society. We have the Hindus, traditionalists as some of us, Christians, Muslims like my brother, Sen. Chute, and a number of us who are atheists. We have the Atheists Forum of Kenya. They were objecting even us being sworn by the Bible, and many others.

I want to quote you, Madam Temporary Speaker, on the statement you made by Karl Marx that “religion is the opium of the masses.” It is true. These are religious leaders saying, “if you bring 500 or coins to my church, I will not touch it.” Are we allowing religion to go rogue?

I do not want to go to what had been ruled about in the morning. I disagree with this Committee’s proposal to provide for regulation of religious organizations. It will water down the entire Report. That is why I have quoted Article Eight of the Constitution, 2010 that there is no state religion. Government has no business regulating religious organizations in this country.

On this one, I totally disagree. Let the church and religious organizations self- regulate themselves. Secondly, criminal laws are there. I am a lawyer and I am admitted to the Roll of the Advocates. If, today, we violate that Law Society of Kenya (LSK)--- Sen. Mungatana is also a lawyer. When you offend the law, you are not charged because of being a lawyer. You are taken through the criminal procedure.

Let the necessary agencies weed out the criminals who are using religion as a shield against and misleading the people. It is as simple as that. If we start regulating the church, we are violating Article Eight of the Constitution. We are infringing on the right to freedom of worship. If we were to do that, it would mean that every individual will ensure--- This recommendation is setting us against religious organizations, which some of us would not be interested to be part of. Let us strengthen the criminal justice system. If you are a pastor and you commit an offence, face the full wrath of the law. We do not need to come and regulate people to force them to believe in their faith. Faith is your personal relationship with your God.

I end at that. With that reasoning of regulating religious organizations, I oppose this Report.

Services, Senate.

Services, Senate.

Services, Senate.

In this country and the world at large, the most difficult situation somebody can be in is using religion. Somebody will tell you that if you go to heaven, you will get beautiful wives, wine and so on. That person is brainwashed until you find somebody saying ‘because I am going to heaven tomorrow, I will have beautiful women, wine and nice food, let me kill people.’ These are people who are calling themselves religious.

If you see people in the first row in the mosque or church, you find a poor person sitting at the gate of that church. These people coming out of the mosque or church, and a man is begging for a few coins, they will just pass by. However, a drunkard can sit next to that beggar and start asking him what his problem is. That drunkard could be having only Kshs50, but he will share with that poor person, yet the religious one just passed.

Madam Temporary Speaker, people are using religion to steal and cheat. If somebody comes there having a problem with the husband, you will find a Sheikh saying ‘leave him, I will marry you.’ I have seen such cases. They will open a religious book and say ‘this part says if this man gives you problems, stay with him there without doing anything, but then after three months, you are free to go.’ That is what is happening.

It is time for this Government to act not only against the Shakahola one, but also against those people who preach in churches, telling people I am going to heal you. They bring their brokers from outside there and tell them: “You know, if I ask who has a problem, come and say I am sick and I want you to be healed.” This is predetermined. Then that person comes there limping like he is very sick. I do not know what they do, but you find that person falls down. I do not know what magic they use. Then somebody stands behind holding that person. After a few minutes of shaking, that person says: “I am okay, I am healed”. That is using religion in a very bad way.

Madam Temporary Speaker, I am a Muslim, but I do not support fundamentalism. You can see youth today in Lamu are being used. They are not people from Somalia; they are our local children being used. These people are using religion. These children are told our religion says if you kill somebody today who is not a Muslim, you will go to heaven. The people using these children - the young boys and girls - are people who call themselves Sheikhs and Imams, Bishops and Pastors.

You have seen what has happened in Britain. There are Catholics against Protestants. Catholics go to churches and after church they parade on the streets that they are Catholics, this is their colour, this is their band. They are fighting the rest.

Then protestants also have their own. If you look at where they are born, they are people who are learned. They are British who colonized almost everybody in this country and then they go back and start using religion to kill each other.

Sen. Cherarkey said earlier that there is no lab in this country. He is very wrong because there is a modern lab in the Directorate of Criminal Investigations (DCI) that was recently launched. If he is not aware, he needs to talk to the person in charge at the DCI, hopefully, he will be told.

Finally, out of the recommendations the Committee has given, the most important one and that should be adhered to is the repeat of these kinds of death. Forget about 429, the issue of even one person dying because somebody used religion or brainwashed them that they will go to heaven, do not eat or drink, leave your husband or wife; come and

Services, Senate. stay with us, must stop. These kinds of things should not occur again in this modern Kenya today.

Madam Temporary Speaker, I thank the Senate for taking that opportunity to have a Committee that can investigate, travel to many places and spend many hours of their time listening to what people are saying and to bring us a report. I support that Report.

Thank you very much.

Services, Senate. stay with us, must stop. These kinds of things should not occur again in this modern Kenya today.

Madam Temporary Speaker, I thank the Senate for taking that opportunity to have a Committee that can investigate, travel to many places and spend many hours of their time listening to what people are saying and to bring us a report. I support that Report.

Thank you very much.

Sen. Tabitha Mutinda, I understand you seconded this Motion. We will now give chances to other Senators.

Proceed, Sen. Crystal Asige.

Services, Senate. great havoc in society as a whole. This unfortunate case has shown us that entire villages have been wiped out, individuals have been isolated to the point of death and societies have been devastated by the shocking turn of events.

The potent power of religion can be seen throughout history when we remember cult leaders such as Charles Manson. It is unfortunate that we still have not fully understood how these dangerous leaders take advantage of people looking for belonging and purpose, using their vulnerabilities for sinister motives. What is even sadder is that this was happening right under our noses for years and maybe even decades and nobody noticed. Now, 429 people are gone, vanished and there might be more. As a country, we need to learn from this and change our focus because religious extremism affects everyone.

Madam Temporary Speaker, it is also high time that the Communications Authority of Kenya (CAK) took the bull by the horns, by connecting with social media platforms like YouTube, Twitter, Meta platforms and others, to regulate content that potentially has cult-like characteristics; or that distribute content that might result in harm to our people, be it mental or physical.

Let the Ministry of Information, Communications and The Digital Economy be proactive and put a stop to it before more harm occurs. Have we even began to wrap our heads around the destruction that can be caused when Artificial Intelligence (AI) lands in the wrong hands within Kenya? Are we ready for recruitment, indoctrination and crime that can occur? Our people deserve protection from potentially damaging influencers and taking action now is essential.

Recommendation No.10 requires that CAK, engage YouTube, Facebook and other social media networks and sites that have content associated with Paul Mackenzie and his teachings. This is with a view to permanently deleting these contents and removing the accounts and I support.

My plea to the Committee is to not only remove any cult-like religious content, but also to take charge of how such content is shared in the future if it has already been downloaded. It is a plea to safeguard our community from potential harmful influencers to act now and prevent the spread of such content by nipping it at the bud because as we all know, as soon as something lands on the internet, it will never die. It will always exist in some way, shape or form. My question to the Committee is, how are we then going to regulate that which has already been downloaded?

I applaud the recommendation in Paragraph No.510 of the Report. That CAK should create a licensing category for religious broadcasting stations and develop guidelines for the approval and monitoring of religious content within 90 days of the adoption of the Report.

Further, I recommend that these guidelines give criteria on the immediate removal or suspension of licenses once extremist content has been flagged.

As I conclude my submission, I would have liked to see the segregated data as well, on the victims of these crimes. What is the ratio of men to women, those in rural areas to those in urban areas, young people to elderly people, the socio-economic variance and so on? Although it will not be perfect, this data would have helped to build

Services, Senate. the patterns around extremism and who is most susceptible, so that as a country we can learn from this and strategize.

Madam Temporary Speaker, finally, I urge the Chairperson of the Committee to give direction on what action should be taken with regards to the mental health and socio protection of those who participated in these executions of innocent people named as ‘goons’ in the report who are scared to death of retaliation, if they come forward.

They are stuck between a rock and a hard place, I would argue. It might not be all, but they might be individuals who were and still are being intimidated, strong-armed and being brainwashed into performing these crimes or hiding them from the police.

It must not be lost on us that the victims are caught on both sides of the bloody events. What is their recourse? It would have been good to hear more of that in the Report and perhaps we will in the days going forward.

Madam Temporary Speaker, it is unfathomable what has happened to Kenyan families and how easy it is to mix poverty with religion, loneliness and taking advantage of people’s vulnerabilities and turning all of that into a crime so unthinkable that it has made Kenya’s history books.

Services, Senate. the patterns around extremism and who is most susceptible, so that as a country we can learn from this and strategize.

Madam Temporary Speaker, finally, I urge the Chairperson of the Committee to give direction on what action should be taken with regards to the mental health and socio protection of those who participated in these executions of innocent people named as ‘goons’ in the report who are scared to death of retaliation, if they come forward.

They are stuck between a rock and a hard place, I would argue. It might not be all, but they might be individuals who were and still are being intimidated, strong-armed and being brainwashed into performing these crimes or hiding them from the police.

It must not be lost on us that the victims are caught on both sides of the bloody events. What is their recourse? It would have been good to hear more of that in the Report and perhaps we will in the days going forward.

Madam Temporary Speaker, it is unfathomable what has happened to Kenyan families and how easy it is to mix poverty with religion, loneliness and taking advantage of people’s vulnerabilities and turning all of that into a crime so unthinkable that it has made Kenya’s history books.

Sen. Miraj, please proceed.

Services, Senate. Shakahola tumepoteza Wakenya zaidi ya 800. Hebu ongeza idadi ya maafa yale mengine ya ugaidi hapo nyuma, ambayo yamekuwa yakiangaziwa kwa mda.

Bi Spika wa Muda, ugaidi ama itikadi kali sio wa dini ya Kiislamu pekee. Dini yoyote na mhubiri yeyote anaweza kuamua kufundisha watu mambo ambayo hayapo katika vitabu vyetu vitakatifu.

Ningependa kuipongeza pia Kamati kwa Ripoti hii kwa sababu wamekuja na mambo ambayo yananipa moyo kama mzazi katika hili taifa. Wamesema, ipo haja ya sisi kama wazazi kufuatilia ni mafunzo gani ambayo watoto wetu wanafundishwa na hawa wahubiri tunapowapeleka kufunzwa mafunzo ya kidini.

Hata mimi nimeleta Mswada hapa wa Child Parent, yaani mtoto ambaye amepata mtoto akiwa bado ni mtoto, aweze kurudi shule kwa sababu haya yote, kwa mtazamo na fikra yangu, tunayapitia kwa sababu watoto wetu na sisi wenyewe hatuna elimu ya kutosha ya kujisomea vitabu vitakatifu. Watu walioangamia pale wangekua wamepata elimu ya kutosha, hata tu ya msingi, hawangepotoshwa hadi kufikia kuangamia.

Hali zetu za umaskini pia zimechangia pakubwa katika Wakenya wamepoteza maisha yao vile walivyopoteza. Walipewa fikira ya kwamba, watakapokuwa pale, watakutana na Yesu mapema. Hio inaleta uvivu ya kwamba, heri niende na Yesu na mimi niende peponi.

Ingekua ni mtu anapata mlo mara tatu kwa siku na elimu ya kutosha ya kuweza kujisomea kitabu kitakatifu, hawa Wakenya wenzangu hawangeangamia kule.

Bi. Spika wa Muda, ningependa kusema ya kwamba wale tunaowapa mamlaka ya kufundisha ama kuwa wahubiri katika madhebahu yetu, wawe ni watu waliyopitia mfumo fulani na kupewa kibali cha kupeana mahubiri hayo.

Japo tuko na uhuru wa kujihusisha na dini tunayoipenda na tunayoitaka, tumeona madhara makubwa sana ya kuachilia hii idara ya dini yetu kuwa huru. Tumeona hata watu wengine wamefungua biashara ya kuwauzia watu kitu kama maji kwa pesa, na wamejitajirisha wao wenyewe na kuletea Wakenya wengine madhara.

Hivyo basi, naipongeza kamati hii nikisema ya kwamba, sheria ni msumeno. Lile linalo fanyiwa dini moja, basi lifanyiwe dini zote. Kosa ni kosa na hakuna kuhesabiwa haki kwa kosa. Ikiwa kuna mtu ameangamiza Wakenya, hatua ichukuliwe kama ilivyochukuliwa kwa wale wengine waliyotangulia dhidi ya makosa yayo hayo.

Asante.

Services, Senate. Shakahola tumepoteza Wakenya zaidi ya 800. Hebu ongeza idadi ya maafa yale mengine ya ugaidi hapo nyuma, ambayo yamekuwa yakiangaziwa kwa mda.

Bi Spika wa Muda, ugaidi ama itikadi kali sio wa dini ya Kiislamu pekee. Dini yoyote na mhubiri yeyote anaweza kuamua kufundisha watu mambo ambayo hayapo katika vitabu vyetu vitakatifu.

Ningependa kuipongeza pia Kamati kwa Ripoti hii kwa sababu wamekuja na mambo ambayo yananipa moyo kama mzazi katika hili taifa. Wamesema, ipo haja ya sisi kama wazazi kufuatilia ni mafunzo gani ambayo watoto wetu wanafundishwa na hawa wahubiri tunapowapeleka kufunzwa mafunzo ya kidini.

Hata mimi nimeleta Mswada hapa wa Child Parent, yaani mtoto ambaye amepata mtoto akiwa bado ni mtoto, aweze kurudi shule kwa sababu haya yote, kwa mtazamo na fikra yangu, tunayapitia kwa sababu watoto wetu na sisi wenyewe hatuna elimu ya kutosha ya kujisomea vitabu vitakatifu. Watu walioangamia pale wangekua wamepata elimu ya kutosha, hata tu ya msingi, hawangepotoshwa hadi kufikia kuangamia.

Hali zetu za umaskini pia zimechangia pakubwa katika Wakenya wamepoteza maisha yao vile walivyopoteza. Walipewa fikira ya kwamba, watakapokuwa pale, watakutana na Yesu mapema. Hio inaleta uvivu ya kwamba, heri niende na Yesu na mimi niende peponi.

Ingekua ni mtu anapata mlo mara tatu kwa siku na elimu ya kutosha ya kuweza kujisomea kitabu kitakatifu, hawa Wakenya wenzangu hawangeangamia kule.

Bi. Spika wa Muda, ningependa kusema ya kwamba wale tunaowapa mamlaka ya kufundisha ama kuwa wahubiri katika madhebahu yetu, wawe ni watu waliyopitia mfumo fulani na kupewa kibali cha kupeana mahubiri hayo.

Japo tuko na uhuru wa kujihusisha na dini tunayoipenda na tunayoitaka, tumeona madhara makubwa sana ya kuachilia hii idara ya dini yetu kuwa huru. Tumeona hata watu wengine wamefungua biashara ya kuwauzia watu kitu kama maji kwa pesa, na wamejitajirisha wao wenyewe na kuletea Wakenya wengine madhara.

Hivyo basi, naipongeza kamati hii nikisema ya kwamba, sheria ni msumeno. Lile linalo fanyiwa dini moja, basi lifanyiwe dini zote. Kosa ni kosa na hakuna kuhesabiwa haki kwa kosa. Ikiwa kuna mtu ameangamiza Wakenya, hatua ichukuliwe kama ilivyochukuliwa kwa wale wengine waliyotangulia dhidi ya makosa yayo hayo.

Asante.

Sen. Abass!

Services, Senate. the sub-location up to the national level. Therefore, there was no way more than 400 people could die without anyone noticing or seeing it. It cannot happen.

There is no way an issue can happen in a place where there are chiefs. Chiefs are people who get first-hand information. The sub chief is someone who is the head of a sub location. There were elders and Nyumba Kumi guys including the Kaya groups. It is actually shocking. How come all these human beings, all these leaders, were blindfolded on this issue?

It should not have happened. It must be something bigger than religion or anything else. Religion has no problem. Christianity and Islam have no problem. The problem is how it is being used. The Bible is there and it is very clear. It is well understood. It talks about humanity. The Quran is there and is also very clear. It also talks about humanity. Killing one person is an abomination and that should haunt everybody. Now when you kill 400 people in the most inhumane way, including starvation and from the report, those who did not die were killed and buried---

It is a very unfortunate situation. Even to date, how the tragedy is taken, seems as if it is something normal that has happened, where 400 people died. Nobody up to now is properly talking about it. No action has so far been taken. It is seen as something that is just normal. I am not seeing anyone apprehended. We are not seeing people including the leadership talk about it. It was only for the first few days we ran around and a few graves were dug and corpses were retrieved and that was the end of everything.

This is a massacre and someone must take responsibility for it. Madam Temporary Speaker, extremism is with us. It is all over. It is there in the Muslim and Christian Communities. It is there in the Atheists and it is everywhere. It has now gone a notch higher where people are being murdered, traded, indoctrinated and given all kinds of drugs. People are being hypnotized and brainwashed as a colleague said. People are told that they will go to see God.

I do not see how someone will see God when they kill someone. There is no way. You cannot be blessed by God because you are a murderer. Another thing that I have noted is poverty. Poverty is playing a big role in this country. People are poor. I do not know where these guys are also getting the money from. The Government must also interrogate where these people are getting money from.

We saw people who were employed in good institutions leaving their jobs. You see a whole household with eight or five people perishing. So, this is something we must study. Some people must go and study what happened.

It is not in this Report. There must be bigger issues. It must be involving senior people. People must have used a lot of money because that is the only thing that can silence any criminal act. It is not only religion. When you use a lot of money, you can silence the inhumane acts that someone commits.

We need to go back to the same place and study it properly. We need to fight all these kinds of extremism. The other day I said, let us register organisations that deal with churches or the religious guys. However, people were shouting no, this is against--- No! It is not against anybody. We are not against any religion. If this kind of act can take place, these people must be registered so that we can see what actions are taking place in those institutions, churches, and mosques.

Services, Senate.

We must control these kinds of actions where people are dying, kids are being buried, and others are leaving school. I am not even impressed up to now. I have not seen one single action. The Report has given very good recommendations. However, I do not know whether it will see the light of day. It may go to the shelves. This is a challenge that this House must take further action. These people must be brought to book.

There are people who are now in remand and people keep saying that they should be released. How can you release someone who has killed 400 people? When few people are killed by useless guys called Al Shabaab by bombing, the whole world cries. The whole world takes interest in it. I am however wondering why 400 people have been killed and nobody is taking interest in it.

I would therefore support the recommendation of registration of all religious organisations. All institutions that claim that they engage in religious activities should be vetted. This is because they might come under the guise of religion, but most of them are devil worshippers. Nobody else can do this kind of business.

The Committee should recommend further action. What action are we going to take? I have read in the Report that few police officers should be prosecuted. We must go in-depth on the matter.

With those few remarks, I beg to support.

Services, Senate.

We must control these kinds of actions where people are dying, kids are being buried, and others are leaving school. I am not even impressed up to now. I have not seen one single action. The Report has given very good recommendations. However, I do not know whether it will see the light of day. It may go to the shelves. This is a challenge that this House must take further action. These people must be brought to book.

There are people who are now in remand and people keep saying that they should be released. How can you release someone who has killed 400 people? When few people are killed by useless guys called Al Shabaab by bombing, the whole world cries. The whole world takes interest in it. I am however wondering why 400 people have been killed and nobody is taking interest in it.

I would therefore support the recommendation of registration of all religious organisations. All institutions that claim that they engage in religious activities should be vetted. This is because they might come under the guise of religion, but most of them are devil worshippers. Nobody else can do this kind of business.

The Committee should recommend further action. What action are we going to take? I have read in the Report that few police officers should be prosecuted. We must go in-depth on the matter.

With those few remarks, I beg to support.

There are no more requests. I call upon the Mover to reply.

Madam Temporary Speaker, I take this opportunity to thank all the Senators who have made their contributions and given their thoughts to this Report.

I start by acknowledging Sen. Tabitha Mutinda who seconded this Motion. I thank Sen. (Dr) Khalwale, Sen. Faki, Sen. Cheruiyot and Sen. Wambua.

Madam Temporary Speaker, I thank Sen. Gloria Orwoba, Sen. Madzayo Stewart, Sen. Catherine Mumma who is on the Chair, Sen. Cherarkey, Sen. Mohammed Chute, Sen. Crystal Asige, Sen. Miraj Abdalla and Sen. Abass. I thank all of them for their profound thoughts.

I undertake to ensure that the Bill we have attached will see the light of day. We shall bring the Bill to this House. This debate is not going to end here. I thank all the Senators for their contributions.

With those few remarks, I beg to reply. I thank you.

Services, Senate.

(The Senate Majority Leader (Sen. Cheruiyot) walked into the Chamber) Senate Majority Leader, kindly approach the Chair.

Madam Temporary Speaker, I beg to move- THAT, the Senate adopts the Report of the Second Ordinary Session of the 6th Pan-African Parliament (PAP) held in Midrand South Africa from 15th May to 2nd June, 2023 laid on the Table of the Senate on Tuesday, 1st August, 2023.

Madam Temporary Speaker, the PAP was set up with a grand vision of making sure Africa speaks with one voice. The founders of Pan-Africanism; Kwame Nkurumah and the likes of the great African leaders of the days that were gone like Julius Nyerere came up with a vision that Africa needs to speak with one voice, they set up the group of Heads of States who were only speaking on the arm of the executive.

Madam Temporary Speaker, it became apparent that the Executive alone cannot be the voice of the people. The PAP and the Constitutive Act was then set up within the African Union (AU) set up, so that there is both the Executive and Parliament. This PAP was supposed to reflect the voice of the people.

During the 6th Ordinary Session of the PAP that was held in Midrand, South Africa, many things were debated and agreed upon by the hon. Members from 52 African countries, who are Members of the PAP. What did we agree on? We discussed issues to do with agriculture and climate change and what should be the response of Africa when it comes to climate change issues?

In fact, we had none other than the Head of State of Kenya who addressed that 6th Ordinary Session. He addressed it to a great ovation from all the Members of Parliament (MPs) who came to Midrand in South Africa. President Ruto suggested that Africa is not going to be a beggar anymore as we have the resources. What needs to be agreed on is what those big polluters must pay in terms of the carbon credit, so that Africa can put on the table that we have this and you have that. We exchange and we get value for what our resources can give.

I take this opportunity to thank His Excellency the President. When we went to see him to seek his time to come and address us at the opening of that 6th Ordinary

Services, Senate. Session, it was with a lot of difficulty because of the schedule that he had. However, he agreed to set aside time.

Consequently, that was the beginning of setting aside President William Ruto, as one of the speakers for Africa. All of us in that room stood up and said that for the first time, we have a President who is speaking for Africa. We acknowledged what he did for us. We are grateful for the work that he did when he came to Midrand, South Africa.

Madam Temporary Speaker, we dealt with issues to do with harmful practises against our women and children. We all agreed that things like Female Genital Mutilation (FGM) should be a thing of the past and passed relevant Motions and resolutions.

Madam Temporary Speaker, we spoke against trafficking of children with albinism. Great resolutions were passed during this sixth session. I urge every Member who will stand to speak to this report to support it because great things are happening. There was a reawakening of Pan-Africanism. Everybody was speaking well of what Africa can do when we come together in various sectors, including agriculture, energy and in our water resources.

The Congo River, which passes through a large section of Africa, is capable of producing most of energy requirements in Africa. However, it has not been exploited properly. We need to come together so that we can exploit these resources and bring renaissance for Africa. We spoke about the need to have a new platform for trading Kenya, Uganda, Tanzanian shillings, South African Rand and all other trading currencies in Africa. We spend so much money.

We debated and agreed that there was a need for us to create an African platform. Kenya was given this lead to try and create a platform where we do not have to take our money in order to just buy things from Uganda. Instead of having to purchase dollars, we give them money to purchase the dollar so that we can use those dollars to buy the commodities from Uganda or South Africa.

We are promoting currencies that are outside Africa to the detriment of our own people. There was one bank owner who told us in Committee that he owns a bank that has branches across Tanzania and Burundi. He told us it is a walking distance, but because this is another country, if he wants to transfer an equivalent of US$3 million, it has to go all the way to New York. He has to pay some money then they keep the money for three days then they transfer it to the other branch. It is his own bank, but he cannot just transfer money to his bank because it is on the other side of the boarder.

Africa really needs to do something. We are spending billions of Dollars paying these people and making them richer because we do not have a proper trading platform. Amongst many things that we discussed, appreciated and made resolutions on were to do with how we shall carry out trade.

Madam Temporary Speaker, the intra-Africa trade is so little. The amount of trade combined from Morocco all the way to South Africa is so little as compared to the trade we do with other countries. Angola’s trade is structured in a way that it is easier for them to import things all the way from their former colonial masters than just get it from next-door; South Africa.

Madam Temporary Speaker, a lot was discussed. Committees were set up to look at these things. For this reason, I commend this report to Senators to adopt it. Kenya has

Services, Senate. earned its space as one of the countries that is in front, in terms of what we can do for this continent to move forward.

I want to give credit to my colleagues. Although I had the Pan-African team, which was elected by both the National Assembly and Senate; I want to commend the work Sen. (Prof.) Kamar has done in her Committee. She has made herself a knowledgeable person to be looked and relied upon.

Hon. Majimbo Kalasinga, Hon. Esther Passaris, Mheshimiwa Mukami and Kenyans in the plenary, were there. I was leading the onslaught. Everybody got to know that although we went late because our elections were held later than the others; we occupied our space and people respect our nation. We flew our flag high and it was doubled when the President came to address the session.

So, I commend this report. I encourage the support that we have been given by the Senate. The only thing I wanted to mention here is that the Senate needs to organize itself. This is because we were supposed to go for a week for committee sittings. Sen. (Prof.) Kamar and myself did not go, but the other three Members of the National Assembly went. We cannot understand how this happened. Maybe, we need some explanation because we were told the Senate does not have money. How can the Senate not have money to represent us yet the others have and we are talking about the same Parliament?

This is not something that we should encourage. We should manage our affairs in such a way that we do not lose our space. Some of us have been given responsible positions in those Committees. We are relied upon. I am in the Committee on Finance.

If the Chairman is not there, they always call upon me to chair those sessions. So, it was very sad that I could not go. We even offered to pay for ourselves, but we were told that we would not be refunded. This should not happen. We think this is bad management of these affairs. This is because we are losing something when we do not appear or are not present. I hope the Senate administration is listening to me where they are.

We need to arrange ourselves better so that we are not absent. Kenya needs to occupy itself. It cannot be that small countries like Equatorial Guinea are able to go and make their presence be felt yet Kenya - the country that is regarded as a powerhouse - is not there. This is just a shame and it should not happen.

Aside from that, I commend this report and I beg to move. I ask the Hon. Sen. Cheruiyot to second.

I thank you.

Services, Senate. earned its space as one of the countries that is in front, in terms of what we can do for this continent to move forward.

I want to give credit to my colleagues. Although I had the Pan-African team, which was elected by both the National Assembly and Senate; I want to commend the work Sen. (Prof.) Kamar has done in her Committee. She has made herself a knowledgeable person to be looked and relied upon.

Hon. Majimbo Kalasinga, Hon. Esther Passaris, Mheshimiwa Mukami and Kenyans in the plenary, were there. I was leading the onslaught. Everybody got to know that although we went late because our elections were held later than the others; we occupied our space and people respect our nation. We flew our flag high and it was doubled when the President came to address the session.

So, I commend this report. I encourage the support that we have been given by the Senate. The only thing I wanted to mention here is that the Senate needs to organize itself. This is because we were supposed to go for a week for committee sittings. Sen. (Prof.) Kamar and myself did not go, but the other three Members of the National Assembly went. We cannot understand how this happened. Maybe, we need some explanation because we were told the Senate does not have money. How can the Senate not have money to represent us yet the others have and we are talking about the same Parliament?

This is not something that we should encourage. We should manage our affairs in such a way that we do not lose our space. Some of us have been given responsible positions in those Committees. We are relied upon. I am in the Committee on Finance.

If the Chairman is not there, they always call upon me to chair those sessions. So, it was very sad that I could not go. We even offered to pay for ourselves, but we were told that we would not be refunded. This should not happen. We think this is bad management of these affairs. This is because we are losing something when we do not appear or are not present. I hope the Senate administration is listening to me where they are.

We need to arrange ourselves better so that we are not absent. Kenya needs to occupy itself. It cannot be that small countries like Equatorial Guinea are able to go and make their presence be felt yet Kenya - the country that is regarded as a powerhouse - is not there. This is just a shame and it should not happen.

Aside from that, I commend this report and I beg to move. I ask the Hon. Sen. Cheruiyot to second.

I thank you.

Proceed, Sen. Cheruiyot.

Services, Senate. Parliament of similar nature, though larger in size, albeit representing a much smaller population of about 450 million people.

This one represents over a billion people with 250 memberships. The EU Parliament has around 705 or something closer. I was drawing the parallels as I listened to the Speaker engage with our President on the things that the EU Parliament can do, what issues they have a vote on and which they do not. You all know about this conversation.

I kept on reminiscing and thinking of PAP. When this Parliament was set up and it is even captured in this report, it was the dream of our founders, that we have a Parliament that will help us speak with one voice as a people of Africa and confront the issues that face us and the challenges that bedevil this continent. That we shall be able to reason together, as the Bible advises us in moments of challenge, to chart out policies that will uplift our people from raw abject poverty into nations of great progress. Unfortunately, that dream is still deferred.

I want to appreciate the work that has been done by our colleagues who have gone there over the years.

I see this urge that is even captured in the spirit of this report to try and push the plenary session of the African Union (AU) to give additional, statutory and legislative powers to this particular institution. Until such a time that we agree even on one simple issue---

The unfortunate thing is that you will struggle to find a single policy item across the African continent which is a great tragedy. If it is transportation, what holds in one region does not hold in another. All these imaginary divisions between the francophones, the anglophones, the southern Africans and the East Africans.

There is a vacancy for the Chairperson of the African Union. We sincerely wish that in the next extraordinary session of the African Union, the people who come out to convince us, as African nations, to vote for them to take chairmanship and lead this institution to believe in Pan-Africanism. They should challenge all 52 African states to sign protocols to trade policies.

The first resolution and way forward in this report is calling upon parliaments that still need to ratify the African continent free trade area agreement to raise awareness. I celebrate this first instrument. If we were to sign on and agree to the trade policies enshrined in the multilateral agreements signed at the African Union in 2020 when the African Continental Free Trade Area (ACFTA) came into practice, then we would have something to celebrate.

Traveling across Africa the way it is today should be relatively inexpensive. Also, it should be relatively inexpensive to communicate in Africa. Calling people in far-flung parts of this world is cheaper, but reaching our neighbors within the same continent becomes expensive.

Our President believes in the call and vision of Pan-Africanism. Early last year, part of the first thing this administration did because we are Pan-African at heart was flagging a tea consignment to Ghana under the ACFTA agreement. We want to strengthen trade between African countries. However, this tea left Kenyatta International

Services, Senate. Convention Centre (KICC) in October and got to Accra, Ghana, three months later, in January, 2023.

However, because of the barriers and boundaries, many goods we buy from fellow African countries are not value-added within the continent. People take tea from Kenya, blend it in Dubai, and ship it back to West Africa. Jobs have been created in other parts of the world. The greater value of that commodity is gained in those parts of the world where this happens.

Secretary-General Wamkele Keabetswe Mene has tried to convince our presidents each time there is a meeting of the African Union to make trade and movement of goods manufactured in Africa seamless. This is because of the challenges Africans go through in the border posts. This is also part of the ACFTA protocols. These are challenges I see this report trying to address.

Unfortunately, my good friend Sen. Mungatana, it is until you guys at the Pan African Parliament are given the full legislative mandate of what a continental parliament should be. When you sit in South Africa and make those legislations, they apply to all the Member states. Then we can celebrate and say that we have a Pan-African Parliament.

It is my hope and prayer that during our time and season in leadership, we shall make this dream a reality so that our future generations do not have to live with the curse of these colonial boundaries that continue to entangle and make Africans strangers to each other.

I must celebrate the decision made by this administration to make it possible for all Africans to visit Africa without being asked for visas. It is embarrassing to ask for visas from fellow Africans to visit their own country. I am happy Kenya joined the other four countries, Benin, Seychelles and Rwanda who have done it ahead of us. This is why their tourism numbers are prospering. We need to do this before the end of this year, the way the President told me, so that other Africans can visit. Also, the rest of the continent can catch up with this policy. We should remove this business of asking for visas from fellow Africans.

Sen. Mungatana, you have your work cut out. As I know you are beaming with pride and have all good intentions, we must work hard to ensure we give the PAP the full legislative mandate to legislate on basic common issues like trade that cut across the African people. The single currency for Africa is complicated and we can think about it later. However, certain things are administrative that no country loses when we integrate and become better.

I wish I had raised these statistics. I attended one of the ministerial engagements here in Kenya when we hosted the extraordinary session of the Ministers of Trade across Africa. It was in August of this year. The statistics were laid out in the open for us. If Africa was to trade amongst itself, we could grow our trade volumes by over 50 per cent. If we were to trade amongst ourselves without the unnecessary barriers, we put on each other. Businesses would grow unilaterally.

I appreciate the work this team is doing and hope you will carry on with this dream and vision. Speak to our heads of state when they have their gathering in Addis for AU every February until they appreciate the need for us to strengthen the PAP to be in line with the dream of our founding fathers.

Services, Senate.

When this happens, Africa will celebrate and be liberated. Sen. Mungatana, together with the team, this is a good job. Lead from the Parliament of Kenya and your colleagues in Midrand. Work for the people of Kenya. This good report provides insights to all of us who wish Africa to prosper.

With those many remarks, I beg to second.

Services, Senate.

When this happens, Africa will celebrate and be liberated. Sen. Mungatana, together with the team, this is a good job. Lead from the Parliament of Kenya and your colleagues in Midrand. Work for the people of Kenya. This good report provides insights to all of us who wish Africa to prosper.

With those many remarks, I beg to second.

Sen. Chute, proceed.

Services, Senate.

I know our Senate Majority leader is here today and he is listening. Even if it will take us to have a Kamukunji to discuss this matter, we need to do so as soon as possible. If we are strong, PAP will be even stronger. The reason we have the PAP, is so that it adopts the same thing that we are discussing here as one unit.

When we were in Zambia with President Ruto, he talked about Pan Africanism. He talked about currency and asked a very simple question, “why do we make our payments in United States Dollars (USD)? Why are we not paying in Tanzanian or Kenyan Shilling, the Ethiopian Birr or the African currency called the Pan African money? The people there were so happy and they supported it. This is what we must try and do.

Madam Temporary Speaker, the first time I went to Dubai was in the 1990s. At that time, one US Dollar was 3.65 Dirhams. Even today, it is still equivalent to 3.65 Dirhams. When I first went to Dubai, the exchange rate for the Kenyan shilling was Kshs38 to the US Dollar.

What the United Arab Emirates (UAE) Government did was to stabilize their currency. Today, if you look at the world market, we have the UAE Dirhams. If you can do business in Dirhams, why not the Pan African currency?

I commend MPs from Kenya. I have watched Sen. Mungatana on many occasions talking and representing us with a lot of qualification and experience. Leaders in this Senate should help and facilitate them. They must not travel from their pockets but from Government resources.

This is public not Government resources. It is us, the people of Kenya, who are paying. We are not representing ourselves in this Senate, but Kenyans. We are here to represent them to the best of our ability. If we do not have money to travel and food to eat, how can you expect Sen. Mungatana to represent us at the PAP in absentia? If he is not there, he cannot represent us.

Having said that, Senate Majority Leader, please, take note of what Sen. Mungatana has said.

I support.

There is no other request, so, I call upon the Mover to reply.

I support.

There is no other request, so, I call upon the Mover to reply.

Services, Senate.

Services, Senate.

Pursuant to Standing Order No.84 (1) , I wish to make the determination that the matter does not affect counties and put the question.

Next Order.

Sen. Cheruiyot.

Services, Senate.

Someone was joking earlier today that with the many court orders that have come out of the courts this week, it will not be long before a judge in Kenya issues an order barring the sun from rising in the east and setting in the west, never minding how that can be implemented. Therefore, when the Ministry of Agriculture, Livestock and Fisheries ran into headwinds with the regulations they were trying to pursue at that time, they then appeared before our colleagues in the National Assembly when that House was considering that Bill. They dumped many of the regulations they were trying to pass.

We had an egg and chicken situation. If we killed the Bill because of those regulations that I, as a Mover of the Bill had fundamental issues with some of them, then we ran the risk of losing the entire Bill and all the work we had done. So, the binding wisdom of the House was that we pass the Bill and then at a future time, we will have an opportunity to amend and clean it. Therefore, the Bill was passed and assented to by the President and the Tea Board of Kenya was set up and they were supposed to follow through all those regulations.

Madam Temporary Speaker, immediately thereafter, many aggrieved stakeholders went to court and various sections of the Act were expunged. The Kenya Tea Development Agency (KTDA), which is a large stakeholder, went to court because of certain sections of the law. There was the East African Tea Trade Association (EATTA) because of the levies we had introduced for them. There was the Kenya Tea Growers Association (KTGA) which is an association comprised of multinationals that run the tea business in the country. They were not appreciative of the levies we had proposed and one or two other things. There were also individual factories.

This Bill as it is now is an attempt to clean up that law and look into those provisions that we did not agree with at that time. Sen. Wakili Sigei, the drafter of this Bill has attempted to do a clean-up of certain issues. If you read Clause One of the Bill, there is the definition of export and import because this was something that brought many challenges. The Bill is made of a lot of “delete this” “read this instead of the other”. This is because of that clean-up and the history I have just given and the reason this Bill is drafted in this nature.

Madam Temporary Speaker, Clause Four speaks about persons being appointed under Clause 1(a), (g) and (f) and they shall serve for a term of three years. These will be the directors in many public-owned factories, otherwise known as KTDA factories. We will attempt to do a proper clean-up of these because KTDA is a managing agent. There could be in future, other managing agents that would emerge and compete with KTDA. I hold the view that this will be the time. If there a factory that is managed by KTDA on this side of the valley, let another one be managed across the valley by another managing agent, so that farmers can compare on the practices of management in the two factories.

Without competition, it is impossible to achieve some of these visions and dreams we have about for our farmers. That is part of what is being spoken about. Clause Five is about the definition of what the factory is and their duties are. Clause Six of the Bill is an amendment to Section 31, which says that all the tea being brought to the Special Economic Zone Enterprise or an Export Processing Zone shall be declared to the Board in the prescribed format.

Services, Senate.

Madam Temporary Speaker, many factories are regarded as export processing zones. There is a declaration they will need to make of what percentage of the tea they will be retaining for local sale and the percentage they will be exporting. This is part of the clean-up. Section Nine was fairly controversial because it was about the Kenyan tea and the ban of direct sales that we had at that time. The argument was meant to protect the auction and because of the auction in Mombasa, tea farmers have continued to get value out of their crop because of the competition that exists amongst buyers.

However, it was getting to a point where multinationals and certain private factories were signing private treaties and selling off the tea without taking it to the auction. That compromised the price the tea farmers were getting. There have been arguments by economists both ways but at that time, we were inclined to have the law as was previously, where direct sales were allowed. As an entity receiving tea from the public, you were meant to sell your tea at a higher price than the average of the last three months of the auction. We therefore, wanted to make that window open but we did not do it at that time because of the history I had given earlier.

Madam Temporary Chairperson, this is now an attempt to do it through this Bill. That is why Section 34(a) is being amended to provide that the trade of tea shall be either by auction or direct sales. In Clause (2) of that, it provides that all tea produced, processed and manufactured in Kenya for the export market shall be registered with the Board prior to exportation. You give a declaration so that we control. There are many things we want to do, some of which are not captured in this Bill.

The Committee has recommended to the House certain amendments when we go to the Committee of the Whole. As a keen follower of this process, I am determined. For example, at that time, we made a demand to all processors of tea from 2020, that 40 percent of all the tea produced in the country must be value added.

The story of tea is extremely sad. If you go to a supermarket down the street in London and pick the packet, the tea that is inside that particular packet, there is not a single thing that has been added from what was processed at Nyansiongo Tea Factory where Sen. Omogeni comes from. However, the value that the farmers that sold tea leaves to Nyansiongo Tea Factory, that tea gets at best is 45 percent to 50 percent. The other 50 percent is on the value added, and what is the value added? It is just a package and the brand; calling it Twinnings, Liptons, Kenyan-made Tea, Black English Breakfast Tea.

I asked somebody, what is this thing they call English breakfast tea? It is a brand that has been marketed and sold across the world. If you go anywhere, they ask you: “Which tea do you want, Chinese or English Breakfast Tea?”

I have told the President, times without number, that before the end of this term, we must sell and be intentional about it, Kenyan black tea, until it sticks in the mind of everybody across the world; that if you go anywhere and act daft, see people as they sell and say, please, give me Kenyan black tea.

So, part of that provision that we made in that law, is that in eight years, all processors and manufacturers need to value-add at least 40 percent of that tea. I will be proposing and requesting my colleagues that we bring down that period to five years. Eight years is such a long time. In five years, from 2020, even though many of the

Services, Senate. processors went to court and that provision remains up to now, we need to do a clean-up so that we will count five years from 2020 when this Bill became an Act of Parliament up to 2025, for them to begin to value-add so that our farmers get value for their money.

The rest, of course, are issues that other players and industry stakeholders brought before the Committee. I believe the Committee will guide us on how to conclude. Therefore, that is a brief history of this particular Bill. I want to urge our colleagues to support it so that we can move on and grow the industry of tea.

I celebrate the work of this House because as we speak presently, we are considering laws on mung beans. There is a Cotton Bill, Sugar Bill, Coffee Bill, and there is now the Tea Bill. If we can conclude on all these and give our farmers the proper legislative framework to anchor them and set them on the road to prosperity, then the Senate will have played its rightful role.

With those very many remarks, I beg to move and request Sen. Thang’wa, a representative of tea farmers as well, to Second this Bill.

I thank you.

Services, Senate. processors went to court and that provision remains up to now, we need to do a clean-up so that we will count five years from 2020 when this Bill became an Act of Parliament up to 2025, for them to begin to value-add so that our farmers get value for their money.

The rest, of course, are issues that other players and industry stakeholders brought before the Committee. I believe the Committee will guide us on how to conclude. Therefore, that is a brief history of this particular Bill. I want to urge our colleagues to support it so that we can move on and grow the industry of tea.

I celebrate the work of this House because as we speak presently, we are considering laws on mung beans. There is a Cotton Bill, Sugar Bill, Coffee Bill, and there is now the Tea Bill. If we can conclude on all these and give our farmers the proper legislative framework to anchor them and set them on the road to prosperity, then the Senate will have played its rightful role.

With those very many remarks, I beg to move and request Sen. Thang’wa, a representative of tea farmers as well, to Second this Bill.

I thank you.

Sen. Thang’wa, please, proceed.

Services, Senate.

Today, at this Senate, we drink water when we are debating. As you can see, it is put on the table. Every Senator would walk in and take a small bottle of water. Who said we cannot have bottled tea to promote our farmers? Who says anyone out there cannot have bottled tea? I know those who have never seen this would think this is a weird idea. However, in China and in our supermarkets today, we have bottled tea. We are encouraging this kind of value addition so that factories and farmers can be creative and come up with products that are marketable.

In this Government, we are building special economic zones and Export Processing Zones (EPZs). Clause Six of this Bill talks about how this kind of tea will also be put in such special EPZs and shall be declared to the board in the prescribed form. These EPZs will give the farmers some storage facilities and an area whereby people will be getting this kind of tea when it is aggregated.

I know we are almost out of time. However, Clause 10(2) states- “A tea factory intending to participate in a tea auction shall-

of work.

Part 36 (b) says- “(1) The proceeds from the sale of tea whether through an auction or through a direct sale shall be deposited in a Direct Settlement System.”

That means the Bill says that this amount of money will be paid to the farmers five days after the sale of the tea. So, the farmers will no longer be waiting for payment. You will be having your money within a week after you sell your tea. This is the law and it shall be followed.

Since the tea was introduced in this country, our grandfathers used to have permanent houses. However, after things changed, they are now dilapidated, and are going backwards instead of forward. I believe this Bill is going to uplift them further. Those who had permanent houses made of stones will have storey houses, employ more people and have more farms. Even those with farms that are not cultivated will be able to grow tea.

I second.

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate therefore stands adjourned until tomorrow Thursday, 30th November, 2023 at 2.30 p.m.

The Senate adjourned at 6.30 p.m.

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate therefore stands adjourned until tomorrow Thursday, 30th November, 2023 at 2.30 p.m.

The Senate adjourned at 6.30 p.m.