Wednesday, 31st May, 2023 Afternoon Sitting

Clerk, do we have quorum?

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

Serjeant-at-Arms, I am informed that we do have quorum now, so, kindly stop the Bell.

Clerk, you may proceed to call the first Order.

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of two members of staff from the County Assembly of Mandera. The officers are in the Senate for a two weeks’ attachment programme in the Directorate of Legislative and Procedural Services.

Hon. Senators, on behalf of the Senate and my own behalf, I extend a warm welcome and wish them a fruitful programme.

Thank you, Mr. Speaker, Sir. I take this opportunity to welcome our team from Mandera County Assembly who are here to learn from Parliament of Kenya, particularly the Senate.

I am sure you will find a lot of valuable time to learn procedures and processes in order to make your processes better as an assembly and within your own jurisdiction.

Karibuni na pongezi kwa kuja hapa. Asante. The Senate Minority Leader (Sen. Madzayo) : Asante, Bw. Spika. Pia mimi naungana na wewe kuwakaribisha wanafunzi wa KUSA, kwa kuja katika Bunge letu la Seneti.

Jambo muhimu ni kuwa, mtajua taratibu tunazoenenda nazo katika Bunge la Seneti. Kanuni za Kudumu ziko na ndizo zinazoongoza Bunge hili.

Bw. Spika, mkiwa hapa hapa mtajifunza mengi. Kuna uhakika ya kwamba wengine wenu wanaweza kuwa Maseneta na mkajikuta hapa. Nina hakika kwamba mnatumia wakati huu kuona viongozi wenu walioko Bunge la Seneti hivi sasa.

Pia nyinyi mko na uwezo na taaluma. Mkiendelea katika maisha yenu, hadi itakapotakikana na wananchi kutoka maeneo yenu muwe Maseneta, mnaweza kujipata mahali hapa.

Kwa hiyo, karibuni sana. Natumahi mtakaporudi mtakuwa mmejua Bunge la Seneti linafanya kazi gani, ni kina nani wako, na taratibu na Kanuni za Kudumu ziko namna gani.

Asanteni.

Clerk, proceed to the next Order.

Asante, Bw. Spika. Pia mimi naungana na wewe kuwakaribisha wanafunzi wa KUSA, kwa kuja katika Bunge letu la Seneti. Jambo muhimu ni kuwa, mtajua taratibu tunazoenenda nazo katika Bunge la Seneti. Kanuni za Kudumu ziko na ndizo zinazoongoza Bunge hili. Bw. Spika, mkiwa hapa hapa mtajifunza mengi. Kuna uhakika ya kwamba wengine wenu wanaweza kuwa Maseneta na mkajikuta hapa. Nina hakika kwamba mnatumia wakati huu kuona viongozi wenu walioko Bunge la Seneti hivi sasa. Pia nyinyi mko na uwezo na taaluma. Mkiendelea katika maisha yenu, hadi itakapotakikana na wananchi kutoka maeneo yenu muwe Maseneta, mnaweza kujipata mahali hapa. Kwa hiyo, karibuni sana. Natumahi mtakaporudi mtakuwa mmejua Bunge la Seneti linafanya kazi gani, ni kina nani wako, na taratibu na Kanuni za Kudumu ziko namna gani. Asanteni.

Clerk, proceed to the next Order.

The Petitioners therefore pray the Senate as follows-

The Petitioners therefore pray the Senate as follows-

Thank you, Mr. Speaker, Sir, for the opportunity to make my comment on this Petition. When I served in the National Assembly in the 12th Parliament, a similar Petition came, but the petitioner was the University Academic Staff Union (UASU) .

The Petition went to the Health Committee. It was exhaustively handled there. Later on, it went to the Implementation Committee, where I served as the Vice- Chairperson. I have quite a lot of information about this.

Mr. Speaker, Sir, this is a very simple matter that the Government can address. The institution, in this case, KUTRRH, was initially funded by the Government. They then got funding from other donors.

However, the Government then decided to set up a parastatal through a legal notice, where they appointed the board and made it look as if it was independent from the University. If you look at the reports done by the National Assembly, it was very clear that the hospital should be taken back to the University.

I am giving this background information, so that the Committee that will look at this can also get an opportunity to look at the reports that were done by the National Assembly to inform the decision that needs to be taken.

Mr. Speaker, Sir, it is important that the hospital reverts to the university as initially envisaged, instead of running independent of the university and appearing to be denying the students the opportunity to use the facilities.

I support the Petition.

Proceed, Sen. (Dr.) Khalwale.

Sen. Osotsi, the problem here is that the parastatal you seem to have grasped well is being run by people who only see the money. They fear that the other arm of the university will partake in that, yet they do not want to share the money.

Mr. Speaker, Sir, as I support, we should protect the patients because those busybodies who are now running that parastatal cum hospital are only seeing the money and not the specialized services they are denying patients.

As a House that protects the public, we should ensure we go for that legal ntice that Sen. Osotsi talked about. We can either repeal it or, as Sen. Sifuna would say, tear it into pieces. Others refer to it as repealing because that is where the problem is. After that, life will be normal.

I strongly support the Petition.

Sen. Osotsi, the problem here is that the parastatal you seem to have grasped well is being run by people who only see the money. They fear that the other arm of the university will partake in that, yet they do not want to share the money.

Mr. Speaker, Sir, as I support, we should protect the patients because those busybodies who are now running that parastatal cum hospital are only seeing the money and not the specialized services they are denying patients.

As a House that protects the public, we should ensure we go for that legal ntice that Sen. Osotsi talked about. We can either repeal it or, as Sen. Sifuna would say, tear it into pieces. Others refer to it as repealing because that is where the problem is. After that, life will be normal.

I strongly support the Petition.

Proceed,

Bw. Spika, kama kuna wakati nchi hii inahitaji usaidizi ni msaada wa madaktari. Wanafunzi wanaosomea udaktari ni wa maana kwa sababu husaidia wagonjwa.

Proceed, Sen. Ali Roba.

There is a time when the nation was exposed to a bad decision, when Hon. Balala, the then Cabinet Secretary for Tourism and Wildlife, said that Kenya Utalii College was not doing well and, therefore, it should be sold. The purpose of establishing such a college was never for profit-making. It was for the purpose of industrial training attachment to produce crème de la crème of professionals in the hotel and tourism sector. If the managers do not understand the purpose, then we are left disadvantaged.

Mr. Speaker, Sir, I rise to support that this institution should be given back to the university, so that we have the best training for our students in the university and the lecturers to benefit.

There is a time when the nation was exposed to a bad decision, when Hon. Balala, the then Cabinet Secretary for Tourism and Wildlife, said that Kenya Utalii College was not doing well and, therefore, it should be sold. The purpose of establishing such a college was never for profit-making. It was for the purpose of industrial training attachment to produce crème de la crème of professionals in the hotel and tourism sector. If the managers do not understand the purpose, then we are left disadvantaged.

Mr. Speaker, Sir, I rise to support that this institution should be given back to the university, so that we have the best training for our students in the university and the lecturers to benefit.

Proceed, Sen. Sifuna.

Mr. Speaker, Sir, sometimes you sit in this House and hear things that make you wonder where commonsense went in this country. I mean, we should just go back to commonsense.

How is it that you can build a hospital next to a university that teaches medicine, when the hospital was intended to help in the advancement of medical studies, then you give a legal notice saying that the hospital cannot be utilized by students of that same university to study the same thing which the hospital was built for? Honestly, as a country, we need to again find commonsense in governance. There are many things you hear and they just do not make any sense.

I would be interested once this Petition is committed to the relevant Committee. I would want to share in that wisdom with the Cabinet Secretary responsible for Health, or whoever is responsible.

From where I sit, and based on the facts that have been read to me, and what Sen. Osotsi has submitted on the Floor, there is absolutely no reason institutions that operate door to door, or in a symbiotic relationship like Sen. (Dr.) Khalwale has said, would not exist.

Mr. Speaker, Sir, there are many examples of things that do not make sense in this country. For this week – Kenya will surprise you – this ranks a distant first after another I heard yesterday about ranking schools on the number of trees planted. However, I do not want to go into it.

I support this Petition. I would be very interested to listen to the rationale because I do not get it from where I sit.

Proceed, Sen. Cheruiyot.

If you have had the opportunity to visit patients at Kenyatta National Hospital (KNH), you know that if you take those infamous lifts mostly in afternoons, you will find people with badges stating they are trainee doctors. They will be in the company of about two or three senior practicing doctors.

That is all that these students from Kenyatta University are asking of us. That their trainee doctors get to practice, train and learn alongside their professional seniors. Unless there is something beyond good reason, as Sen. Sifuna says and I agree with him entirely, save for the fact that he needs civic education on the importance of trees.

During the late President Moi’s days, there used to be the famous topic “Momonyoko wa Udongo”. Sen. Sifuna may have missed that lesson. Sen. M. Kajwang’ is a leader of an important caucus in this House on climate action. The rallying call they are asking us to do is just that.

Mr. Speaker, Sir, back to this particular Petition, we do not need 60 days for such petitions. This is something that you call Hon. Nakhumicha and the good Cabinet Secretary who was here today, Hon. Machogu; and ask them to prepare a Cabinet Memo or legal notice to be taken back to the President. It looks straight at us. All these students are asking for is an opportunity to learn. It needs not to get to this Parliament.

Part of the first Questions we asked the Cabinet Secretaries were what they were doing in office. Do citizens have to petition Parliament for such decisions to be made? It is my sincerest hope that our Committee will quickly dispense of this matter, so that the Kenyatta University students can enjoy what is rightfully theirs.

If you have had the opportunity to visit patients at Kenyatta National Hospital (KNH), you know that if you take those infamous lifts mostly in afternoons, you will find people with badges stating they are trainee doctors. They will be in the company of about two or three senior practicing doctors.

That is all that these students from Kenyatta University are asking of us. That their trainee doctors get to practice, train and learn alongside their professional seniors. Unless there is something beyond good reason, as Sen. Sifuna says and I agree with him entirely, save for the fact that he needs civic education on the importance of trees.

During the late President Moi’s days, there used to be the famous topic “Momonyoko wa Udongo”. Sen. Sifuna may have missed that lesson. Sen. M. Kajwang’ is a leader of an important caucus in this House on climate action. The rallying call they are asking us to do is just that.

Mr. Speaker, Sir, back to this particular Petition, we do not need 60 days for such petitions. This is something that you call Hon. Nakhumicha and the good Cabinet Secretary who was here today, Hon. Machogu; and ask them to prepare a Cabinet Memo or legal notice to be taken back to the President. It looks straight at us. All these students are asking for is an opportunity to learn. It needs not to get to this Parliament.

Part of the first Questions we asked the Cabinet Secretaries were what they were doing in office. Do citizens have to petition Parliament for such decisions to be made? It is my sincerest hope that our Committee will quickly dispense of this matter, so that the Kenyatta University students can enjoy what is rightfully theirs.

Proceed, Sen. Mumma

I wish to ask that the Committee looks into that policy. If it was made by KUTRRH board, it should actually be dissolved, so that we can have a board that understands why the facility was setup. That is a public facility that must deliver as was intended.

Mr. Speaker, Sir, if I am not wrong, KNH may be registered as a parastatal. The MTRH is also registered as a parastatal. The problem may not be that it is registered as a parastatal. Rather, those who are running the facility have got it in their heads that it is theirs. They think they can block away the primary reason it was set up.

I wish to urge that Senate fast track this matter. I understand we do not have funds to deal with activities. However, this is urgent because we have doctors and nurses that need to be taught. I suggest that we find money from wherever for this Committee, so that it can engage, look into these issues and do what is required.

To those in Government, I suggest that you move fast. Sen. Cherarkey loves to pull weight about being in Government. You might want to get an Executive Order done, so that this issue is resolved once and for all.

I support.

I wish to ask that the Committee looks into that policy. If it was made by KUTRRH board, it should actually be dissolved, so that we can have a board that understands why the facility was setup. That is a public facility that must deliver as was intended.

Mr. Speaker, Sir, if I am not wrong, KNH may be registered as a parastatal. The MTRH is also registered as a parastatal. The problem may not be that it is registered as a parastatal. Rather, those who are running the facility have got it in their heads that it is theirs. They think they can block away the primary reason it was set up.

I wish to urge that Senate fast track this matter. I understand we do not have funds to deal with activities. However, this is urgent because we have doctors and nurses that need to be taught. I suggest that we find money from wherever for this Committee, so that it can engage, look into these issues and do what is required.

To those in Government, I suggest that you move fast. Sen. Cherarkey loves to pull weight about being in Government. You might want to get an Executive Order done, so that this issue is resolved once and for all.

I support.

Proceed, Sen. Mandago.

university does not sit in the board of that hospital. How do we have a facility within another and the owners of the facility are not allowed to participate?

As my colleagues have said, there are things that are commonsense, but commonsense is no longer common. We have to be decisive as a House in handling this matter.

Senate being the ‘Upper’ House, has a responsibility of restoring commonsense in this country. This is one matter that we have to take seriously and demonstrate to the nation that we have commonsense, so that these students can get an opportunity to train in a facility commensurate to where other student doctors are being trained in this country.

I support this Petition. The Committee that will look at this Petition should also look at those who were involved in the decision, so that appropriate action is taken to deter others who might in future want to engage in such acts.

university does not sit in the board of that hospital. How do we have a facility within another and the owners of the facility are not allowed to participate?

As my colleagues have said, there are things that are commonsense, but commonsense is no longer common. We have to be decisive as a House in handling this matter.

Senate being the ‘Upper’ House, has a responsibility of restoring commonsense in this country. This is one matter that we have to take seriously and demonstrate to the nation that we have commonsense, so that these students can get an opportunity to train in a facility commensurate to where other student doctors are being trained in this country.

I support this Petition. The Committee that will look at this Petition should also look at those who were involved in the decision, so that appropriate action is taken to deter others who might in future want to engage in such acts.

Thank you, Mr. Speaker, Sir, for the opportunity. I also want to add my voice to those who have spoken on this Petition. It is sad that the matter is taking long when, in my view, it should have been done long time ago. It was already conversed in the National Assembly and it is coming to the Senate more than a year later. It means that there is some laxity somewhere.

I hope Sen. Cheruiyot and Sen. Cherarkey, who is always fast, will instead of increasing prices of things like fuel, take up this matter and deal with it before it takes too long because students are suffering.

In the old days, if you went to King George VI Hospital, it was much better than Nairobi Hospital. Now, people have to go to private hospitals. I hope the university hospitals will take the lead to help us make public hospitals better than private hospitals.

The hospital in Eldoret is taking the lead. Let the hospital in KU serve students and members of the public efficiently.

Hon. Senators, the 30 minutes period meant for interventions is well spent. Therefore, pursuant to Standing Order No.238 (1) , the Petition is hereby committed to the Standing Committee on Health for its consideration.

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

Hon. Senators, before we move to the second Petition. I have this Communication to make.

Thank you, Mr. Speaker, Sir for allowing me an opportunity to welcome the students of Albright to the Senate. On behalf of my colleagues and the entire House, I wish them a fruitful visit of the Senate. You have said that they are members of the journalism club.

We had conversations in my office following a request that came from one of the schools called Huruma Girls to support the journalism clubs in public schools in Nairobi.

Today, we are at a very advanced stage as one of the leading global manufacturers of audiovisual equipment to support drama, communication clubs and arts clubs in many schools in Nairobi. I am sure that if the teachers of Albright were to say the right things, there will be no problem for me to include them in this programme, although it targeted

public schools. I want us to grow the talent in the school. I hope that we can have very serious future journalists, news reporters and all the others from this particular school.

As they might understand, the press and journalism are one of the four pillars of democracy. We need them. We need to see new practitioners in journalism that is an essential core in the protection of our democracy every day because it shines a light on everything that we do, especially as elected leaders here. As we are in this Chamber, you can see that this is the Parliamentary Broadcast Service. Everything we say here is seen by the citizens out there. You can confirm as citizens of Embakasi that the things I am saying here are the things that you have sent me.

I thank them for this visit and wish them a successful visit. I hope that we will be seeing some big names in the media coming from Albright.

I thank you, Mr. Speaker, Sir.

public schools. I want us to grow the talent in the school. I hope that we can have very serious future journalists, news reporters and all the others from this particular school.

As they might understand, the press and journalism are one of the four pillars of democracy. We need them. We need to see new practitioners in journalism that is an essential core in the protection of our democracy every day because it shines a light on everything that we do, especially as elected leaders here. As we are in this Chamber, you can see that this is the Parliamentary Broadcast Service. Everything we say here is seen by the citizens out there. You can confirm as citizens of Embakasi that the things I am saying here are the things that you have sent me.

I thank them for this visit and wish them a successful visit. I hope that we will be seeing some big names in the media coming from Albright.

I thank you, Mr. Speaker, Sir.

The second Petition is by Sen. Mariam Omar.

As a result of illegal demolitions, nearly five hundred families were rendered homeless with children forced to close schools earlier because their schools and their residents had been destroyed;

Some residents also lost their livelihoods since their businesses were demolished. It is also worth noting that one of the residents committed suicide as a result of frustration, trauma and shock created by illegal demolitions;

THAT, after completing a due diligence search at the Survey of Kenya, the homeowners determined that the KPC did not possess the disputed land. Therefore, the demolitions were carried out in bad faith and in violation of the residents’ fundamental right to housing and in contravention of the country’s Vision 2030 of Affordable Housing;

THAT, following demolitions, KPC decoded the area, which was an afterthought and a complete violation of enacted regulations. The disputed plot has since remained vacant with the possibility of being sold to a third party to the prejudice of the demolition victims who have experienced emotional losses torments, worry and disgrace;

The issue presented in this Petition has been raised with relevant bodies, but has not been adequately addressed. None of the issues raised in this Petition is pending before any court of law constitutionally or any other legal body;

Consequently, the Petitioners pray that Senate investigates this matter with a view of ensuring that the victims are resettled and adequately compensated by the KPC.

I thank you, Mr. Speaker, Sir.

As a result of illegal demolitions, nearly five hundred families were rendered homeless with children forced to close schools earlier because their schools and their residents had been destroyed;

Some residents also lost their livelihoods since their businesses were demolished. It is also worth noting that one of the residents committed suicide as a result of frustration, trauma and shock created by illegal demolitions;

THAT, after completing a due diligence search at the Survey of Kenya, the homeowners determined that the KPC did not possess the disputed land. Therefore, the demolitions were carried out in bad faith and in violation of the residents’ fundamental right to housing and in contravention of the country’s Vision 2030 of Affordable Housing;

THAT, following demolitions, KPC decoded the area, which was an afterthought and a complete violation of enacted regulations. The disputed plot has since remained vacant with the possibility of being sold to a third party to the prejudice of the demolition victims who have experienced emotional losses torments, worry and disgrace;

The issue presented in this Petition has been raised with relevant bodies, but has not been adequately addressed. None of the issues raised in this Petition is pending before any court of law constitutionally or any other legal body;

Consequently, the Petitioners pray that Senate investigates this matter with a view of ensuring that the victims are resettled and adequately compensated by the KPC.

I thank you, Mr. Speaker, Sir.

Thank you, very much Mr. Speaker, Sir, for also granting me an opportunity to present the Petition that I have been authorized by a resident and citizen of this country to present on his behalf pursuant to Standing Order No.232 of this Senate.

The Petitioner respectfully states that the Kenya Breweries Limited is one of the oldest publicly listed companies in Kenya having been established in the year 1922;

THAT, there has been a controversial majority acquisition of East African Breweries by Guinness PLC in 2000 which was strongly resisted by the people of the Republic of Kenya through Parliament;

That, despite knowing the dealings of the Capital Markets Authority (CMA) , Kenya Revenue Authority (KRA) , the National Treasury and East African Breweries Limited have since not acted to correct or stop the fraudulent activities of shareholding and the illegal acquisitions;

To that effect, some of the backlash Guinness PLC made applied to cede back most of the acquired shares to Kenyans in due course;

THAT, is complete and total betrayal of these undertakings, the Diageo PLC has now purported to acquire an additional 15 per cent shares in the East African Breweries Limited (EABL);

THAT, the undertaking by Guinness PLC to cede back shares is actionable through a class action;

THAT, the recent acquisition of the extra 15 per cent in EABL is a fraud upon the people of Kenya as the shares are being acquired for an onward transfer to a new buyer at a much higher value for the benefit of the shareholders and to the detriment of Kenyan shareholders who will be denied the benefit of the higher price that would be onward obtained

An onward sale has been agreed with another company and the purpose and purchase of an additional 15 per cent shares is meant to assure the purchaser of a controlling stake in East African Breweries Limited (EABL) after the onward sale.

THAT, the sale of the shares has been prompted by the desire by the fraudulent purchaser to evade huge tax liabilities that has been hiding through massive processes within the system.

THAT, Kenya Breweries Limited (KBL), when it was locally owned, possessed massive real estate in Kenya that comprised staff houses, staff complexes, go downs and warehouses, factories and other assets and had employed over 6,000 Kenyans.

THAT, EABL has corruptly disposed off all its properties and repatriated the sale proceeds and is now but a mere shell of itself, employing a paltry 600 employees.

THAT, having sold off all its properties, the new scheme is to quickly progress the sale and block the benefits that Kenyans ought to have benefited;

THAT, the overall impact of this continued, contrived corporate action is a serious betrayal of the interest of the people of Kenya and a parliamentary hearing is urgently required to interrogate these events and to secure the public interest of Kenya and its people;

THAT, the petitioner has made efforts to have this matter addressed to the relevant authorities, all of which have been unsuccessful and that this matter is confirmed not to be pending before any court of law or any constitutional body;

THEREFORE, your humble petitioners prays, that the Senate investigates with a view to recommending amendments to the Capital Markets Authority (CMA) Act to caution the shareholders from such future manipulations.

Thank you, Mr. Speaker, Sir.

THAT, is complete and total betrayal of these undertakings, the Diageo PLC has now purported to acquire an additional 15 per cent shares in the East African Breweries Limited (EABL);

THAT, the undertaking by Guinness PLC to cede back shares is actionable through a class action;

THAT, the recent acquisition of the extra 15 per cent in EABL is a fraud upon the people of Kenya as the shares are being acquired for an onward transfer to a new buyer at a much higher value for the benefit of the shareholders and to the detriment of Kenyan shareholders who will be denied the benefit of the higher price that would be onward obtained

An onward sale has been agreed with another company and the purpose and purchase of an additional 15 per cent shares is meant to assure the purchaser of a controlling stake in East African Breweries Limited (EABL) after the onward sale.

THAT, the sale of the shares has been prompted by the desire by the fraudulent purchaser to evade huge tax liabilities that has been hiding through massive processes within the system.

THAT, Kenya Breweries Limited (KBL), when it was locally owned, possessed massive real estate in Kenya that comprised staff houses, staff complexes, go downs and warehouses, factories and other assets and had employed over 6,000 Kenyans.

THAT, EABL has corruptly disposed off all its properties and repatriated the sale proceeds and is now but a mere shell of itself, employing a paltry 600 employees.

THAT, having sold off all its properties, the new scheme is to quickly progress the sale and block the benefits that Kenyans ought to have benefited;

THAT, the overall impact of this continued, contrived corporate action is a serious betrayal of the interest of the people of Kenya and a parliamentary hearing is urgently required to interrogate these events and to secure the public interest of Kenya and its people;

THAT, the petitioner has made efforts to have this matter addressed to the relevant authorities, all of which have been unsuccessful and that this matter is confirmed not to be pending before any court of law or any constitutional body;

THEREFORE, your humble petitioners prays, that the Senate investigates with a view to recommending amendments to the Capital Markets Authority (CMA) Act to caution the shareholders from such future manipulations.

Thank you, Mr. Speaker, Sir.

Hon. Senators, pursuant to Standing Orders No.237, I shall now allow comments, observations or clarifications on the two Petitions for not more than 30 minutes.

Proceed, Sen. Cherarkey.

I remember the case of the residents of Ruai who were evicted during the COVID-19 lockdown. Therefore, I continue to insist that we have a new form of evictees. We used to hear about forest and political evictees. We now have a new crop of evictees called infrastructural evictees, especially in our cities and towns, where an entity wakes up in the morning and demolishes kiosks and people houses. Therefore, I think somebody must be held accountable for the loss of houses by the great people of Mihango. If they violated the law, then, it is unfortunate for the people of Mihango in Embakasi East, Nairobi City.

Finally, it has reached a point where, we, as a Parliament, must come up with proper legislative interventions to guide demolitions, be it of kiosks or houses, for either expansion of road reserves or compulsory acquisitions. We must have a structural legal framework.

Mr. Speaker, Sir, what happens nowadays is that someone rushes to court, obtains a court order, talk to the OCS or OCPD, they facilitate some young men and the police, and then you are evicted without following the proper recourse of the law.

Mr. Speaker, Sir, I commend Sen. Mariam Omar for bringing this Petition before the House. I have heard one of your Members of the Speakers Panel alluding on the Floor of the House that there is no money. I do not know whether it is within her purview to know whether the Senate has no money or not, but that is a story for another day.

Mr. Speaker, Sir, Mihango is a walking distance. We used to see Sen. Sifuna last month rushing across the streets of Nairobi like a bullet. He can be able to lead us to Mihango because he has been rehearsing by running here and there.

My friend, “the senior youth,” Sen. (Dr.) Oburu, acknowledged that there is a Government in place, and I hope that Sen. Sifuna is borrowing such Solomonic wisdom from Sen. (Dr.) Oburu, who is a very senior citizen in this Republic.

With those very many remarks, I support this Petition. I hope we will have a policy and legislative intervention as an outcome.

Thank you, Mr. Speaker, Sir.

I remember the case of the residents of Ruai who were evicted during the COVID-19 lockdown. Therefore, I continue to insist that we have a new form of evictees. We used to hear about forest and political evictees. We now have a new crop of evictees called infrastructural evictees, especially in our cities and towns, where an entity wakes up in the morning and demolishes kiosks and people houses. Therefore, I think somebody must be held accountable for the loss of houses by the great people of Mihango. If they violated the law, then, it is unfortunate for the people of Mihango in Embakasi East, Nairobi City.

Finally, it has reached a point where, we, as a Parliament, must come up with proper legislative interventions to guide demolitions, be it of kiosks or houses, for either expansion of road reserves or compulsory acquisitions. We must have a structural legal framework.

Mr. Speaker, Sir, what happens nowadays is that someone rushes to court, obtains a court order, talk to the OCS or OCPD, they facilitate some young men and the police, and then you are evicted without following the proper recourse of the law.

Mr. Speaker, Sir, I commend Sen. Mariam Omar for bringing this Petition before the House. I have heard one of your Members of the Speakers Panel alluding on the Floor of the House that there is no money. I do not know whether it is within her purview to know whether the Senate has no money or not, but that is a story for another day.

Mr. Speaker, Sir, Mihango is a walking distance. We used to see Sen. Sifuna last month rushing across the streets of Nairobi like a bullet. He can be able to lead us to Mihango because he has been rehearsing by running here and there.

My friend, “the senior youth,” Sen. (Dr.) Oburu, acknowledged that there is a Government in place, and I hope that Sen. Sifuna is borrowing such Solomonic wisdom from Sen. (Dr.) Oburu, who is a very senior citizen in this Republic.

With those very many remarks, I support this Petition. I hope we will have a policy and legislative intervention as an outcome.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, this has been experience not only in this particular place, but in many other places where people have been evicted without proper notices. There must always be a notice before eviction. There must be proper court orders when necessary. The police who are nearby should also be able to protect such properties. When residents report, they have the capacity to stop the eviction before anybody goes on to disturb the peace of peace-loving Kenyans. The damage caused then is enormous.

I am surprised that the matter has eventually ended up in the Senate. Why have these human rights organizations not taken action for all these years? Why have they not been in court? Why has the Government not also taken action to restore? It is a matter that the Senate can resolve. It is within its mandate. We really look forward to assist the Committee dealing with it and make sure that justice is done to these people.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, this has been experience not only in this particular place, but in many other places where people have been evicted without proper notices. There must always be a notice before eviction. There must be proper court orders when necessary. The police who are nearby should also be able to protect such properties. When residents report, they have the capacity to stop the eviction before anybody goes on to disturb the peace of peace-loving Kenyans. The damage caused then is enormous.

I am surprised that the matter has eventually ended up in the Senate. Why have these human rights organizations not taken action for all these years? Why have they not been in court? Why has the Government not also taken action to restore? It is a matter that the Senate can resolve. It is within its mandate. We really look forward to assist the Committee dealing with it and make sure that justice is done to these people.

Thank you, Mr. Speaker, Sir.

happening. Therefore, there are better ways KPC can deal with these issues so as to minimize the cases that are in place.

With those few remarks, I support.

happening. Therefore, there are better ways KPC can deal with these issues so as to minimize the cases that are in place.

With those few remarks, I support.

Proceed, Sen. Beth Syengo.

Asante, Bw. Spika, kwa kunipa fursa hii kuchangia Ardhilhali ya Sen. Mariam Omar kuhusu kuondolewa na kubomolewa nyumba kwa wakaazi wa Chokaa Mihango.

Hii inaonyesha utepetevu wa wafanyikazi wa kampuni tofauti tofauti, kwa sababu wakati hizi nyumba zilikuwa zikijengwa, walikuwa wapi? Wanaohusika kama ni planning ama ni kuruhusu nyumba zijengwe, walikuwa wapi ndiposa wananchi wanunue shamba, wajenge nyumba na waishi ndani?

Kuna mzee aliye na mke na watoto na vitu vyake vya dhamana ambavyo amenunua akaweka katika hiyo nyumba. Anaamkia asubuhi moja na kupata vitu vyake vimetolewa, hana nyumba na hajui aende wapi.

Kampuni ya Umeme nchini Kenya imeleta machozi mengi sana kwa Wakenya. Kubomoa nyumba bila mpangilio na idhini ya kwamba watafanya hayo siku na tarehe inayosudiwa ni kuumiza na kuhujumu haki ya Wakenya. Kwa hivyo ni makosa kabisa.

Nikama Wakenya wametupa utu nje ya dirisha. Wanapofanya mambo, hawafikiri kwamba huyu ni binadamu kama mimi. Ninayetesa, kesho inawezekana ikawa ni mimi. Nitaenda wapi?

Kama ingekuwa hao wamefanyiwa hayo, wenyewe wangefanya nini? Kwa hivyo, ni vizuri kuwa na utu hata kama ni kutii sheria au kuhakikisha sheria imefuatwa. Ningeomba iwe ni kampuni ya stima, watu wa mjengo au barabara, wakati wanapokabiliana na watu ambao wanadhaniwa kuvunja sheria, wawe na utu.

Jambo lingine ni kuwa nchini Kenya na hasa Nairobi tunajua kwamba watu wanauziwa shamba mara mbili au tatu. Unaona mtu kwa nia nzuri ananunua shamba. Amepewa stakabadhi na anaona kwamba amenunua shamba. Baada ya miezi sita, mwingine anauziwa ile shamba na ananunua. Mwishowe, kuna mmoja atalia ama wote waumie.

Wengine wanatumia stakabadhi ghushi na unapewa ukidhani ni halali. Pesa yako imepotea halafu unabaki pale ukiangaika. Hayo mambo yote yaangaliwe vizuri.

Ningeomba kama ni Kamati ya Ardhi ama wanaohusika kwa Ardhilhali hii, wachukuwe hatua inayostahili. Kama ni kuchunguza kila jambo, lifanywe vizuri. Wale ambao watapoteza mali yao, walipwe rifaa.

Asante sana, Bw. Spika, naunga mkono.

Sen. Beth Syengo, ni kulipwa ridhaa sio rifaa. Proceed, Sen. Korir.

that has been affecting the citizens. This is something that has happened since Independence. The issue of land and displacement has been an issue that has been affecting this country.

The issues that have been raised by my colleague are very serious issues that I think the relevant Committee will come out with a resolution that will be able to assist the family to get their dues. It will also act as a lesson to those who are going to face the same challenges.

These are issues that we have been discussing year in, year out. At no time has an official or an officer from the Government, or the relevant Ministries, been made liable for these mistakes. Remember the reason I was bringing the issues of IDPs was that a number of them have legal documents that has been given to them by the Government. They have the title deeds issued to them by the Government. Nonetheless, they are on the streets after being evicted by the same Government.

I can talk of the previous Government because I was a Member of the National Assembly by then, when some people were evicted in a place where the Government had put up schools. They have the chiefs and elected leaders and still they alleged that they are their illegally, yet, they have the legal documents given to them by the same Government.

As I speak, a number of their children are still running in the streets. They do not have homes and are in camps. You have a title deed, but you have been evicted from your land and you are in a camp.

I want to believe that the Government in place right now will address this issue to an extent that at least we will not witness this anymore.

Mr. Speaker, Sir, I support the Petition and urge the relevant Committee to get the facts so that these issues are addressed. I believe that is not the only case that has been brought forward, but we could be having a number of them.

I thank you and support.

Sen. Madzayo, you have the Floor. (Sen. Olekina walked to the Dispatch Box) I thought I called out Sen. Madzayo. If Senator Madzayo wishes to donate his time, well and good. The Senate Minority Leader (

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

nyumbani, yani makazi yao. Wanabaki katika njia panda bila kujua waende mbele au nyuma.

Kitendo ambacho kampuni ya KPC ilifanya kinafaa kukemewa. Kuna watoto wa shule, kina mama, wagonjwa na watu wa jamii mbalimbali ambao tunaishi nao. Hao ndio hupata tabu zaidi.

Ni jambo la kusikitisha kutekeleza kitendo hicho ilhali kulikuwa na amri ya Mhe. Rais kwamba watu hao wasifurushwe. Leo hii wako nje. Hatujui watakaowalipa ni akina nani.

Watoto wa shule hawajui wafanye nini. Hata wakienda shuleni, watarudi wapi? Wagonjwa walioko hospitalini hawajui watajikimu vipi. Ni hali ya mateso kule Chokaa.

Namuunga mkono dada yangu kwa kuleta hii Petition hapa. Kamati ya Land, Environment and Natural Resources ambayo inahusika inafaa kuangalia maslahi ya watu hao ambao wamefurushwa kutoka kwa makao yao. Haki inafaa kutendeka kwa sababu kila Mkenya ana haki ya kuishi kwao.

Jambo hili linatendeka sana hususan kule Kilifi. Tulikuwa tunafikiri ni sisi peke yetu. Waswahili husema; “Ukiona cha mwenzako kikinyolewa, chako tia maji.” Tabia hiyo pia imeanza kufanyika huku na hatujui itakuwaje. Tabia za watu kufurushwa hususan na kampuni za Serikali kama KPC zinafaa kukoma. Watu wanafaa kuongea ili kupata njia ya kuwapeleka mahali pengine badala ya kufurushwa na tingatinga na kuvunja nyumba zao maanake ni Wakenya wenzetu.

Kwa hivyo, Bw. Spika---

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

Sen. Madzayo, kindly yield.

Sen. Kinyua, I overrule that because it does not warrant being called a point of order. If you have a problem with language, you better go to a language class and not stand on a point of order.

Sen. Cheruiyot, you have the Floor.

Mr. Speaker, Sir, I would not wish to be drawn to the previous utterances, but as fathers in this House, we shall revisit at the right time.

Just have your seat, Sen. Madzayo.

Sen. Kinyua, what is your point of order?

Bw. Spika, nasimama kwa hoja ya nidhamu kulingana na Kipengee 105 cha Kanuni za Kudumu. Sen. Madzayo amesema kwamba uchungu wa mwana aujuaye ni mama. Ukweli ni kwamba uchungu wa mwana aujuaye mzazi. Mzazi anaweza kuwa wa kiume au kike. Nimechanganyikiwa niliposikia akisema kuwa uchungu wa mwana aujuaye ni mama.

You are aware that presently in the European Parliament, there is a big fight between the Irish data regulator and Meta, the parent company that owns Facebook. They have been fined over a billion dollars just for breach of data. It was for transferring data from European residents back to the USA.

It points to the fact that citizens, regulatory bodies and parliaments are increasingly becoming aware of the evil practices of many multinationals that operate in countries other than their origin, with very little regard to the rule of law.

I know this is the practice. It is not just the East African Breweries Limited (EABL) as is being mentioned in this Petition. When I read the tax records of the Kenya Revenue Authority (KRA) about leading taxpayers, for example; you will find that very small eco-lodges in Narok are paying more taxes than the people who run the huge multinational plantations back in Kericho County. It cannot make sense.

It does not make sense, but because of exactly the same situation that is being described in that particular Petition, KRA are unable to follow through and ensure that these institutions pay the taxes that are due of them. Unfortunately, because of the pettiness of the conversation around the Finance Bill, 2023, very important snippets and proposals that have come through – after many years of conversations about what to do with such companies – are missing out.

In the Finance Bill, 2023, you will find a repatriation tax proposal. It is now being proposed that these companies that repatriate profits out of Kenya, should first pay a local tax within their country where they ply their trade and practice. We pay police officers, we train their employees and they use our roads to run their trade. They then go and do their books in London and all these other posh capitals of the world, yet they pay very little taxes to this country.

I hope in the fullness of time when the dust settles and we have an adult conversation about the proposals that are in the Bill, at least, that shall not be one of the proposals that will fall down. I know this is not the first time that this is being proposed in the National Assembly. Unfortunately, as a House, we do not have the power to legislate on tax matters. However, at least we have a platform and the voice to speak on these particular issues.

Mr. Speaker, Sir, I will be watching with keen attention the proposals that will come from whichever Committee that will handle that Petition on the practices of EABL. It is of great interest to note that while this citizen had the choice to take this Petition either to the National Assembly or the Senate, they brought it here. Maybe there is something they know about us as a House. Let us not kill the hopes that they have about us as a House.

Thank you, Mr. Speaker, Sir. I rise to support this Petition by my dear sister, Sen. Mariam Omar.

I am a member of the Senate Committee on Energy. One of my biggest problems with KPC is that the records of KPC on who has given out wayleave or have surrendered their land, is all mixed up. It is very difficult to tell whether the demolished properties were along the wayleave of KPC.

Hypothetically, if indeed, the properties were built illegally, I have read through the Petition that there are various things that happened. The former President issued an

Executive Order. I was just consulting with the senior counsel whether those Executive Orders lapsed. I was told that as soon as that President is gone, that Executive Order also dies.

In the interest of human beings – Kenyan citizens who reside in a particular area – why would it be so difficult for KPLC, the Directorate of Criminal Investigations (DCI) or the Deputy County Commissioner (DCC) to sit and discuss with the residents of the area and promise look for a suitable place for them to move, or at least they are given an opportunity to move.

If, indeed, the issues which have been raised in this Petition are accurate, then this House should not be entertaining it. I have also noted that the residents went to court and the last I checked, this matter was in court. I am a little perplexed because in the Petition, it says that the residents went to court. Item No.6 says that the resident filed two suits and it names them there. Then it says the court orders stopped the demolition of any forms of damages to the properties, which KPLC blatantly disregarded the said court orders issued on 5th April, 2019 and 14th March, 2019 respectively.

I do not know whether this matter is still alive in court. Maybe Sen. Mariam Omar can clarify this.

You are aware that presently in the European Parliament, there is a big fight between the Irish data regulator and Meta, the parent company that owns Facebook. They have been fined over a billion dollars just for breach of data. It was for transferring data from European residents back to the USA.

It points to the fact that citizens, regulatory bodies and parliaments are increasingly becoming aware of the evil practices of many multinationals that operate in countries other than their origin, with very little regard to the rule of law.

I know this is the practice. It is not just the East African Breweries Limited (EABL) as is being mentioned in this Petition. When I read the tax records of the Kenya Revenue Authority (KRA) about leading taxpayers, for example; you will find that very small eco-lodges in Narok are paying more taxes than the people who run the huge multinational plantations back in Kericho County. It cannot make sense.

It does not make sense, but because of exactly the same situation that is being described in that particular Petition, KRA are unable to follow through and ensure that these institutions pay the taxes that are due of them. Unfortunately, because of the pettiness of the conversation around the Finance Bill, 2023, very important snippets and proposals that have come through – after many years of conversations about what to do with such companies – are missing out.

In the Finance Bill, 2023, you will find a repatriation tax proposal. It is now being proposed that these companies that repatriate profits out of Kenya, should first pay a local tax within their country where they ply their trade and practice. We pay police officers, we train their employees and they use our roads to run their trade. They then go and do their books in London and all these other posh capitals of the world, yet they pay very little taxes to this country.

I hope in the fullness of time when the dust settles and we have an adult conversation about the proposals that are in the Bill, at least, that shall not be one of the proposals that will fall down. I know this is not the first time that this is being proposed in the National Assembly. Unfortunately, as a House, we do not have the power to legislate on tax matters. However, at least we have a platform and the voice to speak on these particular issues.

Mr. Speaker, Sir, I will be watching with keen attention the proposals that will come from whichever Committee that will handle that Petition on the practices of EABL. It is of great interest to note that while this citizen had the choice to take this Petition either to the National Assembly or the Senate, they brought it here. Maybe there is something they know about us as a House. Let us not kill the hopes that they have about us as a House.

Thank you, Mr. Speaker, Sir. I rise to support this Petition by my dear sister, Sen. Mariam Omar.

I am a member of the Senate Committee on Energy. One of my biggest problems with KPC is that the records of KPC on who has given out wayleave or have surrendered their land, is all mixed up. It is very difficult to tell whether the demolished properties were along the wayleave of KPC.

Hypothetically, if indeed, the properties were built illegally, I have read through the Petition that there are various things that happened. The former President issued an

Mr. Speaker, Sir, they were withdrawn.

Thank you. Proceed, Sen. Olekina.

Fair enough, Mr. Speaker, Sir. Sub judice issues are of great concern to me. From the way it appears, it is like there are orders. These orders do not cease to exist if they have not been complied with.

Sen. Olekina, Sen. Miriam Omar has said the suits were withdrawn.

No, Mr. Speaker, Sir. I am okay with that. People seem to forget that KPC is owned by individuals and the Government, which owns about 51 per cent. I have some shares in KPC. Some residents here too could be having two, three or 200 shares. Even those residents who are evicted.

What I fail to understand is why KPC, as a public---

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

What is your point of order, Sen. Cherarkey? We need to conclude on this matter.

Mr. Speaker, I rise by your Speakers’ Rules, Rule No.5 on Dressing of the Senator. These are unrelated. If you see the trousers that Sen. Orwoba is wearing, you know we keep evolving in terms of---

No, Mr. Speaker, Sir. I am okay with that. People seem to forget that KPC is owned by individuals and the Government, which owns about 51 per cent. I have some shares in KPC. Some residents here too could be having two, three or 200 shares. Even those residents who are evicted.

What I fail to understand is why KPC, as a public---

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

What is your point of order, Sen. Cherarkey? We need to conclude on this matter.

Mr. Speaker, I rise by your Speakers’ Rules, Rule No.5 on Dressing of the Senator. These are unrelated. If you see the trousers that Sen. Orwoba is wearing, you know we keep evolving in terms of---

What is your point of order, Sen. Cherarkey?

Mr. Speaker, Sir, I rise pursuant to Speakers’ Rules No. 5 on the dressing of Senators in the House. Everything is evolving. If you see the trouser that has been worn by our champion against menstruation stigma in the country, our beloved Sen. Orwoba, it is similar to what we see the Disc Jockeys (DJs) wearing when some of us go to unwind on Fridays.

Sen. Cherarkey, from where I sit, I cannot see Sen. Orwoba’s trouser. I want to dispense of this matter. Let me see how Sen. Orwoba is dressed.

Mr. Speaker, Sir, I rise pursuant to Speakers’ Rules No. 5 on the dressing of Senators in the House. Everything is evolving. If you see the trouser that has been worn by our champion against menstruation stigma in the country, our beloved Sen. Orwoba, it is similar to what we see the Disc Jockeys (DJs) wearing when some of us go to unwind on Fridays.

Sen. Cherarkey, from where I sit, I cannot see Sen. Orwoba’s trouser. I want to dispense of this matter. Let me see how Sen. Orwoba is dressed.

Next Order. What is your point of Order, Sen. Sifuna?

Report of the Auditor-General on the Financial Statements of Laikipia County Education Bursary Fund for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of County Executive of Kisumu for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of Kisumu County Government Revenue Fund for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of County Assembly of Kisumu for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of Samburu County Persons Living with Disability Fund for the year ended 30th June, 2022

Report of the Auditor-General on the Financial Statements of Samburu Water and Sanitation Company Limited for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements on County Executive of Trans Nzoia for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of County Assembly of Trans Nzoia for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of Trans Nzoia County Public Service Board for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements on County Revenue Fund for Trans Nzoia County Government for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements on County Revenue Fund for Vihiga County Government for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements on Climate Change Fund of Vihiga County Government for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements on Vihiga County Trade and Enterprise Fund for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of Vihiga County Facility Improvement Fund for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of Vihiga County Sports Fund for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements on Lamu County Youth Development Fund for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of Lamu County Bursary and Scholarship Fund for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of Lamu County Disability Fund for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of County Executive of Kericho for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of Kericho County Executive Staff Car Loan Scheme Fund for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of Kericho County Executive Staff Mortgage Fund for the year ended 30th June, 2022.

Report of the Auditor-General on the Financial Statements of County Assembly of Kericho for the year ended 30th June, 2022.

Mr. Deputy Speaker, Sir, one of the tools of debate that has been demonized in this House is the ‘Point of Order’. When you hear someone saying shouting “point of order”, you just think it is something negative. I could not do it – what term do I use – when the substantive Speaker was now committing the Petitions to the Committee.

It was also problematic when I tried to raise it when you were calling the next Order because you asked me to wait for the Minority Whip to finish and by that time, matters had already progressed.

Next Order. What is your point of Order, Sen. Sifuna?

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.237 on the business we have just transacted regarding comments on Petitions. My reading of that Standing Order is that when the Speaker allows comments, the comments are in relation to a Petition. That is singular.

When there are two Petitions that are rolled into one, the Speaker should be at least clear on how much time he is allocating every Petition. I feel it is unfair that when a Petition is presented by a Member of another delegation touching on another delegation; like you have been discussing Nairobi and I have interacted with this matter day in, day out, yet I do not get an opportunity to speak on it because time has been fixed which is attached to both Petitions. I feel that is unfair.

Mr. Deputy Speaker, Sir, prior to committal of the petitions to the committee, it would be nice when the Speaker rolls two Petitions into one for comments by Members to specify whether 30 minutes is for both Petitions or in accordance with Standing Order No. 237, each Petition will take 30 minutes.

That was my point of order and I could not raise it when the Speaker was on the Floor. These are some of the challenges we are experiencing with the Standing Orders as Senators try to transact business in this House.

I thank you.

Sen. Sifuna, are you saying there is no Speaker now in this House? You have just said you could not raise your point of order when the Speaker was chairing.

Mr. Deputy Speaker, Sir, one of the tools of debate that has been demonized in this House is the ‘Point of Order’. When you hear someone saying shouting “point of order”, you just think it is something negative. I could not do it – what term do I use – when the substantive Speaker was now committing the Petitions to the Committee.

It was also problematic when I tried to raise it when you were calling the next Order because you asked me to wait for the Minority Whip to finish and by that time, matters had already progressed.

Mr. Deputy Speaker, Sir, this is a pressing issue because today, we came ready for supplementary questions for the Cabinet Secretaries. It is as if some of our dashboards are hazard lights; they are on yet we do not get the opportunity to contribute.

What is your point of order?

My point of order is that aside from the reference that Sen. Sifuna is making on the book, there is an issue on matters expressing ourselves in the House. It needs to be looked into.

Thank you.

Is that a point of order? Next Order. Sen. (Dr.) Khalwale, I understand there are more Papers that you have not laid. It is not you.

I am informed that it is the Chairman of the Committee on Labour and Social Welfare.

Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 31st May, 2023-

What is your point of order?

My point of order is that aside from the reference that Sen. Sifuna is making on the book, there is an issue on matters expressing ourselves in the House. It needs to be looked into.

Thank you.

Is that a point of order? Next Order. Sen. (Dr.) Khalwale, I understand there are more Papers that you have not laid. It is not you.

I am informed that it is the Chairman of the Committee on Labour and Social Welfare.

Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 31st May, 2023-

There are more Papers. The Chairman for the Standing Committee on Health.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 31st May, 2023-

Thank you. Next Order if there are no other Papers.

The Chairman of the Committee on Finance and Budget, I am informed that you have a Paper to lay.

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 31st May, 2023 –

Next Order. The Chairman of Standing Committee on Health, please proceed to read the Notice of Motion.

Mr. Speaker, Sir, I wish to give Notice of Motion to adopt the Report of the Standing Committee on Health on the death of the late Maureen Anyango at Mama Lucy Kibaki Hospital due to alleged medical negligence.

I beg to give Notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Health on the death of the late Maureen Anyango at Mama Lucy Kibaki Hospital due to alleged medical negligence, laid on the Table of the Senate, today, Wednesday, 31st May, 2023.

Mr. Deputy Speaker, Sir, I also want to give Notice of Motion to adopt the Report of the Standing Committee on Health on the circumstance that led to the death of the late Master Travis Maina at Kenyatta National Hospital.

I beg to give Notice of the following Motion- That the Senate adopts the Report of the Standing Committee on Health on the circumstance that led to the death of the late Master Travis Maina at Kenyatta National Hospital, laid on the Table of the Senate, Wednesday, May 31st, 2023.

That the Senate adopts a Report of the Standing Committee on Health on the death of the late Edward Otieno Onyango, due to alleged medical negligence laid on the Table of the Senate, Wednesday, 31st May,

Sen. Munyi Mundigi, I understand that you are hosting Madaraka Day tommorow and you are not inviting Senators to your county?

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

Order, Sen. Munyi Mundigi. Kuna hoja ya nidhamu.

Mr. Deputy Speaker, Sir, I am on my feet on a point of order. Pursuant to the Standing Order on responsibility for statements, I do not think it is correct for the Senator for Embu County to say that Senators have no power in his own language.

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

What is your point of order, Sen. Sifuna?

Sen. Munyi Mundigi is on a point of order. Wait until he finishes.

Mr. Deputy Speaker, Sir, at the risk of violating our own Standing Orders, perhaps allow me to say it using the language that he spoke in, so that he understands what the problem was.

Amesema anajua Maseneta hawana nguvu. Nguvu ziko katika serikali za kaunti na Serikali Kuu. That is a very dangerous statement coming from the Senate because we have constitutional powers in this House. If we had no such powers, we would not be here.

Mr. Deputy Speaker, Sir, I am on my feet on a point of order. Pursuant to the Standing Order on responsibility for statements, I do not think it is correct for the Senator for Embu County to say that Senators have no power in his own language.

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

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

What is it, Sen. Munyi Mundigi? I gave you privilege to welcome Senators not to dramatize your issues here.

Bw. aibu Spika, nafikiri kuwa Seneta mwenzangu wa Azimio, ambaye ni rafiki yangu hakuelewa nilichosema. Watu wengi wanaona kama Seneta haina nguvu lakini sisi tunajua kwamba Seneti ni ‘upper’ House.

Seneta wa Nairobi, rafiki yangu kutoka Azimio, kwa sababu leo sio siku ya kurusha mawe, unafaa uelewe---

Mimi nimesema kwamba watu huona kama Seneta haina nguvu lakini katika Kenya, Seneti ni ‘Upper’ House.

Ninawakaribisha wote Kaunti ya Embu. Tutakuwa na watu wote wa Kenya Kwanza. Kwa hivyo, pia ninawakaribisha wafuasi wa Azimio katika Kaunti ya Embu.

I would wish that Sen. Munyi Mundigi withdraws that statement because it goes to reinforce the characterization and perception out there amongst the public that we are indeed a House with no power.

I thank you.

Labda kuna nguvu nyingine anazungumzia na sio hio ya uongozi. Kuna hitilafu hapa.

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

County Government of Taita Taveta.

In the Statement, the committee should-

Next Statement by Sen. Gataya Mo Fire.

Thank you, Mr. Deputy Speaker, Sir. I have three Statements that I want to make. I will start with the easiest on the compensation of a family struck by lightning in Tharaka Nithi County.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to request for these two Statements. Allow me to go through both of them.

Next Statement is by Sen. Mandago.

Next Statement by Sen. Gataya Mo Fire.

Thank you, Mr. Deputy Speaker, Sir. I have three Statements that I want to make. I will start with the easiest on the compensation of a family struck by lightning in Tharaka Nithi County.

Mr, Speaker, Sir, I rise, pursuant to Standing Order No.53

Thank you. Sen. Githuku, proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the construction status of the road connecting Lake Kenyatta Primary School to Uziwa Junction in Lamu County.

In the Statement, the Committee should-

Next Statement is by Sen. Chimera.

Thank you, Mr. Deputy 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 regarding the registration of persons in West Pokot County.

In the Statement, the Committee should-

Thank you. Sen. Githuku, proceed.

We will proceed to the Statement by the Senate Majority Leader under Standing Order No. 57 (1) . I apologise, there is the last request for Statement from Sen. Faki.

Next Statement is by Sen. Chimera.

Thank you, Mr. Deputy 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 construction status of the Kwale-Kinango Road.

In the Statement, the Committee should-

Thank you. The Statement by the Senator for Murang’a County and the Nandi Statement have been deferred.

Mr. Deputy Speaker, Sir, pursuant to Standing Order No.57 (1) , I hereby present to the Senate the business of the House for the week commencing Tuesday, 6th June, 2023.

As I highlighted in my Statement on Thursday, 25th May, 2023, there are important financial instruments which are pending consideration in the Senate. These are the County Allocation of Revenue Bill (Senate Bills No.16 of 2023) , The Equalization Fund Appropriation Bill (Senate Bills No.3 of 2023) and The Equalization Fund Administration Bill (Senate Bills No.14 of 2023) .

These financial instruments are critical for the operations of the county governments and their expeditious consideration, passage and assent will facilitate county governments to finalize their budgets ahead of the commencement of the next financial year in July 2023. That is important.

It is good that while I am saying this, the stickler to the rule of law, Sen. Okiya Omtatah, is here. You understand how counties are supposed to do budgets. Unfortunately, as a House, we cannot raise the requisite 24 delegations to pass these Bills, so that counties can then book them onto their books and do them as singular budgets for the counties that qualify for Equalization Fund.

I, therefore, request that the Whips--- I cannot see the Whip of the minority side but Sen. (Dr.) Khalwale is here. Please let us do whatever we can to make sure that on Tuesday next week, we take a vote on these important financial instruments. I also urge colleague Senators to be present in the House on that day and other days.

It is the irony of life. During campaign periods, thousands of people fight to get a chance to represent others in Parliament. Unfortunately, after people have granted you the

opportunity to sit here on their behalf, you find empty seats in both Houses of Parliament. It is something I have never understood. I, therefore, urge that we be present on Tuesday so that we conclude on that important business.

In summary, out of the 33 Bills published in the Senate, the following are pending consideration; 19 are at the Second Reading Stage; five are at the Committee of the Whole, two of which are listed in today’s Order Paper at Order Nos.10 and 11 for Division. It is obvious to everyone whether we will have Division or not. A further six are undergoing concurrence pursuant to Article 110(3) of the Constitution of the Republic of Kenya.

Hon. Senators, from the foregoing, it is evident that the processing of Bills is slow-paced. Contributing factors to this state of affairs include unavailability of Movers to prosecute their business, lack of quorum which I have addressed myself to, and lack of sufficient county delegations which I have also talked about this afternoon. I therefore cannot overemphasize the need for Senators to prioritize House business in the plenary for Movers of Bills to be available in the Chamber and for Senators to remain in the House until conclusion of business.

It is also imperative for the Senate Majority and Senate Minority Whips to mobilize the requisite number of Senators for Divisions on Bills to be undertaken promptly. While this has not been done, I believe it will be done in the course of the day.

Yesterday at the SBC meeting, we received a report, point by point comparison, of how much business the previous Senate had transacted by this point of their term. It mirrors almost word for word that we have done equal work in the last nine months of our existence as compared to the previous Senate, yet the previous Senate, because of the disputed presidential election, it did not properly sit until December 2017.

We have been in this House since September 2022, yet because of what I have just described, we continue to face these challenges. I appeal to colleagues, please let us take the business of this House seriously.

The Petitions process is gaining prominence where members of the public are exercising their right under Articles 37 and 119 of the Constitution to submit prayers for the Senate to consider any matter within its authority.

There are presently 19 Petitions which have been referred to the various committees. This is true because they are listed in today’s order paper. I urge the respective Standing Committees to which these Petitions have been referred to expedite consideration of the Petitions and table reports pursuant to Standing Order No.238(2).

I mentioned earlier while commenting about Petitions that this is a continuous stamp of approval that members of the public give us as a House. The fact that they keep on sending Petitions before this House, including the ones we had today, means something.

A matter that had been taken to the National Assembly was not properly resolved and it found its way to this House through a Petition by students of Kenyatta University. That is a stamp of approval. That is people saying that they believe in the Senate that we can dispense of this business. It is my hope that our colleagues who serve in the various committees will expeditiously consider those Petitions and report the relevant businesses.

Not to mention the fact that Sen. Wakili Sigei, on behalf of a citizen of this country, presented what I will consider a class action Petition, when an ordinary citizen invited this House to look into the operations of corporations that are huge enough perhaps to look the other way in terms of obligations and not have any of our state agencies nab them on their bad practices. The citizens believe that this Senate has many men and women of integrity with power and wherewithal that is needed to take on this institution and give justice to the people of Kenya.

There are 22 Motions on diverse topics which are also pending for consideration. I urge the respectful Movers of these Motions to be in the Chamber whenever they are scheduled in the Order Paper.

The substantive Speaker gave communication a few weeks ago on what happens to Motions that are called upon and their Movers are not present in the House. We thought that will encourage people who bring Motions to this House to be seated.

However, many of them continue to be dropped. Perhaps many others will be dropped just a few minutes after I am done with the Statement for the simple reason. You will find someone having brought a Motion but they do not have the time to either present or at least write to the Speaker informing them about the reason for their absence and why they prefer that matter be deferred. I cannot even address myself more than that on that issue.

On matters of the Questions, at its meeting held on Tuesday, 30th May, 2023, the SBC approved the 5th set of Questions to be scheduled in the Order Paper for the morning sitting of Wednesday, 14th June, 2023.

The Questions include a question by the Senator for Laikipia to the Cabinet Secretary for Interior and National Administration on the security situation in both Laikipia and the North Rift Region.

There is a further one by the same Senator to the same Cabinet Secretary (CS) for the Ministry of Interior and National Administration, concerning the rampant abuse of Ketamine.

There is also a Question by Sen. Chute of Marsabit County, to the Cabinet Secretary for the East African Community, Arid and Semi-Arid Lands (ASALs) and Regional Development. It concerns the state of tendering for relief food in the country. That is a very important Statement. There is a further Question by the same Senator to the CS for the Ministry of Investment, Trade and Industry. It concerns prequalification of companies to import commodities by the Kenya National Trading Company (KNTC).

Mr. Deputy Speaker, Sir, I know when we began this business of Question Time to CSs, our colleagues from the Minority Side had their misgivings about the process. I am glad to note that increasingly, as this process has gone on, I see many of them show up on Wednesday mornings, including none other than the Senate Minority Leader and a few others. This morning, I saw them participate. They asked Cabinet Secretaries Questions on issues touching on their specific counties.

I believe, as is the course of politics, somehow somethings always resolves themselves. I hope that matter will stand resolved and we shall carry on together as the Senate and have an opportunity to ask Cabinet Secretaries Questions.

Proceed, Senate Majority Leader.

Thank you, Senate Majority Leader. As you have indicated, we can now not transact several businesses here because we have no numbers to go to Division. Therefore, businesses appearing as Orders No.8, 9, 10 and 11 are deferred.

opportunity to sit here on their behalf, you find empty seats in both Houses of Parliament. It is something I have never understood. I, therefore, urge that we be present on Tuesday so that we conclude on that important business.

In summary, out of the 33 Bills published in the Senate, the following are pending consideration; 19 are at the Second Reading Stage; five are at the Committee of the Whole, two of which are listed in today’s Order Paper at Order Nos.10 and 11 for Division. It is obvious to everyone whether we will have Division or not. A further six are undergoing concurrence pursuant to Article 110(3) of the Constitution of the Republic of Kenya.

Hon. Senators, from the foregoing, it is evident that the processing of Bills is slow-paced. Contributing factors to this state of affairs include unavailability of Movers to prosecute their business, lack of quorum which I have addressed myself to, and lack of sufficient county delegations which I have also talked about this afternoon. I therefore cannot overemphasize the need for Senators to prioritize House business in the plenary for Movers of Bills to be available in the Chamber and for Senators to remain in the House until conclusion of business.

It is also imperative for the Senate Majority and Senate Minority Whips to mobilize the requisite number of Senators for Divisions on Bills to be undertaken promptly. While this has not been done, I believe it will be done in the course of the day.

Yesterday at the SBC meeting, we received a report, point by point comparison, of how much business the previous Senate had transacted by this point of their term. It mirrors almost word for word that we have done equal work in the last nine months of our existence as compared to the previous Senate, yet the previous Senate, because of the disputed presidential election, it did not properly sit until December 2017.

We have been in this House since September 2022, yet because of what I have just described, we continue to face these challenges. I appeal to colleagues, please let us take the business of this House seriously.

The Petitions process is gaining prominence where members of the public are exercising their right under Articles 37 and 119 of the Constitution to submit prayers for the Senate to consider any matter within its authority.

There are presently 19 Petitions which have been referred to the various committees. This is true because they are listed in today’s order paper. I urge the respective Standing Committees to which these Petitions have been referred to expedite consideration of the Petitions and table reports pursuant to Standing Order No.238(2).

I mentioned earlier while commenting about Petitions that this is a continuous stamp of approval that members of the public give us as a House. The fact that they keep on sending Petitions before this House, including the ones we had today, means something.

A matter that had been taken to the National Assembly was not properly resolved and it found its way to this House through a Petition by students of Kenyatta University. That is a stamp of approval. That is people saying that they believe in the Senate that we can dispense of this business. It is my hope that our colleagues who serve in the various committees will expeditiously consider those Petitions and report the relevant businesses.

Not to mention the fact that Sen. Wakili Sigei, on behalf of a citizen of this country, presented what I will consider a class action Petition, when an ordinary citizen invited this House to look into the operations of corporations that are huge enough perhaps to look the other way in terms of obligations and not have any of our state agencies nab them on their bad practices. The citizens believe that this Senate has many men and women of integrity with power and wherewithal that is needed to take on this institution and give justice to the people of Kenya.

There are 22 Motions on diverse topics which are also pending for consideration. I urge the respectful Movers of these Motions to be in the Chamber whenever they are scheduled in the Order Paper.

The substantive Speaker gave communication a few weeks ago on what happens to Motions that are called upon and their Movers are not present in the House. We thought that will encourage people who bring Motions to this House to be seated.

However, many of them continue to be dropped. Perhaps many others will be dropped just a few minutes after I am done with the Statement for the simple reason. You will find someone having brought a Motion but they do not have the time to either present or at least write to the Speaker informing them about the reason for their absence and why they prefer that matter be deferred. I cannot even address myself more than that on that issue.

On matters of the Questions, at its meeting held on Tuesday, 30th May, 2023, the SBC approved the 5th set of Questions to be scheduled in the Order Paper for the morning sitting of Wednesday, 14th June, 2023.

The Questions include a question by the Senator for Laikipia to the Cabinet Secretary for Interior and National Administration on the security situation in both Laikipia and the North Rift Region.

There is a further one by the same Senator to the same Cabinet Secretary (CS) for the Ministry of Interior and National Administration, concerning the rampant abuse of Ketamine.

There is also a Question by Sen. Chute of Marsabit County, to the Cabinet Secretary for the East African Community, Arid and Semi-Arid Lands (ASALs) and Regional Development. It concerns the state of tendering for relief food in the country. That is a very important Statement. There is a further Question by the same Senator to the CS for the Ministry of Investment, Trade and Industry. It concerns prequalification of companies to import commodities by the Kenya National Trading Company (KNTC).

Mr. Deputy Speaker, Sir, I know when we began this business of Question Time to CSs, our colleagues from the Minority Side had their misgivings about the process. I am glad to note that increasingly, as this process has gone on, I see many of them show up on Wednesday mornings, including none other than the Senate Minority Leader and a few others. This morning, I saw them participate. They asked Cabinet Secretaries Questions on issues touching on their specific counties.

I believe, as is the course of politics, somehow somethings always resolves themselves. I hope that matter will stand resolved and we shall carry on together as the Senate and have an opportunity to ask Cabinet Secretaries Questions.

Mr. Deputy Speaker, I have also seen something which I am not complaining about because it is not my business to complain. When the Cabinet Secretaries eventually complain to me, I will pass the blame to you. It is on the expanded interpretation of what Supplementary Questions are. If you were in today’s Session, you know that the Cabinet Secretaries who appeared here, answered completely new sets of Questions. They were separate from what had been asked. However, I am glad that they handled it well.

There is an infamous story about the camel and the tent, where it asked for an opportunity to just put in the head alone. You know subsequently what eventually happened. I guess that is what this Parliament can do with this Question Time to our Cabinet Secretaries. Of course, once they are here and there is a matter of great national importance, it cannot be swept under the carpet. We cannot just say that since it was not a previously asked Question, then it is not something worth considering. I believe as a House, we have the power to ask that particular Cabinet Secretary what exactly they are doing about that particular matter.

Therefore, we celebrate you as Senators for allowing that latitude for colleagues to raise issues with CSs. Those issues touch on the people that we represent in this House.

As indicated in Order No.12, I will shortly move a Motion for the suspension of the Morning Sitting on Wednesday, 7th June, 2023. This is so as to avail an opportunity for Members of Parliament, including Senators, to participate in the National Prayer Breakfast. This is an annual event convened by Parliament.

Maybe there are people who may hold different views. Sen. Mumma will have to know that this is a bipartisan event. Bipartisan is a vague work but it just for your comfort. Otherwise, there are people who may not want to show up. This is one occasion that as MPs, together with the Executive, we tolerate each other and pray. We hope that the prayers can intervene and sort some of the problems that we continue to face.

Mr. Deputy Speaker, Sir, of course, there is the all-important ritual that on many occasions, we are allowed to sing and present a hymn. Since we are blessed to have Sen. Crystal Asige, I suggest that maybe on Tuesday at 4.00 o’clock, she can organize so that we practice the hymn that we will sing on that day. It is embarrassing to sing with our colleagues from the National Assembly. The Senate can do a better job on its own. So, with your permission, I hope Sen. Crystal Asige is properly briefed on that matter.

Finally, on Tuesday 6th June, 2023, the Senate Business Committee (SBC) will consider and approve business of the day. This will contain business that will not have been concluded from the Order Paper today. We will guide on the same.

Mr. Deputy Speaker, Sir, in conclusion, I wish all hon. Senators a happy Madaraka Day, tomorrow, 1st June, 2023. I hereby lay the Statement on the Table of the Senate.

Thank you, Senate Majority Leader. As you have indicated, we can now not transact several businesses here because we have no numbers to go to Division. Therefore, businesses appearing as Orders No.8, 9, 10 and 11 are deferred.

We go to Order No.12.

Mr. Speaker, Sir, I beg to move this Motion in an amended form:

THAT, notwithstanding the Resolutions of the Senate made on 16th February, 2023, and 29th March, 2023, pursuant to Standing Order 32 on approval of the Senate Calendar (Regular Sessions) for the Second Session 2023; and further notwithstanding the provisions of Standing Order No.34

Proceed, Sen. Chimera.

The Senate Majority Leader told us that the Parliament contributes towards the prayer day. Nonetheless, I have not been asked for my contribution. So, I do not know how Parliament contributes. Is it from the taxpayers' funds or from our funds?

Nonetheless, it is a good thing to pray, as long as the taxpayer does not pay for the prayers. Otherwise, we shall be violating the Constitution on the establishment of religion. There should be no state religion, either in terms of all religions being state religions or one religion being a state religion. So, we should avoid to try to portray this country as a theocracy. We should give room to God in public spaces, however, as a private endeavor, not to be paid for by the taxpayer.

I will not attend a prayer meeting unless I get an invoice saying you have to pay this much. This is because I know there is a lot of food being eaten there. I have not been invoiced for that. So, I will not participate in the stealing of public funds by the Members of Parliament.

I thank you.

Thank you. Proceed, Sen. M. kajwang’.

Mr. Deputy Speaker, Sir, I rise to support the Motion. When I look at the Constitution of Kenya, the Preamble says-

“We, the people of Kenya- ACKNOWLEDGING the supremacy of the Almighty God of all creation”. Mr. Deputy Speaker, Sir, that Preamble does not talk about the Jewish, Islamic, African or the Caucasian God. It talks about God of all creation. So, we must acknowledge the supremacy of God, whoever you perceive him to be.

There is a phrase in Desiderata by Mark Rehman that talks about believing in God, whoever you perceive him to be. What we must be careful about in this country is to elevate one God above others. It is to elevate the Christian God above the African gods, or vice versa.

In this country, and even in the county that I represent, many people are practising Christians. However, there are still people who believe in African gods and spirits and a connection between those present and those who have gone before us.

Mr. Deputy Speaker, Sir, that is why even when we go to funerals, after praying and invoking all the Latin liturgies that accompany our burial ceremonies, you will find us telling the dead to go and pass our greetings and messages to those who died before them. That tells you, that we are like the Oreo biscuits. We are Christian on the outside and African on the inside.

It is important for a country to pray and recognize God, but our Constitution also requires us to recognize other people. If you look at that Preamble, our first acknowledgement is the supremacy of the Almighty God.

The next line is that we need to honor those who struggle to bring freedom and justice to our land. When will Parliament ever adjourn to honor those heroes who struggle to bring freedom and justice to our land?

Yes, we have got the Madaraka Day and Jamhuri Day. Those are national and public holidays. However, when will Parliament deliberately take time to honor those who heroically struggle to bring freedom and justice to our land?

I am sorry; we were time barred. So, today I used the word “may”.

Proceed, Sen. Okiya Omtatah.

Mr. Deputy Speaker, Sir, I want to contribute to the Motion by saying that adjourning for the prayer day is apt. Even though we are not a theocracy and we must masquerade as one, it is important that those who want to pray are given an opportunity to do so.

We will see to it that the opportunity is granted since it will be interdenominational only that prayers are a private function. A taxpayer should not pick up the bill.

Mr. Deputy Speaker, Sir, I thank the colleagues who have contributed to this fairly straight forward Motion.

In the 19th Century, there was a German Philosopher called Friedrich Neitzsche. He advanced the theory that came to be known as God is dead. Therefore, a few of his adherence at the university where he taught, wrote a huge mural on the wall that God is Dead, Fredrick Neitzsche.

As fate would have it, in the year 1900, he passed on. Then, one cheeky student came and wrote underneath him on the mural that they had made celebrating Fredrick Neitzsche and signed onto it with a spray pen that Neitzsche is dead, signed God.

Mr. Deputy Speaker, Sir, that lesson is to those who may want to believe or imagine that for one reason or the other, there is no place for God in our society. I do not get that sense from any of the contributions that have been made today. However, it is important that as a House, we take time.

I appreaciate what Sen. M. Kajwang’ has read for us on the sanctity of our thoughts and the place of God in our affairs as a State.

Thank you. Proceed, Sen. M. kajwang’.

Mr. Deputy Speaker, Sir, I rise to support the Motion. When I look at the Constitution of Kenya, the Preamble says-

“We, the people of Kenya- ACKNOWLEDGING the supremacy of the Almighty God of all creation”. Mr. Deputy Speaker, Sir, that Preamble does not talk about the Jewish, Islamic, African or the Caucasian God. It talks about God of all creation. So, we must acknowledge the supremacy of God, whoever you perceive him to be.

There is a phrase in Desiderata by Mark Rehman that talks about believing in God, whoever you perceive him to be. What we must be careful about in this country is to elevate one God above others. It is to elevate the Christian God above the African gods, or vice versa.

In this country, and even in the county that I represent, many people are practising Christians. However, there are still people who believe in African gods and spirits and a connection between those present and those who have gone before us.

Mr. Deputy Speaker, Sir, that is why even when we go to funerals, after praying and invoking all the Latin liturgies that accompany our burial ceremonies, you will find us telling the dead to go and pass our greetings and messages to those who died before them. That tells you, that we are like the Oreo biscuits. We are Christian on the outside and African on the inside.

It is important for a country to pray and recognize God, but our Constitution also requires us to recognize other people. If you look at that Preamble, our first acknowledgement is the supremacy of the Almighty God.

The next line is that we need to honor those who struggle to bring freedom and justice to our land. When will Parliament ever adjourn to honor those heroes who struggle to bring freedom and justice to our land?

Yes, we have got the Madaraka Day and Jamhuri Day. Those are national and public holidays. However, when will Parliament deliberately take time to honor those who heroically struggle to bring freedom and justice to our land?

Mr Deputy Speaker, Sir, that Preamble is the basis upon which the State of Kenya is established. Let us not only think about God when things are going bad. Let us think about the heroes who established this State called Kenya and the other commitments that we have made in our Constituion.

God helps those who help themselves. I believe in that. There are some people who think that it is a saying by dynasties and it does not favour ‘hustlers.’ If ‘huslers’ will not go out to push that wheelbarrow to the market, they will not get money for the day.

This country cannot mismanage its finances and policy, then turn to prayer. We must do the things that God has endowed us with knowledge, wisdom and capacity to do. After we have applied ourselves fully and see that results are not forth coming, that is when we go for that national prayer, fasting and all those activities that we are being encouraged to do.

I have no problem with religion and with us setting aside a day for prayer. I only have a problem with anything that will breach Article 8 of the Constitution that says that there shall be no State religion.

I encourage those who are organizing the prayer day to ensure that all the gods that we believe in are worshipped, upheld and put at the same level on the day that we will be having the national prayers.

Finally, if you look at the Second Schedule of our Constitution, our national anthem is there. The opening comments in our national anthem is “Oh God of all Creation, bless this our land and nation”. The next one says justice be our shield and defender.

Mr. Deputy Speaker, Sir, I hope we can be true to the words of the national anthem. Not just the first stanza, but to the entire national anthem so that justice, liberty and plenty can be found within our borders. When there is plenty within our borders, the State shall not steal it back from us in the form of draconian taxes.

I support.

Hon. Senators, having no other Senator interested to contribute, I call upon the Mover to reply.

Mr. Deputy Speaker, Sir, I thank the colleagues who have contributed to this fairly straight forward Motion.

In the 19th Century, there was a German Philosopher called Friedrich Neitzsche. He advanced the theory that came to be known as God is dead. Therefore, a few of his adherence at the university where he taught, wrote a huge mural on the wall that God is Dead, Fredrick Neitzsche.

As fate would have it, in the year 1900, he passed on. Then, one cheeky student came and wrote underneath him on the mural that they had made celebrating Fredrick Neitzsche and signed onto it with a spray pen that Neitzsche is dead, signed God.

Mr. Deputy Speaker, Sir, that lesson is to those who may want to believe or imagine that for one reason or the other, there is no place for God in our society. I do not get that sense from any of the contributions that have been made today. However, it is important that as a House, we take time.

I appreaciate what Sen. M. Kajwang’ has read for us on the sanctity of our thoughts and the place of God in our affairs as a State.

I do not think that, in any way, getting us to pray suggests that there is a dereliction of duty on our part as leaders especially, those that serve in this present administration. Rather, it is an admission that despite all the knowledge that we may have, sometimes there are challenges that are beyond the will and the power of man that only the super natural can solve for us.

Mr. Deputy Speaker, Sir, we will take two, three or four at most for prayer. I have attended many of these prayer breakfasts, as national leaders, to reflect on where our country is and where we need to go. I do not think that it suggests in any way that we have surrendered and that only prayers can save us. In as much as we know the challenges that we face today as a country, it will take beyond the actions of man to rescue us from where we are.

The challenges that Kenya faces today are unique and interesting. On one side, we have people trying to resolve them and on the other, we have people who were part and parcel of creating the mess and are now shouting loudest about how not to resolve that particular mess. It is a unique situation that we find ourselves in as a country. We hope that in terms of prayer, we can take time to reflect and even think about the less fortunate.

Mr. Deputy Speaker, Sir, just because of a mere proposal of something called a Housing levy, the conversation is now alive for the first time. In fact, yesterday, a constituent of mine asked me about this law that we have brought? Little did they know that the Finance Bill has always been part and parcel of parliamentary practice. It is a clear ritual in Parliament.

I reminded them that if you recall three of four years ago, there was a similar fight when Value Added Task (VAT) was being introduced on petrol and fuel. There was a big divide in the National Assembly at that particular time. It is when they recalled that, indeed, they have been such conversations before.

We find ourselves in a unique place where, unfortunately, that cheap and retrogressive politics cannot solve. I hope that when we take time to pray, as leaders, we will come to the realization that we have a country to mind after we are done with our politics depending on whichever side of the divide we belong to.

Mr. Deputy Speaker, Sir, I would not wish to say much. I am sure there are other opportunities to say a lot on that particular topic. Let me not flood on this very important Motion that allows us, as a House, to take a break to go and pray. I welcome everybody, including Sen. Okiya Omtatah, who has said that he wants to see an invoice. I will gladly tell him that I have paid for him. You are more than welcome on that day.

Thank you.

Madam Temporary Speaker, the European Union (EU) came up with the right to disconnect in January 2021 as the workers right. The EU has defined the right to disconnect as –

‘A worker’s right to disengage from work and refrain from engaging in work related electronic communication such as emails and other Short Messages Services (SMS) during non-working hours.’ Kenyans should understand that there must be a proper way of doing these things. That is why in my opening remarks, I said it is important, for employees to have their personal time and privacy respected and for connected purposes. There is an argument in the country where people are asking how we can implement this law. I have seen even the Federation of Kenya Employers raising questions of how you can comply with it. What I am doing is migrating the workspace in line with the remote working.

Madam Temporary Speaker, when you look at Article 41 on labour relations, it talks about every person has the right to fair labor practices and reasonable working conditions. Therefore, it is a labor right even under the Employment Act. We must provide a reasonable working environment.

Even if you look at Section 31 of the Employment Act, it is about housing. You have seen a situation where the issue of the Housing Levy Fund is becoming a serious issue.

Kenyans did not know the provision of Section 31. I can just read it for the benefit of colleagues. Section 31 states as follows -

“An employer shall at all times at his own expense provide reasonable housing accommodation for each of his employees either at or near to the place of employment.”

Madam Temporary Speaker, Kenyans are now realizing that you must provide for your employees housing. The Employment Act is very clear. What I am adding is enriching reasonable working conditions to protect employees.

You were on the Floor of the House and I heard your serious contribution on mental health of police officers. Most of our employees and workers are suffering from mental burnout and mental illness because of the pressure from work. People are suffering from diabetes, high blood pressure, heart related diseases because of the pressure of targets. For example, in banks, you must meet targets.

I am not saying that people should not sign performance contracts. They should. There are targets. They are being told if you do not achieve this, you are fired. It destabilizes even the mind of that employee. You find employees feeling disengaged from their family yet the basic unit of any society is having a strong family. That is the strength of a nation.

You need to have a strong family. You must be there for your children and your spouse so that they also grow so that we do not raise a generation that does not respect authority, accountability or transparency. Therefore, regarding this right to disconnect, it is good that the people's watchman is on the Floor. I am giving him something to properly litigate.

If we pass this law, you shall not have an employer calling you beyond your leave days, off days and beyond working hours. If they do that, they will be abusing that

Madam Temporary Speaker, I rise to second the Employment (Amendment) Bill (Senate Bills No.11 of 2022) , which has been moved by Sen. Cherarkey.

I will not repeat what the Senator has eloquently presented. All I want is to say that this Bill is timely and is clearly anchored in the Constitution of Kenya.

I want to begin by referring the House to Section 7 (1) of the Sixth Schedule to the Constitution of Kenya which states-

“All law in force immediately before the effective date continues in force and shall be construed with the alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with the Constitution.” Basically, this Bill is trying to anchor the Employment Act that was enacted in 2007 in the Constitution of Kenya, so that we do not have to read and do the adaptations but Parliament does the adaptations for us. Therefore, this Bill is important.

I would like to refer to Article 41 of the Constitution of Kenya, which provides for labour rights. Section 41 states:

“ (2) Every worker has the right —

Proceed, Sen. Murgor.

On a point of order, Madam Temporary Speaker.

right that has been provided for. Therefore, Sen. Okiya Omtatah, as the people's watchman and one of the serious litigators on human rights that we have in the Republic, would have the opportunity to also look at the law.

Madam Temporary Speaker, this is the first law of its kind in Africa. Many people would say, why would we need to disengage? I have given enough reasons as to why including the right to privacy, avoid burnout, protect mental wellness of the employees, ensure fair work and remuneration. Equal work, equal pay.

I am told in some organizations that some of the managers give work to their employees immediately before 5.00 p.m. which is unfortunate and unfair. I know there could be office wars. Some managers are malicious and they might be wanting to hold down, especially the interns and some might be having other intentions that are not known. The point is that this should be a warning.

I have seen the Federation of Kenya Employers and the Central Organization of Trade Unions (COTU) are saying, if you have to call me as your worker, there must be some sort of arrangement so that you pay overtime. If I am meant to leave the office at

Madam Temporary Speaker, I wanted to rise on a point of order, but my device did not alert you. Nonetheless, Standing Order No.41 (1) regarding the quorum states that-

“If at any time in the course of the proceedings of the Senate a Senator objects that there is not a quorum present, the Speaker or the Chairperson shall count the Senators present in the Senate or the Committee as the case may be.” Thank you, Madam Temporary Speaker.

Clerk, can you confirm whether we have quorum or not?

Thank you, Madam Temporary Speaker for giving me the opportunity to contribute to this Bill.

Today’s world is becoming a world of pressure in many ways. There is pressure from family, responsibility, job, environment, neighbours and so on. Whichever opportunity one gets to work in a conducive environment so that they do not face a lot of pressure, will enhance the ability and effort that one can contribute towards expected duty or work.

The world has also had the opportunity and advantage of technology, which is unlike what it has been traditionally. For a worker to work from home or wherever it is convenient for them is quite in order and appropriate. It is because today’s technology can enable them contribute towards work just as much as being in an office.

Along with that, many settings may not allow for space since a worker may have inadequate office or a place to work from. Therefore, working from home is convenient in the performance of their duties. It is very appropriate because some situations may not have office space. Allowing a worker to contribute positively towards their work is very appropriate.

I support the Bill.

On a point of order, Madam Temporary Speaker.

What is out of order, Sen. Kibwana?

Madam Temporary Speaker, I wanted to rise on a point of order, but my device did not alert you. Nonetheless, Standing Order No.41 (1) regarding the quorum states that-

“If at any time in the course of the proceedings of the Senate a Senator objects that there is not a quorum present, the Speaker or the Chairperson shall count the Senators present in the Senate or the Committee as the case may be.” Thank you, Madam Temporary Speaker.

Clerk, can you confirm whether we have quorum or not?

The Clerk has confirmed that there is no quorum. Can the Serjeant-at-Arms ring the bell for 10 minutes?