Wednesday, 4th October, 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 have quorum now. Kindly stop the Bell.

Clerk, proceed to call the first Order, please.

Hon. Senators, I have two Communications to make.

I made some directive yesterday to the extent that I was to deliver a ruling on the matter touching on the presence of Sen. Orwoba in this Plenary. Instead, the ruling will be delivered tomorrow at 2.30 p.m.

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon, a visiting delegation from Kisumu County Assembly. The delegation comprises six Members and five officers of the Committee on Public Accounts and Investments who are on a benchmarking visit with their counterparts in the Senate.

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

Equally, I would like to acknowledge the presence in the Public Gallery this afternoon, a visiting delegation from Zetech University Students Association (ZUSA) Congress. The delegation comprises 22 students who are in the Senate for a one-day visit.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit.

Thank you, Mr. Speaker, Sir, for that privilege. It is a fact that I am the Senator for Kakamega County, but a good neighbour of Kisumu County.

I take this opportunity to welcome our visitors. I wish to inform them that your Senator, Sen. (Prof.) Tom Ojienda Odhiambo, SC, is a vibrant Member in this House. He

is a go-getter, not just in this House, but even outside. He normally does many experiments, including going to State House and agreeing with me on many things. So, you should know that he is compliant with the Government and, therefore, you will access development in Kisumu County faster.

Mr. Speaker, Sir, the duty you have given me is to welcome the visiting students from Zetech University. I will try to avoid the temptation to respond to what Sen. (Dr.) Khalwale has said.

To the students from Zetech University, I take this opportunity on behalf of the leadership of the Senate, to welcome you to the Chamber. Take the time to learn the good things you see in this Chamber and aspire that one day, you will be in this Chamber as students from universities sit in the Public Gallery to watch you debate.

Mr. Speaker, Sir, with those few remarks, I welcome the students and the delegation from Kisumu. They should ignore what the Senator for Kakamega has said. Their Senator is on the way here. I spoke to him a few minutes ago and he is doing a good job in the House. I will leave the visitors and the Senator for Kakamega to him.

Next order.

Hon. Members, I do have a Petition to present. I hereby report to the Senate that a Petition has been submitted through the Clerk by Mr. Laban Omusundi, a resident of Nakuru County concerning the enactment of a clause in the electoral laws that will make sure that all nominated Members of County Assembly (MCAs) are voters and residents of their respective counties.

As you are aware, under Article 119 (1) of the Constitution: “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.”

Hon. Senators, the salient issues raised in the Petition are as follows:

Thank you, Mr. Speaker, Sir. This is an interesting Petition. As someone who has served in the nomination process in the largest political party in the Republic, the United Democratic Alliance (UDA) , which boasts of a majority of about 800 MCAs, I know what this Petition is talking about. It is a fight we have had over time.

I am a bit lost because the petitioner wants to guide the House to believe that the only way you can identify with needs of a particular county is by being a resident. These needs are not defined because there are needs that can be served by elected leaders and others by nominated leaders who represent certain special interests. To the best of my knowledge, these interests are not limited to a particular locality.

Mr. Speaker, Sir, I would not wish to discourage the petitioner or the Committee that will look into this, but I am willing to be convinced that you have to come from a particular locality to understand the special needs of the people in that county because that is what the nominated MCAs do.

Mr. Speaker, Sir, I do not know which Committee will handle this Petition because that is up to them to determine. However, I hope they will equally resolve that and give life to our constitutional provision on nomination to county assemblies, especially with regard to giving clarity on the three categories, Persons with Disabilities (PWDs) , youth and marginalized communities.

In the last three county assemblies, the Independent Electoral and Boundaries Commission (IEBC) on their own motion decided to lump two categories together and leave out one group. Such that if you go to all our 47 county assemblies, you will find that either there is a marginalized person and a youth without a PWD or a PWD and a marginalized person without a youth. That continues to expose most of us even to demonstrations.

Mr. Speaker, Sir, I have been a victim of this provision of the Constitution many times in my county because each time nominations are done, they look at the Senator or any person perceived to be close to the powers that be and they imagine that you have a hand in it, yet it is the IEBC. I hope our Committee can guide us so that we make the necessary amendments and give life to these Articles of the Constitution without necessarily being limited to that Petition alone.

If they can address this and guide the House to resolve those two issues, then we will have done justice to our county assemblies.

Sen. Dullo.

Thank you, Mr. Speaker, Sir. I support this Petition. As far as voting in the Assembly is concerned, this is a matter that also affects the Senate where delegations are the only ones allowed to vote. Even in the assemblies, it is the ward representatives who vote on the matters that affect the wards.

Secondly, the matter on nominations needs to be addressed. It is unfair to those who are residents of those counties. You cannot transport someone from Kisumu to become an MCA in Isiolo County yet we have many voters who can be appointed to those positions. This is an anomaly that must be corrected considering we have situations where people have moved to court and protested the swearing in at those county assemblies.

This is a good Petition and we must deal with it. It is unfair for any political party to transport an MCA from one county to the other.

Sen. Wafula.

Asante, Bw. Spika. Hili swala tunalojadili ni tatanishi kwa sababu ni mojawapo ya mbinu za kikoloni. Mbinu gandamizi na za kukanyagia wapiga kura husika nafasi ya kuwakilishwa katika Mabunge ya kaunti na ya kitaifa.

Kamati ambayo utaipa majukumu haya ya kuchunguza na kuleta ripoti, itakusononesha sana. Hii ni kwa sababu kuna vyama vya kisiasa ambamo wanasiasa walikuwa wanapiga debe, wakiuza sera za mageuzi na uhusishaji wananchi, lakini wakati wa uteuzi, watu hawa walishangaa.

Waswahili husema asiyeamini ya Musa, huyaona ya Firauni. Walioteuliwa kwa makaunti mbalimbali Kenya hii ni watalii wa kisiasa. Ni wafyonzaji wa nafasi za kisiasa. Ni watu ambao nitasema ni kupe wa kiasa. Wanafyonza jasho na jitihada za wapiga kura katika kaunti husika.

Bw. Spika, viongozi hawa wa kisiasa ni kama mafarisayo, hata wengine wako hapa na wanatuahidi mabadiliko, lakini katika kaunti wanazotoka wananchi wanashangaa. kuna tume ya majadiliano ambayo inaendelea sasa na mimi ninaomba kwamba jambo hili lijadiliwe na tuweke sheria mapema.

Sen. Cheruiyot, hoja lako la nidhamu ni nini?

Utaniwia radhi Bw. Spika.

kupata chakula cha mchana, alizungumza na kusema hapa ndani kuna watu wabaya. Hawa watu wanafanya hivi na vile. Nimemsikiza tena akizungumza sasa. Amezungumza akasema kuna mafarisayo na kisha akasema wako hapa ndani. Nafikiri sio vizuri yeye kuruhusiwa kuelekezea kidole cha lawama watu ambao hawataji kwa majina.

Kwa kweli ninajua mimi sio mmoja wao lakini kwa sababu ya hawa marafiki zangu, ndugu zangu Maseneta, ningependa kujua hawa ni akina nani. Kwa sababu akiwachiwa fursa hii ya kueleza na kuwalimbikizia lawama wenzake bila kusema ni akina nani haswa, nafikiri sio vizuri.

Ni vyema awaeleze kwamba akisema hapa anamaanisha wapi. Ni hapa bungeni, Kenya, Barani Afrika ama dunia kote? Ni vizuri tuelewe.

Asante, Bw. Spika.

Sen. Wafula, ni kweli kwamba ile hoja ya nidhamu ambayo imepeanwa na Seneta wa Kericho inastahili. Kwa hivyo, nitakusihi unapozungumza, mwanzo ufafanue wale wabaya na mafarisayo ambao wako hapa ni akina nani haswa.

Pengine ikiwa wale mafarisayo na wabaya hawako, basi itabidi uondoshe matamshi hayo katika kumbukumbu.

Asante, Bw. Spika. Naomba hisani na msamaha kwa yeyote ambaye nimemdhuru kwa matamshi yangu. Ni jambo la kisiasa ambalo nadhani nitalijadili wakati mwafaka lakini kwa sasa naondoa sentensi hiyo.

Nikimalizia ni kwamba, mjadala huu natarajia kwamba utachukua mwelekeo mwafaka ambao utawapa Wakenya katika pembe mbalimbali nafasi za kuwakilishwa na wenzao ambao wanawajua, wanawaelewa, wamepiga kampeni nao na wana mwelekeo mmoja wa kisiasa.

Haya yote ni ili Kenya kisiasa na kidemokrasia iwe ni nchi ambayo unavuna kile ulichopanda na sio kwamba unatuzwa kwa uzembe ama kutuzwa kwa kuwa na falsafa ya fisi ambaye anatarajia kuvuna ama kupambana na mkono ambao hauanguki kihalali lakini kunyakua kwa lazima.

Bw. Spika, naomba kwamba kutoka sasa kwenda mbele, vyama vya kisiasa vizingatie demokrasia na wale ambao Seneta wa wengi alisema, walemavu, wanawake na wazee, vile vile wapewe nafasi na vyama vya kisiasa na kuchaguliwa kama wakilishi wa Mabunge ya kaunti na kitaifa.

Ukiangalia awamu tatu zilizopita, mfumo wa 2013 wanawake walikuwa wengi. Ukija mwaka wa 2017, kukakuwa na mchanganyiko na walemavu.

Kwa sasa, pia kunatofauti. Lazima ieleweke vizuri. Wale ambao watateuliwa ni mfumo upi na wale ambao chama kinachagua wapewe nafasi sio tume ya uchaguzi kuamulia vyama vya kisiasa ni nani ambaye watamchagua.

Proceed, Sen. Wambua.

Thank you, Mr. Speaker, Sir. I want to begin by really congratulating the hon. Senator for bringing this Petition. I wish there was sufficient time to actually debate this matter.

I have listened to a contribution by my colleague Sen. Cheruiyot. Yes, he has made reference to the biggest political party. It should also be appreciated that, in fact,

the big political parties are the biggest violators when it comes to nominations, especially the nomination of MCAs.

It should concern all of us that the interest that nominated Members are specially elected to represent in counties, those interests are available and abundant in every county.

There are women in every county and ward. So, there should be sufficient number of women for gender top up in nominations in every county. There are people with disability in every country and ward. So, people should be nominated from there to represent the interests that are abundant in those areas.

Mr. Speaker, Sir, I support that Petition and I want to request that the Committee to which it will be forwarded, on the day that they are sitting, they should invite all Senators to make a contribution so that we expose the Pharisees that Sen. Wafula is making reference to.

It will surprise many of us to find out that the bigger the party, the greater the violation.

I thank you.

Proceed, Sen. Cherarkey.

Thank you, Mr. Speaker, Sir. From the onset, I want to support the sentiments of my colleagues who have contributed before me. I think as a country we must agree that there is a Kiswahili saying that says “Mbuzi anakula kwa urefu wa kamba yake.”

Mr. Speaker, Sir, allow me with the indulgence of the Standing Orders. Why should you take somebody from Nairobi to nominate him in Garissa, Mandera, Nandi or Kericho county assemblies? We must be honest with ourselves. The biggest problem we see is in our county assemblies. It is not even in these other positions that we are talking about. Therefore, as parties, we must also be disciplined.

I am a Member of the largest political party in Kenya and across Africa. Therefore, we should be careful because we have taken nominations as tokenism as opposed to competence and ability of our many MCAs.

I have met people who sacrifice a lot for the party, but they did not get those nominations. I know in your former life, you used to be a party leader of a political party called Pamoja Alliance of Africa.

So, we must learn and we have a sitting political party leader, my brother Sen. Governor of Mandera. As people who aspire to own or manage political parties, we should avoid this issue of tokenism. Your face value, how you walk, look like, talk and smile should be at the back stage because this is not a beauty contest. It is about the ability and competence.

Mr. Speaker, Sir, as one of the greatest champions of the MCAs in this House, I want to assure you because I engage with MCAs most of the time. When we rectify these issues including the welfare of MCAs and other issues, we shall make our county assemblies to be bastions of representation, legislation, oversight, making plans and budget-making programmes within the county executive.

I thank you.

Proceed, Sen. Mungatana.

Bw. Spika, asante kwa kunipa nafasi ili nitoe maoni yangu kwa ufupi kuhusu hii Ardhilhali ambayo iko mbele yetu.

Bw. Spika, pengine shida iliyoko wakati huu ni kwamba sheria ya tume ya uchaguzi ya IEBC inasema kuwa wale watakaopewa nafasi za kuteuliwa katika jimbo gatuzi ama Bunge kuu, wanajiandikisha mapema kabla ya watu kupiga kura.

Unapata wakati watu wanaenda kupiga kura, watu wazuri na wanasiasa ambao wamekomaa wanashindwa kwa bahati mbaya. Inakuwa hawawezi kuregeshwa kwa orodha ambayo iliandikwa na maafisa wa IEBC. Mtu wa siasa ambaye amejitolea kwa chama anakosa nafasi ilhali mwingine kwa sababu ya pesa ama kujuana na wakuu wa chama kile anapewa nafasi. Ardhilhali hii inafaa kuungwa mkono kwa njia zote. Itakapopelekwa kwa kamati husika, waambie waangalie ile sheria ya IEBC. Inafaa kubadilishwa na turudie ile sheria ya zamani.

Tungojee uchaguzi umalizike ili tutafute watu wetu wa chama na ambao hawakufaulu wawepewe zile nafasi ili watusaidie. Pia wanafaa kuweka ghadhabu na faini kali kwa wakuu wa chama wanaochukua pesa na kuendeleza ufisadi. Wanabadilisha majina na kuweka ya wale wasio katika kaunti na kuwapitisha kuwa wawakilishi wadi kule nyumbani.

Sitataja jina la kaunti lakini kuna kaunti jirani ya Tana River ambako Orange Democratic Movement (ODM) walileleta wawakilishi wadi kutoka nje. Watu walikasirika katika kaunti ya Kilifi na hawakutaka kuwaapisha wale watu. Ikawa ni shida. Lazima tuiangalie hii ardhihali na kuiunga mkono. Tunataka watu kutoka nyumbani wapewe nafasi hizi.

Kwa hayo mengi, lazima tuiangalie sheria na tuiunge mkono hii ardhilhali kabisa, ili haki ifanyike kwa wanasiasa wanaotoka kwa magatuzi yetu.

Proceed, Sen. Osotsi.

Thank you, Mr. Speaker, Sir. This is a very valid Petition in which the election law needs to be amended to allow only voters of a particular county to be nominated to the county assembly. That should not stop at the voters, they should also be a resident of that particular county.

Whereas I support this, political parties use nomination as a reward for those who have worked for the parties. I encourage Kenyans to belong, participate and work for their political parties. We have scenarios where political parties get fewer slots of nomination yet they have so many people to reward. That is why they end up nominating people who are not from those counties.

I encourage Kenyans wherever they are, kindly do not start to identify with a party during an election period only. Start participating in the political party process before and after the election so that you earn that nomination. You will not earn a nomination by virtue of being a resident or voter in an area. You must actively participate in the running and working of the party in order to earn it.

Mr. Speaker, Sir, even as we talk of amending the law, it is important for us as Parliament to start thinking of the reforms we want to make in the electoral legislation as early as now. This will stop the idea of hurriedly amending election laws just towards the election. We need to start this early. I am happy that the bipartisan dialogue is engaging

in this process to identify which areas of the law we need to amend. One area I recommend is the issue of allocation of nomination slots. We have left this to IEBC.

The formula that was used to allocate slots to political parties is administrative. It is not in law. We need to put it into law so that we are very clear on the formula used to award slots to UDA. I know of a party that only got two slots and ended up getting two nominations in the county yet another got 10 slots, but had three nominations.

As we talk about this, let us also talk about the formula of allocating slots to political parties so that the formula is fair to all.

I support.

Proceed Sen. Tobiko.

Thank you, Mr. Speaker, Sir. I rise to support this petition. We have seen a lot of things happening in political parties. As Sen. Wambua said, it is very interesting when you find the bigger political parties nominating people from different areas in other counties. Kajiado County because of its proximity to Nairobi City County has every Tom, Dick and Harry dumped there. It is not fair.

There were people in Kajiado County who supported political parties - l mean it is across the board in all political parties. They bring somebody from Mandera County to be nominated in Kajiado County. Everybody wants their girlfriends, wives or whoever to be nominated in Kajiado County, because it is easy for them to operate in Nairobi City County and go to Kajiado County and back. They do not know the issues affecting the people of Kajiado County.

There are people who campaigned for these political parties. They know the issues that affect the local people and they toiled for the political parties in Kajiado and in all other counties. Every person should benefit from where they campaigned. Where they worked is where they should get their slots. Those who campaigned for political parties in Kajiado County should be nominated by those parties in the county.

Kajiado County has become one of the most affected counties in this country. Those who campaigned for the parties are not considered yet there are very pertinent local issues that should be addressed in those county assemblies. These people do not know. They shall be here in Nairobi City County attending conferences not knowing what is affecting the people in Kajiado County as far as drought and other challenges are concerned.

I support.

Proceed, Sen. Ogola.

Thank you, Mr. Speaker, Sir. I rise to support the Petition about the nomination of MCAs from the voters of those wards and the residents of the respective counties. Assemblies and Parliaments are about representation. You represent the needs that you are closer to and have a lot of knowledge of.

Last week we were in Turkana County for the Senate Mashinani. Some of us got a face-to-face experience of the challenges that are in Turkana County. If I came to the Senate to represent Turkana County honestly, I would be talking about issues I know nothing of. It is until I was in Turkana County – over 50 years since I was born – that I learnt of the challenges they have. Devolution was incepted so that issues are sorted close

to the people. County Assemblies legislate over local issues because they are in touch with the people.

I support this Petition because there has to be equity in services that are given. Why would I be taken from Homa Bay County and represent Kilifi County. When I speak on the Floor of the Senate, I only bring issues and Statements of concerns from Homa Bay County where I come from. I only argue on issues that affect the people of Homa Bay County because I am alive to them. I am a resident of the county and know the challenges. This is the reason why I rise to talk about them.

The men and women nominated at the county assemblies must be residents of the respective counties. Then they will execute the issues raised. If nomination to county assemblies is left open, then we will leave it to the likes of Sen. Cheruiyot to decide. He has demonstrated that he was at the table that decided his party’s nominations. We are now aware of the loopholes. He has shown, that if we leave this duty to people in his position, we will get names of people nominated to county assemblies from all over. They will be names of people of their own interest, but not people with the interest of wards and counties, at hand.

I support this Petition with the whole of my body because if you want to talk about rewards in each ward, then you need to reward everybody that supported the party in each county. You cannot tell us that the only people whom you can reward are particular people found elsewhere, but not from the locals in counties.

The Assemblies are a devolved structure of representation of people, who are in those counties and not from elsewhere.

I support.

Sen. (Dr.) Khalwale, proceed.

Thank you, Mr. Speaker, Sir. This Petition which I support is a wakeup call and food for thought. A wake up call to the extent that we realize the need to amend the Constitution and make it more user friendly. When affirmative action was introduced in the Constitution, it was supposed to serve the principle of inclusivity and equal access to opportunities. With the benefit of hindsight, this has not been the case. This spirit only benefits party leaders directly or by default, their names are used to reward people purely on the basis of other considerations; shamelessly, including people nominating relatives, girlfriends and others selling out nominations.

In a place like Kakamega County, there are two MCAs who have been nominated from a neighbouring county. In the pretext that they come from community ‘x’ which is a minority in Kakamega County. What stops that political party from nominating people from that community that is a minority in Kakamega, but of people who live and come from Kakamega County and vote in the county.

I had the opportunity to be here in the 11th Parliament and a case arose where some leader had assisted a youth to be nominated. The youth was forced to surrender some of the perks to the fellow who assisted him to be nominated.

In conclusion, it begs the question – in view of all the abusive things Members are speaking to, do we need nominations? Even if we need it, can we create enough chances to meet the demand? The people who deserve to be nominated are many. If you are floating only 800 chances for nominations, you are not responding to the eight million

Kenyans who deserve to be nominated. We have to bite the bullet and say, “to hell with nominations, let men and women compete to become elected.”

I have close friends in this House who are nominated. I am not saying this with their names on my mind. In fact, my immediate neighbour, Sen. Nyamu can kick me on the side if she thought that I am having her in mind. We want to make Kenya better.

I am a father of a number of girls. I teach them every day that just like they beat boys in class, if your time comes to replace or copy me in politics go and beat men. There is a famous lady here, Sen. Tabitha Keroche, she beat great men in Nakuru County.

This is what we want to teach our children. We want to teach them to compete. I know Sen. Ogola wants to kill me, but this is it. Nominations are being abused from left, right to centre.

I support.

Sen. Madzayo, proceed. The Senate Minority Leader (Sen. Madzayo) :

Asante, Bw. Spika. Ningependa

Sen. Munyi Mundigi, you may have the Floor.

Asante Bw. Spika. Naunga mkono mambo ya vile vyama vitakuwa vikiteuwa watu. Ni mambo mengi sana yanafaa kuangaliwa. Seneti na Members of County Assembly (MCA) ni watu wa kuangalia vile pesa inafanya kazi mashinani.

Asante Bw. Spika. Naunga mkono mambo ya vile vyama vitakuwa vikiteuwa watu. Ni mambo mengi sana yanafaa kuangaliwa. Seneti na Members of County Assembly (MCA) ni watu wa kuangalia vile pesa inafanya kazi mashinani.

Kama ni mambo ya kupewa viti baada ya watu kuchaguliwa, naunga mkono iangaliwe vizuri. Hii ni kwa sababu, tumeona mambo mengi sana. Tunaweza kulaumu nomination ya MCA ilhali hata kwa Senate tumeona mambo mengi.

Ni mambo mengi sana yanafaa yaangaliwe. Kwa mfano, mtu amekaa kwa chama kwa muda gani, alikuwa amegombea kiti ama alikuwa anafanya kampeni. Pia, kwa Senate, watu wakichaguliwa lazima tuangalie. Hii ni kwa sababu, kama tunaangalia mambo ya pesa, hata kwa kaunti ni mambo ya pesa.

Ili sisi tuheshimike, inapaswa tujue huyu ni mtu wa aina gani. Hata iwe kwamba mtu yule amefanya kampeni na amechaguliwa, aangaliwe kwa mda wa miaka tatu ili kujua kama ako na akili timamu.

Tumeona watu wengine hata kwa Senate wakiwa na madharau. Unapata hata Senate inaaibika. Kwa hivyo, vile Senate inavyoaibika, ndivyo MCAs wanaibikia. Hii ni kwa sababu mtu anateuliwa kwa sababu zisizoeleweka; sijui ni mnono, ni mfupi au ako namna gani. Hayo yote lazima yakome.

Hata hapa kwenye Seneti, tumeona inagawanyika kwa sababu ya kitu kimoja. Utapata kuna mtu hawezi kuheshimu wafanyikazi au mfanyikazi hawezi kuheshimu Seneta aliyechaguliwa.

Naunga mkono lakini mambo mengi yaangaliwe. Pia, kabla mtu kuteuliwa, apelekwe hospitali achunguzwe kama anatumia dawa za kulevya.

I thank you, Mr. Speaker, Sir. Allow me to support the Petition that has been filed this afternoon before the House.

Why nomination in the first place? The question is very important. I take a cue from Sen. Osotsi when he affirms the fact that besides the requirement of the law to ensure that there is the two-thirds gender rule, like in the county assembly top-up and also in the Senate. We need to go beyond that and appreciate the fact that nomination also is a tool for reward to members who have worked and supported the party.

There is the need to make sure that such people who are nominated indeed would support the party even within the areas where they come from. In the case of the county assembly nominees, they must be people who come from within the county, so that they advance the interest of the people coming from that particular country.

Mr. Speaker, Sir, of course, we are aware that we have a team that is required to represent Persons with Disabilities (PWDs) , the minorities or even the gender top-up in the essence of those who are nominated in the county assemblies. Do they represent those interests if they do not come from within those counties or wards? The answer is no.

Therefore, it is most likely a high time to relook at the law and say, if we are after appreciating those who have supported the party, then we revert to the law as it were, so that those who lose in the course of nomination can now get to be rewarded.

If we want to be very objective in the nomination, then political parties are encouraged to ensure that the nominees or the people who they put in the list that goes to

I thank you, Mr. Speaker, Sir. Allow me to support the Petition that has been filed this afternoon before the House.

Why nomination in the first place? The question is very important. I take a cue from Sen. Osotsi when he affirms the fact that besides the requirement of the law to ensure that there is the two-thirds gender rule, like in the county assembly top-up and also in the Senate. We need to go beyond that and appreciate the fact that nomination also is a tool for reward to members who have worked and supported the party.

There is the need to make sure that such people who are nominated indeed would support the party even within the areas where they come from. In the case of the county assembly nominees, they must be people who come from within the county, so that they advance the interest of the people coming from that particular country.

Mr. Speaker, Sir, of course, we are aware that we have a team that is required to represent Persons with Disabilities (PWDs) , the minorities or even the gender top-up in the essence of those who are nominated in the county assemblies. Do they represent those interests if they do not come from within those counties or wards? The answer is no.

Therefore, it is most likely a high time to relook at the law and say, if we are after appreciating those who have supported the party, then we revert to the law as it were, so that those who lose in the course of nomination can now get to be rewarded.

If we want to be very objective in the nomination, then political parties are encouraged to ensure that the nominees or the people who they put in the list that goes to

Sen. Tabitha Keroche, you may have the Floor.

Thank you, Mr. Speaker, Sir. I rise to also support this Petition. I know that Sen. (Dr.) Khalwale praised me for having fought with men in Nakuru County and emerged as the only Kenya Kwanza woman Senator in this House. I think I need applause for that.

Thank you, Mr. Speaker, Sir. I rise to also support this Petition. I know that Sen. (Dr.) Khalwale praised me for having fought with men in Nakuru County and emerged as the only Kenya Kwanza woman Senator in this House. I think I need applause for that.

Thank you, Mr. Speaker, Sir, for this opportunity to contribute. May the record reflect that I am in support of this Petition.

Thank you, Mr. Speaker, Sir, for this opportunity to contribute. May the record reflect that I am in support of this Petition.

For your information, I happen to have served in the National Election Board of the ruling party. I am pretty much aware of and involved in the process that leads to the nomination of Members to various county assemblies, the Senate and the National Assembly.

Mr. Speaker, Sir, it is a concern that we have political parties that do not necessarily align with the dictates of what it means to nominate people to the county assemblies, Senate and National Assembly. I have no issues with the quality of leaders who came to the Senate and the National Assembly. My colleague, Sen. Mundigi, might be wrong by insisting on having some of us go through psychological tests or a psychiatrist.

It is unfortunate that these are words from my colleague Senator, but I know he has his own reasons. Otherwise, I strongly believe that the people we sent to this Senate are of sound mind and are doing their duty as required by the Constitution and the Standing Orders. As a party, we stand by that list.

Let me speak to the issue of political parties that nominate people who do not come from those localities, especially in our county assemblies. If you have ever worked in a political setup where there are many diverse competing interests, you nominate people who have been involved actively in the politics of the day and of that party.

Mr. Speaker, Sir, let us balance and have a thin line between those we sent to our county assemblies and those who have worked for and truly believe in the manifesto of that particular political party.

In some areas like Kwale County, where I come from, I am sad to say that I have personally been involved in a number of Petitions before the High Court in Mombasa. There was a ruling from the High Court in Mombasa that threw out about five Members of County Assemblies (MCAs) on the account that they are not people from Kwale County.

I might disagree with that ruling, but to some extent, it has the merit that it deserves. I am sorry to say this because the leader of the United Democratic Movement (UDM) is sitting with me here, as my colleague Senator. However, political parties gave us people from Mandera and Wajir to come and serve in the County Assembly of Kwale.

I shudder to imagine what someone from North Eastern knows about Kwale County. What issues would someone from a place like Kilifi, serving in Kwale County, articulate in that assembly? What issues affecting the livelihood of the people of Kwale would he be willing to advance, support and caucus?

Mr. Speaker, Sir, it is time we bring sanity to how we nominate our members to the county assemblies. It is time that nominations become purely an issue of balancing between the local politics of the day and the competence that is required.

Finally, I am a Member of the Committee that, perhaps, this Petition will come to. I am ready and willing to support my Chair, Sen. Sigei. I call upon many stakeholders to come out strongly. Let us argue, discuss and engage in a positive and serious discourse on how we nominate Members to our county assemblies.

We cannot afford to play politics with our county assemblies. If you all agree with me, county assemblies are the tier ones when it comes to matters of oversight. You cannot nominate girlfriends, people you know, cronies or relatives of those who run the

What is your point of order, Sen. Mandago?

Mr. Speaker, Sir, my point of order is on Standing Order No.105. I would like Sen. Chimera to tell this House how a girlfriend definition in politics comes in. There is a tendency that when people arrive in this House, they begin to accuse other women of being girlfriends and so forth, but during campaigns, the services of those girlfriends are highly sought. Can Sen. Chimera substantiate the statement?

I wonder what services are highly sought during campaigns. Otherwise, these girlfriends I am referring to are synonymous with the fact that they are girls, who are friends to those who matter in the party. Nothing else.

In conclusion, we would be more than willing to have robust discussions with various stakeholders, so that we can streamline how we conduct nominations. This way, we will get value for our nomination, for the money and the political party.

Mr. Speaker, Sir, I beg to support.

Hon. Senators, pursuant to Standing Order No.238

Hon. Senators, pursuant to Standing Order No.238

Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate, today 4th October, 2023-

Annual Report of the Public Service Commission (PSC) for Financial Year 2022/2023.

Annual Report of the National Cohesion and Integration Commission (NCIC) for Financial Year 2021/2022.

Office of the Controller of Budget (CoB) annual county government’s budget implementation review report for the Financial Year 2022/2023.

Is the Chairperson of the Committee on Delegated Legislation or any Member of the Committee here?

Next Order!

Statement pursuant to Standing Order No.52 (1) . Proceed, Sen. Nyamu.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern regarding the world’s breast cancer awareness month, the state of cancer disease in Kenya and the challenges facing victims of this dangerous disease.

Mr. Speaker, Sir, the month of October is a very important month in the global calendar of health and wellness. This is because it is the month dedicated to sensitizing and creating awareness about breast and other classes of cancer. The month marks the start of a global campaign to increase knowledge and support for people affected by the disease.

Mr. Speaker, Sir, allow me to share some shocking statistics about the state of cancer in Kenya, as released by the National Cancer Institute of Kenya (NCIK) in February, 2023. Statistics show that 70 per cent of cancers are diagnosed at advanced stages. Two-thirds of the diagnosed victims succumb to the disease. Only 23 per cent of all cancer patients in the country have access to cancer management and treatment services. On overage, the country records 47,887 new cases annually with 32,587 deaths annually. This translates to 89 deaths every single day.

No doubt, this is a great menace and a disaster to our nation; and if you are not infected, then you are definitely affected. None of us can claim to be safe or immune as the disease is not a respecter of any person, gender, race, tribe, age or even status in the society.

Despite the huge investment in the health sector every year, the low number of oncologists in Kenya continues to derail the war against cancer. Records from the Kenya Medical Practitioners database indicate that we have only about 100 oncologists in Kenya. They are expected to serve more than 50 million Kenyans. This translates to oncologist to patient ratio of 1:500,000.

This state of affairs is not only quite alarming, but has also put immense pressure on the few available public health facilities, leading to so much interruption of treatment and long waiting periods of patients. The situation is further exacerbated by the low intake of the National Hospital Insurance Fund (NHIF) cover, where only about 25 per cent of eligible Kenyans have actively taken up the cover. It is also observed that other

Sen. Lomenen, proceed.

Sen. Lomenen, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of county-wide and general topical concern, namely, The effects of Climate Change and the Mitigation Strategies in Turkana County.

I wish to draw the attention of the Senate to the severe impact of climate change that has befallen the Turkana community. Climate change is the extreme weather patterns and has inflicted profound suffering upon our people, the majority of whom rely on pastoralism for their livelihoods. It has caused loss of lives due to devastating floods, decimated our livestock through famine and drought, and brought about numerous other hardships.

Turkana County, situated in an arid and semi-arid region, relies heavily on agriculture as its primary source of livelihood. Agriculture sustains 74 per cent of our households and provides employment for 45 per cent of the population. According to the Kenya County Climate Risk Profile Series, the majority of our farmers practice pastoralism. Those along the banks of River Kerio and Turkwel engage in rain-fed and irrigated agriculture.

However, this dependency on agriculture makes our community particularly vulnerable to the adverse impact of climate change and variability. The effects of climate change in Turkana County manifests as unpredictable rainfall patterns, extreme rainfall events, frequent and prolonged dry weather and rising daytime temperatures.

Consequently, the County has experienced droughts, flies and intense rainfall as observed hazards. These hazards pause a growing threat to our agriculture sector. Drought and high temperatures in particular, constitute significant dangers to Turkana County. They result in pasture loss, livestock starvation, depletion of water sources and conflicts among pastoralists fighting for dwindling resources.

In contrast, the heavy rains experienced in Mt. Elgon and West Pokot regions along with the intense rainfall over the short periods, leads to floods. However, Turkana County’s ability to adapt to climate change has been hampered by inadequate resources and poor coordination among various institutions.

Mr. Speaker, Sir, to address these challenges and mitigate the effects of climate change, I call upon the Senate Standing Committee on Agriculture, Livestock and Fisheries to engage the National Government and consider the following recommendations to address the climate change adversity facing Turkana County:

Sen. (Dr.) Khalwale.

Thank you, Mr. Speaker, Sir. I have two Statements. The first one is pursuant to Standing Order No. 53 (1) , seeking a Statement from the Standing Committee on Labour and Social Welfare regarding---

Sen. (Dr.) Khalwale, we are still on statements pursuant to Standing Order No.52.

Sen. (Dr.) Khalwale, we are still on statements pursuant to Standing Order No.52.

What is your point of order, Sen. Mwaruma?

Mr. Speaker, Sir, I seek your indulgence because Sen. (Dr.) Khalwale is talking about the suspension of the operations of an assembly by the courts. If the matter is live in the court and he brings it here, does it not flout the sub judice rule? He is discussing the substance of the case in court and we need your guidance.

I thank you.

Sen. Mwaruma, under Standing Order No.103 (4) , a Senator alleging that a matter is sub judice shall provide evidence to show that paragraphs two and three are applicable. It means that you must prove that if it is criminal or civil case, and if it is active, arrangements for hearing have been made, it is set down for trial and that the proceedings are very much alive.

Therefore, rising on a point of order alleging sub judice means that you have to go beyond that allegation and prove that the matter is active, has been set for hearing and, therefore, cannot be a matter of discussion here. That is the requirement under Standing Order No. 103 (4) . He who alleges, proves.

You are the one who alleged sub judice and you are called upon under this Standing Order to lay evidence to that effect.

Mr. Speaker, Sir, I might not be a learned friend, but I am well- educated. When Sen. (Dr.) Khalwale said that the courts suspended the operations of the court until the matter is heard and determined, that means that the matter is live in court.

Therefore, I do not know any other understanding than the fact that this matter is live in court from his submissions.

I thank you.

The standards of proof is as contained under Standing Order No.103 (4) . Saying that there is an order pending hearing and determination of a case does not meet the requirement of Standing Order No. 103 (4) and that is why, that particular standard of proof was given in our Standing Orders to avoid the kind of general statements that this matter is active in court. You must go beyond that Statement, in fact, to some extent, table pleadings indicating that indeed this matter is active, it has been set for hearing and that judgement has not been pronounced, yet which evidence we do not have at the moment.

Therefore, from where I sit, I may have difficulty in appreciating that this matter is indeed sub judice and rule that the Senator is out of order. So, in the absence of that evidence, I will allow the Senator to conclude his Statement.

The standards of proof is as contained under Standing Order No.103 (4) . Saying that there is an order pending hearing and determination of a case does not meet the requirement of Standing Order No. 103 (4) and that is why, that particular standard of proof was given in our Standing Orders to avoid the kind of general statements that this matter is active in court. You must go beyond that Statement, in fact, to some extent, table pleadings indicating that indeed this matter is active, it has been set for hearing and that judgement has not been pronounced, yet which evidence we do not have at the moment.

Therefore, from where I sit, I may have difficulty in appreciating that this matter is indeed sub judice and rule that the Senator is out of order. So, in the absence of that evidence, I will allow the Senator to conclude his Statement.

Let us move to Statements pursuant to Standing Order No. 53 (1) .

The Statement for Sen. James Murango is dropped.

Let us move to Statements pursuant to Standing Order No. 53 (1) .

The Statement for Sen. James Murango is dropped.

Thank you, Mr. Speaker, Sir. I have two Statements to read.

Proceed to the second Statement.

Proceed to the second Statement.

Proceed, Sen. Murgor.

Proceed, Sen. Murgor.

Proceed, Sen. Ogola. Sen. Mwaruma, are you holding brief for Sen. Ogola?

Yes, Mr. Speaker, Sir. She has requested me to hold brief for her because she is attending to other exigencies.

Proceed.

Proceed.

Proceed, Sen. Lomenen.

Thank you, Mr. Temporary 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 status of construction of the Lodwar Court Building in Turkana County.

In the Statement, the Committee should:

Proceed, Sen. (Dr.) Khalwale.

Proceed, Sen. Wafula.

Proceed, Sen. Wafula.

Hon. Members, because of time, I shall give four Senators to respond to the Statements for three minutes each.

Proceed Sen. Cherarkey.

Thank you, Mr. Temporary Speaker, Sir, for the chance to say thank you. I know there are many Statements, but allow me to react to only one or two, to allow my colleagues to contribute.

I thank the Senator for Trans Nzoia County, Sen. Chesang, for bringing the issue of distribution of maize dryers to farmers across the North Rift.

As you are aware, we are experiencing a bumper harvest courtesy of the subsidized fertilizer that President William Ruto and his Government have provided. For the first time in many years, we are buying 50 Kilograms (Kg) of fertilizer for Kshs2,500. We used to buy it at Kshs7,500. We are projecting to harvest 60 million bags of maize across the country. As El Nino approaches, we are trying to harvest our maize. We ask the Government to quickly process and ensure each and every county, especially the North Rift, the breadbasket of the country, receives maize dryers.

We cannot dry our maize in the sun as we harvest. We will be forced to put them in stores. We are harvesting early before they dry because of the El-Nino rains. It is good that we are given dryers, so that they do not go bad due to aflatoxins. Aflatoxins cause food poisoning, which is dangerous for Kenyans.

Secondly, I ask the Government and farmers who have complained about this--- They need to know the price. The price of 90Kg of maize is Kshs3800. We need to cut it down from 90Kg to 50Kg because all the cereals are 50Kg. We request the Government that the minimum 50Kg bags of maize should have a price range of Kshs5,000 to Kshs7,000, so that we can get value for the work done in the farms.

Finally, on the issue of harvesting. Many people are wondering why we are requesting maize dryers to prevent post-harvest losses in the country. Sometimes we have milk, which causes milk-clot in the country. We have a lot of potato harvesting and even mung bean harvesting from Kitui and other counties. I propose that as a country we must revive a robust strategic grain reserve, so that we can store excess maize, mung beans, potatoes and milk. We must have a strategic grain reserve, so that when we experience the longest drought, like we have in the last few years, we can ensure that Kenyans do not hunger.

It is painful and sad to see any Kenyan losing their life because of hunger. As we harvest maize in the North Rift and across the country, the Government through strategic grain reserve, needs to also have the National Cereals and Produce Board (NCPB) open their stores and ensure farmers deliver the harvested maize.

For that indulgence, I thank you and congratulate all Senators who have processed their Statements today.

Thank you, Mr. Temporary Speaker, Sir, for the chance to say thank you. I know there are many Statements, but allow me to react to only one or two, to allow my colleagues to contribute.

I thank the Senator for Trans Nzoia County, Sen. Chesang, for bringing the issue of distribution of maize dryers to farmers across the North Rift.

As you are aware, we are experiencing a bumper harvest courtesy of the subsidized fertilizer that President William Ruto and his Government have provided. For the first time in many years, we are buying 50 Kilograms (Kg) of fertilizer for Kshs2,500. We used to buy it at Kshs7,500. We are projecting to harvest 60 million bags of maize across the country. As El Nino approaches, we are trying to harvest our maize. We ask the Government to quickly process and ensure each and every county, especially the North Rift, the breadbasket of the country, receives maize dryers.

We cannot dry our maize in the sun as we harvest. We will be forced to put them in stores. We are harvesting early before they dry because of the El-Nino rains. It is good that we are given dryers, so that they do not go bad due to aflatoxins. Aflatoxins cause food poisoning, which is dangerous for Kenyans.

Secondly, I ask the Government and farmers who have complained about this--- They need to know the price. The price of 90Kg of maize is Kshs3800. We need to cut it down from 90Kg to 50Kg because all the cereals are 50Kg. We request the Government that the minimum 50Kg bags of maize should have a price range of Kshs5,000 to Kshs7,000, so that we can get value for the work done in the farms.

Finally, on the issue of harvesting. Many people are wondering why we are requesting maize dryers to prevent post-harvest losses in the country. Sometimes we have milk, which causes milk-clot in the country. We have a lot of potato harvesting and even mung bean harvesting from Kitui and other counties. I propose that as a country we must revive a robust strategic grain reserve, so that we can store excess maize, mung beans, potatoes and milk. We must have a strategic grain reserve, so that when we experience the longest drought, like we have in the last few years, we can ensure that Kenyans do not hunger.

It is painful and sad to see any Kenyan losing their life because of hunger. As we harvest maize in the North Rift and across the country, the Government through strategic grain reserve, needs to also have the National Cereals and Produce Board (NCPB) open their stores and ensure farmers deliver the harvested maize.

For that indulgence, I thank you and congratulate all Senators who have processed their Statements today.

Thank you, Mr. Temporary Speaker, Sir. Very quickly, there is a Statement that was placed before the House by the Sen. (Dr.) Khalwale. The Statement resonates with me because it concerns the suspension of operations in Uasin Gishu County Assembly via a court order.

As Senators, our primary duty is set out in Article 98 of the Constitution. We are the protectors of all county assemblies and their governments. It is surprising and concerning that a court can sit and order the suspension of operations of a county assembly on the basis that the composition is not okay. This is a ridiculous order, which we must call for what it is.

The courts are independent organs, as is Parliament and the Executive. However, we work in complementarity. When courts start issuing orders such as this, maybe it is time for Parliament to disregard the orders and show them contempt. This is the contempt they are showing us as the representatives of the people.

Today it will be Uasin Gishu County Assembly and tomorrow it will be Tana River County Assembly. County assemblies make decisions on behalf of an entire county. We have voted to pass additional monies to counties, which have to be put through the process of appropriation by the county assemblies. Many things will stop because of a court order.

How can a court order injunct the work or elected representatives? Of all the Statements that have been made in this House, that Statement must concern all of us. The Committee that is dealing with the Statement must take it as a priority. We should be called to convert this House to a Committee of the Whole to discuss that matter. We cannot have courts behaving like this against elected representatives of the people.

I beg that the Statement be prioritized. Before we sit, the court should vacate those orders because the orders cannot be implemented. What will happen to the people of Uasin Gishu? The Senate must come out very---

Senator---

What is your point of order? If it is a Statement, I will give you an opportunity. Sen. Mandago, proceed.

Thank you, Mr. Temporary Speaker, Sir. I wish to comment on the Statement by Sen. Chesang on the issue of maize, dryers and prices of maize.

As the Committee considers this Statement, we would like it to get proper information from the Ministry of Agriculture and Livestock Development on the price farmers should expect to sell their maize. As we speak, maize has been harvested in parts of Uasin Gishu, Bungoma and Trans Nzoia counties. However, because of the rains farmers are experiencing difficulties in drying their maize. We cannot have Government resources that are lying idle like the dryers at the National Cereals and Produce Board

Thank you, Mr. Temporary Speaker, Sir. I wish to comment on the Statement by Sen. Chesang on the issue of maize, dryers and prices of maize.

As the Committee considers this Statement, we would like it to get proper information from the Ministry of Agriculture and Livestock Development on the price farmers should expect to sell their maize. As we speak, maize has been harvested in parts of Uasin Gishu, Bungoma and Trans Nzoia counties. However, because of the rains farmers are experiencing difficulties in drying their maize. We cannot have Government resources that are lying idle like the dryers at the National Cereals and Produce Board

Sen. Mwaruma, you have the Floor.

Asante, Bw. Spika wa Muda kwa nafasi uliyonipa kuchangia kwenye Kauli ambazo zimesomwa na Maseneta tofauti.

Ya kwanza ni Kauli ya Sen. Ogola ambayo aliuliza Kamati ya Leba na Ustawi wa Jamii kuhusu yanayotukia Kakuma Ranch. Wananchi wanahamasishwa kuendeleza usagaji na ushoga. Ni jambo la kutamausha kusikia kwamba kuna watu nchini kwenye refugee camp ambao wanashawishi wakenya kufanya ushoga. Kamati hii yafaa ifanye kazi nzuri kwa sababu swala la ushoga ni la kipepo. Korti zetu hazijasaidia kutatua hili swala kwani wamepitisha rulings ambazo zinasema kuwa ni haki ya mashoga na wasagaji kuwa na vyama vya ushirika.

Ya pili ni Kauli ambayo imetolewa na Sen. (Dr.) Khalwale, kuhusu viwanja vitakavyo tumiwa wakati wa Africa Cup of Nations (AFCON) , 2027. Lazima kuwe na uwazi wa mbinu na vigezo ambazo zitatumika kuangalia viwanja vitakavyo tumika, kama kuna manufaa yoyote kama vile sports tourism, wakenya wote wafaidike.

Nimeona kwenye vyombo vya habari kuwa kuna kiwanja kitakachojengwa kitakachokuwa na uwezo wa kuwa na viti 60,000. Kiwanja kitajengwa wapi? Nikisikia masuala ya viwanja mimi hucheka kwa kuwa serikali ya Jubilee wakati walikuwa wakiuza sera walisema kutakuwa na viwanja vya kimataifa katika kila Kaunti, lakini hii ilikuwa mbinu ya kupata kura. Kufikia leo Kaunti ya Taita Taveta haina uwanja wa kitaifa wala wa kimataifa.

Kauli iliyosomwa kuhusu mavuno ama post harvest prices – ni jambo la kuhuzunisha kwamba tumekuwa na njaa, shida ya mfumuko wa bei na hivi sasa wakulima wamepata mazao lakini wanauza mazao haya kwa bei ya hasara. Ni jambo la kuudhi kama serikali haiwezi kujiandaa.

Walisema kuwa wataenda Zambia kulima mahindi na kuleta Kenya kukabiliana na mfumuko wa bei. Hivi sasa wakulima wamevuna na hakuna mbinu wala mpangilio wa kununua chakula kutoka kwa wakulima. Serikali yetu lazima ijizatiti ili waweze kulisha wananchi.

Asante, Bw. Spika wa Muda kwa nafasi uliyonipa kuchangia kwenye Kauli ambazo zimesomwa na Maseneta tofauti.

Ya kwanza ni Kauli ya Sen. Ogola ambayo aliuliza Kamati ya Leba na Ustawi wa Jamii kuhusu yanayotukia Kakuma Ranch. Wananchi wanahamasishwa kuendeleza usagaji na ushoga. Ni jambo la kutamausha kusikia kwamba kuna watu nchini kwenye refugee camp ambao wanashawishi wakenya kufanya ushoga. Kamati hii yafaa ifanye kazi nzuri kwa sababu swala la ushoga ni la kipepo. Korti zetu hazijasaidia kutatua hili swala kwani wamepitisha rulings ambazo zinasema kuwa ni haki ya mashoga na wasagaji kuwa na vyama vya ushirika.

Ya pili ni Kauli ambayo imetolewa na Sen. (Dr.) Khalwale, kuhusu viwanja vitakavyo tumiwa wakati wa Africa Cup of Nations (AFCON) , 2027. Lazima kuwe na uwazi wa mbinu na vigezo ambazo zitatumika kuangalia viwanja vitakavyo tumika, kama kuna manufaa yoyote kama vile sports tourism, wakenya wote wafaidike.

Nimeona kwenye vyombo vya habari kuwa kuna kiwanja kitakachojengwa kitakachokuwa na uwezo wa kuwa na viti 60,000. Kiwanja kitajengwa wapi? Nikisikia masuala ya viwanja mimi hucheka kwa kuwa serikali ya Jubilee wakati walikuwa wakiuza sera walisema kutakuwa na viwanja vya kimataifa katika kila Kaunti, lakini hii ilikuwa mbinu ya kupata kura. Kufikia leo Kaunti ya Taita Taveta haina uwanja wa kitaifa wala wa kimataifa.

Kauli iliyosomwa kuhusu mavuno ama post harvest prices – ni jambo la kuhuzunisha kwamba tumekuwa na njaa, shida ya mfumuko wa bei na hivi sasa wakulima wamepata mazao lakini wanauza mazao haya kwa bei ya hasara. Ni jambo la kuudhi kama serikali haiwezi kujiandaa.

Walisema kuwa wataenda Zambia kulima mahindi na kuleta Kenya kukabiliana na mfumuko wa bei. Hivi sasa wakulima wamevuna na hakuna mbinu wala mpangilio wa kununua chakula kutoka kwa wakulima. Serikali yetu lazima ijizatiti ili waweze kulisha wananchi.

Mr. Temporary Speaker, Sir, Veronica is a very beautiful name in the Catholic faith. She is the woman who had the presence of mind to wipe the face of Christ when he was going to be crucified. Veronica is a very important name.

Mr. Temporary Speaker, Sir, the matter of football is very important just like Lingala music. You remember when Franco Luambo used to come to this country, there is even a time he went to Mumias. People broke the gates, sold all their chickens in their compounds to go and see Luambo Makiadi.

When we chose where to locate these stadia, let us be awake to the fact that there are some areas where football is virtually a religion and it will get full following. Those areas need to be rewarded with a tournament like this.

The most prominent Kenyan football player Mr. Wanyama, comes from Busia. He is putting up a stadium at a place called Mungatsi. Maybe the Government should do a partnership and that Kshs60 million be given to Wanyama to complete that stadium so that we have a world class stadium in Busia. It can also host the Africa Cup of Nations (AFCON) . Uganda is equally football fanatical. People will cross the border on foot to come and watch when it is in Busia. I request that we put the stadium in Busia.

Secondly, homosexuality is a religion and it is being pushed in a way that we have to be very careful about. Therefore, that Statement about homosexuality in our refugee camps being promoted is equally important. It should be given the priority of place.

On the question of schools, I think the Ministry should step in when schools get into a situation like this and not leave it to the individual head teachers who have no other resources. The institution should be bailed out.

I wish to deviate a bit to the question of court orders. Yesterday, something began in this House, which should never happen in a democratic society. Court orders must be obeyed not on their merit, but simply because they are court orders.

Mr. Temporary Speaker, Sir, Veronica is a very beautiful name in the Catholic faith. She is the woman who had the presence of mind to wipe the face of Christ when he was going to be crucified. Veronica is a very important name.

Mr. Temporary Speaker, Sir, the matter of football is very important just like Lingala music. You remember when Franco Luambo used to come to this country, there is even a time he went to Mumias. People broke the gates, sold all their chickens in their compounds to go and see Luambo Makiadi.

When we chose where to locate these stadia, let us be awake to the fact that there are some areas where football is virtually a religion and it will get full following. Those areas need to be rewarded with a tournament like this.

The most prominent Kenyan football player Mr. Wanyama, comes from Busia. He is putting up a stadium at a place called Mungatsi. Maybe the Government should do a partnership and that Kshs60 million be given to Wanyama to complete that stadium so that we have a world class stadium in Busia. It can also host the Africa Cup of Nations (AFCON) . Uganda is equally football fanatical. People will cross the border on foot to come and watch when it is in Busia. I request that we put the stadium in Busia.

Secondly, homosexuality is a religion and it is being pushed in a way that we have to be very careful about. Therefore, that Statement about homosexuality in our refugee camps being promoted is equally important. It should be given the priority of place.

On the question of schools, I think the Ministry should step in when schools get into a situation like this and not leave it to the individual head teachers who have no other resources. The institution should be bailed out.

I wish to deviate a bit to the question of court orders. Yesterday, something began in this House, which should never happen in a democratic society. Court orders must be obeyed not on their merit, but simply because they are court orders.

Sen. Veronica Maina, you are on the screen.

Yes, I am next. Mr. Temporary Speaker, Sir, thank you for this opportunity. I want to comment on the Statement brought to this House by Sen. Chesang on the distribution of maize dryers to farmers.

A few weeks ago, I brought a Statement on the Floor of this House seeking to know how prepared we were from the county governments right up to the national Government on how we would manage the bumper harvest especially, the grain. Unfortunately, though agriculture is a devolved function, we have not seen any report tabled to this House by the Standing Committee on Agriculture, Livestock and Fisheries regarding the questions that I raised in that Statement.

There is a big problem in that because, at the point when I brought that Statement to this House and it was committed to the Standing Committee on Agriculture, Livestock and Fisheries, there was no mention of El Nino rains then. Unfortunately, a few weeks later, which is now, the nation has moved into the preparation for the impending El Nino rains.

Do we have a problem on how governance is carried out in Kenya? Yes. We need to have a change and take the law more seriously than we are doing. First of all, at the county level, when the Constitution devolves agriculture to the county governments, does that send any message or signal to a county Government what they should be doing about agriculture?

It is high time we started to hold respective county Governments responsible for anything that goes wrong in functions that are fully devolved to them. I am saying this because, when I see a Statement by our colleague Sen. Chesang talking about the Government outlining measures on how maize dryers are being availed to the farmers, we need those measures to be outlined, not just by the mention of the word “government”, it should be outlined by the county governments.

County Governments must now take responsibility for food security within their regions. At a particular time, the Senate will have to hold specific county governments responsible for any harvest that comes from within their county, which suffers post- harvest losses. This is because, it is not that God has not blessed the nation of Kenya. Indeed, when we look at the bumper harvest that is coming in, only to have Kenyans complaining after a few months that they have no food, I think we are mismanaging different aspects and devolved functions that have gone to county governments. It should be the pride of every county government to see that they have reserves and stores---

Yes, I am next. Mr. Temporary Speaker, Sir, thank you for this opportunity. I want to comment on the Statement brought to this House by Sen. Chesang on the distribution of maize dryers to farmers.

A few weeks ago, I brought a Statement on the Floor of this House seeking to know how prepared we were from the county governments right up to the national Government on how we would manage the bumper harvest especially, the grain. Unfortunately, though agriculture is a devolved function, we have not seen any report tabled to this House by the Standing Committee on Agriculture, Livestock and Fisheries regarding the questions that I raised in that Statement.

There is a big problem in that because, at the point when I brought that Statement to this House and it was committed to the Standing Committee on Agriculture, Livestock and Fisheries, there was no mention of El Nino rains then. Unfortunately, a few weeks later, which is now, the nation has moved into the preparation for the impending El Nino rains.

Do we have a problem on how governance is carried out in Kenya? Yes. We need to have a change and take the law more seriously than we are doing. First of all, at the county level, when the Constitution devolves agriculture to the county governments, does that send any message or signal to a county Government what they should be doing about agriculture?

It is high time we started to hold respective county Governments responsible for anything that goes wrong in functions that are fully devolved to them. I am saying this because, when I see a Statement by our colleague Sen. Chesang talking about the Government outlining measures on how maize dryers are being availed to the farmers, we need those measures to be outlined, not just by the mention of the word “government”, it should be outlined by the county governments.

County Governments must now take responsibility for food security within their regions. At a particular time, the Senate will have to hold specific county governments responsible for any harvest that comes from within their county, which suffers post- harvest losses. This is because, it is not that God has not blessed the nation of Kenya. Indeed, when we look at the bumper harvest that is coming in, only to have Kenyans complaining after a few months that they have no food, I think we are mismanaging different aspects and devolved functions that have gone to county governments. It should be the pride of every county government to see that they have reserves and stores---

Thank you, Mr. Temporary Speaker, Sir. My comments regard the Statement sought by the Senator for Trans Nzoia County, Sen. Chesang, regarding the maize dryers.

Mr. Temporary Speaker, Sir, you remember, when the fertilisers subsidy programme was introduced, some of us expressed concern that subsidising fertiliser alone will not lower the price of food in this country. We said this because farming is a process. It involves many things including fertiliser, land preparation, harvesting and post-harvest loses.

When we only subsidise fertiliser and the fuel prices went to the roof, this means that the cost of land preparation went up. When the cost of land preparation went up, the farmers cannot sell their maize cheaply. I have heard our colleagues saying that the price of maize should not be less that Kshs5,000. If the price of maize will not be less than Kshs5,000, it means, food prices will not go down.

Mr. Temporary Speaker, sir, the only thing which the Government should do is to accept to subsidise consumption. This is so that the Government buys from the National Cereals and Produce Board (NCPB) stores at that high price, which the farmers are rightfully demanding and then sell it a little cheaply to the millers. The millers can then sell unga at a cheaper price to the consumers.

If we do not do that, there is no way we are going to reduce the price of food. Farmers will not sell their produce cheaply because they did not produce it cheaply. If they did not produce is cheaply, how can they sell it cheaply? If they do not sell it cheaply, how is the price of unga going to go down? This is a dilemma which the Government must resolve. They must go back on their word. They must subsidise food and consumption so that the wananchi can benefit from the subsidised fertilizer.

In future, we also have to go to the subsidy of the fuel prices so that farmers can produce food cheaply.

Thank you, Senator. Proceed, Sen. Munyi Mundigi.

Asante Bw. Spika wa Muda. Naunga mkono Sen. Chesang. Mimi ni Naibu Mwenyekiti wa Kamati ya Kilimo.

Ningeomba mambo ya mbegu za kupanda iangaliwe. Kwa mfano, hakuna mbegu katika sehemu ya Mt. Kenya. Kwa hivyo, Kenya Seed Company Limited ichunguze ni nini inafanyika. Tunataka bei ya unga irudi chini. Sasa tunangoja mvua. Tumepokea fertilizer kwa bei ya chini vijijini lakini shida ni kuwa hakuna mbegu za kupanda kama vile mahindi na mimea ingine. Naomba Serikali iangalie kunavyoendelea kwa sababu mvua iko karibu kunyesha.

Pili, naunga mkono Sen. Nyamu kuhusiana na ugonjwa wa saratani. Tunajua kuwa ugonjwa huu hautambui maskini au tajiri. Naomba uchunguzi ufanywe ili ugonjwa

Asante Bw. Spika wa Muda. Naunga mkono Sen. Chesang. Mimi ni Naibu Mwenyekiti wa Kamati ya Kilimo.

Ningeomba mambo ya mbegu za kupanda iangaliwe. Kwa mfano, hakuna mbegu katika sehemu ya Mt. Kenya. Kwa hivyo, Kenya Seed Company Limited ichunguze ni nini inafanyika. Tunataka bei ya unga irudi chini. Sasa tunangoja mvua. Tumepokea fertilizer kwa bei ya chini vijijini lakini shida ni kuwa hakuna mbegu za kupanda kama vile mahindi na mimea ingine. Naomba Serikali iangalie kunavyoendelea kwa sababu mvua iko karibu kunyesha.

Pili, naunga mkono Sen. Nyamu kuhusiana na ugonjwa wa saratani. Tunajua kuwa ugonjwa huu hautambui maskini au tajiri. Naomba uchunguzi ufanywe ili ugonjwa

Proceed, Majority Whip.

Thank you, Mr. Speaker, Sir. I would like to congratulate Sen. Mwaruma for the Statement he made on behalf of Sen. Ogola.

On this business of homosexuality, people must know that for that reason alone, we can go and close Kakuma Camp. There is no single African community that promotes homosexuality. In fact, in all African communities, there are only two sexes; a man and a woman.

What is more, is that our Constitution, in Article 45 (1) and (2) , states that- “ (1) The family is a natural and fundamental unit of society and the necessary basis for social order, and shall enjoy the recognition and protection of the state

“ (2) Every adult has the right to marry a person of the opposite sex, based on free consent of the parties”

We are not going to be belittled simply because we are not as rich as those people who robbed our African wealth to become richer than us. In fact, people of Ikolomani, Kakamega, Nyatike in Migori and Ghana are at war.

When you go to the House of Lords, you see a 20-feet high throne on which the King sits, made of pure gold that was mined from Ikolomani, Ghana and Nyatike. They owe us the riches they speak to have. I, therefore, wish to condemn that practice in Kakuma and appeal to the Head of State, who has no time for homosexuality, to ensure that order is brought in Kakuma.

Mr. Temporary Speaker, Sir, finally, I would like to comment on the Statement by Sen. Chesang about the cost of maize. It does not matter what the Government will do. All we are asking for as representatives of the farmers of Lugari and Likuyani in Kakamega, Bungoma, Trans Nzoia and Uasin Gishu is that whatever price maize is going to be sold by the farmers should guarantee them minimum return on their investment.

I have heard the Senator of Siaya speak about subsidies. This thing can be worked out. It is possible for all our farmers to be helped to sell their maize to the National Cereals and Produce Board (NCPB) and be given a guarantee of minimum return. What the Government does ---

Thank you. Proceed, Majority Leader.

Thank you, Mr. Temporary Speaker, Sir. I congratulate Sen. Chesang on this Statement of maize dryers.

I am bothered and disturbed. Why do Government officials who are put in office and maintained by taxpayers lose their minds the minute they are in the position of administration?

Thank you, Mr. Temporary Speaker, Sir. I congratulate Sen. Chesang on this Statement of maize dryers.

I am bothered and disturbed. Why do Government officials who are put in office and maintained by taxpayers lose their minds the minute they are in the position of administration?

Thank you, Senator. Sen. Gataya Mo Fire, you are a bit late in putting your request, but I will allow you to speak.

Thank you, Senator. Sen. Gataya Mo Fire, you are a bit late in putting your request, but I will allow you to speak.

Next Order.

Next Order.

Thank you, Mr. Temporary Speaker, Sir. I started contributing to this Bill in the Morning. While contributing to it, I was talking about mineral royalties. I was concerned that there were no clear criteria in the allocation of these royalties. You find one region got close to Kshs2.5 billion and the Western region where I come from, got Kshs16,000. Bungoma, Busia and Vihiga counties got zero while Kakamega got Kshs16,000.

This is happening and yet in our region, we see people prospecting and mining gold. We are concerned with the criteria that were used. The Bill is not very clear on that. This confirms the fears expressed by Sen. Mandago, that some of the people in charge of

Thank you, Mr. Temporary Speaker, Sir. I started contributing to this Bill in the Morning. While contributing to it, I was talking about mineral royalties. I was concerned that there were no clear criteria in the allocation of these royalties. You find one region got close to Kshs2.5 billion and the Western region where I come from, got Kshs16,000. Bungoma, Busia and Vihiga counties got zero while Kakamega got Kshs16,000.

This is happening and yet in our region, we see people prospecting and mining gold. We are concerned with the criteria that were used. The Bill is not very clear on that. This confirms the fears expressed by Sen. Mandago, that some of the people in charge of

On a point of information, Mr. Temporary Speaker, Sir.

Sen. Osotsi, would you like to be informed by Sen. Mandago?

Sen. Mandago is my friend. He is also a seasoned politician and former Governor. Let him inform me.

Thank you, Mr. Temporary Speaker, Sir, and Sen. Osotsi for indulging me. I just wanted to let the distinguished Senator for Vihiga County know that the industrial parks are a joint venture between the county and the national Government.

Counties, in their budget-making process, already allocated Kshs250 million and they are the ones responsible for procuring. The national Government will then send funds as conditional grants. That is why the money for the industrial parks is part of the additional allocation we were processing. That is why the respective Cabinet Secretary is launching so that the processes can begin because we all know that contractors will not consume the money at the same time.

Thank you Sen. Osotsi for indulging me to inform you.

Sen. Osotsi, proceed.

Thank you, Mr. Temporary Speaker, Sir. What the good Senator has said is what we all know. It is in the public domain. However, I was referring to this Bill where only 18 counties have been allocated the KShs250 million. Again, most of these

Thank you, Mr. Temporary Speaker, Sir. What the good Senator has said is what we all know. It is in the public domain. However, I was referring to this Bill where only 18 counties have been allocated the KShs250 million. Again, most of these

Sen. Wafula?

Thank you, Mr. Temporary Speaker, Sir, for this opportunity to contribute to the County Governments Additional Allocations Bill (National Assembly Bills No.23 of 2023) .

Mr. Temporary Speaker, Sir, I appreciate that for the first time we have figures that are coming down to the counties that we represent and that these monies have been clustered to where they are going to. This one is part of oversight, legislation and representation to the people that we represent who are aware of how much is coming and allocated to what. However, we are going to demand a breakdown of these monies, per item and per activity.

Three weeks ago, I was on the ground in Bungoma to check on the status of medical supplies. Those with carnal minds and who do not understand that the work of a Senator is oversight, told us that our work is to allow money to come, sit back in our rotating chairs waiting to do post-mortem on failing county governments. The money for aggregation industrial parks that the county is giving is Kshs250 million and the national Government is giving Kshs250 million.

The bottom line is that this is a devolved function and those activities must be championed by the county government. It means that the tenders given must be tendered by the county government. These mega projects must be done by the great people of the specific county government. We cannot have mega projects being stage mentioned from the centre in Nairobi at the expense of potential contractors or tender people who can exactly execute these programmes.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity to contribute to the County Governments Additional Allocations Bill (National Assembly Bills No.23 of 2023) .

Mr. Temporary Speaker, Sir, I appreciate that for the first time we have figures that are coming down to the counties that we represent and that these monies have been clustered to where they are going to. This one is part of oversight, legislation and representation to the people that we represent who are aware of how much is coming and allocated to what. However, we are going to demand a breakdown of these monies, per item and per activity.

Three weeks ago, I was on the ground in Bungoma to check on the status of medical supplies. Those with carnal minds and who do not understand that the work of a Senator is oversight, told us that our work is to allow money to come, sit back in our rotating chairs waiting to do post-mortem on failing county governments. The money for aggregation industrial parks that the county is giving is Kshs250 million and the national Government is giving Kshs250 million.

The bottom line is that this is a devolved function and those activities must be championed by the county government. It means that the tenders given must be tendered by the county government. These mega projects must be done by the great people of the specific county government. We cannot have mega projects being stage mentioned from the centre in Nairobi at the expense of potential contractors or tender people who can exactly execute these programmes.

Mr. Temporary Speaker, Sir, I will rally colleague Senators that as much as we support the Government in ensuring that the industrial parks are done, the people working in our counties should be given these opportunities. In Bungoma, the money for fertilizer is about Kshs242,962,800. These are monies that we must be able to follow to every farmer, the way the Government gives people registered this fertilizer. We must know how many bags are being procured by the county government, how many farmers have gotten this fertilizer, where they are and what amount of produce these people are getting.

Let us not find ourselves trying to pump money into a bottomless pit and yet, we cannot account for that money we are pumping to the grassroots. That means that the executive members in every country through the advice of the governor must always give back to the county assemblies on the outcome of the monies that we give, whether there is improvement, where the shortfall is and ensure that this works.

Mr. Temporary Speaker, Sir, I am seeing in Bungoma Kshs335,809,000 for livestock chain supply. This is a drop in the ocean, but we appreciate. Monies that have been broken to various sectors in this Bill must be accountable and they should be ready to see us in every ministry and department. The Controller of Budget (CoB) as well as the Office of the Auditor-General (OAG) must supply this honourable House with every detail of the monies that are being consumed.

Let us not be a House of post-mortem, but let us be a House that does budget tracking by the use of Government institutions that have been mandated to execute this work. Let us not wait for Sen. Osotsi and Sen. M. Kajwang’ to be giving us reports and yet we are the sole oversighters of our counties.

Mr. Temporary Speaker, Sir, I have seen monies for leasing of medical facilities. I come from Bungoma, Sen. Okiya Omtatah from Busia and my great miracle Senator is here. We are paying large amounts of money for this leased equipment in our counties. Time is up and we have to call a spade a spade. Are we sure whether these facilities or equipment we are paying money for are on the ground, are being used by our people and there is return for money?

If not, I then request this House to instruct and advise Sen. Mandago that we revisit this wardrobe of skeletons. You can imagine this amount and yet the facilities are not on the ground. These monies can equip our facilities with CT Scans and other medical equipment that our people travel for from Bungoma to Eldoret, Kenyatta National Hospital (KNH), and Kisumu and yet we are not seeing these facilities being used.

Mr. Temporary Speaker, Sir, I am going to consult my people on the ground. If these monies are being paid for things that are not there, I will come back to this Floor of the House and initiate a process that we must recover the monies that are being galloped by projects that cannot be accounted for. We are seeing monies from the national Government as grants but I say here that we are opening a new chapter; and our people must be ready to see their Senators follow every coin, at every corner it shall be, in order to ensure that at the end of our five-years’ work, we can stand and gallantly say that we worked for the people, and that we gave to Caesar what belongs to Caesar and to God what belongs to God.

I thank you, Mr. Temporary Speaker, Sir.

Thank you, Mr. Speaker, Sir, for this opportunity to contribute to this important Bill. This is the best way of dispensing with county additional allocations because previously, conditional grants were appropriated through the National Assembly.

Today, we can track these monies through this Bill. For example, my County has money from development partners totalling to Kshs1.3 billion. We also have money for conditional allocations to country governments from mineral royalties totalling Kshs51.7 million, cash that was not there in the past. We would like to laud the Ministry of Petroleum and Mining for making it possible for counties to share mineral royalties because previously, we had been told that it was not possible to share these royalties because regulations were not there then. I am happy that the current Cabinet Secretary has made it possible for us to benefit from these resources.

Mr. Temporary Speaker, Sir, we also have grants from the national Government totalling to Kshs110,638,298 and we also have leasing medical equipment totalling to Kshs124,723,404.30. We have money for conditional grants for provision of fertilizer subsidies totalling Kshs43.4 million.

The problem of these conditional grants, just like in the problems of shareable revenue, is not the taking of the money to counties, but it is how to oversight this money. If you look at the money for leasing medical equipment totalling Kshs124 million for Taita Taveta and this is not the first time my County is getting money for Managed Equipment Scheme (MES) , my County is still low on provision of healthcare. We do not have even a single Intensive Care Unit (ICU) despite the fact that we have been getting MES.

Mr. Temporary Speaker, Sir, the problem has been oversight. Where does this money sink to? The Senate is only expected to wait for the CoB’s and OAG’s reports for us to find out where the Auditor-General finds fault. However, if at all we will get the money for oversight, then we would be able to go down and lay our own infrastructure to make sure that we oversight this money.

Mr. Temporary Speaker, Sir, if you look at this money, for example, Kshs21 million for livestock value chain support project, this is very little money. Taita Taveta is endowed with a lot of land, about 1.4 million acres available for ranching for the rangelands. If you give us Kshs21 million only for value addition for livestock, this is a paltry sum, but it is a good beginning. Perhaps, it is something that we can begin with.

If I look at the Exploratory Data Analysis (EDA) or the World Bank grants meant to increase market participation and value addition for targeted farmers totalling to Kshs255 million, this is quite an amount of money for my county.

Nonetheless, again the problem is the wastage that happens in the county for lack of proper oversight. I have been experiencing for the last six years a lot of loss of these funds because when they are appropriated and they go to implement the ward projects, the ward administrators that is the MCAs, connive with the suppliers and supply air.

I was told of a story where these grants were used to supply farmyard manure. For each lorry that was supplying, it was divided into three and counted as one. So, if you supply 50 lorries of farmyard manure, they were being counted as 150 because it is times

Thank you, Mr. Speaker, Sir, for this opportunity to contribute to this important Bill. This is the best way of dispensing with county additional allocations because previously, conditional grants were appropriated through the National Assembly.

Today, we can track these monies through this Bill. For example, my County has money from development partners totalling to Kshs1.3 billion. We also have money for conditional allocations to country governments from mineral royalties totalling Kshs51.7 million, cash that was not there in the past. We would like to laud the Ministry of Petroleum and Mining for making it possible for counties to share mineral royalties because previously, we had been told that it was not possible to share these royalties because regulations were not there then. I am happy that the current Cabinet Secretary has made it possible for us to benefit from these resources.

Mr. Temporary Speaker, Sir, we also have grants from the national Government totalling to Kshs110,638,298 and we also have leasing medical equipment totalling to Kshs124,723,404.30. We have money for conditional grants for provision of fertilizer subsidies totalling Kshs43.4 million.

The problem of these conditional grants, just like in the problems of shareable revenue, is not the taking of the money to counties, but it is how to oversight this money. If you look at the money for leasing medical equipment totalling Kshs124 million for Taita Taveta and this is not the first time my County is getting money for Managed Equipment Scheme (MES) , my County is still low on provision of healthcare. We do not have even a single Intensive Care Unit (ICU) despite the fact that we have been getting MES.

Mr. Temporary Speaker, Sir, the problem has been oversight. Where does this money sink to? The Senate is only expected to wait for the CoB’s and OAG’s reports for us to find out where the Auditor-General finds fault. However, if at all we will get the money for oversight, then we would be able to go down and lay our own infrastructure to make sure that we oversight this money.

Mr. Temporary Speaker, Sir, if you look at this money, for example, Kshs21 million for livestock value chain support project, this is very little money. Taita Taveta is endowed with a lot of land, about 1.4 million acres available for ranching for the rangelands. If you give us Kshs21 million only for value addition for livestock, this is a paltry sum, but it is a good beginning. Perhaps, it is something that we can begin with.

If I look at the Exploratory Data Analysis (EDA) or the World Bank grants meant to increase market participation and value addition for targeted farmers totalling to Kshs255 million, this is quite an amount of money for my county.

Nonetheless, again the problem is the wastage that happens in the county for lack of proper oversight. I have been experiencing for the last six years a lot of loss of these funds because when they are appropriated and they go to implement the ward projects, the ward administrators that is the MCAs, connive with the suppliers and supply air.

I was told of a story where these grants were used to supply farmyard manure. For each lorry that was supplying, it was divided into three and counted as one. So, if you supply 50 lorries of farmyard manure, they were being counted as 150 because it is times

three. So, you must place adequate infrastructure to oversight the way these funds are used.

I would like to say that the problem is the MCAs because the structure is not okay to oversight the county assembly and they have been crying that they want to be made autonomous.

So, when the county executive is implementing the projects, but then there are no reports coming to the county assembly in good time, for example, the Public Finance Management Act (PFMA) stipulates that, “every three months there should be reports from the county executive to the county assembly.”

When these reports are not given to the county assembly, there is nothing much that is done to the county executive. However, when the county assembly, sometimes tries to impeach on the strength of lack of those reports, then at the Senate level we would talk about threshold.

Mr. Temporary Speaker, Sir, I heard the Controller of Budget (CoB) also lamenting that this issue is not only prevalent in the county assemblies, it is also there in the other Ministries, departments and agencies. So, I do not know how we can amend the PFMA, so that we criminalize this issue of not supplying documents in good time.

Mr. Temporary Speaker, Sir, if the Senate Oversight Fund comes to fruition, I think we should set a structure so that when the executive of the counties gives documents or the quarterly reports to the county assembly and they give the copies to the office of the CoB, then, some of those reports are brought to the Senate for scrutiny.

We can have adequate staff to look at those documents, so that we can deal with that oversight in real time, other than waiting for the money to be stolen, then wait for the Auditor-General’s report to come and do post-mortem for somebody who died a long time ago.

I am happy that we are taking this money to the counties. However, it is disheartening to note that most of this money will go to waste. As Sen. Wafula has clearly stated, we are taking a lot of money in terms of the MES money. However, if you look at our hospitals or the state of our medicare, it is still in deplorable condition. For instance, in my County of Taita/Taveta, we do not even a CT scan and the basic materials of pharmaceuticals to make sure that our people are able to access quality medicare.

So, what we do, we go to the neighbouring counties of Makueni that is Makindu and Mombasa where we take all our revenue there. Then some of our people go to Tanzania, that is Moshi Kilimanjaro Christian Medical Centre (KCMC).

If this money is well used and with the passage of the FIF law that we passed the other time, I can assure you that if the leased medical equipment scheme is well used, then our hospitals can be used as a source of revenue that will then make sure that our people get quality health services.

Mr. Temporary Speaker, Sir, I am very happy today as a Senator that we were able to benefit from royalties from the minerals at an amount that is about in the excess of Kshs51 million. However, I know if we were to be serious as the people of Taita Taveta, we should have earned much more money than this Kshs51 million.

There are people who have become billionaires because of mining in Taita Taveta County both at the ranches and in the national park. If we had a good mechanism of

On a point of information, Mr. Temporary Speaker.

Sen. Mwaruma, would you like to be informed by Sen. Mandago

Yes, by my friend, Senator Mandago, anytime. Thank you, Mr. Temporary Speaker, Sir.

Yes, by my friend, Senator Mandago, anytime. Thank you, Mr. Temporary Speaker, Sir.

Thank you, Mr. Temporary Speaker, Sir. That is very refreshing news.

Mining for us is almost what we rely on, to create wealth. If it is lifted, I would be extremely happy because our people can go back to mining and raise revenue for the Government. We can get more money in terms of grants that come from minerals.

Since we have started getting royalties from minerals, we are also awaiting royalties from the vast land that is hosting the Tsavo conservation area. We are not getting anything yet Section 76 of the Wildlife Management Act, 2013 stipulates that 5 percent of the money that is raised from the conservation area should go to the community surrounding Tsavo. That has not been forthcoming.

I am happy that when the President came to Taita-Taveta County for prayers, he made an edict that 50 percent of what is collected from the Tsavo conservation area should go to Taita/Taveta County. I came to the Senate and requested for a Statement. The Cabinet Secretary brought a response. It is very sad to note that in her response, she stated that we even collect less than what is available to run the Tsavo conservation area.

What we are crying for, since we bear the highest brand of harm together with the loss of lives and livelihoods by the wild animals, is a way of sharing what is collected with our county. If we borrow money to supplement the running of the Tsavo conservation area, it should include that which can go to mitigate the human-wildlife conflict. When I hear people say that we are getting fertilisers so that we can produce more, for me, it does not make sense. Even if we get the fertiliser and farm, we cannot harvest because when you are almost harvesting the elephants come and eat all the crops.

The idea of subsidized fertilisers to aid in bringing down the cost of living is a jargon we do not understand. More refreshing is that very soon, we are going to benefit in terms of royalties from carbon credits. We harvest a lot of carbon credit from the 1.4 million acres. If the legislation that we passed here is operationalised, we are going to benefit a lot from its royalties. Much as we are talking of the money going to counties, our concern has been the money left at the national Government. It is not benefitting us.

In 2020, we started a project in Taita-Taveta County which I was given by former President Uhuru Kenyatta, worth Kshs2.2 billion. A road from Mubura, Mugange, Wundanyi and Mtoa Magoti. Up to today, it has only been given Kshs89 million. In this financial year, only Kshs 98 million has been allocated to it, yet the year of completion is next year, September 2024. You wonder, if other counties are getting a lot of money, why can we not get enough money to complete one project in four years costing Kshs2.2 billion from 2020 to 2023?

We should come up with a framework to see how revenue left at the national Government is equitably shared so that some counties that have no shares or few people bringing votes into the President's basket are given the opportunity to benefit from the national cake.

Thank you, Mr. Temporary Speaker, Sir. That is very refreshing news.

Mining for us is almost what we rely on, to create wealth. If it is lifted, I would be extremely happy because our people can go back to mining and raise revenue for the Government. We can get more money in terms of grants that come from minerals.

Since we have started getting royalties from minerals, we are also awaiting royalties from the vast land that is hosting the Tsavo conservation area. We are not getting anything yet Section 76 of the Wildlife Management Act, 2013 stipulates that 5 percent of the money that is raised from the conservation area should go to the community surrounding Tsavo. That has not been forthcoming.

I am happy that when the President came to Taita-Taveta County for prayers, he made an edict that 50 percent of what is collected from the Tsavo conservation area should go to Taita/Taveta County. I came to the Senate and requested for a Statement. The Cabinet Secretary brought a response. It is very sad to note that in her response, she stated that we even collect less than what is available to run the Tsavo conservation area.

What we are crying for, since we bear the highest brand of harm together with the loss of lives and livelihoods by the wild animals, is a way of sharing what is collected with our county. If we borrow money to supplement the running of the Tsavo conservation area, it should include that which can go to mitigate the human-wildlife conflict. When I hear people say that we are getting fertilisers so that we can produce more, for me, it does not make sense. Even if we get the fertiliser and farm, we cannot harvest because when you are almost harvesting the elephants come and eat all the crops.

The idea of subsidized fertilisers to aid in bringing down the cost of living is a jargon we do not understand. More refreshing is that very soon, we are going to benefit in terms of royalties from carbon credits. We harvest a lot of carbon credit from the 1.4 million acres. If the legislation that we passed here is operationalised, we are going to benefit a lot from its royalties. Much as we are talking of the money going to counties, our concern has been the money left at the national Government. It is not benefitting us.

In 2020, we started a project in Taita-Taveta County which I was given by former President Uhuru Kenyatta, worth Kshs2.2 billion. A road from Mubura, Mugange, Wundanyi and Mtoa Magoti. Up to today, it has only been given Kshs89 million. In this financial year, only Kshs 98 million has been allocated to it, yet the year of completion is next year, September 2024. You wonder, if other counties are getting a lot of money, why can we not get enough money to complete one project in four years costing Kshs2.2 billion from 2020 to 2023?

We should come up with a framework to see how revenue left at the national Government is equitably shared so that some counties that have no shares or few people bringing votes into the President's basket are given the opportunity to benefit from the national cake.

Sen. Okiya Omtatah proceed.

Thank you, Mr. Temporary Speaker, Sir. First of all, this Chamber needs some air conditioning. Some of us are very uncomfortable putting on neckties and we are not used to it in this environment. You need to do something about the air conditioning.

The question of subsidies in this country needs to be rationalised. We have countries that are very heavy on subsidies but the Government does not involve itself in handling the product. The Government uses vouchers which are then redeemed at stores.

The mess we get in issues of fertiliser as I was seeing in my county where the fertilizer was brought to Malaba, to get to Osieko, you have to pass through Busia and then Siaya by road. It makes no sense for somebody to travel all those kilometers to get fertiliser. These subsidy programmes should borrow a leaf from countries like India, which have very heavy subsidy programmes but use a voucher system. You can go to a regular store with a voucher and buy fertiliser which is discounted. The fellow who gets the voucher redeems it from the government in a very tidy manner.

Secondly, this money that is being added to the other money given to counties through the Bill would not be happening if we paid particular attention to the Commission on Revenue Allocation Act, 2011. There is a definition there for revenue that blocks counties from accessing the revenue they are entitled to. We do not access revenue made by state corporations. That is national revenue.

I urge this House to look at the Commission on Revenue Allocation Act, 2011 and define revenue to mean all taxes imposed by the national Government under Article 209 of the Constitution and any other revenue including investment income that may be authorised by an Act of Parliament but excludes revenue referred to under Article 209 (4) . That is okay because it is county revenue.

There is no basis for excluding revenue under Article 206 (1) (a) and (b) of the Constitution which is made by various parastatals from the totality of the revenue to be shared. We need to look at that in order for us to have a bigger cake to be shared and our counties will be entitled to slightly more revenue than they are getting.

The issue of leasing medical equipment is a tragedy. It is something that should have been stopped like yesterday. I have even gone around my county and found that this equipment can hardly be traced. It interferes with the capacity of counties to procure what they require. They procure and the money is used for leasing these equipment which they had no hand in acquiring. We need to free counties. If this money is given to counties, let them procure what they require on the ground.

On the question of minerals, I am very saddened that Busia County has received zero allocation in revenues yet we are one of the biggest sources of magnetic iron ore that is lying idle in Samia hills. We also have gold being mined irregularly in areas like Bumutiru. The Cabinet Secretary for Interior and National Administration went there because there were major problems that have emerged with the haphazard mining of minerals. We expected that the Cabinet Secretary, having gone to the ground and seen the challenges, would have allocated resources to construct a police station to police the

Thank you, Mr. Temporary Speaker, Sir. First of all, this Chamber needs some air conditioning. Some of us are very uncomfortable putting on neckties and we are not used to it in this environment. You need to do something about the air conditioning.

The question of subsidies in this country needs to be rationalised. We have countries that are very heavy on subsidies but the Government does not involve itself in handling the product. The Government uses vouchers which are then redeemed at stores.

The mess we get in issues of fertiliser as I was seeing in my county where the fertilizer was brought to Malaba, to get to Osieko, you have to pass through Busia and then Siaya by road. It makes no sense for somebody to travel all those kilometers to get fertiliser. These subsidy programmes should borrow a leaf from countries like India, which have very heavy subsidy programmes but use a voucher system. You can go to a regular store with a voucher and buy fertiliser which is discounted. The fellow who gets the voucher redeems it from the government in a very tidy manner.

Secondly, this money that is being added to the other money given to counties through the Bill would not be happening if we paid particular attention to the Commission on Revenue Allocation Act, 2011. There is a definition there for revenue that blocks counties from accessing the revenue they are entitled to. We do not access revenue made by state corporations. That is national revenue.

I urge this House to look at the Commission on Revenue Allocation Act, 2011 and define revenue to mean all taxes imposed by the national Government under Article 209 of the Constitution and any other revenue including investment income that may be authorised by an Act of Parliament but excludes revenue referred to under Article 209 (4) . That is okay because it is county revenue.

There is no basis for excluding revenue under Article 206 (1) (a) and (b) of the Constitution which is made by various parastatals from the totality of the revenue to be shared. We need to look at that in order for us to have a bigger cake to be shared and our counties will be entitled to slightly more revenue than they are getting.

The issue of leasing medical equipment is a tragedy. It is something that should have been stopped like yesterday. I have even gone around my county and found that this equipment can hardly be traced. It interferes with the capacity of counties to procure what they require. They procure and the money is used for leasing these equipment which they had no hand in acquiring. We need to free counties. If this money is given to counties, let them procure what they require on the ground.

On the question of minerals, I am very saddened that Busia County has received zero allocation in revenues yet we are one of the biggest sources of magnetic iron ore that is lying idle in Samia hills. We also have gold being mined irregularly in areas like Bumutiru. The Cabinet Secretary for Interior and National Administration went there because there were major problems that have emerged with the haphazard mining of minerals. We expected that the Cabinet Secretary, having gone to the ground and seen the challenges, would have allocated resources to construct a police station to police the

Sen. Okiya Omtatah, would you like to be informed by Sen. Wambua?

Sen. Okiya Omtatah, would you like to be informed by Sen. Wambua?

Thank you Mr. Temporary Speaker, Sir. I thank my brother Sen. Okiya Omtatah. The issue you are raising on the conflict between the National Treasury and the Ministry of Finance is the genesis of the problems of funding to county governments. Alive to this challenge, I have drafted a Bill to which I will need your input. We must separate the National Treasury from the Ministry of Finance, so that the it feeds both the national Government and the county governments. You cannot have a situation where the Ministry of Finance and the National Treasury are the same institution and are expected to serve both levels of Government equally or equitably.

Sen. Okiya Omtatah, this is work in progress. I hope this House will support the move.

I thank you.

Thank you, Mr. Temporary Speaker, Sir. You can see the bishop has spoken with authority. I am happy that there is work ongoing in that direction. Sen. Wambua, borrow the expertise of some of the most brilliant minds in this country in terms of the structure of the devolution and Chapter 12 of the Constitution, for example, Dr. Mutakha Kangu who has done a lot of work on the Constitution. He could benefit the Bill if you approach him. That is a Bill that is long overdue.

If we do not separate the National Treasury from the Ministry of Finance, devolution will go nowhere. This is the elephant in the room. Once we do that, we will have the 47 administrative units approach the National Treasury and be served independent of each other. However, as long as the national Government thinks that it is the financier of counties, then counties will go nowhere.

This is why I found the statement by the President – welcome as it was – on release of revenue to counties made because of absence of a framework. There should be a framework whereby revenues are disbursed to counties without the goodwill of an individual. We thank the President for the goodwill he expressed and the political action he took to make sure money was released in the time it was. However, if the National Treasury was separate from the Ministry of Finance and was autonomous, it would have been doing it without the prompting of the Head of State who would be left to do more serious work that he is supposed to do for this country.

I support the direction we are going where a Bill on additional revenue is brought to the Senate and does not end up as a question to the National Assembly. However, going forward, the use of the equitable share that remains in the national Government must be validated by the Senate. The Senate is charged with ensuring there is equitable development of this country. The Senate must check, correct and state circumstances where counties in certain regions are getting the lion share of revenue. The idea that it is only the National Assembly that should supervise the revenue that remains with the national Government is not anchored in the Constitution of Kenya. That one goes against the principles of devolution. Senators are custodians of devolution and the cardinal issues of devolution to ensure equitable development of the country.

Thank you, Mr. Temporary Speaker, Sir. You can see the bishop has spoken with authority. I am happy that there is work ongoing in that direction. Sen. Wambua, borrow the expertise of some of the most brilliant minds in this country in terms of the structure of the devolution and Chapter 12 of the Constitution, for example, Dr. Mutakha Kangu who has done a lot of work on the Constitution. He could benefit the Bill if you approach him. That is a Bill that is long overdue.

If we do not separate the National Treasury from the Ministry of Finance, devolution will go nowhere. This is the elephant in the room. Once we do that, we will have the 47 administrative units approach the National Treasury and be served independent of each other. However, as long as the national Government thinks that it is the financier of counties, then counties will go nowhere.

This is why I found the statement by the President – welcome as it was – on release of revenue to counties made because of absence of a framework. There should be a framework whereby revenues are disbursed to counties without the goodwill of an individual. We thank the President for the goodwill he expressed and the political action he took to make sure money was released in the time it was. However, if the National Treasury was separate from the Ministry of Finance and was autonomous, it would have been doing it without the prompting of the Head of State who would be left to do more serious work that he is supposed to do for this country.

I support the direction we are going where a Bill on additional revenue is brought to the Senate and does not end up as a question to the National Assembly. However, going forward, the use of the equitable share that remains in the national Government must be validated by the Senate. The Senate is charged with ensuring there is equitable development of this country. The Senate must check, correct and state circumstances where counties in certain regions are getting the lion share of revenue. The idea that it is only the National Assembly that should supervise the revenue that remains with the national Government is not anchored in the Constitution of Kenya. That one goes against the principles of devolution. Senators are custodians of devolution and the cardinal issues of devolution to ensure equitable development of the country.

Sen. Veronica Maina, you may have the Floor.

Mr. Temporary Speaker, Sir, thank you for this opportunity to contribute to this important debate on the County Governments Additional Allocations Bill.

This Bill forms the basis of a good law in the making because it appears to be a redesign of the funding model for the counties and allocates additional funding to the county budgets. It is an assuring legislation because, ideally, it should give a lot of comfort to the funding and development partners. It is also a framework for accountability for any funding sources that are given to the counties.

Mr. Temporary Speaker, Sir, I have looked at the provisions of this Bill. In Clause 3 of this Bill, I see an open clause which talks about one of the objects being; “to provide for additional allocations from proceeds of loans and grants from development partners”

I do not know the extent of the loans and grants provided for here but I see an opportunity for the proposer of this Bill to make sure that the clause is not open-ended,

Mr. Temporary Speaker, Sir, thank you for this opportunity to contribute to this important debate on the County Governments Additional Allocations Bill.

This Bill forms the basis of a good law in the making because it appears to be a redesign of the funding model for the counties and allocates additional funding to the county budgets. It is an assuring legislation because, ideally, it should give a lot of comfort to the funding and development partners. It is also a framework for accountability for any funding sources that are given to the counties.

Mr. Temporary Speaker, Sir, I have looked at the provisions of this Bill. In Clause 3 of this Bill, I see an open clause which talks about one of the objects being; “to provide for additional allocations from proceeds of loans and grants from development partners”

I do not know the extent of the loans and grants provided for here but I see an opportunity for the proposer of this Bill to make sure that the clause is not open-ended,

and that it is subjected to other relevant laws in Kenya that then limits the loans and grants that are sent to whatever level of government, including, the county Governments. That is so that it does not open the brackets and the percentages of the amounts of loans or grants. Grants are not limited but the loans need to be conditioned to the set limits that are spelt out under the relevant laws in Kenya.

I believe this is a Bill that is long overdue. While it provides for many functions in the county, I believe it is one that now forms a basis for establishing a better mechanism to monitor and oversight on how these funds are spent. Since this sends additional allocations to the counties, there is always the risk in our county governments of these funds being misused.

I am looking at some of the funding being sent to the building of the county headquarters. We have several counties where the headquarters have not been completed 13 years since the commencement of devolution concept in Kenya. The question is: Why have these headquarters not been completed? What goes wrong and what is the end date for the completion?

With such a Bill, one of the limits it should set now, because it is not year one after devolution commenced in Kenya, is an end date for all the counties to complete their county headquarters. This is so that, we do not have additional funds being allocated for construction and completion of county headquarters. When we visit, we still find that those headquarters are not completed.

A case in point is Turkana County where we have just come from. We looked at the Turkana County Government offices. They were small semi-permanent cubicles. The question one asks themselves is why has it taken these many years for those headquarters to be completed? We could see a very impressive structure being constructed but it has not been utilised by the Turkana people for the many years it has not been completed.

My proposal is that, even as funding is allocated to the county headquarters named in the Schedule in this Bill, we should always have an end date for their completion. If they are not completed within the period that is set after that allocation is done, then there should be financial penalties accruing to the delays.

It should be just akin to building contracts where if a construction is not completed within the time spelt out in that contract. If it is the contractor who has delayed and funding has been provided, then, they pay penalties which are quantified in terms of money.

I believe if we have to encourage counties to be more expedient in their management of resources, then we should be including sanctions within such Bills so that any county government that fails to comply with that model, then starts to lose the funding. People will then understand whether the people managing those counties are qualified or not, or they are just not able to deliver the projects that are needed by the people.

I have also looked at the Schedule attached to the Bill that shows how the Kshs5 billion on fertiliser has been disbursed to the various counties. I have noted that some counties, maybe those that are agricultural based, have benefited a lot from the subsidy. I have also noted that some of the counties did not benefit much because maybe, they did not appropriate this benefit that was accruing to the counties.

It therefore means, if this Bill is utilised properly by the counties, they will be able to assess their performance in various aspects. For instance, in agriculture, using this matrix that is set out here in this Schedule, a county is able to say that it received this much in agriculture and its produce is this much. We can tell whether there is return on investment.

All counties should be gauged against what they have benefited from through this County Governments Additional Allocations Bill. This Bill should have a monitoring matrix that helps us to see whether when funding is directed to counties, it eventually benefits the people who are residents in that county.

Mr. Temporary Speaker, Sir, regarding the court fines, I have noted that in some of the counties including Murang’a and many others, there is no allocation for the court fines that have been collected. For instance, I have seen that Nyandarua, Nyamira, Trans- Nzoia, Vihiga and West Pokot counties have little allocated under court fines. It is only 1,650.20. I believe it is quoted in shillings. The schedule does not show whether the quote of the figures is in millions. Mandera is Kshs1,028.

Unless there is a problem with the Schedule, it then means that nobody was fined in that county. So, no amount has been allocated. There is a need to check whether that is the accurate position or not.

When I look at page 588, the Second Schedule in that Bill, the allocation for mineral royalties, for instance, for Garissa is Kshs844,691.51. The same allocation is put against the court fines. Does it mean that the royalties were equal to the fines or is there a typo?

The same goes for Kajiado, Kshs660, 242,991.11 allocated against the mineral royalties and the court fines. That is repeated for Kilifi, Kisii, Kwale, Nandi, Samburu and Siaya counties.

I believe there was a typo or replication of the figures between the mineral royalties and the court fines. That would then need to be amended so that we can have an accurate statement of the figures that are being sent in that direction.

Mr. Temporary Speaker, Sir, regarding the royalties that are being earned from the mining, the figures that are quoted here are an understatement.

If you look at some of the gemstones and the special minerals that are being sold worldwide, Kshs600, 000 or Kshs1 million is very little in terms of a country or county budget. It therefore means that we have not harnessed the full value of the resources that are within our country. Maybe, it is because of the environment that we have been in where even mining licences were frozen. They have not been issued. The Cabinet Secretary for Mining, Blue Economy and Maritime Affairs, our friend, Hon. Salim Mvurya, has been to this House and confirmed that they are not issuing mining licences anymore until they are ready to issue them.

We urge the Ministry to open up this area because these resources are ready for harnessing. Although the licences are not being issued, we still have illegal miners who are taking advantage of the minerals and the environment that we are in. They are still trading on those minerals behind the Government’s back.

We need to put that area under control. The only way to do it is to bring back the licensing. That way, the Government will understand who is mining the minerals, where,

Proceed, Sen. Wakili Sigei.

Thank you very much, Mr. Temporary Speaker, Sir, for granting me the opportunity to also contribute to this very important and significant piece of legislation.

We are discussing the means by which our county governments are given additional funding over and above the resources which have already been shared in the allocations that this House also passed three months ago.

The aim of this legislation is to give supplementary funds from development partners and additional conditional grants from the national Government. It is one of

Thank you very much, Mr. Temporary Speaker, Sir, for granting me the opportunity to also contribute to this very important and significant piece of legislation.

We are discussing the means by which our county governments are given additional funding over and above the resources which have already been shared in the allocations that this House also passed three months ago.

The aim of this legislation is to give supplementary funds from development partners and additional conditional grants from the national Government. It is one of

those legislations that we should pride ourselves as a House. It ensures that our county governments are financed in order for them to serve the people at the county level. It also ensures that service delivery to the people is not hindered by the non-release of funds from the national Government.

Mr. Temporary Speaker, Sir, I am aware that the additional amount that this particular legislation will give to the county governments is a whooping Kshs56 billion. The Kshs56 billion on top of Kshs385 billion takes us to a great amount of Kshs445 billion. Once disbursed, county governments will have no reason not to serve the people who elected them into office.

Mr. Temporary Speaker, Sir, under Article 189 of the Constitution, there is cooperation between the national Government and the county government. This legislation confirms the Government of the day supports devolution. This is evident in the additional revenue coming from conditional allocations and the national Government's conditional grants.

Clauses 1 to 5 are general clauses that break down the sources of funds. It starts from the grants from various development partners including the World Bank and others. There is also a provision of the amount that each development partner is giving. This confirms the source of the funds.

Clause 8 is an important provision in the Bill. It gives the County Treasury an obligation under the provision of the Public Finance Management (PFM) Act to report to this House. This will ensure that the Senate oversights prudent use of the devolved resources. This will be achieved through reporting.

Under Clause 8(b), the County Treasury is required to provide an actual expenditure by the county allocations made under the provision of the various schedules in this Bill. Therefore, I urge this House to ensure that this provision is enforced to the letter. That way, the Senate will have an opportunity to ensure the resources are not abused and, therefore, services meant for the people are provided.

Under Clause (8)(d), the County Treasury is required to explain any material problem in the expenditure allocations made under this Act; or compliance with any conditions of allocations set out in the Inter-Governmental Agreement. This is another way of ensuring that the resources, however much or little, are accounted for. In case of any challenge or problem that the county government faces in utilizing the resources fully, it should be written in the report that comes to this House.

If this House ensures that this legislation is fully enforced, then the amounts that will be shared by the national Government to the county governments will be properly utilized for the benefit of the people we represent. Ours is to oversight monies to county governments.

The schedules that have particularised the various allocations are key. This is because it gives each allocation an expected outcome. For example, the First Schedule provides for conditional allocation. It has listed a specific amount of the grants from the national Government under column one. Under Column C, there are conditional grants for leasing medical equipment.

Mr. Temporary Speaker, Sir, several Senators have spoken about this issue. We are also aware that this issue has previously been litigated in various courts. It is a sad

reality that we are still allocating resources to the tune of Kshs124 million, which some counties are saying that the equipment that we have been paying for has never been delivered. It is high time the House dealt with this issue by ensuring that it only releases money for equipment that was supplied.

Column E provides conditional grants for the provision of the fertilizer subsidy programme. This is a boost to the programme of the Kenya Kwanza Government to ensure increased production from farmers. Consequently, the cost of living will be lowered.

Previously in this House, we have talked about the cost of maize through a Statement that was presented by the Senator for Trans Nzoia County. This is a product of this subsidy programme that the Government has pushed to subsidise production instead of consumption.

I note that under this Schedule, Bomet County Government is getting an additional Kshs131 million for the subsidy of the fertilizer programme. Under the same column, the entire amount that the county government is going to receive in addition to what it received, is Kshs256,407,000. We expect this amount to go into providing services to the people. As earlier commented by Senators, county governments have no reason not to deliver.

Thank you, Senator. Sen. Wambua.

I thank you, Mr. Speaker, Sir, for this opportunity to also add my voice to the County Governments Additional Allocation Bill, 2023. I also thank my friend and brother, Sen. Wakili Sigei for yielding some time for me to contribute. It is a good day that the Senate is discussing additional allocations to county governments because under Article 96 of the Constitution, the Senate and individual Members of the Senate are required to oversight funds that are generated nationally and allocated to our counties.

Whereas I support this Bill, there is need for cleaning it up because words have meaning. I am almost offended when we talk about the national Government allocating money to county governments when the true wording would be, allocation of resources of revenues to county governments, which resources have been collected nationally. It is the Treasury that is supposed to be allocating money to both the national Government and the county governments.

Mr. Temporary Speaker, Sir, there would be need to reword this Bill so that someday, many years to come, when the great-grandchildren of the Senator for Kakamega, Sen. (Dr.) Khalwale are seated in the House reviewing a Bill that their grandfather passed, they will not be wondering what the problem was with their grandfather and whether he read that Bill properly. Cleaning this Bill up will be important.

On particulars of the Bill, I will only touch on three items because I do not have a lot of time. The first one is the First Schedule – additional funds for the construction of county headquarters. We must get to a point where we draw the line. I have been in this House for the last six years and every year, there is a conversation about money being allocated for the completion of construction of county headquarters. Those county

I thank you, Mr. Speaker, Sir, for this opportunity to also add my voice to the County Governments Additional Allocation Bill, 2023. I also thank my friend and brother, Sen. Wakili Sigei for yielding some time for me to contribute. It is a good day that the Senate is discussing additional allocations to county governments because under Article 96 of the Constitution, the Senate and individual Members of the Senate are required to oversight funds that are generated nationally and allocated to our counties.

Whereas I support this Bill, there is need for cleaning it up because words have meaning. I am almost offended when we talk about the national Government allocating money to county governments when the true wording would be, allocation of resources of revenues to county governments, which resources have been collected nationally. It is the Treasury that is supposed to be allocating money to both the national Government and the county governments.

Mr. Temporary Speaker, Sir, there would be need to reword this Bill so that someday, many years to come, when the great-grandchildren of the Senator for Kakamega, Sen. (Dr.) Khalwale are seated in the House reviewing a Bill that their grandfather passed, they will not be wondering what the problem was with their grandfather and whether he read that Bill properly. Cleaning this Bill up will be important.

On particulars of the Bill, I will only touch on three items because I do not have a lot of time. The first one is the First Schedule – additional funds for the construction of county headquarters. We must get to a point where we draw the line. I have been in this House for the last six years and every year, there is a conversation about money being allocated for the completion of construction of county headquarters. Those county

Sen. Wambua, you will have a balance of 11 minutes when this debate resumes.

Sen. Wambua, you will have a balance of 11 minutes when this debate resumes.

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow Thursday, 15th October, 2023 at 2.30 p.m.

The Senate rose at 6.30 p.m.