Wednesday, 6th August, 2025 Afternoon Sitting

Clerk, confirm whether we have quorum.

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

Clerk, if we have quorum, let us proceed. Hon. Senators, I have a Communication to make.

Proceed and assume your seats fast.

Hon. Senators, when the Chair is upstanding, the House should be silent. Sen. Dullo, the Chair is upstanding.

Temporary Speaker, Sen. Wakili Sigei, MP, directed that the Senator substantiates the allegation at the next sitting day.

Pursuant to Standing Order No.105(2), I now invite Sen. (Dr.) Khalwale, MP, to forthwith substantiate the claim as raised in the point of order by Sen. Wafula Wakoli, MP, failure to which Sen. (Dr.) Khalwale, shall be deemed to be disorderly within the meaning of Standing Order No.121. In the absence of such substantiation, the Senator will be required to withdraw the statement and apologise to the Senate.

Sen. (Dr.) Khalwale, you can either table the evidence---

Thank you, Mr. Deputy Speaker, Sir. I understand your advice to me. I want to confirm that I am in a position to substantiate the statement that I made yesterday.

To help me make that substantiation, because it is a grave matter, it is not against a fellow sitting Senator, it is not even about the Speaker of the Senate; it is about the Speaker of the other House. It is a matter that touches on Chapter Six of the Constitution, and the Ethics and Integrity Act. For this reason, I would like the House to allow me, having gathered evidence from Trans Nzoia to Kisumu, Kakamega, Busia, Lamu and Kirinyaga, to invite the ICT Department to play out this evidence, so that I am not belittled to be on a game of witch-hunt.

With your permission, I now want you to allow the ICT to play the substantiation. An hon. Member: Play it!

I do not know the content of what you want to be played. So, I request the Secretariat to take possession, you table it and then I will go and review that evidence.

Yes!

Then you go and review it!

Order, Sen. Cherarkey. You know you have no capacity to direct me on the ruling I should make.

Sen. (Dr.) Khalwale, I have said you table the evidence that you have. I told you there are two things. Table the evidence to substantiate your statement. So, if you feel like you have it, proceed and table it.

Mr. Deputy Speaker, Sir, I proceed as guided.

And I table!

Play it!

Mr. Deputy Speaker, Sir, can he withdraw and seek for forgiveness?

Hon. Senators, this is not a simple matter.

Yes

So, allow me to sleep over this evidence, review it and then give a Communication tomorrow on whether it meets the threshold or not. That has been the procedure.

An hon. Member: On a point of order.

I do not know who is out of order. Is it myself? I have directed. The matter rests.

Not on this issue until I review this evidence.

An hon. Member: Clarification, Mr. Deputy Speaker, Sir.

What are you clarifying?

An

What you have ruled on. This is serious.

This is not a matter of debate. It is a matter between the Chair and the affected Senator. I will give guidance after reviewing that evidence. It is so ruled.

An hon. Member: On a point of clarification, Mr. Deputy Speaker, Sir.

Next Order.

Order, Sen. Wambua. This is a very simple and straightforward matter. I do not know why you are making noise. I have made my ruling.

Hon. Senators, as you may recall, on 12th June, 2025, I made a detailed Communication on the application of Standing Order No.101, and personal Statements pursuant to Standing Order No.58. In the Communication, I directed hon. Senators to adhere to the provisions of Standing Order No.101 while making contributions to debates in the Senate.

I emphasised that it will be out of order for any Senator to make adverse references to the personal conduct of office holders referred to in the Standing Order without a substantive Motion. However, statements of facts are permissible in debates on a question before the Senate. While the context of the Communication was in reference to Standing Order No.101, the full spectrum of Standing Order No.101 must be appreciated. Specifically, I drew the attention of hon. Senators to Standing Order No.101 (4) , which it states as follows-

“No Senator shall impute improper motive to any other Senator or to a member of the National Assembly except upon a specific substantive Motion of which at least three days' notice has been given, calling in question the conduct of that Senator or a Member of the National Assembly.”

In the course of his speech, Sen. (Dr.) Khalwale made comments that imputed improper motive on the Speaker of the Senate and the Speaker of the National Assembly. The two officeholders are Members of Parliament (MPs).

Therefore, Senators, let me not proceed from there because I will determine whether the issue has been substantiated properly. I leave it at that.

Clerk, call the next Order. The Senate Majority Leader, proceed.

Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday, 6th August, 2025-

Hon. Senators, we have a Supplementary Order Paper, please switch to it. It is on your gadgets.

Next is Chairperson, Standing Committee on Delegated Legislation.

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, Wednesday, 6th August, 2025-

Report of the Select Committee on Delegated Legislation on its consideration of the Environmental Management and Coordination

(No. 2)

Regulations, 2025, Legal Notice No.71 of 2025.

Thank you.

I am laying the said Paper; I will give notice of Motion.

The Chairperson Standing Committee on Trade, Industrialisation and Investments, proceed.

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 6th August, 2025-

Report of the Standing Committee on Trade, Industrialisation and Tourism on its consideration of the Cooperatives Bill (National Assembly Bills No.7 of 2024) .

I thank you.

Clerk, let us go to the next Order. The Chairperson Standing Committee on Delegated Legislation, give the notice of Motion.

Thank you, Mr. Deputy Speaker, Sir. I beg to give Notice of the following Motion-

THAT, the Senate adopts the Report of the Select Committee on Delegated Legislation on its consideration of the Environmental Management and Co- ordination

(No.2)

Regulations, 2025, Legal Notice No.71 of 2025, laid on the Table of the Senate on Wednesday, 6th August, 2025; and that pursuant to Section 18 of the Statutory Instruments Act, the Senate resolves to annul the Environmental Management and Co-ordination

(No. 2)

Regulations, 2025, Legal Notice No. 71 of 2025.

Thank you.

Clerk, let us go to the next Order.

We have two Statements under Standing Order No.53 (1) . The first one is from Sen. Sigei Hillary. The Senator is not present?

That Statement is dropped.

(The Clerk-at-the-Table consulted with the Deputy Speaker) Hon. Senators, let me rearrange the business on today’s Order Paper. We will first dispense off putting the questions on Order Nos.9, 10 and 11, then come back to Order No.8.

Clerk, call the next Order.

Hon. Senators, this Motion does not affect counties under Standing Order No.84 (1) . However, let me first confirm from the Clerk whether we have a quorum to help us put the question.

Clerk, let us go to the next Order.

Hon. Senators, again, this matter does not affect counties, and since we have quorum, I will proceed to put the question.

Clerk, call the next Order.

Hon. Senators, we will now go back to Order No.8.

Sen. (Dr.) Boni Khalwale, I remind you that when the Chair is upstanding--- I can see you are really testing my cool.

Sen. Joyce Korir, Sen. Boni Khalwale was behaving nicely, until you went to talk to him, then he started laughing.

Clerk, call the next Order. The Chairperson, Standing Committee on Delegated Legislation, proceed.

Hon. Deputy Speaker, I beg to move the following Motion-

THAT, the Senate adopts the Report of the Select Committee on Delegated Legislation on its consideration of the Environmental Management and Coordination

(Strategic and Integrated Environmental Assessments and Environmental Audits) (No. 2) Regulations, 2025, Legal Notice No. 71 of 2025, laid on the Table of the Senate on Wednesday, 6th August, 2025; and that pursuant to Section 18 of the Statutory Instruments Act, the Senate resolves to annul, the Environmental Management and Co-ordination (Strategic and Integrated Environmental Assessments and Environmental Audits) (No. 2) Regulations, 2025, Legal Notice No. 71 of 2025.

Mr. Deputy Speaker, Sir, my Committee was able to go through the Report of these Regulations. It is unfortunate that quite a number of issues, including public participation, were not observed. The last public participation was carried out in 2018, which is now outdated. We also observed that the impact assessment was not observed.

In this respect, we also had petitioners from the Environment Institute of Kenya, who brought some petitions before this Committee. We thought that the regulator, which is the Ministry, should go back and republish the regulations.

In retrospect, the Committee resolved that these regulations should be annulled to enable the Ministry put its house in order.

I request Hon. Danson Mungatana to second the Motion.

Thank you, Mr. Deputy Speaker, Sir. I rise to second this Motion. We are seeking the support of the House to annul the Environmental Management and Coordination

(No.2)

Regulations, 2025, Legal Notice No.71 of 2025.

For the benefit of the House, when we make laws, the power to make laws remains with this House, the Executive is supposed to only execute the laws that we give them. When we make the law in this House and put a clause saying that the Cabinet Secretary may make regulations, those regulations still need to come back to this House, so that we can look at them to see if they are carried out in accordance with the donated power that we have given to the Cabinet Secretary.

We looked at two things; whether the Cabinet Secretary consulted stakeholders and also, whether he carried out public participation when he was making those regulations. If this was not done, we have the obligation as a Committee on your behalf, hon. Senators, to say that those regulations do not meet the standard that is required by this House.

Two, when we donate this power to the Cabinet Secretary to make Regulations, it is still our power. Under the Statutory Instruments Act, we are required to also check whether the Cabinet Secretary created a document called the Regulatory Impact Assessment (RIA) Report. The Cabinet Secretary must be able to say what impact these Regulations will have on the people of Kenya. It is a simple document.

Mr. Deputy Speaker, Sir, in this case, the Cabinet Secretary in charge of Land, Environment and Natural Resources came before the Committee and told us that she did public participation for these Regulations seven years ago. Hon. Members, surely, a public participation of seven years ago is outdated.

We asked about the RIA report on the Regulations and they were not able to produce it. As a Committee, we were magnanimous and asked the Cabinet Secretary to go back and make amends, which has not been done. We also asked her to go and do public participation because, surely, public participation that was done seven years ago cannot be relevant at this time.

Mr. Deputy Speaker, Sir, the people in the space of the Institute of Environment Practitioners came and made serious petitions before the Committee. The Committee heard their complaints and asked the Cabinet Secretary to go and do it properly.

It will not cost too much time and it will not cost you a lot. Let the people have their say because it is a constitutional requirement that you should subject the regulations to public participation. However, that was not done. For that reason, we recommend to this House that we annul these Regulations. If we annul these Regulations, then the Cabinet Secretary will go and put her house in order before bringing them back in the proper format because we have already said what needs to be done. Unfortunately, the time lapsed before the Cabinet Secretary got back to us.

Under the circumstances, I rise to second on behalf of the Committee and recommend support of this House that we annul these Regulations. The practitioners around the environment space have said that these Regulations have a problem. If the Senate lets them pass, it will be unfair to the people of Kenya. They will be bound by the Regulations that public participation happened seven years ago, even before we took up the mandate in this House.

As I second, I ask Members of this House to support us, so that we do what is right. When we annul the Regulations, we are required to come back, but if we accede to them, we do not have to come back to this House. In this case, we annulled the Regulations and we have come back to this House for your endorsement.

Mr. Deputy Speaker, Sir, I beg to second.

Hon. Senators, now I open the Floor for debate.

Proceed, Sen. Cherarkey Samson.

Mr. Deputy Speaker, Sir, I will be brief because this is just to annul the Regulations based on the Report of the Committee on Delegated Legislation. I agree with the Committee on Delegated Legislation chaired by Sen. Mwenda Gataya, and I would like to say the following.

Under Article 10 of the Constitution, one of the cornerstones of any engagement on National Values and Principles of Good Governance is public participation. It is shocking that the Cabinet Secretary concerned went ahead to bring a report on public participation that was done seven years ago. That lame excuse is embarrassing and unfortunate.

That is laziness. How do you bring a report that was done seven years ago? Many things have changed. We did not have Artificial Intelligence (AI) which we now have; children not born then are now in Pre-Primary 1 (PP1) or PP2; and people who had

disappeared seven years ago have been presumed dead under the law. What are we saying? This is incompetence that we sometimes try to call out. That is incorrigible incompetence. I thank the Committee on Delegated Legislation.

Regarding the Finance Bill of 2013 of Kiambu, the court said that one of the critical ingredients of post-2010 Constitution of Kenya is public participation. I agree with the Committee that any officer in the public space must know that public participation is no longer a privilege, a by the way, abracadabra or brouhaha, but the cornerstone of modern democracy that we have as a country. Therefore, I thank the Committee for this industrious act on the report they have brought. These regulations must be annulled.

When you look at the Statutory Instruments Act of 2013, there is what we call explanatory memo and regulation-making authority. When you read the objects of that Act, one of the critical issues is public participation and consultation of stakeholders, which was never done. Therefore, that was a clear violation of the Act that put in place the concerned Ministry by bringing these Regulations concerning environmental issues that Sen. Mwenda Gataya’s team has brought before the House. Even Section Five of the Act provides for an explanatory memo. You must explain to the public the need, purpose and intention.

The era of operating in mystery in public spaces is no longer there. There is no luxury because we are in a digital age. Even our visitors in the Gallery know more than some of us. This is no longer about night-running. Many Government officers want to operate like night runners, but it can no longer apply in this country. That is my worry. Night-running happens as an exercise in some regions. I do not want to mention those regions because I will receive the wrath from some Members who I know do night- running.

The point that I want to make is that every Government officer, including those in the county governments--- When you see Sen. Osotsi smiling, of course, you know. I have just said he is smiling.

On a point of order, Mr. Deputy Speaker, Sir. I was smiling because what Sen. Cherarkey, who is my my neighbour, has said is not applicable to me. Where I come from, people are serious Christians and not night runners.

Proceed.

Mr. Deputy Speaker, Sir, my apologies. I know him as a serious Christian. Every Sunday, he attends a number of churches.

I do not know why Sen. Khalwale is uncomfortable, unless he knows where the night runners are. He can discuss with me during our chai and mandazi later in the Lounge.

In conclusion, when you look at Section Seven, there must be reasons. The point I am trying to drive home hot and dry is very simple. Officers of counties and the national Government should know that you can no longer operate in secrecy in anything that concerns the public, be it policy, legislative or any action, you must account to the public. The only way to account to the public is through public participation.

I salute the Committee on Delegated Legislation, and I know this will go to the HANSARD. I know that even our courts are watching. I thank Sen. Mwenda Gataya

because most of the decisions we make on the Floor of the House, sometimes mutatis mutandis, courts of law borrow the reason of Parliament because they believe we have more weight because we are the representatives of the people as per Article 96.

To the Mwenda Gataya-led Committee, I celebrate you. This is a direct matter. Let us annul the regulations and call the Cabinet Secretary in charge to order. Let her bring other regulations. We are ready because our business is to legislate, represent and ensure we have proper legislative and policy interventions in place.

Mr. Deputy Speaker, Sir, with those many remarks, and so that I cede ground for my colleagues, allow me to rest my submissions by supporting annulment of these regulations.

I thank you.

Proceed, Sen. Mwinyihaji Mohamed Faki.

Bw. Naibu Spika, asante kwa kunipa fursa hii kuunga mkono Ripoti ya Kamati ya Sheria Endelevu ambayo imewasilishwa na Mwenyekiti wa Kamati hiyo, Sen. Mwenda Gataya Mo Fire, kutoka Tharaka-Nithi.

Kanuni hizi ambazo zilikuwa zimechapishwa na Waziri wa Mazingira, Mabadiliko ya Tabianchi na Misitu zilipingwa vikali na shirika lijulikanalo kama Environment Institute of Kenya of Kenya (EIK) ambalo ni taasisi inayojumuisha wataalamu wengi wanaohusika na mambo ya mazingira. Taasisi hiyo iliipinga Kanuni hizi kwa sababu hawakuhusishwa. Katiba ya Kenya inasema kwamba sheria au kanuni zinazopitishwa lazima kuwe na uhusishaji wa umma, yaani public participation.

Taasisi hiyo pia ilipinga Kanuni hizo zilizochapishwa mwaka wa 2018 ambapo wakati huo mazingira ya kazi yalikuwa tofauti na ya sasa. Kwa hivyo, Waziri na wataalamu wenzake walipokuja mbele ya Kamati, walishindwa kuthibitisha kwamba Kanuni za mwaka wa 2018 ndizo zile ambazo zilichapishwa katika Gazette Notice ya mwaka huu.

Vile vile, walishindwa kuthibitisha kwa Kamati kwamba walikuwa wamefanya Regulatory Impact Assessment (RIA) . Taasisi yoyote inayotengeneza sheria endelezi lazima ifanye RIA. Wanafaa kufanya assessment ili kuhakikisha kwamba Kanuni ambazo wanaleta ziko sawa. Kutokana na hayo matatizo mawili, Kamati ilimpa fursa Waziri kurekebisha au kuzitupilia mbali kanuni hizo.

Katika mkutano uliofanyika tarehe 28 Julai, Waziri alipewa fursa na kukubali kwamba ataziondoa. Kwa masikitiko, hakuweza kuziondoa. Alijua kwamba baada ya muda, Kanuni hizo zingekuwa sheria bila ya Bunge kuzikataa. Kwa hivyo, ni muhimu Seneti ipige kura ya kukubali Ripoti hii ya Kamati ya Sheria Endelevu kwa sababu tunajaribu kulinda maslahi ya Wakenya na wale ambao wataathiriwa zaidi na sheria hizi.

Mara nyingi, taasisi ambazo zinaunda sheria endelevu hazitekelezwi kulingana na Statutory Instruments Act, 2013, ambayo inatoa mwongozo wa kutengeneza sheria endelezi na jinsi ya kuhusisha wananchi katika mambo kama hayo. Kukosa kuhusisha umma na vile vile kuleta Kanuni ambazo zilichapishwa mwaka wa 2018, inapasa tukubaliane na Kamati kwamba Kanuni hizi hazifai kutekelezwa. Kwa hivyo, zitupiliwe mbali kama ilivyopendekeza Kamati.

Bw. Naibu Spika, vile vile Kanuni hizi zinajaribu kuongeza malipo, yaani fees ambazo wataalamu wanapaswa kulipa. Zile ambazo walichapisha mwaka wa 2018 ni tofauti na zile wameweka sasa katika sheria endelezi.

Kwa hivyo, Bw. Naibu Spika, ninapounga mkono Ripoti hii, ningependa Seneti ikatae Kanuni hizi na kuzitupilia mbali.

Hon. Senators, I have this Communication to make.

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of students from Starehe Boys Centre and School and The Alliance High School. The students are undertaking a two- week service in the Senate under the Voluntary Service Scheme (VSS) for schools. I request the students to stand when called out, so that they may be acknowledged in the Senate tradition.

Mr. Deputy Speaker, Sir, I am an alumnus of Alliance High School. Therefore, I take this opportunity to join you in welcoming the students from the good old school.

We have a motto there; Strong to Serve. I am glad that they have come here voluntarily, which means they are not being paid. They are carrying out the motto that we had even those days; that we remain strong to serve.

Mr. Deputy Speaker, Sir, in many years, I served as the House Captain of Arthur House. I believe one of them must be from Arthur House because we always used to excel in matters like these of giving to community and serving.

I want to tell the students, including those from Starehe Boys Centre and School, that it is the small steps and consistency. If you keep working hard and remain consistent, one day, God will honour your efforts. I encourage you.

Once upon a time, all of us here were young as you and worked our way this side. Through our different professions, we got the support of our electorate to bring us here and we are now making our contributions here. I encourage you to also aspire to one day not sit at the Gallery, but here, fighting for your people’s rights and making this country better.

Mr. Deputy Speaker, Sir, with those many remarks, I beg to welcome them.

Fair enough. Let us go back to the Motion. Proceed, Sen. Kisang William.

Mr. Deputy Speaker, Sir, I also rise to support annulment of the Regulations as brought by the Chairperson of the Committee on Delegated Legislation, Sen. Mo Fire.

Institutions need to know that law-making is a preserve of Parliament which comprises the Senate and the National Assembly. It is also very clear in Article 96 of the Constitution that our mandate is representation, legislation and oversight.

We are surprised that the Cabinet Secretary for Environment, Climate Change and Forestry relied on public participation that was done in 2018. This is a very dynamic area and with the climate change, things are changing every day. The Cabinet Secretary should have seen it wise to do public participation. Colleagues have said that this is basically either laziness or incompetence.

It is important that we annul these regulations to pass a message to Cabinet Secretaries to whom we have donated powers to do regulations, to ensure that they consult the stakeholders thoroughly. Otherwise, we can pass the regulations in this House and then outside somebody will go to court and the Regulations will be suspended.

Public participation is a good thing. It is very healthy. It is good to engage people; let us hear what they have to say. When we are passing the laws in this particular House, we put notices in the newspapers for 14 days. People come with memoranda, we invite them, we discuss, the committees engage and they can reach a compromise so that it is something that is agreeable to all parties.

I wonder why this particular entity decided to bring a report for a public participation of seven years ago when even the stakeholders have changed. This is basically delaying. These regulations should be in effect already, but because of just

negligence or laziness, we are going back; we are annulling, we are wasting time for our people and we are wasting resources that are not even there.

So, I beg to support and caution the Cabinet Secretary that, please, get back to the Committee, engage, create time and meet otherwise, you are letting our people down.

Thank you, Mr. Deputy Speaker, Sir. I beg to support the annulment of these particular Regulations.

Sen. Osotsi Godfrey Atieno, you have the Floor.

Thank you, Mr. Deputy Speaker. I also rise to support the Motion that the Regulations cited be annulled. The Constitution is very clear that lawmaking is a preserve of Parliament; that is, the National Assembly and the Senate.

The only institution which has the powers to make laws enforceable in Kenya, is Parliament. However, we have allowed other Government institutions to make regulations. Even as they make those regulations, they must ensure that those regulations strictly comply to the Statutory Instrument Act. If they do not comply, then this House has the powers to annul them.

We have instances in Government where they come up with regulations which are not processed as per the Statutory Instruments Act and they regulations run for years. I want to call upon the Committee on Delegated Legislation to be on the lookout, so that such regulations are brought to this House and do what we are just about to do, annul them. They do not have powers to make laws, and they can only make laws with the permission of this House through the Statutory Instruments Act.

I want to agree that if regulations are not aligned to the requirements of the Statutory Instruments Act, particularly on the issue of public participation or compliance to the Constitution, then those regulations should be annulled. There are many other regulations that are currently operating illegally. It is important for us to search around and ensure that those regulations are either passed or annulled by this House.

Mr. Deputy Speaker, Sir, I support.

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

Thank you Mr. Deputy Speaker, Sir. This is not a casual decision that the House is about to make; it is a decision that is hinged in the Constitution of Kenya. Any attempt by any person other than the National Assembly and the Senate, to make laws should at all times be declared null and void. Why do I say this?

It is because of the Provisions of Article 94 of the Constitution, which states as follows -

“ (1) The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.”

In sub-section 5, it goes further to clarify that - “ (5) No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.”

Mr. Deputy Speaker, Sir, this is the import of the annulment that we are all supporting. We would like the Cabinet Secretary, upon receiving the annulment, to realize that she was trying to impersonate Parliament.

In fact, I wonder what became of the Kenya School of Government and if it is still functional, have these 22 Cabinet Secretaries been given an opportunity to sit there, so that they know how Parliament works, how government works, and how the Judiciary works?

I, therefore, strongly support the annulment and laugh at two points. The first one is lack of public participation. I laugh at it and the second one is the suggestion by the Cabinet Secretary that they were contended by the fact that this public participation that they are relying on was done seven years ago.

Why do I laugh at both? I laugh and dismiss the stand of the Cabinet Secretary on public participation because thanks to taking for granted the role of the public. In law making, many pieces of legislation that have gone through this House have always been thrown out by the courts.

Secondly, why do I laugh of the issue of public participation that is seven years old? I would like it to occur to the Cabinet Secretary that a child who was 14 years old, seven years ago is today 21 years old. That child is now an adult who is able to advise us on how a proposed law that we are making is going to affect him or is affecting him.

In fact, it is unfortunate and I think the Clerks-at-the-Table will advise me. We had a Bill called the Public Participation Bill of 2024. I have missed a total of five sittings of this Parliament. Therefore, I do not know whether that Bill was able to pass through. If it has not, then we need to see through the public participation Bill, so that we create the Act for all who care to understand the irreducible minimum for public participation because there are three strong pillars in public participation, which you cannot take for granted, and the Cabinet Secretary better appreciates this.

First, we have the political pillar. Second, we have the pillar on policy, and finally, we have the social pillar. They are not things that can just be wished away. If you do not address these things, that is how we end up with laws that are either in conflict with other laws or the Constitution, or in conflict with the aspirations of the people who have donated their sovereign power to us.

Mr. Deputy Speaker, Sir, I support the Committee that we annul the regulations.

Senate Majority Leader, Sen. Aaron Cheruiyot, you have the Floor.

Mr. Deputy Speaker, Sir, I have been trying to get a copy of this Report for a while now, as I wanted to read it and establish the full reasons. Although it has taken a while, I will still comment on a specific issue I feel strongly about.

We live in a country where, for whatever reason, saying bad things about institutions and individuals in public office is now in vogue. Everyone seems to be competing on public platforms, in Parliament or even at the funerals, to say the nastiest things about public institutions and their leaders. As a public figure, I do not understand what people gain from this.

Having some experience, I have taken time to study and reflect on the world as it is today. I have come to appreciate that there is nothing unique about our country. We possess all the indicators and potential of a great Republic. Unfortunately, our obsession with negativity distorts that reality.

If someone were to learn from us, they might conclude that they live in the most corrupt or dysfunctional nation on earth, yet look at what we are doing this afternoon. A Committee of the Senate is annulling regulations proposed by the Executive. You will never see this in any headline. However, if Parliament dares to agree with a proposal from the Executive, the next day The Standard Newspaper will run a headline: “Parliament Disappoints Again.”

Social media critics, very useless people, some have no record of anything useful they have ever done in this life, yet they are quick to attack this institution. They are highly critical of Parliament simply because they hold a different view. Parliament often makes decisions which, in its wisdom, are considered to be right and in the best interest of the country.

What am I pursuing?

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

Yes, Sen. Boni Khalwale. Sen. (Dr.) Khalwale: Mr. Deputy Speaker, Sir, I am sorry to interrupt the Majority Leader. However, I would like to request the Senator for Kericho to consider withdrawing the unparliamentary remark that the people on social media are useless people. We have many people, including the President of the United States of America (USA) , on social media. The President of Kenya has the biggest following on social media. I have a following running in millions on social media. We are not useless. Is he in order to use unparliamentary language against all of us who use social media? Could he be asked to withdraw and apologise?

Mr. Deputy Speaker, Sir, I know the Senator for Kakamega is an addict of social media and loves that space. Perhaps, he may even have been scrolling his phone. That is why he did not get my comments. I said, there are, “some”. That is very basic and elementary, which I am sure my Whip understands.

It is not a wholesome condemnation of everyone who uses social media. In fact, I was quick enough to qualify that there are people of no known achievements, but have made it their business to disparage this House when it does duty on a certain item to which they disagree with the eventual finding.

I said, today is one such occasion. For example, if Parliament were to agree with the Report of this Committee and vote in support of it, as many of us are inclined to do, it would be a commendable decision. If our Committee on Delegated Legislation is advising us to reject these regulations, then that is a good thing.

Many times, we are criticized and labeled as an appendage of the Executive, accused of agreeing with everything. However, this House has made many great decisions. It does not necessarily mean that disagreeing with the Executive is a great thing. Agreeing with them is equally good. Parliament is independent. It makes decisions based on what is in the best interest of the people who elected us to serve in this House.

Mr. Deputy Speaker, Sir, I am sorry to interrupt the Majority Leader. However, I would like to request the Senator for Kericho to consider withdrawing the unparliamentary remark that the people on social media are useless people. We have many people, including the President of the United States of America (USA) , on social media. The President of Kenya has the biggest following on social media. I have a following running in millions on social media. We are not useless. Is he in order to use unparliamentary language against all of us who use social media? Could he be asked to withdraw and apologise?

Mr. Deputy Speaker, Sir, I know the Senator for Kakamega is an addict of social media and loves that space. Perhaps, he may even have been scrolling his phone. That is why he did not get my comments. I said, there are, “some”. That is very basic and elementary, which I am sure my Whip understands.

It is not a wholesome condemnation of everyone who uses social media. In fact, I was quick enough to qualify that there are people of no known achievements, but have made it their business to disparage this House when it does duty on a certain item to which they disagree with the eventual finding.

I said, today is one such occasion. For example, if Parliament were to agree with the Report of this Committee and vote in support of it, as many of us are inclined to do, it would be a commendable decision. If our Committee on Delegated Legislation is advising us to reject these regulations, then that is a good thing.

Many times, we are criticized and labeled as an appendage of the Executive, accused of agreeing with everything. However, this House has made many great decisions. It does not necessarily mean that disagreeing with the Executive is a great thing. Agreeing with them is equally good. Parliament is independent. It makes decisions based on what is in the best interest of the people who elected us to serve in this House.

Therefore, I urge that on days like this, when Parliament flexes its muscles and sends a Cabinet Secretary back to the drawing board and disagree with their proposal, just as we agree with them on other days, we must also highlight principled disagreements.

In fact, since my Whip, Sen. Boni Khalwale, has mentioned social media and I know he is an avid user, I trust he will help amplify this moment. Whether through a tweet or a Facebook post, he can showcase the many instances when Parliament has taken a firm stand. When you read some of the commentaries online, you would think Parliament does nothing useful, yet each afternoon, this House transacts business which is meaningful to the country.

The decisions are informed by what is the collective good interest of the people that we represent in this House. They may not necessarily be what someone else want, including a newspaper editor, a commentator on social issues or a particular politician. Unfortunately, our hands are tied in most occasions because we do not work for ourselves. We are simply but employees of other people who sent us here to transact business in their best interests.

This is a very important regulation. The climate change and environment management and coordination is a very topical issue globally. Countries haggle over each other on these positions. In fact, a lot that has been said about other countries that have walked away from commitments that have been made in other places in the climate.

The United Nations (UN) Secretary General, for example, spends tonnes of time speaking on this topic every time he addresses a gathering of the UN or even in public spaces because climate change is real. It is affecting our life on a daily basis. That is why Parliament is telling the Cabinet Secretary to do the right thing; that she must follow the laid-down procedure. We just amended the Statutory Instruments Act and drawn from the power granted by the Constitution, have agreed that Parliament has a final say on this; that the people's representatives will either give you the nod to set the regulations or disagree with you if you do not do it in accordance with the law.

I heard someone say, I do not know who spoke; that Parliament as an institution has failed the country. How can it be that 15 years after the promulgation of the new Constitution, for three terms of Parliament, we have been unable to pass legislation that guides public participation. Institutions, public entities, county assemblies, judiciary and all these bodies are left groping in the dark trying to establish what exactly is public participation.

Citizens are fully aware about this. Many times when you make a decision, it could be a decision as simple as establishing a secondary school in a primary school ground, as is normally the case back in our villages. If you find a primary school that has a lot of space, many times parents may gather and say they want to establish a school. They would call their area MP or Senator or whoever, to help them establish that institution. Then another faction emerges and says they need to be consulted since they are the stakeholders. So, citizens appreciate the importance of public participation. However, as Parliament, we have not done justice to the country.

I know there is a law before the National Assembly on public participation and it has taken a while in our counterpart House. It will be important for us to conclude.

Mr. Deputy Speaker, Sir, the Standing Orders of this House are very clear. If there is a member of this House who is anticipating any debate, it needs to be very clear. We are not allowed by our own Standing Orders, to anticipate a debate. If the Senate Majority Leader has some business he is anticipating on us, let him tell us, so that we organise ourselves. Some of us have serious plans for our recess. Anything that comes from him is not a small matter. It is a very serious issue. He cannot just say something that is not there. Is it in order for him to anticipate debate that we do not know about? If he is anticipating one, why can he not just declare it to us, so that we know?

Sen. Eddy Oketch, there is something new to disclose? Which county is this?

Mr. Deputy Speaker, Sir, I know Sen. Eddy Oketch’s interest in this matter. It is not the debate. I will choose not to indulge in that conversation.

The point I was making is that even in these matters where county assemblies consult citizens, either with their budget, impeachment proceedings, they struggle. This is because we, as a House, have not provided guidance on who needs to be consulted. Many times, we have read, and I think Sen. Boni Khalwale referred to it, that there are many laws that are unheard of, simply on the basis of lack of proper and meaningful public participation.

As a House, legislation is our constitutional duty. However, we still have not found it worth to guide the country on this issue of public participation and why it is important to do this. It is unfortunate we have been returned to redo our work of legislation because of lack of public participation.

I support this Motion by our Committee on Delegated Legislation. I hope in the course of the afternoon, Sen. Mo Fire will share with us a soft copy of the report on official business platform. This is because beyond the reasons that have so far been

Sen. Eddy Oketch, there is something new to disclose? Which county is this?

Mr. Deputy Speaker, Sir, I know Sen. Eddy Oketch’s interest in this matter. It is not the debate. I will choose not to indulge in that conversation.

The point I was making is that even in these matters where county assemblies consult citizens, either with their budget, impeachment proceedings, they struggle. This is because we, as a House, have not provided guidance on who needs to be consulted. Many times, we have read, and I think Sen. Boni Khalwale referred to it, that there are many laws that are unheard of, simply on the basis of lack of proper and meaningful public participation.

As a House, legislation is our constitutional duty. However, we still have not found it worth to guide the country on this issue of public participation and why it is important to do this. It is unfortunate we have been returned to redo our work of legislation because of lack of public participation.

I support this Motion by our Committee on Delegated Legislation. I hope in the course of the afternoon, Sen. Mo Fire will share with us a soft copy of the report on official business platform. This is because beyond the reasons that have so far been

Mr. Deputy Speaker, Sir, I want to bring to your attention that I have complained previously that my unit keeps failing and, therefore, will not appear on your list. As a leader of this House, I do not want to impute any improper motives on the management of the House. However, now it is becoming increasingly difficult for me to contribute because I will never appear on your screen. I wish that, that issue be resolved because I also have things to say.

Thank you.

You appeared on my list this morning. What has happened?

This is the reason I wanted to attract your attention, because this keeps happening, even yesterday, my unit was failing.

No, Sen. Eddy, I can see you on the screen.

Mr. Deputy Speaker, Sir, that is why the Senate Majority Leader can see things that I cannot see.

Can you confirm whether, Sen. Eddy, has removed your card somehow?

Sen. Sifuna: My unit is not working.

Who are you informing, Sen. Mohammed Faki?

The Report that were are debating is circulated in our WhatsApp group. The Senate business is there. It has been shared.

Thank you.

Proceed, Sen. Omogeni.

My unit is not working.

Who are you informing, Sen. Mohammed Faki?

not seen it, I have had the benefit of going through the reasons that guided the Committee in rejecting this Report, and I fully support it.

Proceed, Sen. Omogeni.

Thank you, Mr. Deputy Speaker, Sir. I am rising to support the Motion on the Floor by my good friend, Sen. Mwenda Gataya. Unlike those who have

Senate Majority Leader, what is your point of order? Sen. Omogeni, please.

Hon. Members, can we reduce on the consultation and listen to Sen. Omogeni, please?

Madam Temporary Speaker, there are very good reasons. If you read through this Report of the Committee, there are very valid reasons they have proposed that we should reject these regulations. I am happy that the Senate Majority Leader, for once, has agreed that this House is not a conveyor belt for the Executive. This is because ---

What is out of order? I have stated what he said. Maybe in a lawyer's language---

Senate Majority Leader, what is your point of order? Sen. Omogeni, please.

What is on record?

Madam Temporary Speaker, I am doing this building up on the submissions.

Sen. Omogeni, what is on record and on which record?

Sen. Sifuna, please, let the Chair respond to this.

What is on record?

Madam Temporary Speaker, I am doing this building up on the submissions.

Sen. Omogeni, what is on record and on which record?

Sen. Sifuna, please, let the Chair respond to this.

Madam Temporary Speaker, yesterday we were---

No, Sen. Omogeni. The Senate---

What have I done that is out of order?

He said that you have imputed an improper motive by saying that, for once---

Which means he otherwise thinks that Parliament is a conveyor belt.

He said that for once he has---

Can I have a dictionary to look at---

Sen. Omogeni, if you listen to me, then you will--- It is not about the dictionary. We are not doing the analysis.

Please, listen to me. He says you have imputed an improper motive by suggesting that, for once, he is admitting that Parliament is not a conveyor---

Sen. Omogeni.

That is what I am saying. He is, for once, acknowledging that we have three Arms of Government. We have the Executive, Legislature and Judiciary.

Sen. Omogeni, please, take your seat for a second.

Madam Temporary Speaker, can you protect me from the Senator for Nandi.

Sen. Omogeni.

Sen. Omogeni, please. Sen. Cherarkey, stop exchanging with Sen. Omogeni.

Protect me, Madam Temporary Speaker.

No, you need to sit down, then we will protect everyone.

Senate Majority Leader, explain why you said that it is worse.

Madam Temporary Speaker, he has even made it worse now and turned it into an insult. Firstly, the Senator for Nyamira wants to arrogate himself powers that he does not have. He cannot pretend to be the judge of character in this House.

Secondly, if you want to do so, then he better do it correctly. The Senator for Nyamira is alleging that I am always on the wrong and that it is only today that I am on the right side of history. Is that fair?

Sen. Sifuna, can you let Sen. Omogeni respond or withdraw, please?

Sen. Omogeni, please. Sen. Cherarkey, stop exchanging with Sen. Omogeni.

Protect me, Madam Temporary Speaker.

No, you need to sit down, then we will protect everyone.

Senate Majority Leader, explain why you said that it is worse.

Madam Temporary Speaker, he has even made it worse now and turned it into an insult. Firstly, the Senator for Nyamira wants to arrogate himself powers that he does not have. He cannot pretend to be the judge of character in this House.

Secondly, if you want to do so, then he better do it correctly. The Senator for Nyamira is alleging that I am always on the wrong and that it is only today that I am on the right side of history. Is that fair?

Sen. Sifuna, can you let Sen. Omogeni respond or withdraw, please?

Madam Temporary Speaker, you know now---

Sen. Omogeni, let me explain this and I would like you to respect the Chair. Your assertion that the Senate Majority Leader is never on the right side of history is imputing an improper motive. Can you substantiate that?

On a point of information, Madam Temporary Speaker.

I would like to be informed.

Madam Temporary Speaker, I want to inform the Senator for Nyamira that motive speaks to something in the future. When you are giving a historical account, you cannot be said to be imputing improper motive because there is no motive to do anything. We are saying that the Senate Majority Leader has a history in this House of supporting everything the Executive proposes. That is a fact.

We were actually---

Sen. Sifuna, you are informing Sen. Omogeni and not debating.

Yes, I am informing him. Can I finish?

Yes.

When you speak of an improper motive, it is like the example that I gave here, that my unit---

Sen. Sifuna.

That is the information I am giving.

Sen. Sifuna, you are informing Sen. Omogeni and not debating.

Yes, I am informing him. Can I finish?

Yes.

When you speak of an improper motive, it is like the example that I gave here, that my unit---

Sen. Sifuna.

That is the information I am giving.

Are you trying to help him to define the meaning of “improper motive”?

Can I finish? I did not finish.

Sen. Sifuna, please, sit down. You did not inform him. You are actually analysing instead of informing.

Everybody knows how they behave here. We were praising him that now he is becoming a good boy.

Sen. Sifuna, if you are affirming what he is saying, what are you informing him?

I am informing him of the definition of “motive”.

Do not abuse the space to make your own point. Please, sit down.

Senate Majority Leader, please focus on the point of order on the issue at hand.

I am rising on Standing Order No.101 (4) . If you want to discuss the conduct of your colleague, you should bring a substantive Motion. Within three days, after the approval of the Speaker, that matter is brought here. I can understand the person who is misinforming him. That is not an information. Perhaps they have not read Standing Order No.101 (4) .

Madam Temporary Speaker, is it in order for Sen. Omogeni to discuss the conduct of a colleague without a substantive Motion?

Sen. Omogeni, do you want to respond to that?

Sen. Cherarkey, you are not on the Chair and you are out of order.

On a point of order, Madam Temporary Speaker.

Sen. Sifuna, please. Sen. Omogeni, please hold on.

Senate Majority Leader, what is your point of order?

Madam Temporary Speaker, this is a problem of people who do not want to listen.

I am rising on Standing Order No.101 (4) . Sen. Omogeni, if you want us to discuss about each other, I have a lot that I can say about you. However, I respect---

Senate Majority Leader, please focus on the point of order on the issue at hand.

Madam Temporary Speaker, I am not trying to impute any bad motive on my good friend the Senator for Kericho. The point I was building is that I agree with his submission this afternoon that we should not behave like we are a conveyor belt for the Executive, and I do not think there is anything out of order. He did state that there is nothing wrong in disagreeing with a proposal that has come to the Floor from the Executive.

Sen. Omogeni, your point was not put the way you are putting it now.

Is it okay now?

If it is okay now, you will have to withdraw.

Every time I step forward to speak, Sen. Cherarkey pops up like a popcorn. Can he allow me to make my contribution?

Sen. Cherarkey, please listen to Sen. Omogeni, and Sen. Omogeni, stop the exchange with Sen. Cherarkey. Please, proceed to your point.

What am I withdrawing, so that I can address my mind and withdraw? Where have I gone wrong?

Imputing an improper motive on a colleague. Please, do so.

I apologise if I have imputed improper motive to my colleague.

Thank you, Senator. Proceed with your point.

Madam Temporary Speaker, it gets very difficult. You are from my party, ODM. We come here to---

Senator, the Chair is presiding over the House and not for the party.

What am I withdrawing, so that I can address my mind and withdraw? Where have I gone wrong?

Imputing an improper motive on a colleague. Please, do so.

It is not frivolous, I have not even---

I have ruled, Sen. Cherarkey, please sit down.

Let Sen. Omogeni proceed.

Madam Temporary Speaker, have you heard what he has said? He has said that it seems like the ODM is running the House.

Sen. Cherarkey, withdraw what you have just said.

Let him withdraw. He has said that it seems ODM is running the House.

Sen. Cherarkey, can you withdraw your suggestion that the House is being run by ODM? Sen. Cherarkey, can you withdraw? I heard that very well.

It is not frivolous, I have not even---

I have ruled, Sen. Cherarkey, please sit down.

Let Sen. Omogeni proceed.

Madam Temporary Speaker, have you heard what he has said? He has said that it seems like the ODM is running the House.

Sen. Cherarkey, withdraw what you have just said.

Let him withdraw. He has said that it seems ODM is running the House.

Sen. Cherarkey, can you withdraw your suggestion that the House is being run by ODM? Sen. Cherarkey, can you withdraw? I heard that very well.

Madam Temporary Speaker, I will withdraw when the HANSARD is produced.

Madam Temporary Speaker, I do not know the experience of other Senators, including my good friend, the Senator for Nandi, but I have many people from my County of Nyamira who have had many problems in accessing treatment because of the way SHA Regulations were crafted. We know it. I am saying this with a heavy heart because I came here to fight for the people who elected me. There is no one,

Sen. Cherarkey, I heard that as the Speaker and I am directing that you withdraw it.

Madam Temporary Speaker, I withdraw and apologise, but my point has been made.

Thank you.

Madam Temporary Speaker, the point I was making is that we were not elected in this House to take and accept everything that comes from the Executive. I am giving you a clear example on the suffering----

Sen. Cherarkey, this is the last time I am warning you. If you keep disrupting the House, I will throw you out.

In bad light by saying that I am happy when Kenyans are suffering. I am like an altar boy.

including the Senator for Nandi, who is happy to see Kenyans who are vulnerable and do not have the financial resources, going to hospitals and not accessing treatment.

On a point of order, Madam Temporary Speaker.

Sen. Cherarkey, what is your point of order?

I rise to under Standing Order Nos.96 and 105 on accuracy of fact and Standing Order No.101 on contents of speech. Is Sen. Okong’o Omogeni in order to state that I am happy when vulnerable Kenyans are suffering, when the issue of SHA is working in Nandi? Is it in order to cast aspersions? He has mentioned me severally and we can check the HANSARD.

He mentioned you in what context?

In bad light by saying that I am happy when Kenyans are suffering. I am like an altar boy.

Sen. Cherarkey, please, sit down. You are not going to use this---

Madam Temporary Speaker, you also need to be fair. You said you will check with the HANSARD.

Sen. Cherarkey, please, sit down so that Sen. Omogeni can respond to the issues you are raising. I have asked Sen. Omogeni to respond to your point of order and you are arguing with me?

The Senator for Kiambu can inform me.

Senator for Kiambu, Sen. Omogeni is first responding to the point of order.

I am not debating. That is how I talk, Madam Temporary Speaker. That is how I inform. I can also inform you like that. I come from Kiambu.

Senator, you have made your information.

It is not the tone; it is the message.

Sen. Thang’wa, you have done the information. That is what I am saying. He is informed.

Sen. Sifuna.

Just a small clarification, Madam Temporary Speaker. I want you to guide the House on how many times someone can rise on a point of order when another person is standing on the Floor. Guide us also whether it is possible that there is only one person and one Senator, who knows when everybody is out of order, so that he is the only one hogging points of order. Guide us there. Can I raise multiple frivolous points of order without you taking any action on me and can I be the only Senator who sees when people are out of order?

Yes, Senator.

I am not debating. That is how I talk, Madam Temporary Speaker. That is how I inform. I can also inform you like that. I come from Kiambu.

Senator, you have made your information.

It is not the tone; it is the message.

Sen. Thang’wa, you have done the information. That is what I am saying. He is informed.

Sen. Sifuna.

Just a small clarification, Madam Temporary Speaker. I want you to guide the House on how many times someone can rise on a point of order when another person is standing on the Floor. Guide us also whether it is possible that there is only one person and one Senator, who knows when everybody is out of order, so that he is the only one hogging points of order. Guide us there. Can I raise multiple frivolous points of order without you taking any action on me and can I be the only Senator who sees when people are out of order?

Yes, Senator.

Okay, bullfighter.

Thank you, Madam Temporary Speaker and Sen. Omogeni, for allowing me to inform him.

I will also help you when you are presenting those names. I will bring you the registration certificate of St. Mary's Hospital, Mumias where Sen. Sifuna was born, which was founded in 1932. It has always functioned until the SHA came into being. Three weeks ago, the hospital closed down because their claims were not being honoured.

I will bring you that certificate so that you help us to stop the suffering of the people of Mumias and Kakamega because of the closure of St. Mary's Hospital, thanks to the poor funding model of SHA. SHA will not succeed until the funding model is properly addressed.

You are duly informed. Sen. Omogeni, please proceed.

Sen. Omogeni, please proceed on your point. Do not discuss Sen. Cherarkey.

Madam Temporary Speaker, I have not been stopped from making reference to a point that has been drawn to my attention by my colleague. I am happy that Sen. Cherarkey has drawn my attention to the importance of me, as the Senator of Nyamira, tabling before this House, cases of Kenyans who are residents of Nyamira and who have been unable to access SHA treatment in hospitals. I undertake as the Senator for Nyamira to come with those documents, with the names of people from Nyamira who have not accessed treatment because SHA is not working.

Do you want to be informed by Sen. Khalwale?

Okay, bullfighter.

Thank you, Madam Temporary Speaker and Sen. Omogeni, for allowing me to inform him.

I will also help you when you are presenting those names. I will bring you the registration certificate of St. Mary's Hospital, Mumias where Sen. Sifuna was born, which was founded in 1932. It has always functioned until the SHA came into being. Three weeks ago, the hospital closed down because their claims were not being honoured.

I will bring you that certificate so that you help us to stop the suffering of the people of Mumias and Kakamega because of the closure of St. Mary's Hospital, thanks to the poor funding model of SHA. SHA will not succeed until the funding model is properly addressed.

employ everybody. These unemployed youths cannot all be absorbed by the Public Service Commission. Therefore, when we reject regulations that are going to make it burdensome for investors to come, we are doing the right thing as the Senate of the Republic of Kenya.

Madam Temporary Speaker, I want to assure my good friend and neighbour, the Senator of Kericho County, that I did not make my statements trying to impute any bad motive. In a multiparty democracy like where we are, in a liberal democracy under our 2010 Constitution, it is not a crime at times to disagree with the legislation proposed by the Executive. There is nothing criminal. That is why we are a multiparty democracy. That is why we are paid as Kenyans to receive legislations, take them through public participation, make a report to this House and then the House either agrees or rejects. There is nothing criminal about it. Those who are before us have made mistakes; the people who were in this House passed Section 2(A) in 1992. Later on, they realised it was a mistake. Yes, let us learn from history---

Madam Temporary Speaker, the intervention by Sen. Cherarkey was very useful.

Sen. Omogeni, proceed. I have rejected the point of clarification.

Thank you, Madam Temporary Speaker. That is why we elected our Senators. We must bring to the attention of the Government of the day the suffering that a policy change is causing to our people.

I have said on this Floor that the interest of any Senator is to ensure that you put smiles on the people you represent. What smile am I putting on people, if every time you go upcountry to your county, you are reminded that National Health Insurance Fund (NHIF) used to help us access treatment in hospitals?

I neighbour a mission hospital called Ichuni, run by the Catholic Fathers, which is the best hospital in terms of facilities. As I speak, many people, including my neighbours, are not able to access treatment in those hospitals. So, what is the purpose of bringing a policy change that brings pain to the people that we are supposed to lead? I want to state on this Floor that if you challenge us to table the documents, I will come with a box of evidence to show you the kind of suffering that Kenyans are going through.

Madam Temporary Speaker, when I was making reference to regulations and building the point that when I went to school, I was taught about cognitive theory, which says once you attain 12 years, you will never think the same. Even a Cabinet Secretary or the Executive should know that when they propose a law to the Floor, the 68 Senators do not have to think the same.

You remember we made progressive proposals to amend the Housing Levy. However, they were rejected because we were told the position of the Government must carry the day. Those taxes have caused a lot of pain. That policy change remains very unpopular in the country. The policemen and everybody is complaining. The pay slip has shrunk. As legislators, we are not given time to assist the Executive, to moderate some of

these laws, yet that is why we are here. We are here so that when the Government proposes a law, if it is oppressive to Kenyans, we moderate it.

I salute the spirit that I have seen this afternoon, where we are closing ranks to reject these regulations. A Cabinet Secretary cannot pick regulations where public participation was done seven years ago, and say, he or she is gazetting the regulations and they must take effect.

Madam Temporary Speaker, on the issue of public participation, the Committee is telling us that there was no meaningful public participation. In some countries, public participation means that you vote on a proposed legislation. For instance, in Switzerland, any proposed law, like what we are just discussing, you want to deny Kenyans the right of using NHIF to SHA, must be taken to a vote. That is what they call public participation.

Our Constitution has it there that there must be public participation. Next time we enact a law, let us make it clear that for any change in a policy that is as drastic as what I have seen in SHA or Housing Levy, the people must vote on it. That is what we call public participation. In Australia, any change in policy must have the approval of the people. Even proposing that a bar should close past nine o’clock, you take it to the people and they vote. In London, before you even cut a tree to affect the environment and fresh air, you go to the people who pass that policy in a vote.

For the Australians to allow same-sex marriage, just changing the law to say a man can marry another man, they had to go to a referendum. It passed narrowly by 52 per cent. They did not say that we just go and ask people here and there. The people had to vote on it. That is what we call meaningful public participation. What is the purpose of taking a law to the people, they tell you they do not agree, but we still go ahead and enact it?

We are exercising delegated power on behalf of the people who elected us to this House. That is why when the report of the Senate's Committee on Delegated Legislation tells us that there was no meaningful public participation, I fully agree with it. That is what is guiding me this afternoon in stating that I agree fully with the Committee on Delegated Legislation that we should reject these regulations.

Madam Temporary Speaker, at times we want to make it so hard for people who are coming to be investors in this country. Why are countries like Dubai ahead of us? It is because they have made it easy for people to do business and move to Dubai and build homes. However, in this country, we are just thinking about regulations. How will we attract investors if every day you want to put roadblocks? We cannot be competitive.

It is four hours away between here and Dubai. In 1970, Dubai was a struggling Third World country, like us. However, they have progressed because of the policies and regulations that they put in place, that are very attractive. They make the citizen’s lives comfortable; they do not overburden them in terms of the tax.

As a country, let us re-examine our taxation policy. If you overtax investors, they will go to other jurisdictions. They will go to Rwanda and look at the tax regime. If they find it more attractive and accommodative, they will move there. Who suffers at the end of the day? It is us. It is the people who come to invest who will provide employment to the many youths who are out there, who are jobless because the Government cannot

Sen. Thang’wa, can you use the correct language? It is a majority or minority.

Madam Temporary Speaker, I said I am not sure whether to support or oppose. The majority and minority side of this House always fight for the same Government. When you mention the name Ruto, they will come up with points of order. When you mention that name, there will always be a point of order. Today, they are telling us to oppose the Government, they have always been defending here. Therefore, I am a little bit conflicted. That is one of the reasons I am trying to understand what they are trying to do.

Thank you very much, Madam Temporary Speaker for giving me this opportunity to also comment on this issue, although I do not know whether to support or oppose the annulment.

I am a little bit confused because of two issues. One, it is what was raised by Sen. Omogeni and Sen. Sifuna. When you see the Senators from the Government side bringing a Motion to annul something from Government, sometimes you ask yourself so many questions. So, I am trying to think what could be the motive.

If you read the Report, it says that the Principal Secretary (PS) for Environment, Climate Change and Forestry, wrote to the same committee on the 25th July asking---

Sen. Cherarkey, what is the point of order?

Madam Temporary Speaker, he has started again.

Madam Temporary Speaker and it is on record; point of order is a right. Standing Order No.96 and Article 108 of the Constitution of Kenya, 2010 say, on this Floor, there are no Government Senators. What the Constitution recognises under Article 108 of the Constitution is majority and minority. Is it in order for the Senator for Kiambu County to refer to Government Senators? Is it in order?

Sen. Thang’wa, can you use the correct language? It is a majority or minority.

Madam Temporary Speaker, I said I am not sure whether to support or oppose. The majority and minority side of this House always fight for the same Government. When you mention the name Ruto, they will come up with points of order. When you mention that name, there will always be a point of order. Today, they are telling us to oppose the Government, they have always been defending here. Therefore, I am a little bit conflicted. That is one of the reasons I am trying to understand what they are trying to do.

Secondly, the Principal Secretary for Environment, Climate Change and Forestry wrote to the same Committee on the 25th July this year, a few days ago, saying, “I have withdrawn the Regulations, give me a bit of time to go and conduct fresh public participation.”

Madam Temporary Speaker, the Government is willing to do fresh public participation, but here we are being told to nullify. For sure, I am not understanding. However, I will support them for only one reason. I will support the annulment because this public participation, which is very important that we consult Kenyans frequently, was done seven years ago. Those who do or conduct public participation are from 18 and above. If we say somebody was 17 years of age, then today they are 24 years. So, that means there is a group of people that would want to comment on this issue.

Madam Temporary Speaker, that is not my point. My point is we understand because we need to consult Kenyans frequently and we understand Kenyans change their mind and it is good to keep on consulting them. As we stand here, there are people we voted for in 2022. In those three years, we have already changed our minds.

Madam Temporary Speaker, when it comes to seven years ago, many people changed their mind on this issue. Even those who were not consulted and are of age now, can be consulted today. Therefore, I am only supporting them on that issue because we have been vindicated. People can change their mind at whatever time. So, for now, I am supporting them because of that. We want the Cabinet Secretary to conduct fresh and inclusive public participations, so that we can hear what Kenyans are saying.

Madam Temporary Speaker, you also recall that we passed a law called the Climate Change Act---

Sen. Thang’wa, just before you proceed, the last time I checked the records, I think you are a majority Senator. I think what we need to take into account that every Senator here has the freedom to contribute as they wish.

Yes, Madam Temporary Speaker, but we rarely see that. I was saying that if you recall in 2023, this House plus the National Assembly passed or amended the Climate Change Act of 2023, and it goes in tandem with the Environment Management and Coordination Act. So, if we dealt with matters climate or matters environment in the Climate Act, then they could have probably affected these regulations that were drafted seven years ago.

Some stakeholders say they were not consulted. It is always nice. That is why I do not understand. The majority call me in there, but I know myself, I do not understand why they are so much into it that this time we want to listen to the people. However, on some instances, when we are on this floor, nobody wants to listen to the people. That is what we have been saying.

We have indicated and we are happy. This should be the spirit that everything that comes to this Floor, must have been listened to by the people. Let the people be consulted and let there be public participation. That is what they are saying and it has been put out there; “Sikiliza ground.” People should be listened to at whatever level and on whatever aspect.

Proceed, Senator.

It reminded me of that debate. I do not know if you recall, when Moi University was facing closure and Sen. Kajwang’, who went to Moi University, was asking, what he would tell people when they ask him which school he attended? How can you make reference to an institution that does not exist anymore?

I am finding myself in the same dilemma as the Senator for Homa Bay County. I can no longer convince people that I was born in a decent faith-run institution because it has been closed down. We must do everything. In 1982, to find an institution such as that, that was able to safely deliver somebody who can become a Senator for Nairobi City County, was not easy. It breaks my heart that, that has befallen that hospital.

All it takes is for this Government to ensure that the system they have put in place when it comes to management of our health care works. If it works, you do not need to defend it. This is a problem I have. Everyone can see when something is working. If you defend it so hard and the people in the villages there---

I was in a very rural village called Khoome, somewhere in Saboti over the weekend. I can tell you, the question was put to those women. They have lost Linda Mama, the SHA does not work for them. Why do we insist, instead of just taking back this feedback and tweaking the system, the way that the CBK dealt with the questions

Thank you, Madam Temporary Speaker. I want to start by applauding the Committee on Delegated Legislation led by Sen. Gataya Mo Fire, for this bold position that has led the House to rally behind the entire Committee. When something is wrong, we, as a leadership, have a responsibility to say that it is wrong.

The key reason the Committee has decided that we annul these regulations is because the Ministry responsible is bringing to us regulations claiming that participation of the people was done seven years ago; that was in 2018. Very many things have changed between now and 2018. In fact, seven years ago, I had just been appointed as the Secretary General (SG) of the ODM. There has been a long, long period, this is my eighth year there. There are a lot of things that have changed, including in the political space.

Madam Temporary Speaker, just for perspective and to understand how important it is for the Government to understand that when Parliament passes a law, it is a responsibility of Government to operationalise that law, so that the people can enjoy the benefits of that legislation. It is unconscionable to go seven or 10 years without actually having actualised the law.

I want to give this House the most poignant of examples. There is a Bill that was passed by Parliament in 2017 called the National Coroners Service Bill. In the current context of the discussions about police brutality and the killings that are attributable to the security forces and the difficulty that the Independent Policing Oversight Authority (IPOA) is facing investigating these crimes and actually bringing rogue officers to book, it is unconscionable that eight years later, somebody is sitting on the regulations that would operationalise the National Coroners Service Bill.

This particular Bill would require mandatory reporting of all dates and setting up over coroner service that would investigate all violent, sudden and suspicious deaths and make it easier for the IPOA and the prosecutorial powers to actually go after the rogue police officers.

I am happy that in this particular House, out of the National Dialogue Committee (NADCO) process, in one of the NADCO Bills, we have made a proposal to put criminal penalty on people whose responsibility is to bring these regulations, and who either neglect, fail or refuse to come up with the regulations or sit on them.

I was told a story that there exists a situation in this country that the Head of Public Service Commission (PSC) has abrogated himself the right to approve gazette notices and the gazettement of regulations. Now, as far as I understand the legislative process, the Head of PSC has no legal or constitutional basis to be the one to determine the contents of regulations, when they are gazetted or if at all they are gazetted.

That needs to be looked into because these issues are critical. When we talk about the spectre of extrajudicial killings, people think we are just saying because we like to oppose everything that the Government is doing. However, they have consequences on the standing of the country and the nation that is Kenya on the world stage.

Sen. Tabitha Mutinda, proceed.

Thank you, Madam Temporary Speaker. I rise to appreciate the Committee on Delegated Legislation led by the Senator for Tharaka Nithi County, Sen. Gataya Mo Fire.

I was looking at the issues the Committee examined. Yes, we are trying to address the issue of public participation, which was last conducted in 2015: ten years down the line, according to the report I reviewed. Although some colleagues mentioned 2018, but the report states it was 2015.

I also looked at the issues they raised and they are very valid. One of them concerns the cost or fees to be charged. These fees were proposed ten years ago. We are ten years down the line and things have changed. The Committee felt there needs to be an intervention regarding these fees because the fees proposed at that time were on the higher side.

The other issue I looked at, which the Committee also raised, was the obstruction by community members from accessing resources in the forest. The Committee felt this needs to change because it protects their interests as a community and there should not be obstruction in their ability to access. These are very valid concerns. Such issues can only be addressed when proper, fair public participation is done. People should be given an opportunity to air their views, give their proposals and offer their submissions, so that some of these issues can be addressed.

It is good that institutions respect the process of legislation, a process that requires maximum public participation. That is why committees normally have media budgets. These are budgets entitled to each committee, allowing them to advertise to the public for those who wish to participate in public participation. This enables people to maximally bring in their views.

The Committee is then able to look into those issues and give guidance, see what fits. That is the main reason. It is important to say that if it were just in our space to legislate without public participation, then it would not be fair to the public. These laws are not for us as individuals or members; these laws are for this country and they affect every Kenyan. Therefore, advertisement of the same is very important.

I have also seen that the same Committee on Delegated Legislation was able to question whether the Ministry had prepared and submitted a regulatory impact statement. There was no documentation provided to show whether the public was notified. The Committee found that no documentation could be traced at all. These are very valid concerns. This means the Committee was able to dig deeper to check if any

The placenta is shared by the mother and the child. I do not think any party can claim whose placenta it is. It is also mine and I can text my mother here to confirm whose placenta it was.

Proceed, Senator.

is identifying the problem. Leadership is also offering the same problem on the same platform. We are not going to get out here in the Senate after 2027 with certificate of either who was shouting more than the other, who had more points of order than the other. It is not about that; it is what we have been able to deliver as a House. There is no law that is for Sen. Boni Khalwale. There is no law that is for Senior Sen. Oburu Odinga. This law is for us as a country and as the people of this nation. That should sink very well, but it is not about the highest shouting person.

With those many remarks, I really appreciate the Committee on the same and urge them through their leadership to fast-track this, so that these regulations are up to date.

Thank you, Madam Temporary Speaker.

that were raised about voiding of payments? They have told us that they have taken steps to ensure that it will no longer be possible for county officials to void payments.

That is the sort of Government we want; a Government that just listens to criticism and takes corrective measures. I was very pleased when, after bringing the question of university accommodation fees here, the Ministry took steps to correct that. That is what we expect from a government that is responsive; not just being defensive and sending hecklers to heckle us down here in Parliament whenever we raise these issues. I do not want to mention them. I have finished.

Thank you.

Sen. Tabitha Mutinda, proceed.

Thank you, Madam Temporary Speaker. I rise to appreciate the Committee on Delegated Legislation led by the Senator for Tharaka Nithi County, Sen. Gataya Mo Fire.

I was looking at the issues the Committee examined. Yes, we are trying to address the issue of public participation, which was last conducted in 2015: ten years down the line, according to the report I reviewed. Although some colleagues mentioned 2018, but the report states it was 2015.

I also looked at the issues they raised and they are very valid. One of them concerns the cost or fees to be charged. These fees were proposed ten years ago. We are ten years down the line and things have changed. The Committee felt there needs to be an intervention regarding these fees because the fees proposed at that time were on the higher side.

The other issue I looked at, which the Committee also raised, was the obstruction by community members from accessing resources in the forest. The Committee felt this needs to change because it protects their interests as a community and there should not be obstruction in their ability to access. These are very valid concerns. Such issues can only be addressed when proper, fair public participation is done. People should be given an opportunity to air their views, give their proposals and offer their submissions, so that some of these issues can be addressed.

It is good that institutions respect the process of legislation, a process that requires maximum public participation. That is why committees normally have media budgets. These are budgets entitled to each committee, allowing them to advertise to the public for those who wish to participate in public participation. This enables people to maximally bring in their views.

The Committee is then able to look into those issues and give guidance, see what fits. That is the main reason. It is important to say that if it were just in our space to legislate without public participation, then it would not be fair to the public. These laws are not for us as individuals or members; these laws are for this country and they affect every Kenyan. Therefore, advertisement of the same is very important.

I have also seen that the same Committee on Delegated Legislation was able to question whether the Ministry had prepared and submitted a regulatory impact statement. There was no documentation provided to show whether the public was notified. The Committee found that no documentation could be traced at all. These are very valid concerns. This means the Committee was able to dig deeper to check if any

documentation existed and to analyse the regulations in place. Are they worthy to be in place in this year, 2025?

Further, from 2015 to date, when we invite most of these public officers or different stakeholders, in most cases, they are normally accompanied by their legal teams. Therefore, I really wonder where the legal department has been. This is laxity for the legal department in the Ministry. They should be the ones advising the Cabinet Secretary as far as all these regulations are concerned. This is because if they had done their part, then we would not be here looking at this nullification.

They should work with speed with the same leadership of the Committee to ensure they submit the right changes after conducting public participation and advising the Ministry. These changes can now be adopted with the current place where we are today in 2025. I speak from where I sit also as a member of the climate caucus led by ours truly, Sen. Kajwang’. This is because today in 2025 we are speaking matters climate change. These are issues that need to be captured in the same regulations.

I feel it is just a matter of the people, the officials or officers who are mandated to be able to undertake their legal mandate have not been up to the task as required. It should be known that public participation is not specific to any person, it is open to all Kenyans, to all stakeholders who want to have and put their input as far as specific legislation is concerned.

As the debate has been going on, I have been keen to hear my colleagues when they talked about the issue of SHA. This is a very important discussion. I speak as a Member of the Committee on Health. We have been out there doing our oversight, visiting different hospitals, Level 5 hospital, the county and sub-county hospitals.

Personally, I have been keen on getting to understand if SHA is working? If it is not working, what is the challenge? Recently, we were in Kilifi County. We were there last weekend. One of my concerns was from the admissions desk, the person who is in charge in terms of receiving payments and also the issues of SHA. We were able to ask as a Committee, whether SHA is working. The response was, yes, it is working. The only challenge that was in place is that there was no digitalisation. People had to leave their ID cards, be given a small form, they fill up. We were also able to interact with the clients or patients in that hospital. We asked them whether SHA is working or not? According to them, they said ‘yes.’

Madam Temporary Speaker, they were certain that the process is ongoing. There should be conversations of; this is the specific challenge. It cannot just be generalised that it is not working. It is good to say what specifically is not working. What is the exact problem? What is the exact challenge, but not just a generalisation that a system is not working.

I have heard my Senator talk about the hospital that he proudly says he was born in, which is good and asked, what will he tell the future generation and my generation, if this hospital does not exist? It is the same question I asked today. What will we say if we still continue allowing people to put fire in this country to burn it? Where will we say we are coming from? Which Kenya will we call home?

It is important that we highlight the problem and at the same time, offer a solution to the problem. It cannot just be negative critique without a solution. Leadership

Madam Temporary Speaker, that is a frivolous point of information. My Secretary General declared the source of his contribution, which included Members of this House. He fully accounted for it.

With those remarks, I support the Report of the Committee.

Sen. Seki.

Thank you, Madam Temporary Speaker. I also take this opportunity to put my voice on the Report of the Committee on Delegated Legislation, chaired by Sen. Mo Fire, on nulling the environmental report. Sincerely speaking, I support and thank the Committee for going against what is not supposed to be because they were also working under pressure. However, this report has been submitted to this House with stakeholders' engagement. The stakeholders informed the Committee that the regulations the state corporations and the ministries have been using did not pass through Parliament.

It is true that the Government needs to regularize or operationalize regulations that have come to this House. In most cases, we have seen a number of regulations or guidelines that have not come to this House being operationalized by ministries and state corporations, and that becomes a big problem to members of the public and the entire nation. This is in terms of charges, punitive charges, penalties or through the charges that are there in those regulations. It is important for the House that is constitutionally given the mandate to go through these regulations and Acts of Parliament and come up with what is important.

Madam Temporary Speaker, that is why we are supposed to go through public participation as a Senate and Parliament. It is important that this Committee came up with resolutions that we annul these regulations and that was in order.

It would be interesting if this Committee will go through several regulations that are being used in several Acts. It would be good to look at the regulations used in the operationalize of SHA. The same case should happen to the regulations used to operationalize the Hustler Fund. These are important regulations that we need to go through as Parliament and as a Committee. I, therefore, urge this Committee to go through the regulations used in several Acts and which the ministries and state corporations are implementing.

Madam Temporary Speaker, I also support the Committee’s recommendations to annul this Report. I thank you.

Hon. Senators, there are no more requests, I, therefore, call upon the Mover to reply.

Madam Temporary Speaker, I would like to inform my Chair for County Public Accounts Committee (CPAC) , and I like his eloquence, that the ODM Secretary General, Sen. Sifuna, donated Kshs1 million in Saboti, Hamisi. When he says they do not subscribe, there should be clarity on what he is saying.

core business of this House is to legislate and, today, this House has absolved that law as power.

I do not want to go into details of why we recommended for annulment of the report because that matter has been properly processed by quite a number of debaters who have been able to process the whole process.

To sum up, I would request you that pursuant to Standing Order No.66(3) of the Senate Standing Orders, I request for deferment of the putting of the Question to a later date owing to the fact that the House does not have quorum to that effect.

The putting of the Question is so deferred.

Next Order.

Hon. Senators, pursuant to Standing Order No.43, I hereby wish to reorganize the order of business and call that we move on to Order No.23.

Sen. Seki.

The Chairperson, the Senate Standing Committee on Energy, Sen. Kisang, please proceed.

Thank you, Madam Temporary Speaker. I would like to move this Motion on behalf of the Chairperson. I beg to move: - THAT, the Senate adopts the Report of the Standing Committee on Energy on the County Oversight and Networking Engagements in Wajir County laid on the table of the Senate on Thursday, 17th April, 2025.

Madam Temporary Speaker, I present this Report for consideration and approval by the House, pursuant to Standing Order No.223 (6) of the Senate Standing Orders. Pursuant to its mandate under Standing Order No.228 (3) of the Senate Standing Orders to provide oversight and to consider all matters relating to fossil fuel exploration, development, production, maintenance and regulation of energy in line with the resolution at its sitting held on 8th October 2024, the Standing Committee on Energy resolved to undertake a series of county visits, which included going to Wajir County, amongst others.

Madam Temporary Speaker, these visits were aimed at assessing key factors affecting the energy subsector at the county level, with a particular focus on historically marginalized counties in the northern frontier, major urban centres and cities, as well as

Madam Temporary Speaker, I sincerely thank my fellow Members for generously contributing to this important debate, which has generated a lot of interest from across the divide. Many Members have enriched the report of the Committee. Therefore, as the Chairperson of the Committee, I am impressed because the

core business of this House is to legislate and, today, this House has absolved that law as power.

I do not want to go into details of why we recommended for annulment of the report because that matter has been properly processed by quite a number of debaters who have been able to process the whole process.

To sum up, I would request you that pursuant to Standing Order No.66(3) of the Senate Standing Orders, I request for deferment of the putting of the Question to a later date owing to the fact that the House does not have quorum to that effect.

The putting of the Question is so deferred.

Next Order.

Hon. Senators, pursuant to Standing Order No.43, I hereby wish to reorganize the order of business and call that we move on to Order No.23.

Sen. (Dr.) Oburu, you may proceed.

Madam Temporary Speaker, I rise to second this Motion by my committee as presented by my very able Vice-Chairperson here. The Committee was in Wajir County and Wajir is in dire situation. You will find a huge town like Wajir, which is serving several constituencies, still not connected to the national grid, and it is just using generators. It is high time that these areas are given the attention they need.

At Independence, there was a sessional paper, which was called Sessional Paper No.10 of 1965. This Sessional Paper, which was adopted by the Kenyan government, stated clearly that areas that did not produce high yields in terms of investment over a shilling were not going to be given priority in terms of development.

It was, how much of the yield you bring to the table when a shilling is invested in your area? So, because these areas have a very large tract of land, the land also produces a lot of milk because there are a lot of cattle, the land also has a very productive population who are very good at inventions and in trade and it borders many countries and counties.

These areas have suffered serious neglect since the independence of our country. It is high time that our independent government directed attention to these areas, which have been marginalised. To me, the marginalisation started right at independence because of the policies that were adopted then.

Right now, we have had several changes in government, governments with different policies and we have experiences that we know. For instance, a country like Botswana, which is all arid and semi-arid, in fact almost arid all through, but just because of the minerals they have--- I am sure we have those minerals in this country--- the minerals and the cattle they have, can be sold for the hides which gives them so much money because they export.

We travelled with the Cabinet Secretary of Energy and Petroleum to Turkey; we also travelled to India, and these people are importing hides from other African countries. They told us categorically that they cannot import from Kenya. The reason is that the way we slaughter our animals is still very primitive. We just use the knives to skin our animals. Using the knives to skin animals spoils the skins, and the quality of the skin goes down completely.

We need to establish big abattoirs in this country, in these counties, so that we can properly and professionally slaughter our animals, so that the quality and the earnings from these hides and skins are improved.

Madam Temporary Speaker, I do not want to speak anymore. I did not travel on this particular journey, but I am pleading with the House to support this Report by my committee so that we can move forward.

I want to end by saying that I second the Report and plead with the House to support.

The Committee observed with concern that Wajir County remains unconnected to the national electricity grid, rendering it dependent on localized power generation. At the time of the Committee's oversight visit, it was established that counties' electricity supply was primarily reliant on four diesel generators. As you know, we are moving away from fossil fuel to green energy, but then they rely entirely on generators. Kenya Power informed the Committee that its substation serving the county relies on four diesel generators, and out of which only two of are owned by Kenya Power. The other two are leased from private entities. During the Committee's visit, one of the generators was not even functional. So basically, they are only on two, while the other was functioning at less than 40 per cent of its total capacity.

Consequently, there is an overreliance on the two leased generators, resulting in frequent power outages and short letting which has undermined security, sparked public unrest, disrupted essential services, and negatively impacted local businesses.

Madam Temporary Speaker, sometime last year, there was an unrest that cost some lives in Wajir County as a result of lack of power. The committee recommended that the Ministry of Energy and Petroleum should give priority to historically marginalised off-grid counties, particularly Wajir, in the future transmission projects and submit feasibility studies for the proposed Garissa-Wajir transmission line.

There has also been a proposal to extend the line from Isiolo to Marsabit, Wajir and Mandera to ensure that this part of the community of Kenya is served by green energy.

Additionally, Kenya Power should procure and install modern energy-efficient generators to replace their outdated ones in Wajir and implement a robust maintenance schedule, reporting progress within six months. We are almost due. As the House resolves and adopts this report, the six months begin for the KPLC to report back to the House.

The Office of the Auditor-General should conduct a special audit of the KPLC’s inventory management in Wajir County, focusing on generators and stored electricity materials and submit its findings within three months.

The Committee also recommended that the Ministry of Energy and Petroleum, through its agencies, Kenya Power and the Rural Electricity and Renewable Energy Corporation (REREC), ensures greater transparency in the award of energy sector contracts in the county by adopting clear, public procurement guidelines that give priority to the locals.

This is common across Northern counties, where we have banditry and where there is insecurity. Where contractors are given contracts and after a short while, they take off; they run away from the regions and the projects keep delaying. It runs even up to three, four years and we deny the people services.

The Kenya Power and REREC should give priority and give contracts to the locals because even if there is insecurity, they are used to the area, they know how to operate and undertake the projects without delays.

In conclusion, I wish to commend the Office of the Governor and the County Executive of Wajir County, Members of the County Assembly, representatives of Kenya

Sen. (Dr.) Oburu, you may proceed.

Madam Temporary Speaker, I rise to second this Motion by my committee as presented by my very able Vice-Chairperson here. The Committee was in Wajir County and Wajir is in dire situation. You will find a huge town like Wajir, which is serving several constituencies, still not connected to the national grid, and it is just using generators. It is high time that these areas are given the attention they need.

At Independence, there was a sessional paper, which was called Sessional Paper No.10 of 1965. This Sessional Paper, which was adopted by the Kenyan government, stated clearly that areas that did not produce high yields in terms of investment over a shilling were not going to be given priority in terms of development.

It was, how much of the yield you bring to the table when a shilling is invested in your area? So, because these areas have a very large tract of land, the land also produces a lot of milk because there are a lot of cattle, the land also has a very productive population who are very good at inventions and in trade and it borders many countries and counties.

These areas have suffered serious neglect since the independence of our country. It is high time that our independent government directed attention to these areas, which have been marginalised. To me, the marginalisation started right at independence because of the policies that were adopted then.

Right now, we have had several changes in government, governments with different policies and we have experiences that we know. For instance, a country like Botswana, which is all arid and semi-arid, in fact almost arid all through, but just because of the minerals they have--- I am sure we have those minerals in this country--- the minerals and the cattle they have, can be sold for the hides which gives them so much money because they export.

We travelled with the Cabinet Secretary of Energy and Petroleum to Turkey; we also travelled to India, and these people are importing hides from other African countries. They told us categorically that they cannot import from Kenya. The reason is that the way we slaughter our animals is still very primitive. We just use the knives to skin our animals. Using the knives to skin animals spoils the skins, and the quality of the skin goes down completely.

We need to establish big abattoirs in this country, in these counties, so that we can properly and professionally slaughter our animals, so that the quality and the earnings from these hides and skins are improved.

Madam Temporary Speaker, I do not want to speak anymore. I did not travel on this particular journey, but I am pleading with the House to support this Report by my committee so that we can move forward.

I want to end by saying that I second the Report and plead with the House to support.

individuals. They must be called to order. They are the ones in collusion with local contractors. We need to be fair to Kenyans. If there is a project in Siaya, why would you take a contractor from Nairobi? How will the economy of Siaya grow? Why would I take a contractor from here to Bomet, Uasin Gishu, Nandi or Mandera?

Why do you not give it to the local contractors of Wajir to do the job so long as they have capacity? That is how you grow economy. That is the true intention of devolution. I note your change of appearance today, Mr. Temporary Speaker, Sir. It is rare to see you in reading glasses. We must be told the truth. Sen. Mandago has been a governor and he knows the power of giving a job to a local contractor. It will grow the economy; they will spend there. A local contractor will buy Sukuma wiki there, he will go to a local club, take one or two for the road and go for Ohangla music. I think the artist is called Prince Indah. The local contractor would take teas and mandazi there. That is how you grow the economy. However, if I give a contractor from Nairobi they job, they will spend the money in Nairobi. We want that money to go there. A local contractor will go to a local church, will contribute in a local village or church. I agree with this committee that REREC and Kenya Power must be called to order. They need to award the local contractors.

I want to also sound a warning. In conclusion, county governments, have pending bills of over Kshs110 billion. I am told there are obtaining fees by some of the county governors. I am told Nairobi is leading with 30 per cent. In Nairobi City County, if you want to be paid, you must be ready part with 30 per cent. I am told in a county like Nandi; they are doing 20 per cent.

So, if you have a pending bill, you go and see governor. If you are good looking, if you are handsome, if you talk very well, you leave 30 per cent. That is what is happening in Nairobi. We were discussing about voiding of payments, if you look even on all these aspects, here in Nairobi, you must pay 30 per cent. When you look at the people being paid among these local contractors of Nairobi, they must part with 30 per cent of their earnings.

The biggest threat to the growth of contractors and business people in Kenya is this issue of undermining and getting what we call obtainer fees or protection fees from contractors. I agree with the Committee. I would want to see this done because he has said six months. I hope, Chairperson, when you report to the House, bring us the list of contractors from Wajir. Let them be known that they come from Wajir. It will be very easy.

I would be excited to get the same for Nandi. I want when REREC comes to Nandi, they should award contracts to local contractors. We have the capacity. We are not saying, favour us. We are not saying, violate the law. Give them the right. Give every Kenyan the right. Therefore, I support this Committee Report and Chairperson---

Sen. Cherarkey, you are already off time. Your time is up. You have got no microphone. Give him 30 seconds to conclude.

job and we are proud of his experience. There is no school of experience. It is only people like Sen. Oburu we can learn from.

Mr. Temporary Speaker, Sir, with those many remarks and indulgence, allow me to support and wish the Committee on Energy all the best.

I thank you.

You remember in those days, when the people from Turkana used to come to Nairobi, they used to say, we have come from Turkana, we are now going to Kenya. This is because the tarmac road would start from Kitale. I know Sen. Mandago is conversant with what I am saying.

Number four is on special audit on Kenya Power. Apart from activities within the Wajir, we should incorporate the issue of electricity tokens. You buy a token of Kshs1,000 or Kshs200, within a day or a few hours, it starts beeping signaling low credit. You cannot even sleep. It behaves like an alarm. I want to enrich the report by Committee on Energy. Apart from special audit, can you direct that we do audit on this purchase of electricity tokens and prepaid? This is because that is where corruption is in Kenya Power. I challenge the Committee. Apart from auditing the activities of Kenya power in Wajir, please push for the special audit of the issue of electricity tokens. Many Kenyans suffering. They buy tokens.

I am happy that 26 million Kenyans have received the Hustler Fund. I think Kshs72 billion has been disbursed. I heard my colleagues who the earlier Motion, saying it is Kshs1,000. They do not know that there are Kenyans who are buying tokens of Kshs50 or Kshs100. Is it because they are staying in offices that are air-conditioned? Is it because they have too much in excess that they do not see Kshs500 or Kshs1,000 as money?

When I was studying in Riara Law School, near Kibra, and that Kshs500 or Kshs200 was enough for four of us to buy food when we used to live in high-rise apartments near Kibra. That is Kshs200, yet people are saying that Kshs500 or Kshs1,000 is not enough. It is enough for a family that operates in Kidogo economy. Therefore, the audit must be done. There is a huge corruption, especially on prepaid tokens in Kenya Power and Lighting Company.

I know you know in Chebole, Chepalungu or Ndonyo, somewhere in Bomet Central, when an electricity pole falls, Kenya Power will take even two months to erect it. When a generator blows up, Kenya Power will take three months or even a whole year to sort the problem. However, when you fail to pay even Kshs1 to Kenya Power, they will come with lightning speed to hunt you down for not paying your bill but they will never come with the same speed to fix the mess. That is why I want to challenge the Committee. Forget that there were also fake transformers. You remember the scandal of transformers? You must go after them. When you work in Bomet, Uasin Gishu, Nandi, Mandera, or anywhere in the country, you will get one or two primary schools that their transformers blew up. We need audit.

Where did these fake transformers that were purchased in the previous government go to? Is it the reason? To purchase a new transformer is about Kshs4 million plus, which is quite costly and expensive. That is why I support and within six months, we must see that special audit report before the House. We want the people of Wajir to feel the same right as people in Homa Bay, Siaya, and Nairobi.

It is not fair to say there is power rationing yet we are aware that God has been gracious, we have rain and we are hydro-generating. It is good to be fair. The Committee on Energy must summon REREC to appear before our committee. Are they doing their work politically motivated? I have never understood them. I am surprised that they follow

individuals. They must be called to order. They are the ones in collusion with local contractors. We need to be fair to Kenyans. If there is a project in Siaya, why would you take a contractor from Nairobi? How will the economy of Siaya grow? Why would I take a contractor from here to Bomet, Uasin Gishu, Nandi or Mandera?

Why do you not give it to the local contractors of Wajir to do the job so long as they have capacity? That is how you grow economy. That is the true intention of devolution. I note your change of appearance today, Mr. Temporary Speaker, Sir. It is rare to see you in reading glasses. We must be told the truth. Sen. Mandago has been a governor and he knows the power of giving a job to a local contractor. It will grow the economy; they will spend there. A local contractor will buy Sukuma wiki there, he will go to a local club, take one or two for the road and go for Ohangla music. I think the artist is called Prince Indah. The local contractor would take teas and mandazi there. That is how you grow the economy. However, if I give a contractor from Nairobi they job, they will spend the money in Nairobi. We want that money to go there. A local contractor will go to a local church, will contribute in a local village or church. I agree with this committee that REREC and Kenya Power must be called to order. They need to award the local contractors.

I want to also sound a warning. In conclusion, county governments, have pending bills of over Kshs110 billion. I am told there are obtaining fees by some of the county governors. I am told Nairobi is leading with 30 per cent. In Nairobi City County, if you want to be paid, you must be ready part with 30 per cent. I am told in a county like Nandi; they are doing 20 per cent.

So, if you have a pending bill, you go and see governor. If you are good looking, if you are handsome, if you talk very well, you leave 30 per cent. That is what is happening in Nairobi. We were discussing about voiding of payments, if you look even on all these aspects, here in Nairobi, you must pay 30 per cent. When you look at the people being paid among these local contractors of Nairobi, they must part with 30 per cent of their earnings.

The biggest threat to the growth of contractors and business people in Kenya is this issue of undermining and getting what we call obtainer fees or protection fees from contractors. I agree with the Committee. I would want to see this done because he has said six months. I hope, Chairperson, when you report to the House, bring us the list of contractors from Wajir. Let them be known that they come from Wajir. It will be very easy.

I would be excited to get the same for Nandi. I want when REREC comes to Nandi, they should award contracts to local contractors. We have the capacity. We are not saying, favour us. We are not saying, violate the law. Give them the right. Give every Kenyan the right. Therefore, I support this Committee Report and Chairperson---

Sen. Cherarkey, you are already off time. Your time is up. You have got no microphone. Give him 30 seconds to conclude.

Mr. Temporary Speaker, Sir, I do not know why they switched it off when I was giving accolades to the first born of the Broad-Based Government, Sen. (Dr.) Oburu Odinga. As the Chairperson of the Committee on Energy, he is doing a good

Hon. Senators, for the convenience of the reminder of the business of the House, we shall defer Order Nos.12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. Further, I defer Order Nos.24, 25, 26 and 27 to the next sitting of the House.

Sen. Mandago, please proceed.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity. I rise to support the report of the Senate Committee on Energy led by the Senator for Siaya County, Sen. (Dr.) Oburu Odinga.

This Committee has given this House very good information in terms of ensuring that this country is equitably developed. Indeed, as a country, in order to develop and encourage growth of the manufacturing sector, energy or electricity is a basic requirement.

Even as the Government strives to build County Aggregation and Industrial Parks (CAIPs) in every county in this country, electricity will be a factor in attracting the industries to those counties. Therefore, this committee has done a commendable job in informing the nation of the dire need of some counties in this country of being connected to the national grid. It is not acceptable that we do have counties in this country, 60 years after Independence, that are not connected to the national grid.

I thank this administration of Kenya Kwanza, led by President William Ruto, because for the first time, there is a deliberate and affirmative action towards liberation of those regions. We have seen that by the roads that are being constructed to ensure ease of transportation. We are hopeful that there is also a masterplan on energy to ensure that all regions are connected to the national grid.

Wajir, Mandera, Marsabit, Turkana and many other arid and semi-arid counties have good natural clean energy that can be tapped to generate electricity. We have the Lake Turkana Wind Power which was a brilliant idea. Unfortunately, there was a problem of delay and the manner in which the contract was crafted in favour of the contractor.

Today, the cost of that project, in excess of what the project had been procured for, has been passed to Kenyans all over the country without actually consuming power from Lake Turkana Wind Power Project. I also urge this committee that has done a good job to look into the matter of Lake Turkana Wind Power because wind is another form of clean energy that can be utilised in those counties.

When we talk of connecting Wajir, Mandera and other counties to the national grid, we are not saying that the power must be generated through hydro. It is possible to generate large-scale power production through solar firms and wind power and connect the whole of that region to the national grid and even supply extra power for purposes of reducing the cost of energy in the country.

I wish to encourage the committee to pursue Rural Electrification and Renewable Energy Corporation (REREC) , which has a clear mandate in terms of developing renewable clean energy to focus on these regions. It does not make sense for REREC and the Ministry of Energy and Petroleum to begin pursuing solar projects in areas where we have hydro or where we already have connectivity to the grid. All renewable energy

projects for wind and solar should be focused on those regions so that they have consistent power.

Mr. Temporary Speaker, Sir, I also want to ask the Chair of the Committee on Energy to look into the operations of Kenya Electricity Transmission Company (KETRACO) Limited. As I speak, a county like West Pokot is unable to get power for a number of factories that have gone to those regions like the cement factory because there is a transmission transformer that was procured at a cost of close to Kshs400 million.

The transformer was transported from Mombasa. Unfortunately, there was an accident somewhere on the way and the transformer was damaged. The mode of transportation was neither procured nor insured. It has resulted into a loss. Up to date, that transformer has not been replaced.

It means the plan of enabling connectivity in a number of places in the country has been hampered by that. The Cabinet Secretary for Energy and Petroleum and the Senate Committee on Energy must take decisive action on that matter, so that officers who were involved are surcharged to make sure that value for money is gotten.

The same should apply to Lake Turkana Wind Power. Lake Turkana Wind Power would have possibly supplied power to parts of Marsabit. Probably it would have been a model that would have been replicated in all these other counties to make sure that we have sufficient energy.

Counties should also put part of the money we appropriate in this House into ensuring that their citizens, cities and markets have electricity. We have witnessed that when streetlights and floodlights are supplied in the markets, there is more time for people to run their businesses. They extend the time they do business from 6.00 p.m. to

Thank you, Sen. Mandago. Hon. Senators, there being no other Member wishing to contribute to this Report, I ask the Chairperson of the Committee on Energy, Sen. (Dr.) Oburu to reply.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity to reply. I beg to reply and thank my fellow Senators who have contributed to this report and all the comments have been taken kindly because electricity is an essential element of development in any country. There is no country which can develop without electricity. It is not a luxury but a necessity and when we talk about, there are many issues which arise. Members have raised issues and some of them directed to our report on Wajir but some generally affect electricity supply all over the country. We have noted them and some of them are already being discussed and they will be in other reports, which will be tabled in the House soon.

Pursuant to Standing Order No. 66 (3) of the Senate Standing Orders, I request that the question be deferred to a later date.

Hon. Senators, for the convenience of the reminder of the business of the House, we shall defer Order Nos.12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. Further, I defer Order Nos.24, 25, 26 and 27 to the next sitting of the House.

Hon. Senators, we may now rise. There being no other business on the Order Paper, the Senate stands adjourned until tomorrow, Thursday, 7th August, 2025, at 2.30 p.m.

The Senate rose at 6.18 p.m.