Wednesday, 8th October, 2025

Clerk, do we have quorum?

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

Serjeant-at-Arms, kindly stop the Bell. We have quorum and we will proceed with the business of the day.

Clerk, kindly proceed to call the first Order.

Mr. Speaker, Sir, I beg to give notice of the following Motion-

THAT AWARE that the existing policy frameworks, including the East Africa Community (EAC) Customs Management Act, the EAC Common Market Protocol, and Kenya's National Trade Policy, advocate for the simplification and harmonisation of customs procedures and the elimination of non-tariff barriers;

NOTING that the Busia and Malaba border posts are critical gateways for regional trade, handling a significant portion of Kenya's commerce with Uganda

and other EAC Partner States thus the efficient operation of border posts is critical for national revenue collection, trade facilitation, and the economic well-being of the public and more so residents of Busia;

FURTHER NOTING that various challenges continue to impede operations at these borders, particularly at Malaba border, such as severe congestion, inadequate human resource, inadequate infrastructure including narrow roads and insufficient cargo scanners, and delays in customs processing due to duplication of roles and multiple agency checks, thus increasing the cost of doing business, leading to spoiling of perishable goods, and undermining regional economic integration efforts;

CONCERNED that there are several stalled projects namely; the underutilised Mundika and Malaba trailer parks, 200-acre undeveloped parcel of public land at Ngelechom among others thus exasperating congestion and representing a significant waste of public resources;

FURTHER CONCERNED that these persistent challenges undermine the goals of the EAC Common Market Protocol by impeding the smooth flow of goods, creating an unlevel playing field for Kenyan businesses, and hindering regional economic integration, thereby resulting in loss of potential revenue, business opportunities, and economic vitality for Kenya;

COGNIZANT that urgent and decisive intervention is required to streamline operations, modernise infrastructure, and harmonise policies to restore Kenya's competitive edge and fully realise the benefits of the EAC;

NOW THEREFORE, the Senate resolves that-

Thank you, Mr. Speaker, Sir. I beg to move the following Motion-

THAT AWARE that the existing policy frameworks, including the East Africa Community (EAC) Customs Management Act, the EAC Common Market Protocol, and Kenya's National Trade Policy, advocate for the simplification and harmonization of customs procedures and the elimination of non-tariff barriers;

NOTING that the Busia and Malaba border posts are critical gateways for regional trade, handling a significant portion of Kenya's commerce with Uganda and other EAC Partner States thus the efficient operation of border posts is critical for national revenue collection, trade facilitation, and the economic well-being of the public and more so residents of Busia;

FURTHER NOTING that various challenges continue to impede operations at these borders, particularly at Malaba border, such as severe congestion, inadequate human resource, inadequate infrastructure including narrow roads and insufficient cargo scanners, and delays in customs processing due to duplication of roles and multiple agency checks, thus increasing the cost of doing business, leading to spoiling of perishable goods, and undermining regional economic integration efforts;

CONCERNED that there are several stalled projects namely the underutilised Mundika and Malaba trailer parks, 200-acre undeveloped parcel of public land at Ngelechom amongst others thus exasperating congestion and representing a significant waste of public resources;

FURTHER CONCERNED that these persistent challenges undermine the goals of the EAC Common Market Protocol by impeding the smooth flow of goods, creating an unlevel playing field for Kenyan businesses, and hindering regional economic integration, thereby resulting in loss of potential revenue, business opportunities, and economic vitality for Kenya;

COGNIZANT that urgent and decisive intervention is required to streamline operations, modernize infrastructure, and harmonise policies to restore Kenya's competitive edge and fully realize the benefits of the EAC;

NOW THEREFORE, the Senate resolves that-

collected and within two minutes, I am on my way. That is not the experience most Kenyans go through. It is unfortunate that we have normalised making exceptions for leaders - the people who in the first place should have solved the problem. We have accepted that to be part and parcel of our culture and how we want to run our country.

We need to make the system efficient enough so that if, for example, today the Speaker planned to have a meeting in Jinja, the same way they will move with speed to give you clearance, is the same way they will clear a truck driver who has driven for over 12 hours from the Port of Mombasa and still has another seven or eight hours to drive all the way to northern Uganda to deliver goods and services there.

Therefore, I want to urge colleagues to share their thoughts and experiences on this matter. One of our colleagues here was asking me, after we speak, what happens? I reject that defeatist ideology because I believe, first of all, that Parliament never speaks out of idleness. When Parliament speaks, the right people listen and know what needs to be done. Secondly, Parliament is a House of representatives.

Those people who are stuck there are mostly drivers from all the 47 counties. They are our employers by and large; the people that vote for us to come to this august House and they expect that somebody will speak for them.

I do not know what makes it so difficult. Those of us who visited the border post this morning - I do not know whether it is by design or some conspiracy - were told that it is only the slightly elderly Senators who managed to wake up at 7:30 a.m. and were in Busia. None of the young men arrived on time. I want to congratulate all the elderly Senators that woke up.

Order, hon. Senators. May the Majority Leader be heard in silence. Order, Senator for Nandi. Majority leader, proceed.

Thank you, Mr. Speaker, Sir, for protecting me.

(Inaudible)

Order, Senator for Nandi!

You know the guilty are always afraid, Mr. Speaker, Sir.

Proceed, Majority Leader.

The point that I want to make is that I really look forward to listening to the elderly Senators that made time to visit Malaba Border Post. In fact, since I am as guilty as charged, I will forego lunch to go to Malaba Border Post, together with all the young Members of the House who could not wake up at 7.30 a.m. Those that made it, we appreciate.

Mr. Speaker, Sir, if you have travelled across Europe, you will know that according to the European Union custom practices which we have borrowed so heavily

from in the EAC protocols, as long as an individual, good or service is in one of the territories, they move as freely as possible within all the member states. That is the vision that the EAC has had since the days of President Moi to the best of my recollection. However, nobody has ever checked and succeeded in moving this and making it a reality.

The people of Uganda, Tanzania and all these other countries are one people. We are separated by geographical boundaries that we never even participated in drawing. They were drawn up in lands so far away yet we want to stick and adhere to them so much that we are making it difficult for us to trade and do business.

Mr. Speaker, Sir, you remember in the year 2023, after the signing of the African Continental Free Trade Area (ACFTA) Protocol, the President flagged off the first commodities to be traded within the ACFTA. The tea that left Kenyatta International Convention Centre (KICC) took three months to get to Accra. What kind of business is that? Who would accept to participate in such kind of trade unless we, as parliamentarians, we as policy makers, the decision-makers are intentional about speaking about these issues, engaging our colleagues, including our colleagues in the parliaments of East Africa?

We are about to go to Uganda for the East African Inter-Parliamentary Games. Many times, when we are engaging with our colleagues, we always remind ourselves that we need to integrate, deepen and do all those things. Beyond the sports, I believe it is time that we have this conversation at the leadership level and ask ourselves whether we are efficient. Can we not do better than the things that we see at Malaba? Why are we behaving like ancient creatures yet the technology is available? A truck should be cleared in a one-stop from Mombasa and move all the way within the EAC without all this nonsense of being stopped where there are scanners and the rest. We know that technology exists to track a truck driver, to know whether they stopped somewhere, whether they loaded or offloaded the goods that they are carrying, whether they have misdeclared.

Regarding all these fears that we have that are creating these bottlenecks, there exists mechanisms and the technology to ensure that you beat that which you fear as a country yet somehow, we are unable to address those things. You should see the resolutions that we are asking some of our agencies like the KRA, which already has scanners at work, to implement.

I do not know, but I suspect that later, when the second batch visits, we might find that the earlier group which visited, though we appreciate their effort, may have been shown a dead scanner that only needed to be powered on. Chances are that they might not have realised that it was only an issue of powering it on. I believe that the second group going over lunch hour will need to check and find out why these scanners never work, necessesitating the need for people to rely on paperwork.

If you visit the border post right now, you will find that some people have made it into a business. They carry paperwork from the Kenyan side and go with it to the Ugandan side and within 5 or 10 minutes, they have cleared and you are told to move. There is no order there.

The land set aside 20 years ago, this truck parking space in Ngelechomu is a story that we have heard for many years. We have heard that there is a truck parking place that will ensure that there is safety, that trucks are parked in a nice and decent manner.

I shudder to imagine what would happen with all these trucks that are full of petrol if there was a mishap and one truck ran into another starting a fire. Imagine what would happen to all these trucks that are queuing up here became a danger to members of the public, to society, the young children that live within this area simply because we cannot get our act together?

These are issues that we must speak about. I know that in any part of an African society, when you see things not working, it is not because they cannot work. It is because they have been designed not to work so that people profit out of it.

We must be bold enough, as a House of Parliament, to look straight in the eye of all these Government agencies that have been mentioned in this report; the KRA, the Kenya National Highway Authority (KeNHA), Ministry of Transport, to the EAC State Department and ask of them to get their act together.

You cannot continue to treat East African citizens to this level of mismanagement and expect that we shall be a thriving economy. Who will invest here? You know, we market ourselves. I have seen presentations being done each time when our Heads of State meet in Arusha that this is a community with over 250 million people. Which 250 million people while you know very well that if you manufacture in one of the partner states, to move those goods from the partner state to the next is hell on earth. We cannot call ourselves an integrated community until we make it possible for anybody to market, anybody to produce and move with ease as we desire. Unfortunately, what you see here in Busia is the same situation in Malaba, Namanga, Isebania and all these other places. It is really unfortunate.

I want to urge the Members of the Committee on Trade, Industrialisation and Tourism and Members of the Committee on Roads, Transportation and Housing who have better and finer details on this topic to speak up on this matter.

Beyond raising our voices here in Busia even as we return back to Nairobi, engage these decision-makers; KRA, Ministry of Finance and Economic Planning, et cetera. This Motion is calling upon them to feed this institution with a 90-day rapid plan on how this can be concluded so that even counties can benefit as well.

There was a conversation yesterday about how Busia, as a county, can tap into the opportunities that exist therein. There is no business opportunity with this level of disorganisation. By the time people get here, they are tired, frustrated and angry. They do not even want to trade with you.

Kenya leads the way in the EAC. Whenever we do our things correctly, the rest of the partner states are pushed by their citizens to replicate what Kenya is doing. Kenya is the small superpower of this region. If we lead in mediocrity, the rest will most of the time follow and take it as the acceptable standard of practice in the region. Therefore, as a Senate, we must lead the way in demanding better from our Government and the state agencies that handle all these border posts, not just Busia and Malaba.

This is just one example of the many border posts that continue to struggle with these bottlenecks and difficulties of doing business. Once we clear it, then we expect that

our Cabinet Secretary, the President and all these people will lead the way in demanding of the same from the rest of the EAC partner states. However, we cannot do that when we do not have a good example ourselves to show out of what is happening.

Mr. Speaker, Sir, I urge that colleagues take time to speak to these issues, provide solutions and guide this House in making a resolution on this matter.

With those very many remarks, I beg to move and request the Senator from Kilifi, the Senate Minority Leader, to second this Motion.

Thank you.

Senator for Kilifi County, you may proceed to second the Motion.

The Senate Minority Leader (Sen. Madzayo) : Asante, Bw. Spika. Kwanza, naunga mkono yale yote yaliyosemwa hapa na Kiongozi wa Walio Wengi.

Jambo muhimu kuhusu ushirikiano huu wa mataifa yote ndani ya Afrika Mashariki ni kwamba Kenya, Uganda, Tanzania, Rwanda, Burundi na Sudan Kusini na pia Sudan ya Kaskazini ni nchi zinazokaribiana. Tukitazama mataifa yote ulimwenguni, yakiwamo yaliyo ndani ya European Union ni kwamba nchi zote ambazo ziko pamoja, zinafanya biashara, zina uhusiano mwema, siasa zao na kila kitu zinafanywa pamoja. Nimetembea katika nchi za Uropa. Kule unawezatoka Uholanzi, ukaingia Denmark na nchi zingine hapo kati. Utaona kwamba ufasihi wao, unaozunguka katika nchi zile, hauna shida kabisa. Kuna jambo la kusikitisha kwetu sisi hapa kama wana Afrika Mashariki. Nchi zetu zina sheria tofauti ambazo zinapinga mambo ya biashara na wananchi kuishi pamoja.

Bw. Spika, nakumbuka mimi nilikuwa Mwenyekiti wa kamati ya East Africa Protocol uliyoichagua. Wakati huo, nilikuwa Jaji wa Mahakama Kuu ya Kenya. Tulitunga sheria na tukaona ya kwamba, lazima kuwe na uzoefu au urahisi wa watu wanaoishi Afrika Mashariki kutembea. Ukitoka hapa kwenda Uganda au ukitaka kwenda Rwanda au Burundi kufanya biashara zako, kuishi, kuolewa ama kufanya chochote, inafaa iwe rahisi. Sheria kama hiyo ilisaidia sana na ninashukuru kuona watu wa Afrika Mashariki wanashirikiana.

Hivi sasa, kumetokea sitofahamu nyingi kwa sababu, utapata watu wetu wa Afrika Mashariki wakishikiriana lakini wanashikwa. Hii ni kwa sababu, katika nchi yetu ya Kenya, tumezoea kuwa na uhuru wa kuongea vile tunavyotaka. Lakini, wanaharakati wetu wakifika mahali kama Uganda, wanashikwa na kutiwa ndani. Hii sio sawa. Tunasema katika nchi zetu, tuwe watu ambao tunaweza sikiza na kusikizana katika njia tofauti za biashara, siasa na maendeleo mbalimbali.

Bw. Spika, huu ni Mswada mzuri sana na ninaunga mkono yote ambayo yameongelewa. Hii ni dalili nzuri ya mawasiliano. Asante.

Hon. Senators, I wish to propose the question.

The Floor is now open. You know exactly what to do to catch the Speaker's eye. Proceed, Sen. Ledama.

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

What is out of order for the Chair?

Mr. Speaker, Sir, it is a clarification. This issue will generate a lot of interest and all of us would wish to speak on it. I was, therefore, requesting whether you could limit the speaking time to a reasonable five minutes so that as many Senators as possible, can contribute.

No. Hon. Senators, we do not need to go through the steps of processing that Motion as proposed by the Deputy Speaker. If we could strike a consensus on the number of minutes each Senator should utilise once they get the Floor. Five minutes it is. Sen. Ledama, you may proceed.

Thank you, Mr. Speaker, Sir. I rise to support the Motion addressing systemic challenges at the Busia-Malaba border post to enhance Kenyan competitiveness and regional integration. It is important for us to demystify what these challenges are.

I was listening to the Senate Majority Leader when he was moving the Motion. He outlined the challenges. If we could simplify them, we would get the right solution. The first challenge he outlined is outdated infrastructure. I heard him say that the older generation may not understand why a scanner does not work, maybe it simply needs to be switched on and off for it to work.

The Senate Majority Leader also outlined the biggest challenge; the lack of efficiency at the border point which leads to the rotting of perishable goods that are moving between the two countries - Kenya and Uganda. As a farmer, I understand the dangers and the challenges of these systemic problems and we must address them.

When you sit with the President of Uganda, His Excellency, Yoweri Kaguta Museveni, the only talk that he gives has to do with the need for us to speed up the EAC Federation and make it easy for us to trade between the two countries. I do not understand why it is taking us this long.

The Senate Majority Leader has adequately said that this challenge has been there since previous governments. It started with the Kenyatta Government, the Moi Government, Mwai Kibaki’s Government and then to the Uhuru Government. If there is any Government that can resolve this problem, it is this Government. This is a Government that is made up of young people, who understand the dangers of living in a country or in a region where you can simply walk from Busia in Kenya to Busia in Uganda.

If you dare take a flight from Uganda to Nairobi, you will pay a minimum of Kshs100,000. A flight of the same distance from Nairobi to Mombasa, you would pay about Kshs25,000. Are we being fair to the business community?

If your goods are rotting on the road because of inefficiency, are we ever going to get out of this business of playing second fiddle to the developed nations? It is about

time, ladies and gentlemen, that we really moved forward. Pass this Motion and ensure those things are resolved.

What can we do? I see that time is running out, is that all of us, particularly policymakers of both countries, the first thing is that we must all be educated on the need of enhancing trade between these two countries.

The Senate Majority Leader has said that he buys quite a lot from Uganda. I am also a consumer of a lot of goods from Uganda. I buy a lot of animal feeds and I go through the same hurdles. Sometimes my trucks are delayed at the border point for two days and it affects me.

You do not want to live or sit in a cow barn where the cows do not have food. You will cry. So, if you can cry when you see the cows crying because they have no food, what about people who work, travel, sleep in those trucks just because of inefficiency?

Mr. Speaker, Sir, I hope that we will now move expeditiously, because Parliament pronounces itself through Motions and Bills. This Motion must now be fully implemented. The issues here are very clear and the systemic problems have been outlined. It does not matter how many times we talk about outdated equipment. Can we enhance them? Can we push to ensure that we finalise the EAC Federation? That is the only way we can solve it.

If you compare the Gisenya-Goma border to the Rwanda and DRC border, you will see that the two are like night and day. I want to invite you to go to Rwanda and go across to Gisenya border and compare it with Goma. You will see the difference between those who are determined to move into the 21st Century together and those who are still sleeping in the land full of corruption and who still want to live in the older centuries.

This Motion is very important. Now that we are here, can we come up with a way, Senate Majority Leader, that will implement the resolution of the Senate?

Thank you, Mr. Speaker, Sir, for giving me an opportunity to add my voice to this very important Motion. It is time that we, as a country, leveraged technology that we have to ensure we get some of these things done.

I am an elderly Senator. The Senate Majority Leader has said that we may not be able to know what needs to be done. I want to disabuse that statement and say we understand technology and we know what needs to be done.

Since we put this country first, we woke up very early to ensure that we went to the border to get things done right. This is because the younger Senators, as they enjoy and sleep, we, the elderly, must make sure that this country moves in the right direction.

It is imperative to note that.

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

Senator for Nandi, what is your point of order?

Mr. Speaker, Sir, is it in order, under Standing Order 105, for the great Sen. Wamatinga to lie, yet I sat next to him? Are we old? Sen. Githuku and I were there. Could he be factual instead of misleading the House?

Order, Senators. Sen. Wamatinga, do not use age to describe who attended; who did not.

Thank you, Mr. Speaker, Sir. Well guided. I am not sure whether Sen. Cherarkey feels old.

It is very important that we get this thing right. I do remember one of the issues raised as we visited the border point, was about the social amenities, areas where drivers who drive for long hours can relax.

Mr. Speaker, Sir, I remember one of the Motions that I moved in this House while I was new was about having service points along our highways. I am happy this has come up again. I think it is imperative, while we sit here in Busia, to say that we must get it right. The amount of revenue we collect, at this border point, when streamlined could be far much more.

It is also imperative to know that we have an EAC region that intends to become one. Therefore, the movement of goods and services can be aligned with modern technology so that when a truck leaves a factory, the amount of goods it is carrying and the destination is known. We can have a border point on the go where you do not need to stop for the control. Controls could be done using modern technology.

I think it is also important that we also introduce a mechanism that would ensure that transport companies that cheat are earmarked. We could also have, as it is in Europe, random checks so that we do not have to stop all the trucks on the way. This would save on time, increase efficiency and improve the profit margins of the businesses and, therefore, bring the cost of some of these things down.

Mr. Speaker, Sir, we do not need to re-invent the wheel. This is being done across the board in Europe and many other regions. All we need to do is introduce a standard operating system where we know the goods are being loaded in a certain truck, their weight and the weight of the truck.

On the go we would have a high-speed toll stations. A truck even driving at a speed of 60, 70 or 80 kilometres per hour would still be known to be having the same weight that it was having from the source. This would ensure that we do not have those drivers who may want to cheat off road and sell some of the goods or add some goods because we can have a control mechanism on that.

We also saw the scanners. We were told that right now, it takes about 10 minutes for people to analyse the scanned images in Nairobi. If we leverage on Artificial Intelligence (AI) , that could be done in real time. The scan is done. At the same time, an analysis is generated as is being done in the medical field. This is not rocket science. All we need to do is to implore upon the ministries and the departments that are involved so that we get this into the system. This would ensure we reduce the amount of those drivers and transporters who may want to cheat.

Where do we want to see ourselves as a region? As we try to encourage the EAC integration, we should have more people travelling across borders and more manufacturers and industrialists working across the border. As we develop the standard operating procedures, it is important to look at what other economic blocs are doing.

This must be done with one thing at the back of our minds to increase the profitability of the business and reduce wastage. Most important, to ensure that the

services offered at the border point are available at all times, it was realised that some of the Government departments are only available from 8.00 am to 5.00 pm and from Monday to Friday. It is a sad affair that a transporter would have---

You have 30 seconds to conclude.

Thank you very much, Mr. Speaker, Sir. It is unfortunate that someone has to wait for 48 hours because an employee of the Government is only available from 8.00 a.m. to 5.00 p.m. from Monday to Friday. We must ensure that all these services are available 24 hours and seven days a week for us not to affect the profits of those doing business across the border.

Thank you, Mr. Speaker, Sir. I support.

Asante, Bw. Spika, kwa kunipa fursa hii ili niweze kuchangia Hoja ya Kiongozi wa Walio Wengi katika Seneti. Hoja yake inahusiana na huduma katika ofisi ya forodha hapa Busia na ofisi zingine katika mpaka wa Kenya na nchi zingine za Jumuiya ya Afrika Mashariki.

Kucheleweshwa kwa wafanyi biashara ambao wanatumia mpaka ya Busia, Malaba, Namanga na Lunga kule pwani imekuwa donda sungu. Tumekuwa na Jumuiya ya Afrika Mashariki kwa zaidi ya miaka 20 lakini matunda yake hayaonekani. Tumekuwa tukitupa mikono bila ya kujua kile ambacho tunafanya.

Wale ambao walibahatika kuzuru mpaka wa Busia leo asubuhi waliona ya kwamba mbali na msongamano, kuna shida ya vyoo. Vile ambavyo viko havitoshi kuhudumia madereva na watu ambao wanapita kwenye huo mpaka kila siku.

Madereva huwa wanasafiri kwa muda mrefu na hawapati huduma yoyote katika barabara zetu. Barabara zenyewe ni nyembamba kiasi ya kwamba magari mawili hayawezi kupishana bila ya moja kuvuka chini ilhali Busia ndio mpaka wa Kenya na Uganda. Ingekuwa bora barabara ya mji wa Busia zipanuliwe ndiposa watu wawe na mahali pa kuegesha magari wakisubiri huduma za mpaka. Vile vile, inafaa kuwe na sehemu ambapo madereva, wananchi na wahusika wanaweza kupata mapumziko.

Tulizungumzia Hoja ya kutaka kuwekwa vituo maalum katika barabara zetu kuu ili madereva waweze kupata pahali pa kupumzika. Tunafaa pia kuwa na huduma za gari ya wagonjwa, wazima moto na huduma zingine za kijamii. Kuna sehemu ambapo wazima moto wako mbali sana na sio rahisi kwao kufika kwa haraka. Juzi, kulitokea ajali Kilifi na ilikuwa shida sana kuwapata wazima moto ambao wanapatikana Malindi mjini. Kwa hivyo, kuna haja ya kuhakikisha ya kwamba huduma zinazotolewa kwenye vituo vya mipaka zinapatikana sehemu nyingi.

Ukienda Ulaya, utapata ya kwamba hakuna pingamizi yoyote. Mtu huingia mpaka moja na kwenda kwenye mpaka mwingine bila matatizo yoyote. Hapa kwetu, hilo limekuwa donda sugu. Tulikuwa na Jumuiya ya Afrika Mashariki ya kwanza na ilifariki

Thank you, Hon. Speaker, Sir. I want to join my colleagues and to add on this Motion which has been brought at the right time. We always say that this country is the economic giant of this region. However, when you go to the borders and look at the flow of vehicles carrying goods, you will note that there is a lot of trade imbalance.

The last time I was in Tanzania, I noted that the fleet of vehicles waiting at the border point for clearance from Tanzania was huge. They were all carrying goods such as cereals, timber and all that. However, the number of vehicles from the Kenyan were very few. That shows that Kenya is disadvantaged in terms of trade in the EAC. A country that has food scarcity cannot be proud to say that it is the economic giant of the region. The amount of cereals and food that comes from Tanzania and Uganda is unbelievable.

I went round last night and noted that the number of vehicles going to Uganda are few yet there are many people who travel from Uganda to Kenya. This means that Ugandans are doing more business with Kenyans. I was there this morning together with Sen. Cherarkey. I can confirm that he was not among the young men who slept.

The roads are too narrow yet the vehicles that carry goods are wide. The road from Kisumu to Busia is in a very bad condition. I was shocked the night I travelled from Kisumu because the vehicles were almost hitting and colliding with one another. There are also so many potholes. The Mombasa – Nairobi – Busia Road is our economic lifeline. It should be repaired at any given time for vehicles to move faster and transport more goods. Those roads are in poor state that vehicles take too long. They then get to also stay for a long time at the border point.

We need to think about the welfare of the drivers and the passengers. There are no proper ablution or resting places. We have to motivate our long-distance drivers and passengers. There should be an ablution along the road for resting and showering that can be used by travellers.

It is high time that this country gave back to its people. We are told that the target for this year’s tax collection is Kshs9.6 billion. This Government should invest on our roads for us to comfortably travel and to have an increase in the flow of goods.

As I walked around, I heard people say that the Senators should come back again. They were saying that this is the only time they have seen people who are serious. They said that Parliament is serious. I think we should have Senate Mashinani twice in a year. With that, our people will appreciate us more and we will reach more counties in a given time.

Suppose we go to at least six, seven or eight every year or at least twice. I know it is not economically viable, but the key is to appreciate that we must visit at least wherever we can reach. We can even split the House; one to be led by the Speaker and

the other one by the Deputy Speaker, so that, at least, we have concurrent sessions, visiting the Senate Mashinani.

With those few remarks, I beg to support.

Senator for Nandi County, please proceed.

Thank you, Mr. Speaker, Sir, for this opportunity. I confirm that I was among the Senators who went this morning. I also confirm that some of us are young, but we woke up as early as 4.00 a.m. to serve this nation. Even during initiation, some of us went at 3.00 a.m. So, sleep is not an issue because some of us are dry Kalenjin men.

Let me make the following observations. One, this border issue is very critical. I thought I should dispel the critics who wonder why Senators would visit a border post because our work is about devolution and the counties. Most of our critics forget that under Article 96, our role is to protect devolution, and Busia as a county is a border of another international country, Uganda. I have seen some people, especially our colleagues in the National Assembly, criticising and wondering what we are doing. In fact, they should have done this job before we came.

Mr. Speaker, Sir, Busia border is a very critical point. It is very unfortunate that there is a lot of gridlock because of poor infrastructure and demotivated staff. We were shocked that there are around 110 acres which is supposed to be handed over to the KRA to develop, expand and ensure there is ample parking and processing of clearance of trucks that are either outbound from Kenya or inbound from Uganda. We were told that the proposal is to have Mulwanda border point. We should operationalise it. We heard about Buteba border point, which is not very far. It can be operationalised.

This morning, we came to learn that Busia border clears more people. However, when Malaba clears more trucks. We hope that the National Lands Commission (NLC) is listening on what we are saying about these 110 acres. It should fast-track the transfer of land from the Ministry of Interior and National Administration to the KRA and the Ministry of East Africa Community, the Arid and Semi-Arid Lands and Regional Development, so that they process and allow the expansion.

The KeNHA, under the law, must construct resting places. It cannot be that when you go to the Busia border point, you have to pay to use a public toilet; Kshs20 for a long call, Kshs10 for the short call and Kshs50 to get a shower. Some states in the USA, have constructed resting places with a convenience store, a sleeping area, a parking area and even where you can---

It is embarrassing that on the other side of Uganda, the use of hygiene facilities, that is, toilets are free of charge. There is a bigger problem that we need to discuss.

Even when you look at infrastructure, there are only 40 trucks that can park there, Sen. Mundigi, yet, we have many trucks. We were being told it takes 10 minutes to clear, but that is not the truth. We have 22 agencies that, instead of taking four hours to clear, they take more than four days because some of them are not operational for 24 hours. For example, to clear an inbound of dairy products, you have to wait for approval from Kenya Dairy Board (KDB) in Nairobi. They do not have people who can do approvals here. That is what is undermining efficiency of Free Trade Area (FTA) in the EAC. As a committee, we must call out these two agencies.

I am wondering, why we call it a One-Stop Border Post (OSBP). There is none. You have 22 agencies that you have to clear with. Unless I am not good at English languge, why would you say OSBP, one clearance? It is 22 border posts. That is the reality. This is because Kenya Plant Health Inspectorate Service (KEPHIS), KRA and KDB are here. It is very unfortunate that we call it an OSBP. It is the mockery of the English Language, or the mockery of the people.

This issue of clearance is very unfortunate. However, I am happy that KRA is collecting a lot of money. For example, in the financial year 2023/2024, the target was Kshs4.8 billion. However, they collected Kshs4.1 billion. In Financial year 2024/2025, the target was Kshs5.33 billion, but they ended up collecting Kshs6.8 billion.

Another issue is the county government. I think we advised them that they need to improve.

You have 30 seconds.

The County Government of Busia misled us yesterday and yet they are charging Kshs2,500 for the trailer, Kshs1,000 for the canter and Kshs2,000 for dairy products. If we have to be efficient, let us have a multi-agency approach to ensure that we have proper efficiency of trade. I hope that after this resolution, the trading partners within EAC will be for the better of all of us.

With those many remarks, I beg to support this Motion.

Deputy Speaker, please, proceed.

Sen. Wambua, you should also recognise that some protocol should be observed at some point.

Thank you, Hon. Speaker, for this chance to contribute to this very important Motion. We are here in Busia because the work of the Senators, per Article 96, is to protect the counties and their governments.

When we met the Governor of Busia County on the first day, on Monday, we heard about many challenges, especially regarding healthcare. This is because whatever budget they propose, 30 per cent of it is consumed by the other side. I do not want to mention the name of the country, but our neighbours from the other side. Therefore, one of the reasons they are over-stretching their budget on health is because of the congestion that is here. When there is congestion, there is a high population, there are outbreaks of diseases and so many other challenges.

We are living in the year 2025, almost 63 years after Independence. However, we have not been able to clear or finish up some of the challenges that we have encountered since Independence. We do not need to belabour the point or maybe try to blame the previous governments; the government of Jomo Kenyatta, Moi, Kibaki and Uhuru. We should tackle the challenges that we have now. We were elected by the people in 2022. We will be in the office until 2027. It should not take us beyond 2027, Sen. Wambua, and my colleagues, to tackle the challenges we have encountered here. Then, what will be the need for us to be in the office for five years?

I was asking my colleague, Sen. Kisang, because he has been in the Information Technology (IT) world for 34 years, about an issue he mentioned during the last impeachment. I was asking him, with 34 years’ experience, why would he not propose or come up with a system that can be used, the way Sen. Wamatinga was proposing, so that we do not queue? There is a system, IT solutions, in everything. However, he challenged me and told me systems do not like state beings. I do not understand what that system is because of its inefficiency.

I believe this time around; we will collapse that thing called the “system” and do the right thing. Sen. Kisang, if you have that proposal, why do you not bring it on the Floor? Bring it so that we discuss and make the Government work. We are a House of Parliament mandated by Kenyans to make laws and facilitate efficiency even in the Government to tame corruption and all those things.

It is unfortunate that the EAC Customs Union Protocol was signed many years ago. However, up to date, some member states do not know what needs to be implemented. Let me mention Tanzania because you cannot practice in Tanzania. However, Kenya has allowed experts to come in.

Whatever your profession is, you can come from Uganda, Tanzania, Rwanda, Burundi, Somalia and South Sudan and practice in Kenya. It is even a problem representing a citizen of Uganda. Our sister, hon. Martha Karua, who is a lawyer, had a problem the other day because whatever we agree, other countries do not want to implement.

Since we are in Busia, let us sort out the problem in Malaba and Busia borders. These challenges are minor. One is about the road which we agreed yesterday should be fixed so that there is efficiency. If it is about lack of scanners and enough staff, we have so many Kenyans languishing even in the streets of Busia who can work at the border posts. They can also be used to enhance efficiency at Malaba Border where we have 4.2 hectares of land because there is no space even for the trucks.

Mr. Speaker, Sir, let this Motion result to a good resolution. We should agree, as the Senate, and make sure that everything at the border post runs smoothly.

I thank you.

Proceed, Sen. Oburu Odinga.

Mr. Speaker, Sir, this is an area where I am sure that you are much aware about because you were in charge. I know you know what the integration of this area means.

People of this area are the same. These borders were created artificially by colonial authorities. For example, we also have the Samia in Uganda and they have Members of Parliament (MPs) there. Some of you might not be aware. At one time, we had Moody Awori as the Vice President of Kenya while his brother Aggrey contested for presidency in Uganda. We also have Teso and Luo in Uganda. It is the same case for Banyala and Kuria. There are Maasais and Digos who spread to Tanzania.

This area was supposed to be one country. I was there during the colonial times and there used to be no border in Busia. We used to move across. Siaya is not far from here. In fact, I am more of a neighbour than Sen. (Dr.) Khalwale.

We could easily move into Uganda. There used to be a roadblock showing that you were getting into Uganda. During colonial times, the currency used to be one. Why are we not doing better than the colonialists? Uganda and Kenya were more or less one because we were using the same currency. There was only a border to show that you were crossing into Uganda.

The EAC is based on four pillars. One of them is the EAC Customs Union Protocol, which I think, is largely implemented. The second pillar is the EAC Common Market Protocol which envisages free movement of goods, services, people and capital. This is where we are doing very poorly.

You heard Sen. Ledama telling us how expensive it is to fly to Kampala. Moving on foot here is not a big problem. We can give credit because people can go to Uganda using their Identification (ID) cards. Concerning free movement of goods, there is what we call Non-Tariff Barriers (NTBs) which have been talked about for a long time.

Mr. Speaker, Sir, when you were there, if you remember, there was a whole list of NTBs. They have been reducing them but why are they not eliminated completely? These are just artificial measures taken by governments to prevent free movement of goods and sometimes people.

When it comes to free movement of people, we also have problems with the right of establishment. Some governments sign the protocols but the biggest problem is implementation which is left to the member states. They sign but they do not want to implement them. For instance, the right of establishment.

I think sometimes the Government of Tanzania fears that Kenyans are very greedy such that they might nyakua all their land but that is not true. Kenya allows free movement of people who come and work in Kenya freely. That should be practised by all member states because the protocols have been signed by all of them. The only problem is implementation.

Mr. Speaker, Sir, we also have a problem in Lake Victoria. That lake is supposed- --

You have one minute to conclude your thoughts, hon. Senator.

Mr. Speaker, Sir, the lake is supposed to be a Common User Facility (CUF) . Uganda practises CUF with the Democratic Republic of Congo (DRC) because they manage the lake jointly. Why can the East Africans not manage this lake jointly, so that fishermen are not harassed and arrested? Some of them are made to eat raw fish in the lake. Sometimes the fines are too heavy for them and they are jailed there such that we have to go and look for them. Every now and then, negotiations have to be done.

There should be a common user policy in Lake Victoria, so that all the fishermen from all the countries enjoy this facility and benefit from it.

Sen. Tabitha, you have the Floor.

Mr. Speaker, Sir, allow me to pick up from what our “Youth Leader” said. That is when you were a Minister of the EAC between 2008 and

Conclude your thoughts, Sen. Mutinda.

Thank you, Mr. Speaker, Sir. It is high time that the Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs, Hon. Musalia Mudavadi, brings these regional discussions, so that these issues are addressed conclusively and in a futuristic manner. Otherwise, we are losing business in this country.

Thank you, Mr. Speaker, Sir.

Sen. Andrew Omtatah, you have the Floor.

Thank you, Mr. Speaker, Sir, for the opportunity to address this august House. The Motion I support is very important. I would also like to bring to the attention of the House that the County Government of Busia makes absolutely no revenue despite all the challenges it faces hosting the international border point.

There used to be a trailer parking here where the county council - before the county assembly came in - used to make some money; whereby the trucks would be taken off the road and put into the parking yard and they would pay some parking fees. Now, that was taken away when they were doing the one border stop post by the Kenyan National Highways Authority (KeNHA) with an undertaking that they would put up another parking yard.

As you were told, there are about 70 acres available around the border that belong to the Ministry of Interior and National Administration, commonly known as “no man's land.” A temporary park could be put there to sanitise the congestion and remove the danger.

Another thing is that the trailers sometimes carry hazardous materials. We remember sometime back around Naivasha, when we had an accident whereby one of the trucks exploded and it incinerated many other trucks. When these trucks are congested here, they are ticking time bombs that can go off any time.

I want to underscore the point that our brother was making yesterday, the hon. Sen. Wambua. He made a very important point that when the trucks are on the highway, they cannot be charged for any parking fees, although they are parking and are creating congestion. They must be taken off the highway and put somewhere where they can then be attended to, services provided and then they can also pay some parking fees.

My sister, Sen. Tabitha Mutinda, has mentioned the non-tariff barriers on the Ugandan side. These non-tariff barriers on the Ugandan side require intervention even at the level of the Heads of State to address the issue. So, as we talk about the Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs, we must not forget that the top diplomat of this country is the President. Maybe his attention could be drawn to the non-tariff barriers on the Ugandan side, so that he can discuss it with his counterpart on the other side to see what kind of interventions can be done and even just remove the point at which they begin inspecting the trucks on the other side, so that there is no congestion created.

We must be alive to the competition from Tanzania, whereby some of us who have been in Arusha, have been told that the inefficiencies on this corridor are contributing to the movement of cargo away from the Mombasa Port to the Dar-es- Salaam Port. Countries like Burundi are importing mainly through Dar-es-Salaam, despite it being a longer route, but because of the less congestion, the more acceptable

terrain, they are taking business away from us. We must be alive to that. This is why I am happy that this Motion is mentioning the Ngelechomu land, which I hope our Senate Committee will have time to visit. It is just out here between Busia and Malaba, 200 acres of public land. You do not need to acquire that land, it is Government land. A trailer city - not just a trailer park - can be erected there that will also serve as an industrial base to this county.

Mr. Speaker, Sir, we do not have an industrial base for this county. The only industry that you can see people engaging in is boda boda, which has its own challenges and earns very low income. So, it is important that the Ngelechomu land is considered seriously as a possible area of putting up a modern trailer park that can suck up all these issues. We heard about the Mulwanda border crossing, which is also idle. It is not being utilised. So, if we invest in infrastructure, we should be able to get matters moving faster.

Since you are the host, let me give you one more minute to conclude.

Mr. Deputy Speaker, Sir, it is with a very happy heart that I contribute to this Motion. I am happy that the Senate has seen for itself the challenges we face here, most of which are self-inflicted.

Today, as I was walking in town, they said the Senate should not leave Busia because for the first time, the streets have been swept and the waterways have been unclogged. The people are saying that the Senate should move from Nairobi to Busia. Maybe that is when the county government is going to work. That is how bad things have been in this county. I hope that the committees will follow up on the various issues and ensure that the county government works for the people of Busia and Kenya. The border points should be decongested in a manner that business remains in Kenya, not in a manner where there is no business in Kenya. We do not want to see a situation whereby a trailer crosses from Nairobi to Uganda---

Thank you, Sen. Omtatah. Sen. Kisang, proceed.

Thank you, Mr. Deputy Speaker, Sir. I also join my colleagues in supporting this Motion. From the onset, it is important for people to know that systems work. Information, Communication and Technology (ICT) systems work across the world and are all the same. The only difference is the mindset of the leaders.

That is why we have a problem in Africa because when we try to automate, many people resist. In fact, I am surprised that Sen. Omtatah said some hospitals within the county are still receiving cash and they do not know where the cash is going. We do not expect hospitals to still be receiving cash. Citizens of Busia County are supposed to pay either through e-Citizen, pay bills or directly to the banks.

That is why I said that there are systems in place that can be used to ensure that when drugs leave Mombasa, they go free all the way up to their destinations after paying their taxes. However, due to corruption where people want to reap where they did not sow, they do not want systems to work. That is one of the issues. Recently, when the Kenya Kwanza Government was introducing the electronic government procurement system (E-GP) , there has been a lot of resistance everywhere, especially from county governments. They do not want automated systems. They want interaction between human beings, so that things can exchange hands.

Mr. Deputy Speaker, Sir, this morning, we were at the border point very early by

Hon. Senators, from now on, there will be no additional seconds because many Senators want to say something in Busia.

Sen. Enock Wambua, proceed.

I thank you, Mr. Deputy Speaker, Sir. I do not know which principle this is, but I am happy to be back in Busia. For the benefit of the people of Busia, this, to me, is more of a homecoming rather than just a visit by the Senate. I once taught in a school near this place called Mundika Boys, when Sen. Methu was still in baby class.

I take this opportunity to contribute to this Motion. I will begin by thanking the Speaker of the Senate, the Rt. Hon. Amason Jeffah Kingi, for the contribution he made when he was the Minister for the EAC. He was working under the privilege of perhaps one of the best Presidents this country has ever had, His Excellency the late Stanley Emilio Mwai Kibaki and under the guidance of the Rt. Hon. Raila Amolo Odinga, the former Prime Minister and the very able former Vice President, His Excellency Dr. Stephen Kalonzo Musyoka. They crafted the East African Common Market Protocol.

Mr. Deputy Speaker, Sir, what colleagues may not know is that the Chairman of the Commission that crafted that protocol was none other than Rtd. Justice Steward Madzayo. He is the man credited for the establishment of the protocol and for pushing it through Parliament. It is now an Act of Parliament. Therefore, the protocols are there and everything has been done. What remains is implementation of the protocol.

I want to remind ourselves of important facts about us, the Senators. Article 93 of the Constitution establishes the Parliament of the Republic of Kenya. It defines it as constituting the National Assembly and the Senate. Article 96 goes further to assign specific roles to the Senate. It is not by coincidence that the first assignment the Constitution gives to this Senate is the protection of counties and their governments.

Article 209 (3) of the Constitution assigns Parliament, where the Senate is part, the responsibility of giving powers and responsibilities to county governments to impose taxes through an Act of Parliament. When we sit here and talk about efficiency at the one-stop border post, it is okay because we are Parliament. However, our first responsibility is to protect counties and their governments. It is okay because we are Parliament, but our first responsibility is to protect counties and their governments.

It pains me that we are at a border county today where even this morning, as we drove to this august House, there was traffic caused by trucks literally parked on the roadside. I want to advance my argument of yesterday that those trucks that are lining up outside this building are not just trucks. These are opportunities for this county government to generate some revenue. However, we cannot generate revenue because those trucks are in a traffic jam. They are not parked. It compromises the movement of the people of Busia because they have taken one lane, but they are not paying anything to the County Government of Busia.

We must empower this county government and other counties at border posts to be able to generate revenue from these trucks. The argument that we are making business too expensive is a lie. Let county governments create parking lots. Let these trucks be taken off the roads to the parking lots. Let county governments generate revenue day and night, so that they do not always rely on the Exchequer for the service that they render. Secondly, when these trucks are parked here, they are consuming services that belong to the people of Busia. They are generating waste. It is the ability of this government to make sure that---

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to contribute to this Motion.

From the very onset, I really want to support this Motion. I have had the fortune in my life to serve as Chairperson of the Kenya Ports Authority (KPA) . At the port, there is a lot of movement of goods inside and outside. Congestion and all these problems are similar to what we are seeing here in Busia and Malaba borders.

Today, I rise to say only one thing, that the Government of Kenya and the Government of Uganda must heavily invest in Information Communication, and Technology (ICT) . Technology is the answer. There is nothing else we are going to do that will help better than technology. We are living in a different era. Now, the issue of technology takes precedence over everything else. If you are going to make these border issues work, it is technology. Technology is what has moved the Kenya Ports Authority to be a highly profitable parastatal. Technology may be expensive now when you are investing in it, but it is the way to go. It is the answer to all these problems. I have in mind the FS6000 scanners. These are non-intrusive scanners. You would have a vehicle moving at a speed of 15 kilometres per hour. You do not need to look at the luggage. You do not need to offload. It moves.

Mr. Deputy Speaker, Sir, all these trucks will not be staying on the road. They will be moving at least at 15 kilometres per hour. It is a non-intrusive type of scanner. The drivers and the people who are involved in this trade, we can have artificial intelligence on all of them, so that as they are coming, there are smart gates at the border. These people are recognised as they are approaching the gates, so that their facial recognition and biometrics are used automatically by artificial intelligence. You do not need to have people.

Mr. Deputy Speaker, Sir, this thing of saying that we need to be given more staff does not make sense at all. We should be talking about investing in technology. There should be a regional tracking system of all the goods and these are systems which are available. When the goods are being loaded in Mombasa, there should be an electronic gadget put in those goods, so that through technology and satellite, you are able to track those goods and those seals are not broken until they are disabled electronically.

From the point of departure, they are given those electronic seals and they come. When they reach here at the border, there is facial recognition of the drivers. There are smart gates. There are FS6000 scanners passing, so who is going to complain about anything? From the point where the goods are loaded to the point of destination, everything is properly enabled through electronics. If we can invest in electronics, in ICT,

in this technology, I am telling you, all these things we are talking about will be a thing of the past.

In the past, we used to have passports that are checked and so on. Nowadays, if you go to any serious airport, you do not need to produce these things. You just put it there and everybody knows you are here and how many days you are going to stay in that place. It has been done in terms of humans. It can be done for cargo and this is the answer to all these problems. My proposal is that we must involve the two heads of states on Uganda's side and Kenya's side. We must agree on putting some money, sufficient budget to invest in the technology that is required to make these solutions a reality. If this is done, we will not be talking about delays on the border side.

Mr. Deputy Speaker, I support. Thank you.

Thank you very much, Hon. Deputy Speaker. I also want to join my colleagues to support this Motion on the challenges at the border points within our neighbouring countries. It is true that the East African Protocol has been discussed or has been debated by most of our colleagues here on the free movement of goods which has been debated quite long. However, I want to touch on the movement of people.

Mr. Deputy Speaker, Sir, it is important that the Parliament of Kenya, both the National Assembly and Senate, work closely with other national parliaments within the East Africa, so that we bring in issues that we are discussing today, so that at least we can force in and bring the issue of Parliament and political interference within our borders, because it is only Parliament that can bring sanity to the country.

I thank you.

Sen. Mandago, please, proceed.

Thank you, Mr. Deputy Speaker, Sir. First, let me say that the one-stop border post is a very important installation for cross-border trade in the country. However, I would like to address myself to the issues that in my opinion, the Government of Kenya agencies have capacity to resolve in order to facilitate trade between the East African countries.

Mr. Deputy Speaker, Sir, one of the agencies that we would want them to take serious action on, and almost immediately, is the KeNHA. As the Senate Standing Committee on Trade, Industrialisation and Tourism, we had the opportunity to visit the Malaba OSBP. What is standing between more trucks being cleared through that border post is a road that is 700 metres in length, that a contractor abandoned more than four years ago. I really do not understand why KeNHA has taken more than four years to revisit and complete that road, so that the trucks that leave Uganda to Kenya and vice- versa, can use different routes, facilitate faster clearance and ease the traffic that we are seeing on our roads.

Mr. Deputy Speaker, Sir, the KeNHA does understand that when they design the roads, there is need to provide social amenities such as lorry parks at periodic intervals, to ensure that there is safety in our roads, so that when our long-distance truck drivers are tired, they find a good, secure place to park and take a rest. The KeNHA must take their work seriously.

In Uasin Gishu County, for example, the bypass that was designed at the interchange that connects the road to Kitale, Webuye, back to Eldoret and to the bypass to the airport, a lorry park was developed without toilets and shower places. It is just a parking lot, which in the recent past has become a social joint for the young people, who called it “park and chill”. The challenge is they park and chill without toilets and social amenities. The KeNHA must now incorporate these amenities in all their designs without failure.

Mr. Deputy Speaker, Sir, the Malaba and Busia border posts generate close to Kshs15 billion. I would want to urge the national Government to reinvest at least Kshs2 billion from the money being generated in Busia and Malaba to improve these border posts, which will not only increase the revenue they are going to earn, but make their business environment friendly, easier and make trade possible.

As I wind up, I was pleased this morning to note that there are small women traders circle that is doing very well here in Busia County. Surprisingly, our counterparts in Uganda are doing better in terms of facilitating them. We had a testimony from the Chairperson, who said even when they do not have identity cards, but they have a police abstract and a temporary pass, our Uganda counterparts facilitate them to trade even all

the way to Busia. That is the reason why we can say His Excellency President Yoweri Kakuta Museveni should go for a long-term, so that they can continue facilitating trade.

Mr. Deputy Speaker, Sir, the national Government should also help counties. I do not think it is right to mislead county governments that they can collect revenue that is meant for the national Government that, they can increase revenue other than what has been put in the East African Common Treaty. Counties must raise their own revenue. However, the national Government can come in to help all our counties that have international borders and towns that are growing around the borders, by helping them with spatial planning and planning, so that we have cities that are well organised, that can attract good traders and business. This will enable our border towns to attract more business people and make the business environment better. The assumptions that we do not need money---

There is a lot of capacity in the national Government in terms of fiscal and spatial planning in the Ministry of Lands, Public Works, Housing and Urban Development, which can be deployed to help Busia County to establish and plan Busia and Malaba towns better.

Finally, Mr. Deputy Speaker, Sir, we would want to request the Ministry of Interior and National Administration, to move with speed and gazette the Buteba border post, which will help the Malaba post to be decongested. I am happy with the attitude of the officers responsible for the border management here in Malaba and Busia. They are even willing to go and set up an office using containers. The road in Uganda is ready and so is the one in Kenya. What is lacking is the gazettement, so that we can decongest these two border posts and allow more movement of trucks, resulting in more revenue for the Government of Kenya and making sure that we increase the use of trade.

Finally, Mr. Deputy Speaker, Sir, as East Africans, we should now move a step further. We are done with the issues of customs and protocols of trade---

Sen. Methu, please, proceed.

Thank you, Mr. Deputy Speaker, Sir. I am happy that I finally got an opportunity. I am excited to come to Busia County. I must inform you that this is my first time to come to Busia County, although my grandfather stayed here. He was a timber business person. When you were making your remarks, I also heard you speak about the protocols and hierarchy. Perhaps, you may want to consult Sen. Nyutu, Sen. Wambua, Sen. Karungo, Sen. Murango, and they will tell you that I also hold a substantive office of leadership in this House, though informal.

Mr. Deputy Speaker, Sir, the projection of the revenue that we intend to collect for the Financial Year 2025/2026 from the Malaba Border Point is about Kshs12 billion. Having collected---

There is a point of order from Sen. Okong’o Omogeni.

Mr. Deputy Speaker, Sir, I rise on a point of order to seek clarification from the hon. Senator who has just informed us that he holds a leadership position in this House and as the Senator for Nyamira, I am not aware. I would like to benefit by getting clarification from my good friend on the position he holds in this

House, so that we can also see whether we can benefit from that leadership position that he holds. May he put the record straight.

Sen. Methu?

Mr. Deputy Speaker, Sir, I was careful on the words that I used. I said an informal position. I spoke about the two that I did and none of them has complained. Sen. Kavindu is one of them and I am surprised that it is Sen. Okong’o Omogeni, my cousin, complaining. I hope my time was frozen.

If indeed we collect this kind of revenue from the Malaba Border Point, then this is a dairy cow that we are milking and in the words of the people of Murang’a; we are milking a lot from that hybrid cow and we do not want to invest in anything. If we want to continue holding the bragging rights of an economic powerhouse in East Africa, then there are certain things that we should not be speaking about at this point in time.

Mr. Deputy Speaker, Sir, the person who was sitting on that seat before you, Speaker Amason Jeffah Kingi, was the Minister for East African Community at my age. I am surprised because Sen. (Dr.) Oburu has told us that the things that were being discussed in Parliament then are some of the challenges that we are speaking about now.

It is such a sad state that some Government agencies that are operating on the one-stop border point – although we have been dissuaded by some of our colleagues that it is not a one-stop point - that some of the Government agencies cannot operate 24 hours a day and seven days a week. Some agencies operate from 8.00 a.m. to 5.00 p.m. and only on Mondays to Fridays.

Let me just make this one last contribution. At this point in time, we should not be speaking about insufficient scanners of trucks that are being cleared to either go to Uganda or come to Kenya. We should be speaking about the new technology that is being used in other places. I have taken some time to look at this scanner that has been spoken about by Sen. Mungatana; the FS6000 scanner, NACTEC. This is new technology that is being used in many African countries and not only European countries. This specific scanner can scan up to 200 trucks in an hour.

In the Malaba Border Point, there are only 600 trucks that use that border point every day. Therefore, if you were to get modern scanners, it would be easy, fast and efficient for a truck to come from Kenya to go to Uganda or for a truck to come from Uganda to Kenya. If we continue speaking about free market and we do not know how to invest---

Sen. Joe Nyutu.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to also contribute to this Motion. From the onset, I support it. Most of the challenges we are having in this border post and other border posts, like has been said by those who spoke before me, especially Sen. Mungatana and Sen. Methu, can be resolved by investing in good technology.

There is a weigh-bridge somewhere near Ruiru. I believe you pass it as you go to Meru to serve your people. You also know that there used to be a lot of congestion there before technology was fully deployed and utilised. These days, most of the trucks will be scanned at a distance and then, there is a screen that gives them a go ahead if they are not overloaded. That has eased congestion along that weigh-bridge. This is something that

has been tried and tested and it should be replicated at this border post and other border posts.

The other challenge that we have is that countries are not comfortable with each another. I mean that countries hold each other with suspicion. That any time a Kenyan is entering into Uganda or there are some Kenyan goods entering into Uganda or Tanzania, the authorities in these other countries are always suspicious. There is no goodwill. Countries feel insecure that if they let free movement of goods and services to happen, there might be a country that may reign over them or to take advantage of that.

Mr. Deputy Speaker, Sir, it is important that we call upon these nations, especially the heads of states, to treat us as one people. That when a Ugandan is entering into Kenya, when we are having goods being brought from Uganda to Kenya, then there should be no suspicion or hostility, so that we can actualise the East African Community. I say this because we have had occasions of hostility towards neighbours even legally and we have been retrogressing as a Community. Remember, many years back, we used to have a common examination.

Sen. Joyce Korir.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to also contribute on this important Motion.

I was part of the Committee that had an opportunity to interact with the management board of the border post. The challenges that have been raised within the Motion were raised yesterday. The challenges range from the infrastructure. It is high time the Government moved with speed to make sure that it addresses these issues because this is one of the areas where we are getting a lot of revenue to a tune of over Kshs10 billion. Looking at the amenities including the social, one feels for the management. I would want to believe that they need to have the best because this is one of the areas that is giving us resources as a country.

Mr. Deputy Speaker, Sir, not only that. I also witnessed that we have the land around that is not utilised. The Ministry of Lands, Public Works, Housing and Urban Development and the Cabinet Secretary for Interior and National Administration should move with speed to assist the border post in terms of gravelling this land. This is one way of decongesting the traffic within this area.

We also realised there is a lot of debris in the site. If the Government is serious, they can address this issue. We also discussed a number of issues with them on personnel, especially where they have shortages. I know they have budgetary issues, but if it is going to be addressed, we will realise good performance in revenue collection.

I support.

This is becoming difficult. I am trying to balance religions and regions.

Proceed, Sen. Okenyuri.

Thank you, Mr. Deputy Speaker, Sir. I am happy to be back to Busia. The last time we were here with the Committee on Trade, Industrialisation and Tourism was on the 4th November, 2023. It is very unfortunate that what I am getting from Members are the same lamentations we got when we went on site with area Senator, Hon. Omtatah.

I feel as if we need to look at this critically because every now and then, the same issues are raised and it seems we are not addressing them. Sen. Mungatana spoke about technology, which I equally wish to echo. When you look at it, most of the systemic challenges arise because we have not invested highly in technology, so that we are able to save time especially when the staff internally are working on some things such as scanning which takes a very long time. Had our country invested in technology, we would save on time. We also have small scale or informal traders. This is very rampant because they are avoiding the cumbersome procedures in formal trade such as regulation and duties being levied.

I thank Members of this House because we passed the Street Vendors

Bill which is now at the National Assembly. Once it becomes law, it is going to sort the mess we are seeing here at the border. This is going to compel county governments to incentivise areas where small scale traders can operate from. In one way, the county governments will be making money and the informal traders will also be thriving in favorable conditions. They will have no complaints when being taxed. We are taxing people out of the small-scale trade they engage in, but the conditions, for example,

sanitation are pathetic. Apart from the other issues of infrastructure, there is a lot of small-scale trading going on there which needs to be put to order, so that they also contribute to this economy and benefit from the structures provided by the county government.

I hope the Governor here takes that seriously because he is a member of the Trade Committee of the Council of Governors (CoG). He should lead from the front in ensuring the people of Busia can make money through informal trading which makes up 60-70 percent of trade that happens in this county.

Mr. Deputy Speaker, Sir, finally, when you look at the Government officials who are working there, some have taken very long before undergoing training or re-training, so that they are able to execute their mandate in confidence that whatever they are doing is up to date. They should also be able to benchmark with officers in other areas, so that we also keep with the international market on the new technologies and practices.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to contribute to this very important Motion that has been brought on the Floor of this House by the Majority Leader.

I am privileged to be among the people who visited the Busia Border Post. The people of Busia are watching. Whatever we are discussing here today, they want to see whether it will be put into practice, so that their challenges can be addressed.

In every growing country, there are some factors that contribute to growth. One of them is revenue collection. I was privileged to attend a very important meeting this morning. We were informed that the KRA projection for the Financial Year 2025/ 2026 is Kshs9.1billion. So far, they have only managed to collect Kshs3.9 billion. The deficit that has not been collected depends on so many things. One of the things that needs to be addressed is how the staff that work in that organisation will be facilitated.

One of the issues we have noted with a lot of concern is health. Out of the 20 staff establishment supposed to be working in the health sector, only seven are available. The entire department is understaffed. I do not see how they are going to do their job effectively in that condition. That is an issue that the Government needs to address with a lot of concern. If the staff are not given an opportunity to do their work effectively, then the resources that they are supposed to collect will not be realised yet those resources contribute to the Kenya's Gross Domestic Product (GDP) . Therefore, I urge the relevant departments to do what is needful to make sure that those people are well facilitated.

We also noted an important factor, the issue of scanners. The scanners that are supposed to safeguard the interests of Kenyans are insufficient. This is because counterfeit goods can come or go out of the country. The issue of those scanners needs to be addressed well for the members of the public to be well facilitated.

I also want to point out an important issue on Persons with Disabilities (PwDs) . I noted that all the infrastructure in that organisation have not considered the PwDs. That issue needs to be addressed, so that the PwDs do not feel sidelined.

Thank you, Mr. Deputy Speaker, Sir. I support the Motion that addresses the perennial and endless challenges that we have continued to experience at the Busia-Malaba Border Post. These borders are lifelines to the cross-border trade and integration.

Mr. Deputy Speaker, Sir, 60 per cent of the trade that we have between Kenya and Uganda, and even the wider East African Community, happens through this border. Members have emphasised on the amount that we generate in terms of revenue from that border, but I wish someone could quantify the losses that we make as well due to chronic inefficiency. I am sure that it runs into billions of shillings. I believe that the inefficiency is by design. I do not think the suggestions we are giving to fix this mess are not known. I think there are people who are benefiting in a big way from this mess. Those people would not want this mess fixed. That is why I fully support this Motion.

We should have the National Treasury, the KeNHA, the KRA, the Ministry of Trade, Investments and Industry, and the Ministry of East African Community, ASALs and Regional Development come up with a concrete way forward. They should not do another feasibility study. They should come up with a way forward that has timelines. That will help us end this, once and for all. This is because the lost business opportunities that we have in the country are immense. I used to wonder why it had to take one week for maize to be cleared when one pays for it yet it is a place one can drive and get there within seven hours. That is the loss of business opportunities that I am talking about. We adopted the one-stop border point, but on the ground, those two border points seem to be in two different worlds.

As a Senate, we have to pass this Motion for us to help the people of Busia. With that, we will have an increase in revenue and the people will have a decent livelihood. I have seen the crazy jams because of the trucks that have parked on the roadside. Those trucks emit fumes and we have communities that live around there. We owe those people decency and an environment free from all those toxins.

We owe the same to the drivers because they are the facilitators of the revenue that we collect. We need to give them a decent environment where they can rest and operate under humane possible hours. You cannot expect someone to be awake for 24 hours and without a decent place to go for call of nature.

With those few remarks, I support. Thank you.

Hon. Senators, we are doing well. So far, so good. Allow me to make this communication to acknowledge the visiting students and teachers from ACK Moding Primary School.

On behalf of the Senate and on my own behalf, I extend a warm welcome to them and wish them all the best during their visit.

Thank you. Since the host Senator is not around, I will give--- Okay. You will acknowledge the students in under one minute.

Mr. Speaker, Sir, I am happy that you have given me the opportunity to welcome the pupils from ACK Moding Primary School in Teso North. Teso North is a hardship area in this county. They have major challenges such as access to water and such stuff. The other areas that have challenges with access to water are Bunyala and Samia.

Therefore, when you see the students shining like this, just know that they go to extreme lengths to achieve this shine. I welcome them here to see how the Senators of the Republic of Kenya operate. I hope they will work hard in their studies and that they will become leaders in their own rights. They can be teachers, doctors, engineers, politicians or even farmers. My prayer is that they will be successful people who will move this county forward. We require their efforts and I encourage them to focus on their studies.

Right now, they need to focus on their studies. They will soon face their examinations and I take this opportunity to wish those who will be sitting for the national exams success. Most importantly, I welcome them here. This is a rare opportunity. We might actually have Senate Mashinani in Busia after 47 years. So, they should not lose this opportunity. They should know that they are sharing the history of the Senate of Kenya and should take it at heart. They are among the very few lucky people.

When they go out there, they should aspire to be successful in whatever field they choose. I take the opportunity to welcome the pupils of ACK Moding Primary School. Teso North is what I would call my bedroom as Baba puts it. I got almost 99 per cent of the votes that were cast. It is one of my strongholds. I thank their parents and elder brothers for the support they gave me.

Thank you very much and enjoy your time here. Be blessed.

You never know, maybe they are the ones who requested---

I think they are the ones who did that. When we were campaigning, I did not have money to hand out. Yes, I think they are the ones, because when we were campaigning, I did not have money to hand out, so I used to throw my flyers as I went around the truck and the kids would pick them and take them to their parents. So, they were a key link to my campaign.

Thank you.

Sen. Mundigi, please, proceed.

Bw. Naibu wa Spika, asante kwa kunipa nafasi hii ili niweze kuchangia Hoja ya Kiongozi wa Walio Wengi kuhusu mambo ya mipaka na biashara. Ni mambo mengi ambayo tungetaka yaangaziwe. Tunaangalia mambo ya wale ambao wanaendesha magari. Hatujaangalia wale watu wenye biashara kwa sababu

wakati wanakaa kwa barabara, biashara zinazoroteka, familia zinapata shida na pia mambo ya kutoza ushuru yanakuwa shida.

Ningeomba Serikali ya Kenya, Uganda na Tanzania ziweze kuangalia kama ni barabara kutoka Mombasa mpaka border itengenezwe na ipanuliwe ilituwe na dual carriage road. Pia, kuna mambo ya SGR. Kama ni vitu vingine, viwe vikibebwa na SGR ndio biashara iendelee vizuri watu wasiwe wanachelewa kwa barabara. Kuna uwezekano kuwa hawa wazee na akina mama ambao wanaendesha haya magari hawafikishi miaka 60 kwa sababu ya shida wanazopitia barabarani.

Kama sisi hapa, tukikaa masaa machache unasikia mwili umelegea, je, ikiwa wiki moja? Yule dereva anakaa kwa barabara na gari linaharibika kwa sababu barabara ni mbaya. Unakuta kuna shida nyingi. Hata wale watu wa Mombasa ama wanaotoka kona zote, ukiwa na magari madogo unakaa kwa barabara kwa masaa mengi. Ningeomba Serikali ya muungano iweze kuangalia mambo ya kupanuliwa kwa barabara hizi, zitengenezwa vizuri na mambo mengi yaweze kuangaliwa ndio magari haya yasiweze kukaa barabarani kwa muda mrefu.

Bw. Naibu wa Spika, watu wengi wanaongea mambo ya mipaka na Barabara. Lakini Sen. Omogeni wa Kaunti ya Nyamira, Seneta wa Kirinyaga, Sen. (Dr.) Murango, Sen. (Prof.) Kamar na mimi nikiwa Naibu Mwenyekiti wa Kamati ya Kilimo, Mifugo na Uvuvi, jana tulienda Budalangi katika ufuo wa Lake Victoria. Kule Biashara ya uvuvi imeharibika kwa sababu wakati wanavua samaki, wanawekwa ndani na askari wa Uganda. Sasa kuna vuta nikuvute na vita nyingi huko ufuoni mwa Lake Victoria.

Wavuvi wanalalamika kuwa mambo ya biashara inaleta shida kwa sababu gharama ya chakula cha samaki iko juu. Kwa hivyo, Kaunti hii ya Busia inafaa iangaliwe. Kilimo kimeharibika. Watoto wameacha kuenda shule kwa sababu ya shida nyingi. Ningeomba, tunapoangalia mambo ya mipaka, hata mambo ya uvuvi wa samaki iweze kuangaliwa. Nilikuja hapa nikifikiria kuwa kilimo cha samaki kiko juu, lakini kinaendelea kufifia. Kukiwa na umaskini, mambo ya busaa na mengine mengi yataleta shida. Hata mambo ya kufufua uchumi katika hii Kaunti ya Busia itakuwa ngumu.

Bw. Naibu Spika, ni aibu kubwa sana kuona wavuvi wetu wakitiwa ndani ya askari wa Uganda. Wakati huu wa communism, sio wakati wa kuweka watu ndani. Serikali ya William Ruto inafanya kazi vizuri na ninaiomba iweze kukaa chini na Serikali ya Uganda, ili watu wetu wakienda kuvua samaki washikwe na kutiwa ndani.

Tukiangalia mambo yote, tuzingatie mambo ya afya. Kaunti hizo zingine zikiendelea vizuri. Katika kaunti hii ya Busia, kilimo kinazidi kuimarika. Watu wingi wataendelea kupata shida nyingi kutokana na ukosefu wa chakula cha kutosha.

Kwa hayo machache, mimi ni Seneta wa Kaunti ya Embu, Alexandar Munyi Mundigi, ninaunga mkono. Asante.

Hon. Senators, the Committee on National Cohesion, Equal Opportunity and Regional Integration chaired by Sen. Chute visited Malaba border yesterday and he has a report that I would wish Senators to benefit from the interaction at the Malaba Border Post.

The Chair is here to guide the House with a lot of respect, and I have made a good clear communication on why Sen. Chute should give us that report. Chairman, I can see

you, but I want you to come in almost at the end, so that you can also hear what Senators are saying, since most of the work you are supposed to do is in your Committee.

Thank you, Hon. Speaker. As you have said, we went to Busia One- stop Border Post yesterday, and we were here before on the same issue and had an opportunity to have my Co-chair from the Committee on Trade, Industrialisation and Tourism. He visited Malaba with our Committee. I went to the border in Busia. We met with the manager of the institution, who is also the chair of different departments, including the other side of the border.

When we visited Busia, we found that there were so many issues that needed to be addressed. When we were here last time, we talked about several issues and found that they do not have a committee that deals with corruption. We indicated to them at that time that they should have a committee that takes care of issues of corruption. When we visited yesterday, the report we got is that they have instituted a committee that deals with corruption.

When we went to Busia One-stop Border Post, the first thing we did was to check the toilets, which have been there for seven years. These toilets were given to an individual to manage. That individual is not paying any money to KRA, but he is collecting money from passengers, who are crossing the border to Uganda and those crossing the border into Kenya. That is what we found is not right. We are going to deal with these things best. We are going to have a meeting with the Commissioner General of the KRA and ask him some questions.

The other thing we found is congestion at the Busia Border Post. It has a maximum of three kilometers. We have this congestion because of the road; the parking space can accommodate only 40 units and the biggest issue is flooding. The place floods because the drainage system is not working well as the county government has not taken care of the drainage system in the whole town.

The other issue that was raised by the manager is panya routes which are affecting the collection of revenue. They do not have enough staff. The staff they have currently are 66 out of the required 81. They have a shortage of 15 staff and apparently, interns from the Public Service Commission are six. If they are given nine more, they will have sufficient staff to take care of their border issues. They have asked for drones and if they had received a drone, at least, they would have managed the border issues.

Mr. Deputy Speaker, the other issue is health. We were told that they do not have an ambulance here. If they get a patient from Uganda, for example, suffering from a certain disease, what they can do is to ask the county government to take an ambulance there. If there is no ambulance, then that patient will stay there.

There is a risk when it comes to isolation. There is no isolation room and they have no ambulance. Those are issues that need to be taken care of.

Mr. Deputy Speaker, Sir, allow me a few minutes to conclude because this is a report that we got yesterday.

You have one minute.

Let me move very fast.

What is it, Senate Majority Leader?

Mr. Deputy Speaker, Sir, allow me to plead with you and beg for your indulgence. Given that these two committees visited two stations, that is the Committee on Trade, Industrialisation and Tourism, and the Committee on National Cohesion, Equal Opportunity and Regional Integration, will I be in order to plead that you allow the two Chairpersons 10 minutes each? I had intended to make that request earlier, given that they are just giving draft reports of what they saw.

Mr. Deputy Speaker, Sir, I beg for your kind indulgence.

Senate Majority Leader, you also went to the Border Post today and you gave your report. Sen. Chute and his Committee went to same border post and he is giving us the same report you gave us. If I allow the Chairperson of the Committee on Trade, Industrialisation and Tourism, he will give us the same story.

These Senators here also want to give their input to enhance those reports. Since they have been here since morning, with a lot of respect, let us also give them a chance to at least say something on this issue because we have very few minutes remaining. We can have a few of them to make their comments.

Proceed, Sen. Chute.

Thank you so much, Mr. Deputy Speaker, Sir. I was talking about the laboratory issue. They do not have enough capacity to manage the laboratory. The size is also too small for detecting and managing goods.

There is also the issue of access as Sen. Kamau said because it is not PWDs friendly. There is also very poor sanitation. I also talked about border porosity which is a big problem.

To summarise, we need to ask the KRA Commissioner General to appear before the Committee on Trade, Industrialisation and Tourism jointly with the committee in charge of East African affairs to discuss the issue of fast-tracking trade between Uganda and Kenya.

Surprisingly, there is an increment in collections from Kshs4.8 billion in the Financial Year 2022/2023. This financial year, they target to collect Kshs9.1 billion. As at now, they have collected Kshs3.9 billion. By the end of June, they must have collected over---

Next is Commissioner, Sen. Okong’o Omogeni.

Mr. Deputy Speaker, Sir, I also rise to support this Motion that is meant to address the systematic challenges at Busia and Malaba borders.

I want to take this opportunity to speak to the people of Busia. This Motion reminds me the importance that is attached to the Senate Constitutional (Amendment) Bill because the issues that we have identified and proposals that we are making can only see light of the day if the Senate of the Republic of Kenya is given full powers to look at issues touching on expenditure of the taxes that we raise.

I do not think there is any House other than the Senate of the Republic of Kenya that can take time out to come to a town in a county like Busia and visit the border posts, look at the challenges facing the country, then come up with a Motion like this that proposes interventions. I urge Kenyans in particular to pay keen attention to the Motion

that has been sponsored by the Senate Majority Leader and the Senate Minority Leader, so that we change our governance structure to give Senators of the Republic of Kenya a chance to have a voice on how money is spent.

If you watched CNN in the past two weeks, the Senators of America brought issues of expenditure in the United States of America (USA) to a standstill until they debated on issues touching on health in USA because they wanted enough money to be allocated by the government for healthcare. How I wish that the opportunity that we are giving the country, they will support this Motion so that we can have a say on how money is spent?

Yesterday when we adjourned the House, if you saw a line of trucks that was outside, I think it stretched for more than two kilometres. There is no way we are going to make our country attractive in doing business if we do not make easy movement of trucks along this border.

Talking about infrastructure, you cannot believe that driving from Kisumu to Busia, you will be getting to a border post where the Government is raking in billions of shillings in revenue. I wonder whether the Kenya National Highways Authority (KeNHA) has any sense of pride. What does it take to repair potholes on our roads? We can adjourn and drive along Busia-Kisumu Road and look at the potholes on the road. What does it take for KeNHA to repair these roads?

In 2007, I was the Chair of the Law Society of Kenya (LSK) when we proposed creation of the three roads agencies to give them independence and remove politics from issues touching on road infrastructure. The first Chair called Hannah Muriithi was proposed by myself as the Chair of LSK. When she went to KeNHA, she was appointed Chair of that body. Mary Karen Sorobit who was nominated to be a commissioner of the Independent Electoral and Boundaries Commission (IEBC) was the successor of Hannah Muriithi as a representative of LSK because it was meant to get some input from professionals so that we improve our infrastructure.

I was in my county. If you look at the potholes on the road between Kemira and Magombo, you will think that you are driving on a cattle track and that is unfortunate. Can the KeNHA not put money aside to repair potholes on our roads?

We have travelled in many countries including those in Europe but you do not see the kind of potholes that we see on our roads. Maybe we should make a demand that the current head of that body should resign. He does not need to continue being in office.

Mr. Deputy Speaker, Sir, as I support, I hope that we are not just lamenting. Some action should be taken---

I thought I had caught the eye of the Deputy Speaker emeritus, but I do not know what happened. I think our eye contact missed one another, but I am sorry for that.

Next is Sen. Omar Sheikh.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. As we discuss this Motion seeking to address systemic challenges, I hope we will have a solution to these challenges.

Uganda, Kenya, Ethiopia and Somalia are members of the Common Market for Eastern and Southern Africa (COMESA) that promotes economic growth in the region and integration of facilities.

On a point of order!

What is your point of order, Sen. Chute?

Mr. Deputy Speaker, Sir, it is point of information, sorry. Ethiopia is not a member of COMESA.

Is it a point of order or a point of information?

Mr. Deputy Speaker, Sir, it is point of information.

But is she willing to be informed by you?

No, Mr. Deputy Speaker, Sir.

Why not because it is not a---

Mr. Deputy Speaker, Sir, I do not need to be informed. I know that Uganda, Tanzania, Kenya, Ethiopia and Somalia are members of COMESA. COMESA makes the trade and economic facilities to be integrated within all the 21 member states of the COMESA.

As we discuss this issue of the border point, Mandera County has two borders; that is, Ethiopia and Somalia. The challenges which have been highlighted here are similar to what we face in Mandera except that in Mandera County, the border points are not formal.

There is lack of infrastructure and there are no roads. Custom duty is not supposed to be collected for foodstuffs which are being ferried. That shows that the county is losing a lot of revenue collection on that line.

Mr. Deputy Speaker, Sir, as we discuss the matter of border points, I have heard many Members talking about ferrying of foodstuff, but there is no mention of the issue of human trafficking.

Here in Busia, there is child labour. These girls mostly come from Uganda to work in Kenya specifically as housemaids. They are underage and they work in our homes. They are from Uganda and they just pass through these border points. We need to specifically restrict human trafficking between the two borders.

The same is also happening in Mandera County. Human trafficking is happening from Ethiopia to Mandera. They are currently found everywhere in Mandera County working as housemaids. That means there are no regulations guiding this practice. This has increased insecurity in Mandera County.

Also, as you have heard, there is this issue between Somali and Jubaland. If there was a formal border point, there would not have been this spillover war in Mandera County. I urge the Ministry of Interior and National Administration, the Ministry of Trade, Investments and Industry, Ministry of Treasury and Economic Planning to take their work seriously and ensure that these challenges are corrected and not to be not systematic.

There must be a solution through ICT. Specifically, we have to take our budget on the issue of ICT, so that---

Proceed, Sen. (Prof.) Kamar.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to contribute to this. I have been to that border post five times; two times under the East African Community (EAC) , twice under a committee that was investigating maize and the problems do not seem to be changing between the border of Malaba and the border of Busia.

I want to share the experience of Namanga, because that is another border point that I have been to and I think last year, I led a delegation from the African Union on the same.

Kenya is a very nicely placed country because we are in the COMESA, we are in EAC and we are in the African Union (AU) and the goal is to integrate these blocs. In integration, there are two rules that are required; that of free movement of persons, which the African Union is pushing for now and the other one of free trade blocs.

The importance of a border point is truly just to allow free flow of goods. The Chairperson of the Committee said that there are panya routes. There are panya routes because the border point has failed. If the border point fails, people will look for ways of crossing. After all, they are neighbours.

The hon. Moody Awuori Family is on both sides of the river and so are many other families and they will cross. It is very important that we realize that we are making more losses by inefficient management of our border.

The Namanga Border Post is completely different. It is completely different because resources have been put there. If you go there, the One-Stop Border Post (OSBP) of Namanga, Kenya is being praised. Kenya is the darling in the continent because of that. A lot of countries are going to Namanga, not knowing that we have a problem in Busia and Malaba.

In Namanga - and we were there two months ago - we actually observe that a vehicle spends not more than eight minutes to cross. This is because at the One-stop Border Post, you have the Tanzanian and the Kenyan customs persons sitting next to one another, everybody with a stamp. You exit and you are stamped entry and you do not do anything in the country in which you are entering. You are cleared from Tanzania and in entering Kenya, you do not change anything.

The scanner there works. I am informed that the scanner here does not even work. If you have a scanner which does not work, then you have nothing to talk about. So, the scanner there works and the one on the Kenyan side has flaws.

The Tanzanian side, which was busy installing their scanner, is so efficient because of the number of members of staff that they have. When you go to the go-down, the staff open and within a very short time, they have verified your goods and you go. Again, they were not taking more than 15 minutes. Unless we correct this, it is not going to help us and we cannot talk proudly of free movement of persons in the continent, or having a free trade area in the continent, unless we kill this mess.

I can see the recommendations that the two committees have given us, which are excellent, and I truly support. However, I would like to urge them to have a joint meeting as a committee and invite the two Cabinet Secretaries; the Cabinet Secretary of the Ministry of Trade Investments and Industry, the Cabinet Secretary for the EAC, the KRA and KeNHA, in order to come up with a solution at once.

The reason the Tanzanian side is good is because Kenya has joined the group of eight. When the African free trade area was developed, it was open for eight countries to start a relationship and that is what happened. Tanzania and Kenya are in that group of eight and Namanga has been perfected for that. It is very easy to do that.

I also urge the Committee to go to Namanga and compare notes when they are meeting these people. We must meet the Cabinet Secretaries. We must force them to do the right thing because we are losing more revenue that they would have collected and made us even better.

Thank you, Mr. Deputy Speaker, for the opportunity.

Any information from a Professor cannot be verified by someone who is not a professor. However, I want to try a resident of Namanga. Yes, Senator Tobiko Peris, but make sure you do not contradict the good professor on her remarks.

Mr. Deputy Speaker, Sir, I will be very careful not to contradict the professor. As I support this Motion, let me say that any border post or even any border town is the face of Kenya to foreigners who are coming in from across the border. So, we should be careful as a nation to make sure that every border post is working, the town has a good face, has facilities that are working and has infrastructure that is well maintained. This is because that is the face of our country, just like what we want visitors alighting at the Jomo Kenyatta International Airport (JKIA) to see. We are now proud that there is the express highway and they do not get into a traffic jam and there are good hotels around the airport. We should treat these border towns like Busia, Namanga and Taveta with that kind of seriousness.

As we talk about the Busia Border Posts, and this applies to all border posts, we aim to enhance trade and promote efficient movement of people and goods. This will reduce the cost of doing business in the region, as the Professor has said. She said the Namanga Border Post has fairly succeeded in reducing the time spent. However, I want the good Professor to note that while the time have improved, the social aspects around Namanga Border Post is wanting. The informal traders, particularly women, have no shelters and sanitation facilities, which are very important. These are the things we want.

There is also disjointed agency coordination; the KRA, Immigration and others. There should be a seamless way for these Government agencies to work together to create a friendlier environment for people and traders to operate

Mr. Deputy Speaker, Sir, I am also a Member of the Committee on Roads, Transportation and Housing. One time, we visited the Taveta-Holili Border Post. What we noted is that there are goods, including vehicles, that have been kept by KRA for years. I do not understand why KRA would not clear up those kind of goods. Some were disputed, some had not been cleared and others had court cases. Therefore, there are several goods being stored at the border.

When we also visited the Holili Border Post, we realized that whereas the Tanzanian side looks like it is operating well, the Kenyan side looked like a deserted home. In fact, even the sanitation and the buildings on the Kenyan side were horrible and dusty. The equipment used was also outdated and needs modernization. Even for checking goods, particularly foodstuffs, they use a long rod. I am sure there are

modernized ways of conducting inspections and testing. We need scanners at the border post.

Whereas the Namanga Border Post is fairly good in terms of the passage of goods, a lot needs to be done to facelift that town for the sake of the Kenyan situation. The roads and the water issue in Namanga need to be addressed, particularly the issue of- --

Hebu sasa tumsikilize Seneta wa Kaunti ya Kirinyaga.

Asante sana, Mstahiki Naibu Spika, kwa kumpatia mwenyekiti wa “Kiswahili Kitukuzwe” nafasi ya kuchangia ‘manda’ iliyopo mbele yetu siku ya leo. Kwanza, naungana na mwenzangu, Sen. (Prof.) Kamar, aliyeongea kuhusu Namanga. Nimepitia pale na ni kweli kwamba kuna ufanisi pale. Unapopitia kwa kituo cha mpaka cha Namanga, unamaliziwa haraka na kushindwa utaenda wapi.

Seneta wa Mombasa, Sen. Mohamed Faki.

Nimemsikia mtaalamu wa Kiswahili akisema, “nichangie manda”. Kuna, “mada” na “manda”. Manda ni kisiwa kule Lamu alikotoka Sen. Githuku. Mada ni mazungumzo yaliopo mbele ya Bunge la Taifa.

Asante.

Sen. Murango.

Asante sana, Mstahiki Naibu Spika. Wanaozungumza Kiswahili wametoka maeneo tofauti. Kwa hivyo, wanaochangia kwa kutumia lugha ya Kiswahili wana lafudhi tofauti tofauti. Ningeomba Seneta wa Mombasa aniwie radhi kwani umuhimu wa sabuni ni povu. Tunawasiliana na anajua naongelea nini. Naomba anipe hiyo nafasi.

Wanaoishi maeneo kama Malaba na Busia wana matatizo mengi. Kwanza ni msongamano wa magari. Hii inamaanisha kwamba miundo misingi itaharibika kwa haraka kwa sababu magari ni mengi. Kwa hivyo, wanafaa kupewa kipao mbele wakati barabara na miundo misingi inapotengenezwa.

Fedha ambazo nchi hii inapata kutoka kivukio cha mpaka wa Malaba ni nyingi sana. Unajua ng’ombe anayekamuliwa ndiye anayepewa nyasi kwanza. Pia mwenye kisima hapangi foleni ili achote maji. Kwa hivyo, ni vizuri kama watashughulikiwa zaidi.

Pili, barabara nyingi zinazotumika na magari zinasababisha ajali mbalimbali. Wakati ajali inatokea, ni vizuri kuwe na hospitali maalum ya kushughulikia mambo hayo. Kwa hivyo, Busia ni mahali ambapo panafaa kuwa na hospitali inayotibu majeraha yanayotokana na ajali za barabarani ili wanaoishi hapa na wanaopita wanufaike.

Jambo lengine ni kwamba tuko katika enzi ya akili unde na teknonojia imesonga mbele sana. Kwa hivyo, tungeweza kutumia hiyo teknolojia, matatizo mengi yangepungua. Nimesoma kwa ripoti kwamba vifaa vingi pale ambavyo havifanyi kazi. Kwa kimombo zinaitwa, “scanner” ili Seneta wa Mombasa asipotee katika mazungumzo yangu.

Pia kuna msongamano wa taasisi nyingi za Serikali. Zengine zimechukua tu vyumba lakini hazina majukumu makubwa ya kuwa eneo lile. Kwa mfano, kuna taasisi ya Agriculture and Food Authority (AFA) , Kenya Bureau of Standards (KeBS) , Kenya Plant Health Inspectorate Services (KEPHIS) na taasisi nyinginezo. Itakuwa bora kuacha

taasisi chache ili kurahisishia watu wanaovukisha mizigo wapitie ofisi kama tatu pekee. Kwa sasa hivi, unapoenda na makaratasi, lazima ubebe faili kwani kuna hata madaktari wa ng’ombe wanaokaa kwa mipaka na sijui wanahusika vipi kwa mtu anayesafirisha mzigo wa mahindi.

Mwisho, usalama katika maeneo yale unafaa kushughulikiwa kwa kutengeneza barabara zinatotoshea kupita na kuegesha magari na vinginevyo.

Kamati zinazohusika, tunapomaliza hapa, wanafaa kukaa chini na kuvalia njuga jambo hili ili kuhakikisha wananchi wataona matunda ya mambo tuliyoyaongelea tukiwa Busia. Tukiachia mahali tumeyafikisha, itakuwa tumesafiri na kuongea tu, lakini wananchi wataachwa na taabu walizonazo siku ya leo.

Asante sana, Bw. Naibi Spika.

Sen. Murgor Julius.

Thank you very much, Mr. Deputy Speaker, Sir, for giving me the opportunity to also air my views along with those of my colleagues. It is true that borders such as Busia, Malaba, Namanga and the others are points that need cooperation from neighbouring countries such as Uganda, Tanzania and others.

I was talking to the police chief here yesterday and he said that some of the times the flocking of load trucks that stay here for a day or two are contributed by the two countries. Sometimes the Ugandan side slows down and, therefore, making this side not be able to clear and let trucks cross to the other side.

Mr. Deputy Speaker, Sir, the two countries need to really work together close by, so that the managers or the responsible people on either side work. This is so that there is a daily communication as to what is happening and clearances are in knowledge of both sides. This is because without cooperation and all that, we incur a lot of losses. One of the losses that we incur is time because the number of hours that truck drivers and their helpers spend on such borders are very many. Therefore, they lose time. Loss of time means loss of probably even money that they have to spend.

Mr. Deputy Speaker, Sir, staying longer means those drivers will not have money to spend on the way and be able to reach their destination and back. Also, there are losses of or risk of goods going bad. For instance, if they are carrying tomatoes and other agricultural products, they will rot on the way before they reach their market. Therefore, that is a lot of loss. There is need to really speed up so that such incurrences are not experienced.

Delay of delivery of these things means they will not reach their market. Therefore, the owners of the trucks and the goods will experience a lot of losses because the goods have not reached their destination on time. Also, congestion in such a place such as Busia runs a risk of health hazards and situations because there are no toilets and so on, like many of my colleagues have said.

Mr. Deputy Speaker, Sir, I urge the two committees, riding on what Prof. Kamar has said, to visit Namanga and have time with the responsible Cabinet Secretaries, so that our talk, time and findings here will not be just talks for the sake of it, but that change will be experienced because action will be taken.

Thank you. I support.

Asante sana, Mhe. Naibu Spika, kwa kunipa fursa hii. Mwanzo, ninatoa shukrani kwa Senate Majority Leader kwa kuleta Hoja hii. Pili, ninatoa shukrani zangu za dhati kwa Kamati yangu ya Trade, Industrialisation and Tourism ambayo jana tulienda Malaba. Ninatoa shukrani zangu za dhati kwa wanakamati wangu; Sen. Mbugua, Sen. Mandago, Sen. Mungatana na Sen. Tabitha. Sote tulienda hadi Malaba. Yale ambayo tuliyaona pale Malaba, kama vile Maseneta wenzangu wamezungumza ni ya kweli kabisa. Ukiangalia kuhusu mambo ya barabara ni ukweli.

Pia jambo la magari kuchelewa kuvuka mpaka ni kweli. Vile vile kuhusu utendakazi wa wafanyikazi wa KRA na wenzao ni ukweli. Kwa hivyo, sitaki kusema mengi sana kwa sababu yale ambayo yamezunguzwa na Maseneta, ninayaunga mkono kabisa.

Pia ninatoa shukrani zangu za dhati kwa Maseneta ambao tumeungana tukaenda Busia Border. Tuliamka mapema tukaandamana tukaenda pamoja kwa mguu mpaka border, tukayaona ya Busia. Yale ambayo yamezungumzwa, yote ni ya kweli kabisa. Kuhusu choo, ni ukweli. Choo kiko pale na kuna mtu anachukua pesa. Choo chenyewe hakisafishwi. Maneno ya barabara pia ni ukweli.

Mhe. Naibu Spika, hapa la kufanywa kama sisi wanakamati ama Maseneta, haswa mimi kama Mwenyekiti wa hii Kamati, mwanzo nataka tufanye kikao cha pamoja na Committee on Delegated Legislation tuweze kumwita Kamishna wa KRA aje kwa Kamati tumhoji. Vilevile, tuwaite watu wa KeNHA wa barabara ili watueleze ukweli; barabara shida ni nini. Hii kwa sababu ukiangalia pesa zilipeanwa siku nyingi zilizopita. Contractor ambaye alipewa kandarasi, hakumaliza kazi. Huu ni ufisadi. Ni kwa sababu gani magari yanakaa hapo tangu asubuhi hadi jioni?

Mhe. Naibu Spika, kama jana ungekuwa pale, hii Kamati ilipeana fursa kwa wananchi. Tuliuliza, kama kuna mtu yeyote ambaye yuko katika sekta ya transport, atueleze shida ni nini.

Mhe. Naibu Spika, ukiwasikiliza utalia. Walituambia kwamba magari yakienda Uganda huko kuna roadblock karibu kumi. Hapa na hapa kuna roadblock. Watu wa clearing wanalia sana. Wanasema ukaguzi wa makaratasi, process zake karibu saba. Jana tunauliza kuna mtu mmoja wa veterinary – anaulizwa, wewe ni wa veterinary, wewe unaleta shida katika border ya Malaba. Anaulizwa, kwa nini inachukua muda mrefu kupata kibali cha veterinary, anasema mimi mpaka nipeleke makaratasi ya maombi Nairobi. Nairobi, for what reason, Mhe. Naibu Spika? Kama Kamati na Maseneta, lazima tukae kidete. Hii mambo ya kuambiwa, sijui barabara, sijui nini. Sisi kama Maseneta hatutakubali. Na hii Kamati yetu ya Trade, Industrialisation and Tourism ya hii nyingine, itahakikisha kwamba hawa mawaziri – hatuwaogopi - Waziri wa Fedha ataitwa pia aulizwe, hizo pesa anazokusanya katika nchi hii, ni jambo gani zinafanya hizi border zetu zibadilike. Why? Waswahili wanasema, kwa nini? Wazungu wanasema, why? Kwa nini hizi border zina shida?

Mhe. Naibu Spika, ni aibu. Leo utapata magari yamejaa kuanzia hapa mpaka kule. Leo, ninawashukuru sana hawa Maseneta ambao wamerauka asubuhi na tumetembea kwa miguu. Hatukwenda kwa magari yetu. Ni kweli, siyo kweli? Tulitembea mpaka hapo. Magari yameanzia hapa. Tukiuliza, tunaambiwa sijui scanning, sijui kamera, sijui photocopy. Haya mambo yatakwisha lini?

Kwa hivyo, sitazungumza mengi. Yangu nimeyaona na nawashukuru sana wanakamati ambao tumeandamana leo na jana. Tutaketi pamoja tuwaite hao watueleze shida ni gani.

Kwa hayo machache, ninaunga mkono sana Senate Majority Leader kwa kuleta Hoja hii.

Asante sana.

Asante Mwenyekiti wa Kamati ya Utali, Biashara na Viwanda. Umezungumza vizuri lakini kitu kimoja ulisema uongo; ukasema kwamba mimi nikiwasikiza wale nitalia. Kusema ukweli, wazee wa Njuri Ncheke, hawalii.

(Kicheko) Hawawezi kulia kwa sababu hawa ndio wanawatuliza wale wanalia. Unawashika vizuri ndio waache kulia.

Sen. Consolata, proceed. We have some minutes for maybe two or three Members. You can share the time among the three of you; Sen. Consolata, Sen. Mo Fire and Sen. Kavindu. You can share those ten minutes and have three minutes each.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to contribute to this Motion by the Majority Leader, Sen. Aaron Cheruiyot. I happened to pay my maiden visit under the Committee on National Cohesion, Equal Opportunity and Regional Integration yesterday. I concur with the rest of the speakers that there are a lot of challenges at the border. I think this applies to all the borders.

I would like to contribute on the concern about sanitation, security and the goodwill of the heads of State of the member countries, that there is need to foster economic diplomacy so as to harness bilateral ties among these countries. There is a lot at the borders that is happening and, in my perspective, whatever challenges that are experienced at the Busia Border are the same challenges experienced at Namanga and other border posts in Kenya.

Mr. Deputy Speaker, Sir, there is need for our leaders, including the governors and county assemblies through the Constitution of Kenya, where there are articles that envisage the purpose of public participation. This is done at the Parliament, at the county assemblies and even at the counties during---

Mr. Deputy Speaker, Sir, I beg for your protection.

Who is harassing you, Sen. Consolata? Is it Mo Fire or Sen. Murango?

Thank you, Bw. Deputy Speaker, Sir, that is baptism by fire. I take it positively.

I was deliberating on the issues that are surrounding our border posts. We tend to have a lot in written form, but the implementation bit is tricky. So, I would like to urge our leaders to perhaps pull the wider spectrum of all the economic tools that we have in our countries, so that we are able to realize this. Otherwise, it will remain as a status quo in not implementing whatever we discuss. Therefore, this powerful House demands that

we focus so much on implementation by pushing the relevant ministries or authorities to make it happen.

I was at the border and let me not quote what the Senator talked of trying to cry. I will not cry. A woman will always remain strong. She has the tenacity as a key leadership tool to overcome the challenges. I also discovered one thing because we met 24 sector leaders. I believe that the outcomes given were sector related. I, therefore, believe that we need to compile and consolidate them and maybe have a wrap up of the common aspects that cut across those departments. However, I also realized one thing, that the Kenya Revenue Authority (KRA) department needs to embrace the Access to Government Procurement Opportunities (AGPO) directive that is by giving tenders to the youth, women and people with disabilities. That is embracing disability Access to Government Opportunities (DAGPO), Women Access to Government Opportunities (WAGPO) and Youth Access to Government Opportunities (YAGPO). YAGPO means Youth Access to Government Opportunities, YAGPO is Women Access to Government Opportunities and DAGPO is Disability Access to Government Opportunities.

Mr. Deputy Speaker, Sir, I want to finish by saying that all borders are permeable or rather pervious. Therefore, there is need for us to look for ways of implementing what we are supposed to do.

On occupational health, I have a lot to talk about because port health is pathetic and most of those officers are faced with a lot of challenges.

I thank you, and support.

Sen. Kavindu, please, proceed.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. Let me first of all start by thanking the people of Busia County for letting us to be here.

Mr. Deputy Speaker, Sir, I raise to support this Motion which is meant to address the systematic challenges facing the Busia-Malaba One Stop-Border Point. I have listened to every Senator who has risen to speak and we are all talking about implementation. The committees that are concerned, I pray that even as they call the people concerned that they will also involve the Ministry of Foreign and Diaspora Affairs for coordination with the bordering countries that we are sharing the borders with, for smooth passage by the trucks.

Mr. Deputy Speaker, Sir, I would like to request that the Senate leadership led by our Speaker and the Senate Majority Leader and every other leader to sit and see how all the Motions and Statements that we do at the Senate, including this one that we are discussing here will be implemented. We sit and discuss a lot of Motions, and Statements but implementation becomes an issue. I have heard people talk about coming here even before and discussing the same issues however, we are discussing the same issues now.

Mr. Deputy Speaker, Sir, the biggest issue is to implement what we discuss at the Senate. If we can have a committee of implementation at the Senate that will follow up all the Motions and Statements that we discuss at the Senate, that will make us move forward and not repeat the same issues.

Mr. Deputy Speaker, Sir, we are at Busia, discussing the issues of Busia County. I pray that this will be implemented so that the people of Busia County will see the work that we have done while here.

I would like to request that the committee on implementation will be set at the Senate, so that the issues can be done and that the honourable people of Busia County will see all the issues that they have raised at this Senate being implemented. I insist on implementation of all the issues that we have discussed at the Senate.

I thank you.

Hon. Senators, in view of the interest that the Motion has generated and the noting that we travelled to Busia to see how we can deliberate on all issues and sort out the issues in this county, I will use the powers conferred to me by Standing Order 34 (2A) way to extend this meeting for another 15 minutes so that we can conclude this Business.

Sen. Mo Fire, please, proceed.

Mr. Deputy Speaker, Sir, from the onset, I support this Motion which has generated a lot of interest. It is unfortunate that we are discussing this Motion in 2025. It should have been brought in 1970s.

Mr. Deputy Speaker, Sir, if you look at the way we operate as the East African Community, there is a lot of confusion. I have captured the sentiments of the Chairperson of the Senate Standing Committee on Trade, Industrialization and Tourism and every other Senator who has contributed to this Motion on the need to have smooth operations along our border.

We have been to all over the world, where we do not have some of these stringent measures, where many people find it impossible to trade. It is very unfortunate that trucks would pile all the way, almost like a kilometre and there is a lot of confusion along the border. It is the high time the concerned committee should move with speed, invite all the relevant stakeholders, so that this matter can be discussed deeply, and make sure that this Motion does not find itself in the archives, just like so many other Motions that have been processed through this House.

Let us move with a lot of speed and make sure that whatever we discuss here today in Busia is something that is---

The Deputy Speaker (Sen. Kathuri) : I kindly request the Senators to remain around so that we can put the question of the Mover replies.

Thank you, Mr. Deputy Speaker, Sir. The committees that are concerned, should engage all the stakeholders so that this matter can be addressed once and for all. It is long overdue, and it is a matter, that should be processed for the benefit of the East African Community.

It is very sad that up to now, we are talking about border issues. We are supposed to have a very free system where people can move in freely, without delay and hiccups, so that we can boost the economy of the three countries.

Mr. Deputy Speaker, Sir, it is important for this Motion to be brought and I hope that the Committee on Tourism, Trade and Industrialization, the Committee on Roads and Transportation, the Committee on Devolution and Intergovernmental Relations and the Committee on National Cohesion, Equal Opportunity and Regional Integration will put

their minds together and bring all the concerned stakeholders in order to solve these perennial problems that affect our border points.

I thank you and I support.

Hon. Senators, we have come to the end of the debate. I will, therefore, call the Mover to reply.

Thank you, Mr. Deputy Speaker, Sir. I thank colleagues who have taken time to speak to this consequential Motion. Consequential in the sense that it speaks to the heart of the people of Busia and the people of East Africa.

The Senators have expressed themselves in one clarion call that things ought to be better, that we cannot accept this but like they say, the proof of the pudding is in the eating. Senators serve in these committees. They serve in the Committee on Tourism, Trade and Industrialization, the Committee on National Cohesion, Equal Opportunity and Regional Integration and the Committee on Roads and Transportation.

The only way the people of Busia will know that they mean business is not by the flowery language that has been used on the Floor of this Busia County Assembly Chambers this morning, but by the very actions that we will undertake once we depart Busia.

If, and I am saying if because I am cautiously optimistic, the Members of the House choose to follow through with the reports and the proposals that will come from the committees; so that it is remembered one or two years down the line that the Senate added its voice and ensured that things got better after the visit of the Senate of the Republic of Kenya to the two border posts, then eventually we will say that it was worthwhile. I am sure the people of this county will appreciate and the people of East Africa in general will feel proud of the Senate of the Republic of Kenya.

I had mentioned earlier in the morning that even as we proceed to the East African Legislative Assembly (EALA) Games in Kampala, it represents us with a perfect opportunity to engage with this topic. I remember the first time I attended EALA Games in 2015, one of the Member state parties during the closing dinner spoke passionately that the desire of that Association should be beyond the call of sports. It should also respond to the issues that bedevil our community. It can be known that beyond the netball, basketball, football, athletics and the other things we do in EALA Games, we can speak to each other as leaders and say that; this cannot be the case.

For example, and in a first move, I will be proposing to the Committee on Roads and Transportation, the Committee on Tourism, Trade and Industrialisation and the Committee on National Cohesion, Equal Opportunity and Regional Integration to pass one of the recommendations in the report so that when we eventually pass it, we share the same with our counterpart House in the neighbouring country of Uganda so that colleagues from that part of the world appreciate and know that they need to address these challenges.

Mr. Deputy Speaker, Sir, unfortunately, if you address the backlog on the Kenyan side, but it is not addressed on the side of Uganda, then we will still ourselves in the same spot. We will move quickly in Kenya but then get into another situation with Ugandan authorities. This includes the many issues transporters have raised including the incessant

stops and demands for bribes by police officers which goes all the way. We have to sympathize with these transporters. Imagine a transporter who has to move cargo from Nairobi to Kampala. They have to battle their way through almost 100 police roadblocks. That does not make sense in this day and age.

Even if was about security all whatever that we are trying to apply, there are better ways that other countries are using to deal with these challenges such as bonding the company or the driver so that people respect the rule of law.

The unfortunate thing is that, as Africans, we also are not very compliant in respecting the rule of law. The only way to make a thick African head respect rules is that people must see that there is punishment each time they break the law.

In other countries, if a company driver overloads, it is already set out what the punishment will be. That company will receive an instant fine that will be graduated if it the second time and even higher for the third offence. If you delay in paying, you lose your licence. Everybody knows that they must play by the rules. If the acceptable load is 22 tons, for example, that is what they will observe.

Mr. Deputy Speaker, Sir, that will remove all these stoppages and weighbridges that are a very archaic way of doing things. You will never see these kinds of things in other parts of the world because people have learnt to be decent and to behave like sane human beings.

These silly games we play with each other and people do this and the other--- Since we understand the African culture, sometimes people call asking me to intervene because their lorry has been arrested by the Kenya National Highway Authorities (KeNHA). When you ask them the reason for the arrest they say, “You know the driver did this and that---” I normally promise to look into it but never move it beyond that point.

What kind of behaviour are we encouraging? If you have not trained your drivers to respect the rule of law, you are spoiling our roads. Tomorrow, you will find all those potholes people are complaining about from Kisumu to Busia on account of that kind of behaviour; overloading on our roads and so many behaviuors that do not make sense.

I hope that with this conversation we have begun here, we can have a counterpart discussion with our colleagues from the sister legislative arm of the Parliament of Uganda so that we entrench that which has already been agreed on. We are not inventing anything. These are things that are known and have been done across the world on how to manage interborder transfer of goods and services and making them seamless.

What is happening in this Busia and Namanga border post cannot be allowed to go beyond what it is currently without a making a final decision. We keep having interministerial meetings every now and then. Of course, we will never get to a point where we will say we have concluded on this issue.

I believe even in the European Union Parliament in Brussels, many times they are always there pushing and haggling about these issues on labour migration and so on. As neighbours, there will always be new things that will emerge and a reason for people to meet, caucus and try to agree.

Of important nature to this conversation is that people can see the progress and that things are getting better. Let us meet and talk about more serious things about the

EAC integration but not about how to make trucks move faster on a border point. There are deeper things we can share about setting up industries with advantages from both sides and what makes sense to do in Kenya and Uganda.

Uganda is one of our friendliest neighbours and one that we get along with so easily, better than almost all other EAC partner states. We resolve our issues fairly amicably. It is my wish that we can resolve this matter with the quickest speed possible.

With those many remarks, I register my appreciation to the Members that have spoken on this topic. I hope we can conclude.

Like I have observed, the Chairperson of the Committee on Roads and Transportation together with the Chairperson of the Committee on Tourism, Trade and Industrialisation should know that the people of Busia are waiting to see them match their words with action. They should bring a report to this House that will be followed with implementation. We will send it to our counterpart legislative arm, the Parliament of Uganda, and insist on full implementation of all the agreed East African Community (EAC) protocols.

With all those remarks, I register my appreciation and beg to reply.

Thank you. Clerk, can you ascertain the quorum. Confirm if we have 15 Senators.

Hon. Senators, having concluded the business for which I extended the hours of sitting pursuant to Standing Order No. 34 (2A) , the Senate stands adjourned until later today, Wednesday, 8th October, 2025, at 2.30 p.m.

The Senate rose at 1.15 p.m.