Hansard Summary

The Senate debates a motion to address systemic challenges at the Busia-Malaba border posts, including congestion, inadequate infrastructure, and delays in customs processing. The motion aims to streamline operations, modernize infrastructure, and harmonize policies to restore Kenya's competitive edge and fully realize the benefits of the EAC. The Senate resolves to develop a comprehensive action plan to address the challenges. Sen. Cheruiyot expresses frustration over the inefficiencies at the Malaba and Busia border posts, calling for a comprehensive action plan to address the issues. He criticizes successive administrations for failing to resolve the problem and suggests that the system needs to be made more efficient to cater to the needs of all Kenyans, not just leaders. Sen. Cheruiyot commends Senators who visited Malaba Border Post, highlighting inefficiencies in East African trade and calling for a 90-day rapid plan to improve the situation. He emphasizes the need for integration, technology, and efficient trade practices to benefit counties and the region.

Sentimental Analysis

Positive

THE PARLIAMENT OF KENYA

THE SENATE

THE HANSARD

THIRTEENTH PARLIAMENT

Fourth Session

Wednesday, 8th October, 2025 at 9.30 a.m.

PARLIAMENT OF KENYA

Wednesday, 8th October, 2025

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

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.

NOTICE OF MOTION

ADDRESSING SYSTEMIC CHALLENGES AT THE BUSIA-MALABA BORDER POSTS

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

Services, Senate. 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-

increase the number of functional cargo scanners, and establish dedicated clearance lanes for perishable goods and transit cargo to decongest the border points;

(iii) the Ministry of Trade, Industry and Cooperatives; and the Ministry of East African Community (EAC), the Arid and Semi-Arid Lands (ASALs) and Regional Development, to intensify bilateral and EAC level engagements with the counterpart Ministry to ensure full harmonisation and realization of the One Stop Border Post (OSBP) concept;

(iv) the Ministry Roads and Transport and the Kenya National Highways Authority (KeNHA) to prioritise and fast-track the completion of the supporting road and rail infrastructure, such as the dualing of the highway from Malaba to the interior, to ensure that gains at the border are not lost to domestic logistical bottlenecks.

The Speaker (Hon. Kingi): Next Order. Senate Majority Leader, you may now move the Motion.

The Speaker (Hon. Kingi):

Next Order. Senate Majority Leader, you may now move the Motion.

Services, Senate.

ADDRESSING SYSTEMIC CHALLENGES AT THE BUSIA-MALABA BORDER POST

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-

Services, Senate.

(ii) KeNHA and the KRA, to fast-track the expansion of access roads, increase the number of functional cargo scanners, and establish dedicated clearance lanes for perishable goods and transit cargo to decongest the border points;

(iii) the Ministry of Trade, Industry and Cooperatives; and the Ministry of East African Community (EAC), the Arid and Semi-Arid Lands (ASALs) and Regional Development, to intensify bilateral and EAC level engagements with the counterpart Ministry to ensure full harmonization and realization of the One Stop Border Post (OSBP) concept;

(iv) the Ministry Roads and Transport and the Kenya National Highways Authority (KeNHA) to prioritize and fast-track the completion of the supporting road and rail infrastructure, such as the dualing of the highway from Malaba to the interior, to ensure that gains at the border are not lost to domestic logistical bottlenecks.

Mr. Speaker, Sir, yesterday in the afternoon, when our colleagues engaged in a debate on the exact challenge at the Busia and Malaba border posts, I notified the House that during a Senate Business Committee (SBC) meeting, we made a decision, conscious of the fact that we were to operate in the County of Busia this week. We requested the Committee on Trade to lead the way in guiding this House to try and make headroom in resolving this challenge that appears too huge for any government to overcome.

Successive administrations, over the years since 1963, have never resolved this challenge. This appears to be getting worse by day with the increase in population in the two neigbouring countries. Therefore, there is greater need for trade between the two countries. However, if you come here, despite the fact that we are in the 21st Century, you will be shocked that we behave like ancient creatures. Trucks queue all the way, sometimes two to five kilometres or even beyond waiting to be cleared. Nobody is asking us, as a country, both on our side and on the neigbouring side of Uganda, to reinvent the wheel. A solution exists. Nobody is asking us to derive any formula that is nonexistent. These are things that have been done in other parts of the country yet for a very strange reason, we are simply unable to do it. What is happening at the Malaba and Busia border posts is unfortunate.

I look forward to listening to the facts that have so far been established by the Committee on Trade, Industrialisation and Tourism and the National Cohesion, Equal Opportunity and Regional Integration Committee who also visited the Malaba Border Post yesterday.

It is very unfortunate that in the 21st Century, we are still having a discussion with Government agencies that should otherwise have resolved this mess a long time ago. I have seen successive Government Ministers come here.

I started hearing this story of a one-stop border post when I was in high school, many years ago. I am now here in Parliament and we are still talking about it. It is a concept that is available on paper but does not exist in practice. It is unfortunate that we have created bottlenecks that form ripe ground for corruption to thrive.

I am a frequent user of this border because I have things that I do in Uganda. Each time I pass through this border post, because of the position of privilege that I occupy, they will have known in advance that I am coming. As soon as I arrive, my passport is

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)

Sen. Cherarkey

Order, Senator for Nandi!

The Speaker (Hon. Kingi)

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

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

Services, Senate. 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.

Services, Senate.

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

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.

Sen. Madzayo) :
Sen. Madzayo) :

Services, Senate.

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

Services, Senate.

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.

Services, Senate. 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.

Services, Senate. 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.

Sen. Cherarkey

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

Hon Kingi

Services, Senate.

Sen. Cherarkey

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

Sen. Cherarkey

Services, Senate.

Hon Kingi

Services, Senate. 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.

Services, Senate. 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.

Services, Senate. 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.

Services, Senate. 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.

Services, Senate.

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.

Sen. Cherarkey

You have 30 seconds.

Sen. Cherarkey

Services, Senate.

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.

Sen. Cherarkey

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.

Services, Senate.

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.

Services, Senate.

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.

Services, Senate.

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.

Services, Senate.

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.

Services, Senate.

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.

Services, Senate.

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.

Services, Senate. 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.

Services, Senate. 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.

Services, Senate.

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

Services, Senate.

Mr. Deputy Speaker, Sir, a lot of revenue is being lost here. We were told that in the Financial Year 2023/2024, the target was Kshs4.8 billion, but they collected Kshs6.1 billion. This financial year, the target is Kshs9.1 billion. I believe both the Busia and Malaba border point can go beyond Kshs 15 billion. There is enough money to be collected, but our people need to embrace technology---

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

Sen. Enock Wambua, proceed.

Services, Senate.

Mr. Deputy Speaker, Sir, a lot of revenue is being lost here. We were told that in the Financial Year 2023/2024, the target was Kshs4.8 billion, but they collected Kshs6.1 billion. This financial year, the target is Kshs9.1 billion. I believe both the Busia and Malaba border point can go beyond Kshs 15 billion. There is enough money to be collected, but our people need to embrace technology---

Services, Senate.

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,

Services, Senate. 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, 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,

Sen. Mungatana, MGH

Services, Senate. 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.

Sen. Mandago, please, proceed.

Services, Senate.

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.

Services, Senate. 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.

Services, Senate. 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---

Services, Senate. 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. Omogeni

Sen. Methu?

Sen. Omogeni

Services, Senate. 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---

Services, Senate. 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.

Services, Senate.

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.

Services, Senate.

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.

Services, Senate. 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.

Services, Senate. 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.

Services, Senate.

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.

Services, Senate.

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.

Services, Senate.

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.

COMMUNICATIONS FROM THE CHAIR

VISITING DELEGATION FROM ACK MODING PRIMARY SCHOOL, BUSIA COUNTY

Services, Senate.

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.

Services, Senate. 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

Services, Senate. 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.

Services, Senate. 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.

Services, Senate.

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.

Services, Senate.

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---

Services, Senate. 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---

Sen. Omogeni

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.

Sen. Omogeni

Services, Senate. 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---

Services, Senate.

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.

Sen. Mariam Omar

On a point of order!

Sen. Mariam Omar

Services, Senate.

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?

Sen. Mariam Omar

No, Mr. Deputy Speaker, Sir.

Why not because it is not a---

Sen. Mariam Omar

Services, Senate.

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.

Services, Senate.

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.

Services, Senate.

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.

Services, Senate. 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.

Services, Senate. 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.

Services, Senate. 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.

Services, Senate. 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.

Services, Senate.

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?

Services, Senate.

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.

Services, Senate.

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.

Services, Senate. 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.

Services, Senate. 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.

Services, Senate.

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.

Sen. Kavindu Muthama

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.

Sen. Kavindu Muthama

Services, Senate.

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.

Services, Senate. 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.

Sen. Kathuri) :

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

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

Services, Senate. 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.

Services, Senate. 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.

Services, Senate. 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.

ADJOURNMENT

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.