James Orengo

Sen. Orengo) : Thank you, Senator. Sen. Wambua, proceed. Madam Temporary Speaker, this is a very critical question not facing just Kenya but the entire world community. I think it is important to go through the statements that we have made in this House, beginning with the Special Committee that...

have “eaten” money meant to fight this pandemic, in all seriousness, are not better than those who commit the offence of genocide. We cannot be afraid to say so.Madam Temporary Speaker, I want to urge the Government agencies that are dealing with those who are playing around with the funds...

Thank you, Senator. Sen. Wambua, proceed.

Thank you, Madam Temporary Speaker, for this opportunity to also make a comment on this Statement. I join my colleagues in thanking the Senator for Vihiga for bringing this Statement. However, you remember when the Senator for Vihiga was making this Statement, he mentioned that there are other Statements that...

That speaks to wisdom and responsibility. We have a duty as leaders of this country to take care of the health of our people and make sure that we do not expose them to unnecessary dangers on the spread of this COVID-19.Madam Temporary Speaker, there has been a lot of...

Sen. M. Kajwang’, Senator for Homa Bay County, proceed.

Madam Temporary Speaker, as a Senator of one of the counties that was recently locked down, I am glad that today, through the Statement by Sen. Khaniri, we have started with the subject of COVID-19 which is killing our people. If we politicize and assign blame on this matter, we...

tell Kenyans the extent to which this disease is ravaging Kenyans. All of us here, be it an elected or nominated Senator is added to WhatsApp group to help with the burial preparation or hospital bills of victims of the COVID-19 pandemic. The people who are dying from the disease...

Proceed, Sen. Sakaja.

Sen. Orengo): Mr. Speaker, Sir, on behalf of the people of Kisumu City County and in the belief that I know the two heroes – His Excellency the President Uhuru Muigai Kenyatta and the former Prime Minister, Raila Amolo Odinga and the people of Kenya, I vote ‘Yes.’ The Clerk-at-the-Table:...

Sen. Orengo) : Sen. Orengo) : Hon Senators, we will again do a Roll Call Vote. Mover.

Sen. Orengo) : Sen. Orengo) : Madam Deputy Speaker, I vote yes. The Clerk-at-the-Table: Sen. (Eng.) Hargura Godana May 11, 2021 SENATE DEBATES 15

Hon. Senators, I will now put the Question; that The Constitution of Kenya (Amendment) Bill (2020) be now read a Third Time. We will do Roll Call voting. While the tellers come forward, can we ring the Division Bell for two minutes? (The Division Bell was rung)

I, Cheragei Kiprotich Samson, on behalf of the beloved people of Nandi County and in the spirit of Koitalel Arap Samoei and Jean Marie Seroney, I vote no to this deception. The Clerk-at-the-Table: Sen. Cheruiyot Aaron.

Madam Deputy Speaker, on behelf of the people of Kericho, we say no to this attempt at mutilation of our Constitution. The Clerk-at-the-Table: Sen. Gona Christine Zawadi

Madam Deputy Speaker, I vote yes. The Clerk-at-the-Table: Sen. Haji Abdikadir Mohamed.

Sen. Orengo) : Madam Deputy Speaker, first of all, I would like to remember the late Sen. Yusuf Haji who spearheaded this process. He was one of our colleagues. I am sure that he is looking down at us with pride. I therefore dedicate this vote to him. This process...

Hon. Senators, please consult in low tones so that other Members can be heard. The Senate Minority Leader ( Sen. Orengo) : Sen. Orengo) : Bi Naibu Spika, asante sana kwa kunipa fursa hii ya kujiunga na wenzangu kupongeza Bunge la Seneti kwa kukubaliana na kupiga kura nzuri. Kila safari...

I would like to emphasize that the Joint Committee of Parliament recommended that the Constitution of Kenya (Amendment) Bill, 2020 be passed as it is. The Joint Committee made observations which became part of the debate. I hope that after passing this Bill, we have to live with it as...

Sen. Orengo) : Please, let us consult in low tones. The Senate Minority Leader (Sen. Orengo) : (Loud consultations)

Please, let us consult in low tones. The Senate Minority Leader ( Sen. Orengo) :(Applause) Including the Attorney-General May 6, 2021 SENATE DEBATES 5

Sen. Orengo) : Sen. Orengo) :

Sen. Orengo) : There is another point of order. Hold on, Sen. Sakaja. On a point of order, Mr. Speaker, Sir! The judges normally look at people who are using judicial craft. You become crafty and try to make a word meaning what it is not. The Constitution has its...

There is another point of order. Hold on, Sen. Sakaja.

Mr. Speaker, Sir, will you give me more time?

Yes.

Sen. Orengo) : Sen. Orengo) : Mr. Speaker, Sir, in law we have a doctrine called watching the watchers. We can also have informing the informers. This is the growth in law and debate. I want to inform my distinguished nephew that when you look at Article 89, the delimitation...

Sen. Orengo) : Sen. Orengo) :Mr. Speaker, Sir, sometimes you want to vote and you do not know whether that arrest has a link to what will happen in the House. That is why that tradition was very important. In England, in the 16th Century, a King went to the...

Mr. Speaker, Sir, sometimes you want to vote and you do not know whether that arrest has a link to what will happen in the House. That is why that tradition was very important. In England, in the 16th Century, a King went to the Chamber of the House of...

Order, Senators! This is very serious. Because of the gravity of the matter and what has been requested, I am suspending the House for 30 minutes, during which time I will use to find out what exactly has happened. I direct the Committee on National Security, Defence and Foreign Relations...

Hon. Senators, I want to confirm to the House that Sen. Linturi is here with us. He has been in my office and will be here in the next two minutes. I will give him an opportunity to say something. (Applause)

Mr. Speaker, Sir, when we elected you, there was an announcement by the Clerk to go and find a person with your name in the corridors. Maybe you should make a similar order for Sen. Linturi, so that he comes and we can proceed.

Sen. Linturi. April 28, 2021 SENATE DEBATES 6

(Sen. Linturi was applauded as he walked into the Chamber) Order, Members! I am a servant of this House and I go by the wishes of this House. We suspended the Sitting because one of us was missing. Now he is here; I will give him five minutes to tell...

Thank you, Mr. Speaker, Sir, for according me this opportunity to brief the House on what I have been doing since the House was suspended to give us an opportunity to go and read the Bill and the Report of the Committee and get back to this Chamber at 2.30...

I do not want to take more time because of the matter before us, but I thank you. I have been told to appear tomorrow at 9.00 a.m., and we have a Session tomorrow. I do not know, but you will guide us on how to go about it. I...

Sen. Wamatangi, proceed. We need to conclude this matter and proceed.

Sen. Orengo):My colleague, the Senate Majority Leader has spoken to many of the issues, almost clause by clause. Therefore, it may not be appropriate for me to take a similar trajectory and proceed by analyzing each and every clause. For purposes of seconding this Bill, I will make some observations...

Sen. Orengo) : Sen. Orengo) :got protected constituencies, which if you use a scientific process and the parameters set out in the Constitution, you find a county may lose two constituencies and they are quite a number in Central, Western, Nyanza, Makueni, Lamu and all over. If you use those...

Sen. Orengo) :[The Speaker (Hon. Lusaka) left the Chair] [The Deputy Speaker (Sen. (Prof.) Kamar) in the Chair]

April 28, 2021 SENATE DEBATES 19

That is a substantive provision in the Constitution. Parliament may amend. The President, county assembly or courts cannot. This provision in very clear words is not for cosmetic value that Parliament may consider and pass amendments to this Constitution.I will address you on this issue because I think it is...

My colleague, the Senate Majority Leader has spoken to many of the issues, almost clause by clause. Therefore, it may not be appropriate for me to take a similar trajectory and proceed by analyzing each and every clause. For purposes of seconding this Bill, I will make some observations both...

was told. It may be creating a parallel system of delimitation of constituencies; one, which is constitutionalized, and one, which can change at any one time.Again, if you look at that part of the Report, it is not left hanging; they tell you that the Committee and the suggestion of...

got protected constituencies, which if you use a scientific process and the parameters set out in the Constitution, you find a county may lose two constituencies and they are quite a number in Central, Western, Nyanza, Makueni, Lamu and all over. If you use those parameters strictly, Lamu would end...

one that if we commit to, and I cannot read the other enabling provisions in this Clause because it will take long, but if this can become a face of the country we call Kenya, which is fairer than we have had it, then we would have made big strides.Mr....

Sen. Orengo) : Sen. Orengo) :

Sen. Orengo):

Sen. Orengo

Sen. Orengo Thank you, Mr. Speaker, Sir. I would like to register my concern on the matter raised by Sen. Olekina. If you go, for instance, to my village, it is difficult to put a finger on a young person who has been recruited. You hear about the recruitment, you...

Thank you, Mr. Speaker, Sir, for giving me a chance to also add my voice to this important Statement. Mr. Speaker, Sir, allow me to condole with the people of Garissa County and the family of the late Sen. Yusuf Haji because I was not here yesterday when that Motion...

Sen. Nyamunga, proceed.

Thank you, Mr. Speaker, Sir. I would like to register my concern on the matter raised by Sen. Olekina. If you go, for instance, to my village, it is difficult to put a finger on a young person who has been recruited. You hear about the recruitment, you receive phone...

Opportunities are there, because they are now talking of recruiting 4000 people, whereas in a whole county, it would be difficult for you to point a finger to someone recruited in an honest manner. This is a problem that must be solved because many people, leaders included, have lost a...

Time is not on our side. This is a sensitive matter and very important. Unemployment is a real issue. Our youths are desperate and, therefore, easily manipulated. I agree that we have brokers. People have been hacking into peoples’ Facebook accounts and soliciting funds saying, ‘pay Kshs200, 000 or Kshs300,000,...

Sen. Orengo) :You know in some jurisdictions; the way we debate is very different. For them, sometimes you have to go with a written speech for five minutes. So, debate is not valued. However, in our system, we value debate. Like now I am on my feet, ordinarily; the standing...

You know in some jurisdictions; the way we debate is very different. For them, sometimes you have to go with a written speech for five minutes. So, debate is not valued. However, in our system, we value debate. Like now I am on my feet, ordinarily; the standing rule was...

Sen. Orengo) : Sen. Orengo) : Your sentiments have been noted. Since it falls within the administration, we will work on something that respects the dignity of honourable Members of Parliament (MPs) , both the Senate and National Assembly. I further want to reorganize the Order Paper. Just go to...

Sen. (Eng.) Maina, what is your point of intervention? POINT OF ORDER February 16, 2021 SENATE DEBATES 12 SUBJECTION OF MPS TO DEMEANING SECURITY PROCEDURES

Sen. Orengo) : Sen. Orengo) :Haji really fought hard and selflessly for Ijara to get a constituency, not just out of the love of his community only, but because they deserve it.Mr. Speaker, Sir, finally, in the spirit of Sen. Haji I would like to say that I am beginning...

Sen. Orengo) : Order, Senators! Let us consult in low tones. There seems to be a lot of excitement. You have missed one another, but you can express your excitement in other forms, so long as we also--- The Senate Minority Leader (Sen. Orengo) : Mr. Speaker, Sir, I hope...

Sen. Orengo) : Thank you, Mr. Speaker, Sir. Before I address myself to the substance of this Motion, allow me to remind this House in view of what Sen. Orengo has just said on the Floor in regards to the work that was done by the Senior Counsels. There are...

All those Bills are going to come back here. Some of them relate to financial statutes, which are required to be passed by the National Assembly essentially. However, since there were no consultations between you, Mr. Speaker, Sir, and the Speaker of the National Assembly, all those were rendered unconstitutional.Therefore,...

Thank you, Mr. Speaker, Sir. Before I address myself to the substance of this Motion, allow me to remind this House in view of what Sen. Orengo has just said on the Floor in regards to the work that was done by the Senior Counsels. There are two magical words...

Sen. Orengo) : Sen. Orengo) : Sen. (Dr.) Langat.