Johnson Arthur Sakaja

Sen. SakajaI thank Sen. Khaniri for bringing this Statement. I wish the entire leadership of the House was here. I can only see Sen. Orengo, the Senate Minority Leader. July 6, 2021 SENATE DEBATES 15 Sen. Sakaja relaxed and let our guard down yet the numbers are crazy. I agree...

Sen. Sakaja Thank you very much, Madam Temporary Speaker, for giving me this opportunity to speak on this very important subject. I sincerely congratulate Sen. Khaniri for having made this Statement on a matter national concern, and from time to time, drawing our attention to matters of national concern. One,...

Proceed, Sen. (Dr.) Ali.

Thank you, Madam Temporary Speaker. I also thank Sen. Khaniri for bringing this Statement. COVID-19 pandemic is real whether Kenyans want it or not. The reality is that Kenyans from the top to the bottom are not very serious. We are here talking about how serious this issue is, but...

Thank you very much, Madam Temporary Speaker, for giving me this opportunity to speak on this very important subject. I sincerely congratulate Sen. Khaniri for having made this Statement on a matter national concern, and from time to time, drawing our attention to matters of national concern. One, we are...

moving around the market place, going here and there in business as usual. That was a positivity rate of almost 30 per cent. Sometimes I wonder if the figures we are given are accurate. I think the situation may be worse than that. To me, the solution is to vaccinate...

Senator, your time is up. Sen. Murkomen, proceed.

Madam Temporary Speaker, I thank Sen. Khaniri for being consistent in bringing statements to this House. Not just on COVID-19 pandemic, as has been said by others, but on many other issues of topical importance to the people of Kenya. When the history of this House is written, he will...

defend a process of changing the Constitution, going to retreats to discuss succession of the outgoing President.Madam Temporary Speaker, the legacy of President Kenyatta, particularly during this pandemic period, should have been to ensure Kenyans are vaccinated, the country is free and open and that we will go to the...

Seneta Faki.

Asante, Bi. Spika wa Muda, kwa kunipa fursa hii kuchangia Taarifa ya Sen. Khaniri. Kwanza ninampongeza Sen. Khaniri kwa kuzungumzia hili swala nyeti katika nchi yetu ya Kenya kwa jumla. Janga la Virusi vya Korona lilipoingia, tuliona utepetevu upande wa Serikali, kuhusiana na jinsi ya kupambana nalo. Sisi kama Bunge...

Juzi nilisafiri kwenda Zanzibar. Kule hakuna kukaa mbali, kuvaa barakoa wala Virusi vya Korona. Watu wanaishi maisha yao kawaida.Ikiwa Serikali ingeweka mikakati thabiti janga hili halingekuwa nasi na watu wangeishi kama kawaida. Je, ni mikakati gani Serikali imeweka kuhakikisha kwamba wananchi wanalindwa?Kuongezea, huku kusuasua kwa Serikali wakati fedha nyingi zimeletwa...

Thank you, Senator. Sen. Muthama Kavindu, proceed.

Thank you, Madam Temporary Speaker, for the opportunity to contribute to this important Statement by the Senator for Vihiga County. We are in a mess because of COVID-19. So, something needs to be done about the political rallies where many people are gathering without wearing masks or maintaining social distance....

Sen. Sakaja Mr. Speaker, Sir, on a point of information.

Sen. Sakaja Mr. Speaker, Sir, I want to give information for the clarity of the House before making a contribution. What the Committee on Labour and Social Welfare did, we went to Nakuru and Sen. Mutula Kilonzo Jnr. has explained the factors of the issues surrounding the dumping of the...

Sen. Sakaja Mr. Speaker, Sir, it is a point of information and Sen. Mutula Kilonzo Jnr. has agreed to be informed. I am informing the House that what the Committee on Labour and Social Welfare recommended--- ((technical hitch) . We are still following up, so the process should be paused...

Sen. Sakaja

Sen. Sakaja Next Order.

Thank you, Sen. Sakaja. That marks the end of the Statements. Next Order. THE START-UP BILL (SENATE BILLS NO. 1 OF 2021)

Next Order. May 25, 2021 SENATE DEBATES 29 THANKS FOR THE ADDRESS TO PARLIAMENT BY THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA

Sen. Sakaja

Sen. Sakaja Thank you, Mr. Speaker, Sir. I rise to make a statement as the Chairperson of the Standing Committee on Labour and Social Welfare pursuant to Standing Order 51 (1) (a) . This is a tribute to a celebrated fallen rugby legend; the late Benjamin Ayimba. I begin by...

Sen. Sakaja Mr. Speaker, Sir, I would like to inform Sen. Cherargei that part of the plans that we are pushing for is to have the new rugby complex that is being done along Ngong Road named after the late Benjamin Ayimba. It is also a coincidence that on the...

Sen. Sakaja Mr. Speaker, Sir, someone messed it. As the host Senator, I am really disappointed that someone has messed my card. It just says the card number, yet everyone else’s gives their names. I hope that the clerks will sort that out. I support this Motion that alters the...

Sen. SakajaWe have gone to various other counties such as Samburu, Isiolo and Tana River where many of the members of the public, because of the nature of this conflict and the feeling that the Government has focused more on animals than on them, they have a very negative view...

Sen. Sakaja Thank you, Mr. Speaker, Sir. I rise to make a statement as the Chairperson of the Standing Committee on Labour and Social Welfare pursuant to Standing Order 51 (1) (a) . This is a tribute to a celebrated fallen rugby legend; the late Benjamin Ayimba. I begin by...

Sen. Sakaja Mr. Speaker, Sir, I would like to inform Sen. Cherargei that part of the plans that we are pushing for is to have the new rugby complex that is being done along Ngong Road named after the late Benjamin Ayimba. It is also a coincidence that on the...

Sen. Sakaja Mr. Speaker, Sir, someone messed it. As the host Senator, I am really disappointed that someone has messed my card. It just says the card number, yet everyone else’s gives their names. I hope that the clerks will sort that out. I support this Motion that alters the...

Sen. SakajaWe have gone to various other counties such as Samburu, Isiolo and Tana River where many of the members of the public, because of the nature of this conflict and the feeling that the Government has focused more on animals than on them, they have a very negative view...

Sen. Sakajawhen they come to these offices, the Senate of the Republic and other institutions to seek what is right to be theirs.The Bill of Rights creates and is one of the core parts of our Constitution, what we call basic structure. That is the real basic structure and not...

Hon. Senators, for those of us who would wish to contribute to this petition, kindly limit your contributions to three minutes because we have a list of Members who would wish to contribute.

Mhe. Naibu Spika wa Muda, kwanza kabisa nachukua fursa hii kukushukuru kwa kunipa fursa ya kuchangia ombi hili ambalo limeletwa na Maolo Kiprotich kuhusiana na kuhamishwa na kupokonywa ardhi kwa jamii ya Torobeek ambayo iko katika maeneo ya Nandi. Jambo hili ni dhuluma za kihistoria ambazo zimefanywa na Waingereza, sio...

Sen. SakajaNairobi which will actually help in future but it does not make sense because there is nothing that is left in their pocket at the end of the day.Many a times we would say when it goes up by Kshs2 you will not feel it. However, even I have...

Hon. Senators, I therefore, refer the Statement, pursuant to Standing Order No. 47 (1) , and subject to 47 (3) , to the relevant committee. The relevant committee is the Committee on Energy. The Committee should report to the House in the next two weeks. ADJOURNMENT May 18, 2021 SENATE...

Sen. Sakaja Mr. Speaker, Sir, it is my card. This is a very important matter. Initially when Sen. Faki started speaking about it, I asked myself whether Sen. Outa’s Committee on National Security, Defence and Foreign Relations will be tasked to look into this. Mr. Speaker, Sir, we must be...

Sen. Sakaja Mr. Speaker, Sir, while I appreciate the invitation that Sen. Cherargei is inviting us to participate in the OGP, I would like to inform Sen. Cherargei that we are the ones who started OGP, the open Parliament working group. That was before he was lucky to come to...

Sen. Sakaja Asante, Bi. Spika wa Muda. Sikuwa nimepanga kuzungumza kwa Lugha ya Kiswahili lakini kama Sen. Cheruiyot anaweza kuzungumza Kiswahili, hakuna yule ambaye hawezi. Bi. Spika wa Muda, wajua katika taifa letu tuko na wale ambao ni Nilotes, Bantus na Cushites. Wale ambao wametoka katika ukoo wa Nilotes wakizungumza...

Sen. Sakaja Thank you, Madam Temporary Speaker. I want to thank the Serjeant-at-Arms for sanitizing the Dispatch Box. We still remember that we are living in times of COVID-19. Madam Temporary Speaker, I am honoured to have this opportunity to second the Mental Health (Amendment) Bill, 2020 that has been...

Sen. Sakaja Hoja ya Nidhamu, Bw. Spika.

Sen. Sakaja Bw. Spika, Bunge la Seneti liko na Kanuni na kuchanganywa sio hoja. Kanuni zetu zinasema wazi kwamba kama yule ambaye anazungumza amekiuka Kanuni za Seneti, yule ambaye anajaribu kumkosoa lazima aseme ni kipengee kipi ambacho amekiuka. Isiwe sababu haukubaliani na msimamo wa Seneta fulani, unaleta hoja la mjadala....

Sen. Sakaja Mr. Speaker, Sir, on behalf of the good and patriotic people of Busia County and Kenya generally, taking into account the wise decision of our own Joint Committee, which having considered the Constitution of Kenya (Amendment) Bill, 2020 and submissions received thereon, recommended that we should pass the...

Sen. Sakaja I am not muted. I do not know what is happening, but I vote yes. The Clerk-at-the Table: Sen. Iman Malachy Charles Ekal?

Sen. Sakaja Thank you, Madam Deputy Speaker. I do not know whether Sen. Wamatangi mentioned this but as Whips, we owe to our colleagues who are in Nairobi, those who are out of the county and out of Nairobi a hand for listening to us. Nobody pushed you and all...

Sen. Sakaja Thank you, Mr. Speaker, Sir. I have a problem with my card. Allow me to join colleagues in welcoming this cohort of interns to the Senate of the Republic of Kenya. As Sen. Mutula Kilonzo Jr. and other colleagues have said, I encourage them to never despise humble...

Sen. Sakaja Mr. Speaker, Sir, I know that we are cautious of COVID-19, as we should be, but my good Chairperson, Sen. Omogeni, is doing us a great disservice. We love hearing his contribution, but when he wears five masks, he is muffled and we cannot hear his voice. (Laughter)

Sen. Sakaja

Sen. Sakaja

Sen. Sakaja I do not know if we have something called ‘points of argument’ nowadays. Continue.

Sen. Sakaja Mr. Speaker, Sir, I am attending virtually.

Sen. Sakaja Thank you, Mr. Speaker, Sir. Before I start--- (Loud consultations)

Sen. Sakaja Thank you, Mr. Speaker, Sir. I will ask the team to add the volume because I cannot hear. (Sen. Poghisio consulted with the Speaker) The Senate Majority is taking your attention. Before I proceed, I will need it. Yesterday, I made a request on the issue of time....

Sen. Sakaja Mr. Speaker, Sir, from the onset, this first amendment that we are considering today is a historic moment for our country. The manner in which we process this as a House, the HANSARD of these deliberations, the reports of the Committee and the discussions in the public participation...

Sen. Sakaja Mr. Speaker, Sir, I am glad that my Chairperson is here. One thing that we were emphatic about in the Committee was the issue of the Bill. There is one Constitution of Kenya (Amendment) Bill. There were no two Bills. What we found was that there were copies...

Sen. Sakaja Mr. Speaker, Sir, I am in order to give my opinion and not just that, the emphatic resolution of the Joint Committee, and Sen. Omogeni can confirm this. The Joint Committee resolved, including at the Press Conference, that there is one Bill. April 29, 2021 SENATE DEBATES 9...

Sen. Sakaja Mr. Speaker, Sir, if Members are patient---

Sen. Sakaja Mr. Speaker, Sir, I am very clear.

Sen. Sakaja Mr. Speaker, Sir, I am discussing the Bill and giving my opinion which has also been expressed in a Minority Report. There is no Majority Report that was moved. That is not lost upon us, but I expressed my views on the Bill in a Minority Report that...

Sen. Sakaja Mr. Speaker, Sir, I will gladly do so, and I would like Sen. Linturi to listen carefully. If you look at Article 257 of the Constitution, all the processes, from the setting up of a BBI Secretariat to the gazetting of a taskforce, meeting in Bomas of Kenya,...

Sen. Sakaja Mr. Speaker, Sir, kindly, let me finish. I challenge anyone to show me where there is a legal requirement before the publishing of a draft Bill by a promoter of a popular initiative to have conducted public participation.

Sen. Sakaja On a point of order, Mr. Speaker, Sir! I am very happy that the Co- Chairperson of the Committee has not shown me any provision that demands for a sponsor of a public initiative before publishing the Bill to conduct public participation. He is talking about the principles...

Sen. Sakaja Mr. Speaker, Sir, that is why county assemblies conducted public participation on a document presented by Kenyans. However, to say that for Kenyans, before they presented a document, to have conducted public participation, any ordinary Kenyan can exercise their sovereignty in Article one and propose a popular initiative....

Sen. Sakaja Mr. Speaker, Sir, I beseech you to also hold my time because there have been almost 20 points of order and I have not even gone halfway.

Sen. Sakaja Mr. Chairman, Sir, of course, I disagree with that and it is not a sectarian view. I was going to give even Bungoma County. The word delimitation is not based on anyone’s opinion. It is an English word and it is used in geospatial science. It is a...

Sen. Sakaja Mr. Speaker, Sir, the point I am making is that the actual delimitation where you will go, listen to people’s arguments--- Even in the last Constitution, they said that 29 constituencies ---

Sen. Sakaja Mr. Speaker, Sir, they cannot even allow me to finish a sentence.

Sen. Sakaja

Sen. Sakajathreshold required in the Constitution cannot do a popular initiative to ask for one more constituencies in Kisii County. They will have to ask for constituencies be increased by a certain number and where they should be put. On that one, I disagree, even if I am alone.We cannot...

On a point of order, Mr. Speaker, Sir. I support this Bill, and that is what I said. However, it is always wrong to make factual misstatements. In fact, if you go and argue today that this is what the law says and you appear before the courts and argue...

On a point of information, Mr. Speaker, Sir. Sen. Sakaja Sen. Wetangula is even invoking your relationship for you to listen to his information. April 29, 2021 SENATE DEBATES 19

Sen. Wetangula is even invoking your relationship for you to listen to his information. Sen. Sakaja Mr. Speaker, Sir, many times you interrupt me even in the middle of a sentence. Can you just allow for flow of information, for me to finish a paragraph and let him to come...

On a point of information, Mr. Speaker, Sir. My distinguished nephew, the Senator for Nairobi City County, is making very cogent, but extremely faulty arguments. The issue I want to inform him is this in delimiting and creating additional constituencies, whether the people of Marsabit, Mandera, or Kitui counties qualify...

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

Order, Sen. Sakaja! I am going to allow you, but avoid situations that will attract so many points of order. You are attracting these things yourself and when they ask, I cannot deny them. Proceed. Sen. Sakaja Mr. Speaker, Sir, I am making my point. I have a track record...

On a point of order, Mr. Speaker, Sir. April 29, 2021 SENATE DEBATES 21

Sen. Sakaja Mr. Speaker, Sir, I had earlier on requested that I rise on a point of order because this is a House of record. When I walked in, the Senator for Kitui, Sen. Wambua, was on the Floor and he put it emphatically on record that as far as...

Sen. Sakaja

Sen. Sakaja

Sen. Sakaja: Thank you, Mr. Speaker, Sir, I beg to move the following Motion- That, notwithstanding the provisions of the Standing Order No. 106 (4) , pursuant to Standing Order No. 106 (1) , the Senate resolves that each Senator shall be limited to speak for not more than 10...

Okay. He has raised a pregnant point. Let us observe social distancing. This thing is real and you have heard our colleagues talk about it. You heard Sen. Wako and Hon. Murungi had very moving stories about it. It can attack anyone of us. Let us be careful. We have...

Thank you, Mr. Speaker, Sir, I beg to move the following Motion- That, notwithstanding the provisions of the Standing Order No. 106 (4) , pursuant to Standing Order No. 106 (1) , the Senate resolves that each Senator shall be limited to speak for not more than 10 minutes on...

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

What is your point of order?

Mr. Speaker, Sir, before Sen. Farhiya moved that Motion, you had already made a Communication that each Senator has 20 minutes.

It was 10 minutes.

Sorry for that. When you attend the sitting virtually, you sometimes miss some communication. You made a Communication giving each Senator 10 minutes and she has moved a Motion requesting for 10 minutes. I have a problem with that. This is a once in a lifetime opportunity for us to...

Let her have a Seconder.

Sen. Sakaja

Sen. Sakaja

Sen. Sakaja

Sen. Sakaja

Sen. Sakaja Proceed, Sen. Naomi Shiyonga.

Sen. Sakaja There is a point of order from Sen. (Dr.) Langat on the Zoom platform. While we wait for him to get through, let us hear a point of order from Sen. Orengo. The Senate Minority Leader (Sen. Orengo) : Madam Deputy Speaker, I have just heard the distinguished...

Thank you, Madam Deputy Speaker. First, I started by giving the first answer to the questions being asked by Sen. Wetangula in that there was a finding, and I am answering both Sen. Wamatangi and Sen. Wetangula that once the Committee made a finding that this is a popular initiative...

Sen. Sakaja

Sen. Sakaja Thank you, Madam Deputy Speaker. When we are back, we will debate those things further, but we still have a lot of work to do. I hope that during this time of the Coronavirus Disease (COVID-19) , we can still be able to be accountable and play our...

Senator, because you are long distance I will give you thirty seconds. Sen. Sakaja Is the time less in long distance?

The approved time is five minutes. Sen. Sakaja Thank you, Madam Deputy Speaker. When we are back, we will debate those things further, but we still have a lot of work to do. I hope that during this time of the Coronavirus Disease (COVID-19) , we can still be able...

Thank you, Senator. Travel safe. Sen. (Prof.) Ongeri, while Sen. (Eng.) Maina prepares on Zoom.