Samson Kiprotich Cherargei

Sen. Cherargei Mr. Deputy Speaker, Sir, I rise to support this Division of Revenue Bill with amendments. I agree that the counties need more money. The Kshs310 billion that was proposed was too little for the counties. Therefore, we need Kshs335 billion. We need more money to go to the...

Sen. Cherargei Thank you, Mr. Deputy Speaker, Sir. I also join you in welcoming students from Isiolo County and wish them well. I am also made to understand that St. Theresa‟s Tartar Girls‟ High School students were here. My elder sister, Madam Consolata, is the Principal of that school in...

Sen. Cherargei Thank you, Madam Temporary Speaker. I congratulate Sen. Mwaruma on that issue of compensation. My colleagues have delved so much and talked about Article 40 of the Constitution on Protection of Right to Property. In fact, Article 40 (3) (b) says when there is a compensation by Government:-...

Sen. Cherargeigeneral Standing Orders and other instruments that had been supplied by the authorities. They were very well organized, and I want to recognize that.I also wish to welcome the students‟ delegations from the three counties, with a special mention of Starehe Boys Centre. I mention Starehe Boys Centre because...

Sen. Cherargei

Sen. Cherargei Sen. Wetangula, you may have the Floor. (Sen. Wetangula was not in the Chamber) Sen. Cheruiyot, proceed. (Sen. Cheruiyot was not in the Chamber) Sen. (Prof.) Ongeri, proceed. (Sen. (Prof.) Ongeri was not in the Chamber) April 9, 2019 SENATE DEBATES 37 Sen. Cherargei I congratulate Hon. Mawathe...

Mr. Temporary Speaker, Sir, thank you for the opportunity to comment on the Presidential Address and also thank the President for taking time to tell Kenyans what he, as the Head of State and Government, has done. I had an opportunity to keenly listen to the President on various issues...

During his Address, the President mentioned various projects that the Jubilee Government has completed. At that point, I asked myself if those who prepare the Speech for the President really verify some of the things they say have been done. I heard the President making reference to a road from...

April 9, 2019 SENATE DEBATES 42

will never happen to anyone else in this world. There is no winner takes it all. In fact, as we speak, President Kagame has only 50 per cent of people from his political party in Government. The other 50 per cent is from the Opposition.There are a few things that...

April 9, 2019 SENATE DEBATES 43

scheme in Tana River and other areas where we have seen money for major dams squandered away? I sometimes wonder when people make noise. On one hand, you are asking the President to reign in on corrupt people, while in the next move you create obstacles for the President to...

I will not stop without talking about the Building Bridges Initiative. This is a God-sent initiative. This country was going to the dogs; there was animosity, chaos, misunderstanding and political order was nowhere. Therefore, the handshake between President Uhuru Kenyatta and Rt. Hon. Raila Amollo Odinga was God sent. However,...

Thank you, Mr. Temporary Speaker, Sir. Finally, I am able to speak. I stand to make my comments known with regards to the speech made by the President during the State of the Nation Address. I was not privileged to be present when it was made but I followed it...

because they were passed by the Council of Ministers. I am now waiting for the Heads of States Summit in January. This was also a noble calling and I am glad to also say that Kenya has been at the forefront in this regard. We truly occupy a space at...

April 9, 2019 SENATE DEBATES 47

Sen. Cherargei Thank you, Mr. Speaker, Sir. I commend the Chairperson of the Committee on Finance, Commerce and Budget for the timely provision of ensuring that we get real time updates on the spending of counties. We have problems when we try to question the current governors for relying on...

Sen. Cherargei

Sen. Cherargei Mr. Speaker, Sir, I would like to commend Sen. (Dr.) Ali for that Statement. We know that food security is one of the Big Four Agenda--- (Loud Consultations) The Speaker (Hon. Lusaka) Hon. Senators, kindly consult in low tones. Sen. Cherargei Mr. Speaker, Sir, food security is one...

Sen. Cherargei On a point of order, Mr. Speaker, Sir. The Speaker (Hon. Lusaka) Sen. Cherargei, what is your point of order? Sen. Cherargei Mr. Speaker, Sir, I concur with Sen. (Eng.) Mahamud on his observation because today, coming to the House was a problem. The military personnel have blockaded...

Sen. Cherargei From the outset, Mr. Deputy Speaker, Sir, I support this Report by the Joint Committee of Parliament, and wish Mr. Hillary Mutyambai all the best. I also celebrate the outgoing IG of Police, Mr. Joseph Boinett. He was a quiet man with a few words, but very effective....

Sen. Cherargei What I mean, Mr. Deputy Speaker, Sir, is that Nandi is your second home. Sen. (Dr.) Kabaka should go to church more often so that when some of these things are mentioned, he does not become so evil as to imagine his own things. As I conclude, Mr....

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

Sen. Cherargei Mr. Deputy Speaker, Sir, I do not like interrupting Sen. (Prof.) Ekal, because he is a learned person. However, he should not cast aspersions by saying that the outgoing IG of Police, Mr. Joseph Boinett, treated some people differently simply because of his judgment on phone calls and...

Sen. Cherargei Thank you, Mr. Speaker, Sir. I want to commend Sen. Sakaja for this important Statement. The Committee on Justice, Legal Affairs and Human Rights and the Committee on Devolution and Intergovernmental Relations have been looking at some of the amendments. The court did pronounce itself on how deputy...

Sen. Cherargei On a point of information, Mr. Speaker, Sir. The Speaker (Hon. Lusaka) What is your point of information, Sen. Cherargei? Sen. Cherargei Mr. Speaker, Sir, I am trying to inform---. The Speaker (Hon. Lusaka) Are you informing or you are trying to inform? You have to be clear....

Sen. Cherargei On a point of order, Mr. Speaker, Sir. The Speaker (Hon. Lusaka) What is your point of order, Sen. Cherargei? Sen. Cherargei Mr. Speaker, Sir, one of the sources of law is court decisions and judgments which is used to grow legal jurisprudence. Sen. Kang’ata is my senior...

Sen. Cherargei Thank you, Madam Temporary Speaker, for this opportunity. I commend the Committee on Finance and Budget, through its Chair, for the wonderful work. I can see that they started in November 2018 and now we have a good Report. Madam Temporary Speaker, I have read their recommendations, which...

Sen. Cherargei Madam Temporary Speaker, I am not ready to move because I did not travel. The Members who travelled are not in the House to second. I request that you defer it to a later date.

Sen. Cherargei

Sen. Cherargei

Sen. Cherargei

Sen. CherargeiClause 8The Temporary Chairperson (Sen. Nyamunga): The Mover to move to proceed and move the amendment. Sen. Cherargei Thank you Madam Temporary Chairperson. I beg to move:- THAT, Clause 8 of the Bill be amended in sub-clause (4) by inserting the words “including information on the purpose, dates and...

Sen. Cherargei Madam Temporary Chairperson, if you ask him to read the amendment to Clause 8 word for word, you will see what I am talking about. The Temporary Chairperson (Sen. Nyamunga) : Just approach the Chair again. I think there is just a confusion. (Sen. Mutula Kilonzo Jnr. approached...

Sen. Cherargei Thank you, Madam Temporary Chairperson. I beg to move:- THAT, Clause 8 of the Bill be amended in sub-clause (4) by inserting the following new paragraph immediately after paragraph (b) . (ba) particulars of persons or organizations that have taken part in any public participation exercise conducted by...

There is a further amendment proposed by Sen. Were.Sen. Mutula Kilonzo Jnr.

Madam Temporary Chairperson, your direction on this matter is critical. I thought that the amendments I was reading on behalf of Sen. Were are the ones in the Order Paper and the further amendments would be read by the Chairperson of the Committee on Legal Affairs and Human Rights. However,...

Sen. Cherargei

Sen. Cherargei

Sen. Cherargei Madam Temporary Chairperson, I beg to move:- THAT, Clause 2 of the Bill be amended in the proposed new section 8 by inserting the following new subsection immediately after subsection (1) - (1A) The memorandum submitted under subsection (1) shall include the same information specified under section 7.

Sen. Cherargei Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. March 27, 2019 SENATE DEBATES 49 Sen. Cherargei Who is the Seconder? You are not on record.

Sen. Cherargei On a point of order, Madam Temporary Speaker. The Bill has to be moved appropriately at the beginning, so that it is contextualised properly in the House.

Sen. Cherargei Thank you, Madam Temporary Speaker. In the interest of time, because I can see we are only remaining with seven minutes, I will quickly second this Bill. This Bill is informed by Article 1 of the Constitution which provides that the sovereign power belongs to the people. Through...

Sen. Cherargei

Sen. Cherargei

Sen. Cherargei 30 p.m. time to interrupt the business of the House. The Senate, therefore, stands adjourned until tomorrow, Thursday 28th March 2019 at 2:30 p.m. The Senate rose at 6:30 p.m.

The Division will be at the end. Clause 1 (Question, that Clause 1 be part of the Bill, proposed) The Temporary Chairperson (

The Division will be at the end. Proceed, Mover.

Thank you, Madam Temporary Chairperson. Pursuant to Standing Order No.139, I beg to move that the Committee do report progress of its consideration of The Public Participation Bill (Senate Bills No.4 of 2018) and seek leave to sit again tomorrow. (Question proposed) March 27, 2019 SENATE DEBATES 53 PROGRESS REPORTED...

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole House has considered The Public Participation Bill (Senate Bills No.4 of 2018) and seeks leave to sit again tomorrow. The Temporary Speaker (Sen. Pareno) Proceed, Mover.

Madam Temporary Speaker, I beg to move that the House doth agree with the Chair on the said report. I request Sen. Samson Cherargei to second the Motion. Sen. Cherargei I second. (Question proposed) (Question put and agreed to) (Applause) The Temporary Speaker (Sen. Pareno) Next Order. Order, Senators, I...

Madam Temporary Chairperson, pursuant to Standing Order No.148, I beg to move that the Committee do report progress on its consideration of The Petition to County Assemblies (Procedure) Bill (Senate Bills No.22 of 2018) and seek leave to sit again tomorrow. (Question proposed) (Question put and agreed to) (The Temporary...

Hon. Senators, we are still in the Committee of the Whole. Therefore we will move to the next Bill, which is, The Treaty Making and Ratification (Amendment) Bill (Senate Bills No.23 of 2018) . THE TREATY MAKING AND RATIFICATION (AMENDMENT) BILL (SENATE BILLS NO.23 OF 2018) Sen. Cherargei Madam Temporary...

The Division will be at the end. Clauses 3, 4 and 5(Question, that Clauses 3, 4 and 5 be part of the Bill, proposed) The Temporary Chairperson (

The Division will be at the end. New Clause 1A Sen. Cherargei Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after clause 1- 1A. Section 3 of the principal Act is amended in subsection (2) by inserting the following...

The Division will be at the end. New Clause 4A Sen. Cherargei Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after clause 4- 4A.Section 10 of the principal Act is amended by inserting the following new subsection Amendment of...

Madam Temporary Chairperson, pursuant to Standing Order No. 148, I beg to move that the Committee do report progress on it is consideration of the Treaty Making and Ratification (Amendment) Bill (Senate Bills No. 23 of 2018) and seeks leave to sit again tomorrow. Sen. Pareno seconded. (Question proposed) (Question...

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole has considered the Petition to County Assemblies (Procedure) Bill (Senate Bills No. 22 of 2018) and seeks leave to sit again tomorrow. Sen. Olekina seconded. The Temporary Speaker (Sen. Pareno) Could we hear from the Mover.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I request Sen. Malalah to second.

I second. (Question proposed) (Question put and agreed to) The Temporary Speaker (Sen. Pareno) We now to report progress on The Treaty Making and Ratification (Amendment) Bill (Senate Bills No.23 of 2018) PROGRESS REPORTED THE TREATY MAKING AND RATIFICATION (AMENDMENT) BILL (SENATE BILLS NO.23 OF 2018)

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered The Treaty Making and Ratification (Amendment) Bill (Senate Bills No.23 of 2018) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, pursuant to Standing Order No. 148, I beg to move that the Committee do report progress on its consideration of The Treaty Making and Ratification (Amendment) Bill (Senate Bills No.23 of 2018) and seek leave to sit again tomorrow. The Temporary Speaker (Sen. Pareno) Sen. (Dr.)...

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. March 27, 2019 SENATE DEBATES 60 The Temporary Speaker (Sen. Pareno) Who is the Seconder? You are not on record.

Madam Temporary Speaker, I ask Sen. (Rev.) Waqo to second.

I second. (Question proposed) (Question put and agreed to) Next Order! THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE BILLS NO.31 OF 2018) The Temporary Speaker (Sen. Pareno) Sen. (Dr.) Milgo submitted last on this one. So, she may proceed.

Thank you, Madam Temporary Speaker. I thank Sen. (Dr.) Zani for bringing this Bill. I spoke to a number of issues yesterday. I agree with Clause 13 (3) on election of five people to oversee the benefit sharing forum. It states that- “The members of a local community benefit sharing...

Madam Temporary Speaker, I beg to reply. I wish to thank all the Senators who contributed to this Bill. From the contributions they made, they came up with very many insights and new ideas that continue to enrich the Bill. It starts right from the issue of the Commission on...

Thank you, Madam Temporary Speaker, for this opportunity. The purpose of this Bill is to give effect to the oversight role of the Senator, as enumerated by Article 96 (1) and (3) of the Constitution. Through enhancing public participation---

On a point of order, Madam Temporary Speaker. The Bill has to be moved appropriately at the beginning, so that it is contextualised properly in the House. The Temporary Speaker (Sen. Pareno) Kindly, do the necessary, Sen. Olekina.

Madam Temporary Speaker, I beg to move that The County Oversight and Accountability Bill (Senate Bills No. 28 of 2018) be now read a Second Time. This Bill is divided into four parts. Part I of the Bill sets out the preliminary issues, including definition of various terms used, and...

March 27, 2019 SENATE DEBATES 63

assets. I know in other jurisdictions, you will find that governments will go and speak to the people in town halls and discuss their issues.When we politicians go and meet people in our county governments, we do not have a defined place for public participation. We talk to them under...

Thank you, Madam Temporary Speaker. In the interest of time, because I can see we are only remaining with seven minutes, I will quickly second this Bill. This Bill is informed by Article 1 of the Constitution which provides that the sovereign power belongs to the people. Through public participation,...

provides mechanisms in which county governments will be mandated to come up with facilities in which public participation will be undertaken.We need facilities and a conducive arena for carrying out public participation which is equipped with HANSARD equipment and a public address system. We have seen places whereby we do...

Madam Temporary Speaker, we need to establish a channel in which there is a connection between the Senator and the CEC’s because as we speak right now, a Senator cannot go to a CEC and demand for documents; a Senator cannot constitute a committee that oversights the CEC for Finance...

Thank you Madam Temporary Speaker for giving me this opportunity. This a very important Bill because it deals with implementation of projects - -- The Temporary Speaker (Sen. Pareno) Order, Sen. Mwangi, you will have a balance of 19 minutes when debate on this Bill resumes. ADJOURNMENT

30 p.m. time to interrupt the business of the House. The Senate, therefore, stands adjourned until tomorrow, Thursday 28th March 2019 at 2:30 p.m. The Senate rose at 6:30 p.m. March 27, 2019 SENATE DEBATES 66

Sen. Cherargei Thank you, Mr. Speaker, Sir, for that communication. My only concern is that the Senate directed that the issuance of Huduma numbers should be suspended. I have been made aware that the Ministry and all necessary organs proceeded to ignore the direction of the House. We need guidance...

Sen. Cherargei(Question, that the National Assembly amendments to Clauses 2, 5, 6, 16, 21 and 23 beapproved put and the Senate proceeded to vote by County Delegations) Hon. Senators, you can log in and start voting.

Sen. Cherargei(Applause) DIVISION ELECTRONIC VOTING NOES: Nil. AYES: 30 NOES: Nil. ABSTENTIONS: Nil

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the National Assembly amendments to the Assumption of Office of the County Governor Bills (Senate Bills No.1 of 2018) and its approval of the National Assembly Amendments to Clauses 5, 6, 16,...

Sen. Cherargei

Sen. Cherargei

Sen. Cherargei

Sen. Cherargei That is very candid contribution. However, Sen. (Dr.) Musuruve always has a way to make the “S” before the “speaker”. She says Madam Temporary “Speaker” instead of Madam Temporary Speaker.

Sen. Cherargei On a point of order, Mr. Speaker, Sir. The Speaker (Hon. Lusaka) What is your point of order, Sen. Cherargei? Sen. Cherargei Mr. Speaker, Sir, I do not intend to challenge your ruling. However, this is an issue of employment and I thought the Committee on Labour and...

Sen. Cherargei On a point of order, Mr. Speaker, Sir. The Speaker (Hon. Lusaka) What is your point of intervention, Sen. Cherargei? Sen. Cherargei Mr. Speaker, Sir, you have not ruled on the point of order raised by Sen. Madzayo. However, I would like to draw the attention of my...

Sen. Cherargei Thank you, Mr. Speaker, Sir. The point I am making is that this is a matter that should be taken seriously by this House. Already, what should worry us is that out of the 50 doctors that were sent, we have just lost one life but we have...

Thank you, Mr. Speaker, Sir. The point I am making is that this is a matter that should be taken seriously by this House. Already, what should worry us is that out of the 50 doctors that were sent, we have just lost one life but we have 49. We...

Sen. Cherargei

Sen. Cherargei

Sen. Cherargei

Sen. Cherargei

Sen. Cherargei