Aaron Kipkirui Cheruiyot

Sen. Cheruiyot Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No.57 (1) , I hereby present the business of the Senate for the week commencing Tuesday, 7th March, 2023. Mr. Speaker Sir, the status of legislative business is beginning to get heavy. There are 13 Bills, which are at...

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

Sen. Cheruiyot Mr. Speaker, Sir, thank you for your indulgence. I humbly plead that you help us rearrange the Order Paper because before us we have a Motion which has a statutory deadline. If we do not consider the Motion on the approval of the Non-Member Commissioner to PSC by...

Sen. Cheruiyot Thank you, Mr. Speaker, Sir. I rise to support the Motion that has been brought by the Committee on Justice, Legal Affairs and Human Rights, requesting us, as a House, to approve the nomination, after successful interview of Hon. Johnson Nduya Muthama, by the Parliamentary Service Commission itself....

Sen. Cheruiyot Thank you, Mr. Speaker, Sir, for this chance to welcome the guests from Makueni County Assembly and the Gambian Parliament. Gambia is a key country to Kenya although it is in the western part of Africa. It is a country that we can learn a lot from, and...

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot Mr. Deputy Speaker, Sir, it is not on this Statement, per se but on the comments by the Majority Whip, Sen. (Dr.) Khalwale. The Standing Order No.104 says; A Senator who wishes to speak on any matter in which the Senator has pecuniary or proprietary interest shall first...

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Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyotto move from one county to another and timely payment of salaries. This is unlike our doctors. I was just drawing a parallel.I wish to challenge Sen. Mandago, whom I agree with on most of the things he said. When doctors transfer from one county to another, this is...

Thank you, the Senate Majority Leader. All Statements that came under Standing Order No.53 (1) stand committed to their respective Standing Committees of the Senate. (Statements referred to respective Standing Committees) Next order. Is the Mover of the Bill, Sen. M. Kajwang’ around? He is not around. So, we will...

Mr. Deputy Speaker, Sir, I want to thank you for giving me the opportunity to move this Bill and have it read for the Second Reading. The Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No.5 of 2022) seeks in the memorandum of that Bill, to achieve certain goals. Just...

Sen. Mungatana, you start by stating that you seek to move that the Bill be read a Second Time.

Sen. Cheruiyot Mr. Deputy Speaker Sir, thank you for giving me this chance. I join the rest of my colleagues in welcoming the students who are here today. Sen. Okenyuri has captured it quite well by reminding them that many of the leaders that you see here, chances are that...

Sen. Cheruiyot Thank you, Mr. Deputy Speaker, Sir. I, first, thank the Senate Majority Leader, Sen. Cheruiyot, for magnanimously agreeing to have a discussion between him and me with the intention of trying to calm the tension that we have had in the House this afternoon. Leadership is not easy....

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

Sen. Cheruiyot Thank you, Mr. Deputy Speaker, Sir. I was trying to rise on a point of order. (Loud consultations)

Sen. Madzayo, I request you to refrain from that cross-exchange. Sen. Cheruiyot In fact, I intend to be very brief.

I am happy. Today, I want us to debate like hon. Senators. Hammer you points properly and sit down; another Senator will come and take over. Sen. Cheruiyot Thank you. That is what I intend to do. I am sure he will have his opportunity to say what he thinks...

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot Mr. Deputy Speaker, Sir, I listened to him for a cool 20 minutes. I listened to you for a cool 20 minutes. (Loud consultation) (Loud consultations)

Sen. Oketch Gicheru, kindly resume you seat. Senate Majority Leader, please, proceed. February 16, 2023 SENATE DEBATES 5 Sen. Cheruiyot Mr. Deputy Speaker, Sir, I hope that I can be heard in silence because when they were speaking, I kept quiet. When they were speaking, I was quite (Loud consultations)

Sen. CheruiyotOkay it can be even last year. (Loud consultation)

Senate Majority Leader, stop exchanging across the aisle. Sen. Cheruiyot Mr. Deputy Speaker, Sir, I will keep my cool. I am surprised that there are people who have never even spoken in this House yet they want to be the loudest. Can you say something substantive? You cannot be known...

Sen. Cheruiyot

Sen. Cheruiyot) : Sen. Cheruiyot) : You are dwelling on what I should give, he asked me a question and I will answer it right away.

Sen. CheruiyotThis House is the last frontier for free speech. I have a lot of respect for the Chair. I do not expect the Chair to gag us. I have a lot of respect for the Chair as an institution and the gentleman sitting on the Chair. This is the...

Sen. Cheruiyot Mr. Deputy Speaker, Sir, it cannot be ---

Sen. Cheruiyot Ai, kwani unatisha nani wewe? Peleka huko. Kwenda kabisa. (Loud consultations)

No point of Order. Nothing is out of Order, Sen. Osotsi. Sen. Cheruiyot Mr. Deputy Speaker, Sir, it cannot be that every time when other leaders are speaking, you want to be the one that is shouting. February 16, 2023 SENATE DEBATES 16 Sen. Cheruiyot Hon. Senators, wait. So, why...

On a point of Order. Sen. Cheruiyot There is nothing to be excited about being elected. For your information, I have been elected three times. I did not have to try six times like you before coming to this House. (Sen. Sifuna spoke off record)

Majority Leader, kindly, have your cool also. (Loud consultations) Sen. Cheruiyot Mr. Deputy Speaker, Sir, point of order.

Sen. Cheruiyot Mr. Deputy Speaker, Sir, on a point of order. (Loud consultations) The Senate Majority Leader, definitely I am very well versed with these Standing Orders. The Senate Minority Leader (

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Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot Sen. Cherarkey, just hold. Sen. Oketch Gicheru, the Chair has listened to your point of order. The Chair is consulting and a ruling will be made. Why can you not be patient and have decorum in the House? You have raised your point. February 16, 2023 SENATE DEBATES...

Thank you, Mr. Deputy Speaker, Sir. I also rise to support the Statement sort by Sen. Munyu Mundigi. I am aware that following interventions that came in sometime in the last month, the Speaker of the National Assembly made a finding on the status or legality of the policy on...

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot Mr. Speaker, Sir, I beg your indulgence. I know Standing Order No. 237 permits you to allow comments, observations or clarifications in relation to a petition presented and reported. It says such total term shall not exceed 30 minutes, but it does not expressly provide in a situation...

Sen. Cheruiyot Thank you, Mr. Speaker, Sir. I rise to support both petitions. On the Petition by residents of Uasin Gishu County, Mr. Speaker, you will recall that when we were last in Dubai, we had an interactive session with Kenyans living in the United Arab Emirates (UAE) and the...

Sen. Cheruiyot Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate.

Sen. Cheruiyot Thank you, Mr. Speaker, Sir. A word of welcome for the visiting delegation from Busia County Assembly. I hope they get to interact with our Serjeant-at-Arms department and any other department that they may find relevant to their study as they visit our House. I hope they make...

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot Mr. Speaker, Sir, I thank you for this chance to welcome our visitors who are on a working trip to the Parliament of Kenya and specifically the Senate. I wish them well. It may benefit them to know that under the East African Community Protocol, the Kenyan Parliament...

Sen. Cheruiyot Mr. Speaker, Sir, I will be quick. Under the Speaker’s rules, I invite your attention to guide the House whether Sen. Karen Nyamu is properly dressed. Mr. Speaker, Sir, I am getting really concerned with the kind of leadership that the Majority side is showing this House. We...

Sen. Cheruiyot Bw. Spika, tuko Maseneta 67 katika Seneti hii. Nataka kumkosoa Seneta kwamba hiyo sio mambo ya Kenya Kwanza, ni mambo ya mtu binafsi. Kama mtu amevaa vibaya, sio Maseneta wote wa Kenya Kwanza wamevaa vibaya.

Sen. Cheruiyot Hon. Senators, as you may have noted, the Senate Majority Leader has tabled the report of the Parliamentary Service Commission on the approval for appointment of Hon. Johnson Muthama to the position of male non-member Commissioner of the Parliamentary Service Commission. The composition of the Parliamentary Service Commission...

What is your point of order, Sen. Wambua?

Sen. Cheruiyot Okay. Sen. Thang’wa, proceed. (Sen. Nyamu walked into the chamber) (Applause) COMMUNICATION FROM THE CHAIR NOMINATION OF HON. JOHNSON MUTHAMA, FOR APPOINTMENT AS A NON- MP COMMISSIONER TO THE PSC

Hon. Senators, as you may have noted, the Senate Majority Leader has tabled the report of the Parliamentary Service Commission on the approval for appointment of Hon. Johnson Muthama to the position of male non-member Commissioner of the Parliamentary Service Commission. The composition of the Parliamentary Service Commission is detailed...

Sen. Cheruiyot I thought the Senate Majority Leader was moving a Motion.

Sen. Cheruiyot Senators, I have taken time to talk to you but clearly, you were not listening. Hon. Senators, do not make the Second Session bumpy and difficult. From what I am seeing and going forward, we may have to go the straight and the narrow jacket way. Leniency will...

I thought the Senate Majority Leader was moving a Motion.

On a point of order, Mr. Speaker, Sir. (Loud consultations)

Sen. Dullo, what is your point of order?

Mr. Speaker, Sir, Sen. Wambua has no right to abuse me. He is not the Speaker of the House. (Sen. Wambua spoke off record) February 14, 2023 SENATE DEBATES 24

Sen. Cheruiyot Bw. Spika singependa kumtatiza ndugu yangu Sen. Madzayo, lakini msemo ambao ameutumia haufai kutumika hapo. Hawezi kusema hasira ya mkizi furaha ya mvuvi. Yaani hasira za Sen. Sifuna ilikua ni furaha kwa Spika. Haiwezekani kuwa hivyo. (Applause) Sen. Cheruiyot Senate Minority Leader, is that what you meant? February...

Asante Bw. Spika. Naunga

Hoja ya nidhamu.

Sen. Faki, ni nini hoja ya nidhamu yako?

Bw. Spika singependa kumtatiza ndugu yangu Sen. Madzayo, lakini msemo ambao ameutumia haufai kutumika hapo. Hawezi kusema hasira ya mkizi furaha ya mvuvi. Yaani hasira za Sen. Sifuna ilikua ni furaha kwa Spika. Haiwezekani kuwa hivyo. (Applause)

Senate Minority Leader, is that what you meant?

La, Bw. Spika.

Okay. The Senate Minority Leader (

Sen. Cheruiyot

Sen. Cheruiyot Mr. Speaker, Sir, I am pleased to introduce to you, the Hon. William Kipkemoi Kisang’, Senator-Elect for Elgeyo Marakwet County. Welcome. ADMINISTRATION OF OATH

Sen. Cheruiyotmay need to guide us, but I will speak about it later. I wish he was in the House while I say this.The Bill seeks to cure the above cited malady as proscribed by the High Court in its ruling. Reducing the number of membership of the Parliamentary Service...

Sen. Cheruiyotmuch powers. It is because Parliament is a reflection of the entire country. Everybody knows that Parliament has two sides, the Minority and the Majority.Even then, as we sat in the PSC, we wrote letters to the leadership of both Houses - the Majority and Minority sides - and...

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Sen. Cheruiyot

Sen. Cheruiyot Mr. Temporary Chairman, Sir, I accept your guidance.

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Sen. Cheruiyot

Sen. Cheruiyot Thank you, Mr. Temporary Chairman, Sir. I would like to appeal to Sen. Mumma to think hard and long about her amendment. The strength of this House and of the National Assembly is based on the committee system. You are a Member of JLAHRC elected by a popular...

Sen. Cheruiyot

Sen. Cheruiyot

Sen. Cheruiyot No, I do not need information because I have enough. (Laughter)

Sen. Gataya Mo Fire, please proceed.

Mr. Temporary Chairman, Sir, I oppose the amendment by my good friend, Sen. Mumma. The Public Service Commission (PSC) encompasses and brings on board quite a number of sectors in this society. As a House, it would be very unfair for us to deny the Public Service Commission a chance...

Sen. Cheruiyot Mr. Temporary Chairman, Sir, the camera is on. The Temporary Chairperson (Sen. Abdul Haji) : Sen. Wamatinga, can you switch on your camera, so that we see you? January 19, 2023 SENATE DEBATES 14 Sen. Cheruiyot In the morning, I argue against it on the same basis that...

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Sen. Cheruiyot): Sen. Cheruiyot):

Sen. Cheruiyot

Sen. Cheruiyot Mr. Speaker, Sir, I have heard your Message. For a very long time, I have been avoiding to comment on this particular issue because you know very well that this has been a topical issue in our country. Given that this was a Memorandum addressed to you, I...

Sen. Cheruiyot Mr. Speaker, Sir, I rise to give Notice of the following Motion- THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on 14th December, 2022, the Meru County Assembly approved a Motion to remove from office, by impeachment, Honourable Kawira...

Sen. Cheruiyot Mr. Speaker, Sir, I beg to move the following Motion on the establishment of a Select Committee to investigate and report on the proposed removal from office, by impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County- THAT, WHEREAS, pursuant to Article 181 of the Constitution and...

Sen. Cheruiyot Thank you, Mr. Speaker, Sir. It is interesting to have Sen. Okiya Omtatah here. At some point, he will have to draw a line and this is with no ill will, malice or bad intent on him. He has carved a space for himself as a public interest...

Sen. Cheruiyot Thank you, Mr. Speaker, Sir. I rise to oppose this Motion simply because the matter at hand has many dynamics. Looking at the Committee that has been put together, I do not think the dynamics will be met. (Applause)(Applause)(Applause) Thank you, Mr. Speaker, Sir. I rise to oppose...

Sen. Cheruiyot Mr. Speaker, Sir, we have very clear rules of debate. When debating, you cannot impute improper motive on your colleagues without a substantive Motion. Sen. Orwoba is now imputing improper motive on me as the Senate Majority Leader and secondly, the Senate Business Committee (SBC) . There are...

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

Sen. Cheruiyot

Sen. Cheruiyot) : Sen. Beth Syengo, choose your language. You started with English, kindly, proceed in and finish in English. Be very careful what you say.

Sen. Syengo, proceed.

Thank you, Mr. Speaker, Sir. I rise to oppose the Motion for the several reasons. I have no problem with the membership of the Committee. The question is, how was the membership arrived at? Why was there no Kamukunji so that we know who is to go to that Committee?...

Sen. Cheruiyot Hon. Senators, voting starts now. We are going to vote electronically. You can press “Yes”, “No” or “Abstain”. (Voting in progress) December 20, 2022 SENATE DEBATES 53 Sen. Cheruiyot Therefore, we should not set a precedence of saying that we do not trust in committees and this and...

Hon. Senators, pursuant to Standing Order No. 84 (1) , I determine that the matter affects counties and therefore voting will be by county delegations. The vote will be carried when a minimum of 24 delegations vote in favor of the Motion. At this juncture, I will ask the Serjeant-at-Arms...

Hon. Senators, voting starts now. We are going to vote electronically. You can press “Yes”, “No” or “Abstain”. (Voting in progress) DIVISION ELECTRONIC VOTING December 20, 2022 SENATE DEBATES 54