Justice Stewart Madzayo

Sen. Madzayo) : Sen. Madzayo) :A March 15, 2023 SENATE DEBATES 2

Sen. Madzayo): On a point of order, Mr. Speaker, Sir. Bw. Spika, mimi sipingi uamuzi wako. Lakini, taratibu za Bunge la Seneti zinasema kuwa ikiwa kuna Wabunge ambao wamesema, “tafadhali Bw. Spika, niko na Hoja ya nidhamu, kwa kawaida, huwa unawapatia nafasi hawa Maseneta waweze kuweka wazi Hoja zao za...

March 15, 2023 SENATE DEBATES 5

Sen. Madzayo) :AWhen Sen. (Dr.) Khalwale stands up on the Floor of this House and says that people who are supporters of Azimio or ODM have raided a meeting of a Government agency and stolen food, without any substantiation, you must substantiate.(Loud consultations)(Loud consultations) Continue. The Senate Minority Leader (...

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

What is your point of order, Sen. Sifuna?

Mr. Temporary Speaker, Sir, I am also a Member of the Committee on Roads and Transportation and the chairperson here is my friend. I am extremely disappointed that that statement has actually been made on this Floor. One of the things that is very frustrating for us, as the Minority...

Sen. Madzayo) : Sen. Madzayo) : Sorry, Mr. Temporary Speaker, Sir, before you give Sen. Olekina time, I request Sen. Kinyua, the PSC Commissioner to Second my Motion that Sen. Sifuna--- (Loud Consultations)

Sen. Madzayo) : Sen. Olekina, just have your seat. Senators, the Standing Orders do provide the hours when this Senate is supposed to transact its business. It is between 2.30 p.m. to 6.30 p.m. unless Standing Order No.34 (2) or Standing Order No.34 (4) is invoked; but both Standing Orders...

Sen. Madzayo

Sen. Madzayo) : Sen. Oburu, proceed. Thank you, Mr. Speaker, Sir. Allow me to join you in welcoming the students from Sawagongo High School, officials of Makueni County Assembly and the delegations or students from the USA. I believe their visit to Kenya will open their eyes to how we...

Sen. Oburu, proceed.

Sen. Madzayo) : Sen. Madzayo) :I feel a special connection to the visiting team. I hope that they get full value of their time in the Republic of Kenya and get to learn and interact with Members of Parliament.To the best of my knowledge, their Parliament is pretty much similar...

Sen. Madzayo) : Sen. Mandago, what is your point of order? Mr. Speaker, Sir, before you left last week, there was a communication that you were supposed to give to the House with regard to the leadership of the Minority Side. There was sudden departure on your part and we...

Sen. Madzayo) :Bw. Naibu Spika, naomba Asante, Bw. Naibu Spika. February 22, 2023 SENATE DEBATES 16

Sen. Madzayo) : Mr. Deputy Speaker, Sir, I will repeat what I said so that you capture it. I strongly believe that you were properly in order to invoke the provisions of Standing Orders, one to two on the four of us for gross misconduct in the House. When you...

Sen. Madzayo) : Yes, what is out of order? The Senate Minority Leader (Sen. Madzayo) : Mr. Deputy Speaker, Sir, last week, we communicated to your Office with regard to changes made in the Leadership of the Minority side. From last week up to today, this Communication has been lying...

Yes, what is out of order? The Senate Minority Leader ( Sen. Madzayo) : Sen. Madzayo) : What do you expect me to do when we get to Order No.2? Is it to sit or stand, so that I can give any communication? (Sen. (Dr.) Khalwale) spoke off record)

You are out of order, Senate Minority Leader. The Senate Minority Leader ( Sen. Madzayo) : Sen. Madzayo) : Senate Minority Leader, can you, please, have your seat? I am on Order No.2. You should expect any Communication from the Chair. You did not follow the sequence. The Senate Minority...

What do you expect me to do when we get to Order No.2? Is it to sit or stand, so that I can give any communication? (Sen. (Dr.) Khalwale) spoke off record) February 21, 2023 SENATE DEBATES 1

Sen. Madzayo):

Sen. Madzayo) :

Sen. Madzayo) : Sen. Madzayo) :

Sen. Madzayo) : Okay. Please proceed. The Senate Minority Leader (Sen. Madzayo) : Bw. Naibu Spika, kwa heshima na taadhima, jana, tulikuwa hapa na pia wewe ulikuwa hapa. Uliweza kusikia ya kwamba kuna Ujumbe ambao utawasilishwa ndani ya Bunge la Seneti kuhusiana na upande wa Upinzani na ile ratiba walikuwa...

Which Standing Order is your point of order from? The Senate Minority Leader ( Sen. Madzayo) : Sen. Madzayo) : Kiongozi wa Walio Wachache, naomba uwasilishe ombi lako moja kwa moja. The Senate Minority Leader (Sen. Madzayo) : Bw. Naibu Spika, ndio Okay. Please proceed. The Senate Minority Leader (...

Sen. Madzayo) : Sen. Madzayo) :Sen. Olekina, proceed.

Sen. Madzayo) : Sen. Madzayo) : Mr. Deputy Speaker, Sir, none of us from the Minority side mean to disrespect the Chair or anyone occupying that seat at any particular time. We are getting frustrated because this is not why we were elected to come to the Senate. We have...

Senate Minority Leader, I gave you an opportunity after Order No.2 was read. What did you ask the Chair to do? The Senate Minority Leader ( Sen. Madzayo) : Sen. Madzayo) : Sen. Sifuna---

Sen. Madzayo) :(Loud consultations)(Loud consultations)

Sen. Madzayo(Loud consultations)(Loud consultations)(Loud consultations)

Mr. Deputy Speaker, Sir, point of order.

Next Order. I have made a very good ruling on this matter. (Loud consultations) MESSAGE FROM NYANDARUA COUNTY ASSEMBLY RESOLUTION ON A MOTION ON THE EXPLOITATION OF WATER UNDER THE SASUMUA AND KENOIKE DAMS

Hon. Senators, I have a Message from the Speaker of the County Assembly of Nyandarua.

Sen. Madzayo) : Sen. Madzayo) : Simply communicate. Read the Communication, Mr. Deputy Speaker.

Sen. Madzayo) : Standing Order No.23. (Loud consultations)

Sen. Madzayo) : Sen. Madzayo) :I now proceed to read the Message.

Sen. Madzayo) : No! Mr. Deputy Speaker, Sir, can you allow me to talk? The issue here is that you are so inclined on one side and not looking on the other side. You are supposed to be blind in that Chair. I beseech you not to destroy the Senate....

Okay, table it.

Sen. Madzayo) : On a point of order, Mr. Speaker, Sir. Mr. Speaker, Sir, I was waiting for the communication and because it was not forthcoming, the only way I would ask for an avenue, as a leader in this House, which I think I am entitled to--- I need...

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

What is your point of order, Senate Majority Leader?

Mr. Speaker, I have no business whatsoever in what happens in the leadership of the Minority side, but I have an interest in the procedures of this House because we are leaders and we respect the rule of law. February 15, 2023 SENATE DEBATE 16

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

Sen. Madzayo) : Senate Minority Leader, you need to ask yourself whether Kiswahili is the mode of communication in Uganda. Otherwise, the delegation may not hear the good words that you are saying. The Senate Minority Leader (Sen. Madzayo) : Mr. Speaker, Sir, Ugandans speak fluent Kiswahili. We have been...

Senate Minority Leader, you need to ask yourself whether Kiswahili is the mode of communication in Uganda. Otherwise, the delegation may not hear the good words that you are saying. The Senate Minority Leader ( Sen. Madzayo) : Sen. Madzayo) : What is your point of order, Sen. (Dr.) Khalwale?

Sen. Madzayo) :(Loud consultations) Bw. Spika, hoja yangu ya nidhamu ni kwamba kuambatana na sheria za hapa ndani yaani Standing Orders zetu na pia zile sheria ambazo ni za Spika, tunatambua ya kwamba ni lazima mtu awe amevaa kisawasawa. Hatuwezi kuingilia katika maisha ya mtu vile anavyotaka kuvaa, lakini hapa...

The Senate Minority Leader, just have your seat. I will let you have your day. Before I allow the Senate Minority Leader to speak, let me look at Speaker’s Rules Rule No.5. I want to know how it is admissible in this regard. Sen. Tabitha, can you guide us. Explain...

Mr. Speaker, Sir, the Speaker’s Rules are very clear on our dress code for both for the male and female Senators. As a woman and Senator, I find it very uncomfortable and inappropriate for our colleague Sen. Gloria to come to the House in a stained pant. I do not...

What is out of order about Sen. Gloria Orwoba’s dressing? (Loud consultations) February 14, 2023 SENATE DEBATES 11

The Chair wishes to know. What is out of order about, Sen. Gloria Orwoba’s dressing? I do not want to do guesswork. (Loud consultations)

Sen. Madzayo) : Sen. Madzayo) : Mr. Speaker, Sir, someone once said that as leaders, we should be judged by the content of our speech. It is quite evident that the distinguished Senator is picketing. From her words, she is actually raising something. She is not on her menstrual cycle....

I now get it. Sen. Wambua, you may proceed.

Mr. Speaker, Sir, respect should be given where respect is due. However, in circumstances where respect is not due, then we do not ascribe respect. This is a House of respect. There are things that should never be allowed in the Senate of the Republic of Kenya. Mr. Speaker, Sir,...

Sen. Orwoba, what is your point of order? February 14, 2023 SENATE DEBATES 12

Mr. Speaker, Sir, on a point of order. I am dressed as per the Standing Orders. I am covered, I have a suit and collars. I am just short of a tie. I am very disappointed. I am actually more disappointed because the point of order that is being raised...

Sen. Madzayo

Sen. Madzayo) :I agree with Members that have said that sometimes Motions, Statement and Bills are being called---I do not want to say that my colleagues are busy with other things. They are also busy serving people. However, they should teach their people that they also have business to transact.Sometimes...

tuko, tukitia bidii. Tulienda induction ama kufunzwa na kupata taaluma za juu zaidi ili tukija hapa, tuchape kazi vyema. Ndugu yangu Sen. Cherargei ana taaluma ya juu, ili hawa wengine wawe na taaluma kama Sen. Cherargei, lazima tuelimishane.Hii kamati italeta mambo mazuri ndani ya Bunge la Seneti. Sisi tunatakikana kuiga...

Hon. Senators, you may now proceed to make your contributions starting with, Sen. Maanzo.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to contribute to this very important Motion. The constitution of the SBC provides an opportunity for the House to plan its business and execute it for the benefit of serving Kenyans appropriately. Mr. Speaker, Sir, I must commend the Senate...

survival of the counties purely rests on Division Revenue Bill and how Senators support the counties to have resources to be able to function.This House and its duties are very important when it comes to devolution. It has also given hope to Kenyans that development is able to reach every...

Proceed, Sen. Cherargei.

Sen. Madzayo Bw. Spika, tuko na mwenzetu, Seneta aliyechaguliwa ameingia na kuapishwa. Kama ilivyo kawaida yetu, nafikiri ingekuwa muhimu kwetu kwanza tuweze kumkaribisha na kumpa kongole yake kubwa kwa sababu alishiriki katika January 19, 2023 SENATE DEBATES 3 Sen. Madzayouchaguzi ambao ulipiganiwa na watu lakini aliweza kushinda. Amekuja hapa na...

Sen. Madzayo Asante, Bw. Spika. Kwanza ninataka kumpa kongole ya juu sana ndugu yetu Sen. Kisang Wiliam Kipkemoi. Amefanya juhudi ya kuwabwaga wale wengine ili kupata nafasi ya kuja hapa akiwa Seneta wa Elgeyo Marakwet. Hilo ni jukumu la watu wa Elgeyo Marakwet ambao wamekupatia na ni lazima uwafanyie kazi....

Sen. Madzayo) : Sen. Madzayo) : Thank you, Mr. Speaker, Sir, for giving me this opportunity to also make my contribution to this very important debate. I want to bring a new perspective and thinking into this debate. The amount of suspicion and emotion that goes into electioneering comes because...

Sen. Madzayo) : Sen. Madzayo) : Proceed, Sen. Osotsi.

Sen. Madzayo) : Sen. Madzayo) :still get commissioners who are lawyers. Why do we insist on the LSK getting a slot there? That is discriminatory.Mr. Speaker, Sir, as Senators, we have an opportunity to demonstrate leadership by agreeing on this. Today, the issue is not about numbers but about this...

Sen. Madzayo) : Order, Members! I am calling them over. Senate Majority Leader, proceed.

Sen. Madzayo) : Sen. Madzayo) :

Sen. Madzayo) : Sen. Madzayo) :

Sen. Madzayo) : Indeed, Sen. Methu, that language is unparliamentary. Kindly retract and proceed to conclude your comments. Bw. Spika, sijui kama ulisikia Seneta alivyosema hapa. Alisema kwamba kuna guys hapa. Nashindwa hawa guys ni akina nani. Hapa kuna distinguished Senators. Matumizi ya lugha ni muhimu sana hapa kwa sababu...

Sen. Madzayo): Mr. Speaker, Sir, two quick observations. One, is that many substantive issues were raised by the MCAs but fortunately it was close over. Secondly, today, in my observation, we have legitimized temporary impunity where you go to an office, you foul the law and that is it. Third---...