THIRTEENTH PARLIAMENT

Fifth Session

Tuesday, 28th July, 2026 at 2.30 p.m.

PARLIAMENT OF KENYA

The House met at the Senate Chamber, Parliament Buildings, at 2.30 p.m.

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

COMMUNICATION FROM THE CHAIR

VISITING TEACHERS AND STUDENTS FROM STAREHE BOY’S CENTRE

Hon. Senators, I would like to acknowledge the presence of a visiting delegation of three teachers and 65 students from Starehe Boys' Centre and School in Nairobi City County, who are seated in the Public Gallery this afternoon. The delegation is visiting the Senate for an academic exposition. On behalf of the Senate and on my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

I request the Senator for Nairobi City County, in under a minute, to welcome the delegation.

introduction in this country because it has established itself as a centre of excellence. I was just reminded to make the students aware that our Clerk, Mr. Jeremiah Nyegenye, who is seated at the Clerk's Table, is a product of Starehe Boys' Centre.

That is a demonstration that Starehe is, indeed, an institution that has produced serious individuals in this country. On behalf of my colleagues here in the Senate, I welcome you and wish you a fruitful visit, as the Speaker has said.

As your Senator, I will be available once you exit the gallery at the back there to answer any questions about the work that we do here and any other questions you may have. I am hoping and praying to God that you are proud of your Senator. We will establish that when we meet outside.

Thank you very much. God bless Starehe.

NOTICE OF MOTION

STRENGTHENING DISABILITY-INCLUSIVE EDUCATION FOR ALL LEARNERS WITH DISABILITY

Next Order.

QUESTIONS AND STATEMENTS

STATEMENTS

MURDER OF MS. ELIZABETH NGINA MULWA

second-year student of Thika Technical Training Institute, the alarming rise in cases of femicide and other forms of gender-based violence across the country.

Mr. Speaker, Sir, Kenya has recently witnessed a disturbing increase in the number of women and girls who have lost their lives as a result of brutal acts of violence. Many of these cases have involved torture, sexual assault, mutilation and other inhumane acts that have shocked the nation and raised serious concerns about the safety and security of women and girls.

The recent murder of Miss Elizabeth Ngina Mulwa, whose mutilated body was discovered in a rented house in Kimbo Estate, Thika West Sub-County, is a tragic reminder of the growing threat of femicide in our country. While investigations into her death are ongoing, this incident has intensified public concern over the increasing brutality of such crimes and the urgent need for decisive government intervention.

Mr. Speaker, Sir, Article 26 of the Constitution guarantees every person the right to life, while Article 28 guarantees the right to human dignity. Further, Article 29 guarantees every person the right to freedom and security, including protection from all forms of violence. It is therefore deeply troubling that women and girls continue to lose their lives in such horrific circumstances, despite the guarantees in our Constitution.

These recurring incidents underscore the urgent need for stronger law enforcement, effective investigations, timely prosecutions and enhanced measures to protect those at risk.

Femicide is not merely a criminal justice issue. It is a national crisis that demands urgent, coordinated and sustained action. Government agencies must strengthen investigations and forensic capacity, ensure swift prosecution of perpetrators, and intensify public awareness and prevention programmes aimed at combating gender-based violence.

Mr. Speaker, Sir, I strongly condemn these heinous acts of violence against women and girls. Such barbaric crimes have no place in a society founded on the rule of law, respect of human dignity and the protection of the fundamental rights. I call upon the Inspector General (IG) of Police, the Directorate of Criminal Investigations (DCI) and all relevant government agencies to expedite investigations into the reported cases of femicide, including the murder of Ms. Elizabeth Ngina Mulwa to ensure that those responsible are brought to justice without delay and implement effective measures to prevent further loss of lives.

I thank you, Mr. Speaker, Sir.

1. (1) The current state of maintenance at the KICC, particularly sanitation, lighting, fumigation and pest control and the measures being taken to restore the centre to acceptable international standards.
2. (2)The circumstances surrounding the recent change of security service providers, including the procurement process followed and measures in place to prevent access by hawkers and other unauthorized persons.
3. (3)The annual revenue performance of KICC of meetings, incentives, conferences and exhibitions tourism centre from the Financial Year 2021/2022 to date, indicating the revenue targets and actual revenue realized in each year and explaining any significant variance.
4. (4) The status of implementation of the recommendations of the Auditor General relating to governance, financial management and asset management of KICC.
5. (5) The refurbishment and modernization programmes planned for the KICC, indicating the respective budgetary allocation and implementation timelines.

WATER SHORTAGE IN TAITA TAVETA COUNTY

1. (1) Plans to improve water supply and distribution networks in Taita Taveta County, including specific projects, timelines and anticipated impact on access to clean water.
2. (2) Strategies for sustainable utilization of Mzima Springs and other sources to meet county needs and where feasible, support neighbouring regions.
3. (3) Funding provisions for water infrastructure and electrification of pumping systems to ensure effective distribution.

IDENTIFICATION AND DEVELOPMENT OF ATHLETIC TALENT

I rise pursuant to Standing Orders No.53(1) to seek a statement from the Standing Committee on Labour and Social Welfare on a matter of country-wide concern regarding the framework for identification, development and support of athletic talent in Kenya.

Athletics remains one of Kenya's greatest sources of international recognition and national pride. However, concerns have continued to emerge regarding athletes on the limited support available during the early stages of their careers with many receiving significant attention and assistance only after attaining international success. Given that athletics is one of Kenya's most successful exports and a major contributor to the country's global identity, there is a need for clarity on the systems in place to identify, nurture and support athletic talent before athletes reach elite level competition.

In the statement, the committee should address the following-

1. (1) The framework for the identification, recruitment and development of athletic talent highlighting the specific roles of the State Department for Sports, Athletics Kenya (AK), training institutions and county governments in identifying, nurturing and developing emerging athletes.
2. (2) The support programmes available at the grassroots and national levels including access to training facilities, qualified coaching, medical care, nutrition, equipment, financial assistance as well as measures to ensure continuity of support through an athlete's career.
3. (3) The criteria used in allocating Government support and access to training programmes including high equitable regional representation, gender balance, disability and equal access to opportunities ensured for all eligible.
4. (4) The development of a sustainable national athletics talent pipeline to ensure that athletes representing Kenya at the international level are identified, nurtured and supported through a structured and coordinated system rather than relying primarily on individual efforts and private initiatives.

Let me now read my second statement.

PROTECTION AND DOCUMENTATION FOR CHILDREN BORN TO KENYAN DOMESTIC WORKERS ABROAD

I rise pursuant to Standing Orders No.53(1) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of international concern regarding the protection, registration and access to citizenship documentation for children born to Kenyan domestic workers abroad.

Thousands of Kenyans, particularly women employed as domestic workers continue to seek employment opportunities in foreign countries. While labour migration contributes significantly to the livelihoods of many Kenyan families, concerns have emerged regarding the vulnerability of some migrant workers and their children, particularly in situations where children are born abroad and face challenges relating to birth registration, access to Kenyan citizenship documentation, maternal support and protection from exploitation.

In the statement, the committee should address the following-

1. (1) The number of children born abroad to Kenyan migrant workers who have been registered through Kenyan diplomatic missions from 2021 to date categorised by country of birth.
2. (2) The measures taken by the State Department for Immigration and Citizen Services and the Kenyan diplomatic missions to facilitate birth registration, issuance of citizenship and identity documents for children born abroad.
3. (3) The support mechanisms available to Kenyan domestic workers who become pregnant or give birth while working abroad, including consular assistance, maternal health care and protection from exploitation and abuse.
4. (4) The steps being taken to address risks faced by migrant workers and their children, including reporting, investigations and response mechanism for trafficking, exploitation, abandonment and denial of basic rights.
5. (5) The existing bilateral labour migration agreements, consular policies and institutional arrangements aimed at protecting Kenyan migrant workers abroad and their children, including any proposed reforms to strengthen protection and accountability.

I thank you, Mr. Speaker, Sir.

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM KAVA MAMA EDUCATION CENTRE, KITUI

I would like to acknowledge the presence of a visiting delegation of six teachers and 45 students from Kava Mama Education Centre in Kitui County who are seated in the public Gallery. The delegation is visiting the Senate for an academic exposition.

On behalf of the Senate, and on my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

I will request the Senator for Kitui County to extend a warm welcome to the delegation.

four years ago, the Ministry of Water, Sanitation and Irrigation gave a very expansive programme that they had for the water sector. We want to know, other than Taita-Taveta, what the Ministry has done so far with the pans and dams that were proposed. This is because we must have water in this country and Kenyans deserve water as a basic right.

I support.

taifa ya Kenya. Linafaa kuwekwa kwa standards zinazostahili ili lileta manufaa zaidi kwa taifa letu la Kenya.

Pili, ninataka kuchangia Kauli ya Sen. Sifuna kuhusu Mzima Springs ilioko Taita- Taveta ambayo ina maji mengi yanayosaidia sehemu nyingi sana. Lakini, watu wa Taita- Taveta hawasaidiki na yale maji. Kwa hivyo, inafaa maji hayo yasambazwe Taita-Taveta kwanza ili kila eneo na boma iwe na maji halafu yaweze kufikia sehemu zingine.

Taita-Taveta ni kama Murang’a ambapo kunatoka maji mengi yanayotumiwa Nairobi lakini watu wa Murang’a hawasidiki. Pia, stima ambayo inatoka Masinga Dam inasaidia watu wa Nairobi ilhali boma nyingi za Masinga hazina stima kwa sababu hawawezi kujidumu na kuweka stima.

Ninaomba Serikali isambaze maji na stima kwa kila boma.

sad. The Senate Majority Leader, Sen. Cheruiyot, should talk to his counterpart, Hon. Ichungwah, on the other side, for this Bill to get assented.

With those few remarks, I support.

also look into it. In as much as the national Government is supposed to address this issue, the county also needs to tell us its budget allocation for water. The county government should move with speed to make sure that they provide water to the residents.

Sen. (Prof.) Ojienda has raised the issue of talent. I support this. We can make our youths busy by supporting and helping them develop their talents. This country is known for athletics, music and a number of other talents. If we embrace and give more consideration to our youths, I know they will participate. At the end of the day our youth are the strength of the nation.

I beg to support. Thank you.

about that, then this is an iconic building. Truth be told, this building needs to be taken better care of as it is one of the most photographed buildings in Kenya and one of the tallest in Eastern and Central Africa.

On the matter of the statement by Sen. Sifuna on Mzima Springs, today, we had an opportunity to interrogate the Governor of Murang’a County. We need to have a deeper conversation about bulk water in counties because the custodians of Mzima Springs are suffering a lot more than the people who are taking water from that spring.

In the same conversation of Murang’a County, the people of Murang’a are not benefiting from the Northern Collector Tunnel resource that pours water into Kaini for onwards transmission to Nairobi. It is important that even as we challenge county governments to expand their own source revenue (OSR), we also make sure that they benefit financially from resources in their own jurisdiction.

With those remarks I support.

The Senate Minority Leader (Sen. Madzayo): Asante, Bw. Spika. Kwanza, naanza na Kauli ya Prof. Ojienda wa Kaunti ya Kisumu halafu, nimalizie na Kauli ya Sen. Edwin Sifuna.

Ni jambo la kusikitisha kuona wale watu ambao wanafanya kazi katika nchi za nje wakipatana na masumbwi makubwa sana. Hususaan hawa dada au ndugu zetu ambao wanapata watoto wakiwa nje ya nchi. Kumekuwa na shida sana ya huyu mtoto kujitambulisha kwa nchi zingine kwamba yeye ni mtu wapi. Ikiwa amezaliwa pande za Saudi Arabia na yeye ni Mwafrika, hawezi kujitambulisha kama mtu wa Saudi Arabia kwa sababu hakuna sheria kama hizo katika ofisi zetu za ubalozi.

Naunga mkono kauli hii nikisema ya kwamba, kunao umuhimu wa ofisi zetu za ubalozi kuwapa watoto wanaozaliwa nje ya nchi vyeti vya kuzaliwa; hata wale ambao wanafanya kazi katika mission zetu kule nje ya nchi. Mama aweze kuchagua pale yule mtoto atajiandikisha kama mwananchi.

Pili, nagusia kauli iliyoulizwa na Sen. Edwin Sifuna kuhusu ukame wa maji katika Kaunti ya Taita Taveta. Ule mto wa Mzima Springs umekuwa ukiwasaidia watu wa Pwani kwa miaka mingi lakini hivi karibuni, maji yake hayatoshi. Vile vile, kule upande wa Kilifi Kaunti, kuna mahali panaitwa Marereni ambako kuna jicho la maji ambalo watu wanastahili kupata maji. Lakini, hayo maji ni kidogo, hayatoshi.

Kunatakiwa kuwe na njia mwafaka ya kuhakikisha kwamba makaazi ya Pwani kuanzi Mzima Spring hadi Marereni maji yawe yanaweza kusaidia wananchi kikamilifu kumaliza ukame. Kunatakiwa kuwa na njia mwafaka ambayo Serikali itafuata.

kupasuka kwa bomba. Kwa hivyo, ni lazima TAVEVO Water and Sewerage Company Limited waangalile hili bomba linapopasuka lirekebishwe kwa muda unaofaa.

Mr. Speaker, Sir, I wish to support the statements by Sen. (Prof.) Tom Ojienda, about the registration and access to citizenship documentation for children.

Last year, I visited Saudi Arabia and in the streets of Saudi Arabia, I found some Kenyan women with their children in the streets, homeless, without anywhere to go. They cannot leave the country because they lack documents for their children and they cannot leave their children behind. So, they choose to remain in the streets because nobody can employ them and, again, the embassy there was not helping them.

I wish the Kenyan embassies all over the world, could have a dedicated desk for migrant workers, especially women who get children out of wedlock because some of them get raped there, others get children and their fathers disappear. Therefore, they have nowhere to go.

I followed one particular case of one woman called Mama Dalia. I am happy to announce that we were able to bring her back home with her children, but for the process of getting that certificate, we had to wait for an officer from Kenya to go to Saudi Arabia, take the DNA, then come back to Kenya and give the results.

I think embassies should take action on this matter, as they have agreements with governments and hospitals in those countries. This would enable DNA to be conducted in those countries without wasting people's time and ultimately, save these mothers. I think this is something that requires a lot of time and investment to help our mothers and the children who are mostly in the streets or they are probably being trafficked elsewhere, because Kenya cannot assist them.

Mr. Speaker, Sir, I support the statement.

The non-revenue water at TAVEVO is concerning. It is one of the biggest that we have had in the country and there are claims of dilapidated pipes and collapsed infrastructure. However, I do not believe so because I think the issue is the loss of commercial losses, which happens because of poor billing and sometimes just lack of collection of debtors who owe TAVEVO a lot of water bills.

One of the other reasons that I have seen in TAVEVO is the issue of the high cost of running TAVEVO water, where you find things like electricity bills running huge and sometimes, the billing on Coast Water is heaped on people like TAVEVO.

This is something that I hope the CPIC can look into, and, in particular, can also be a problem that needs to be looked at holistically across our counties. I know very well that a place like WSP in Migori County is experiencing the same. We have had a big issue of water shortages in Migori, despite the fact that we have a number of investors in the development world who have invested a lot in the water infrastructure in Migori County.

Migori County experiences the same problem to the extent that we are seeing shortages in Migori Town, where we have huge populations in places like Oruba, Nyangubo and Onyalo. In these places, people are going without water, even though there is sufficient infrastructure. Sometimes there is the issue of non-revenue water in Migori County.

So, I want to urge that, even as we look at the issue of targeted water, we may want the Senate to look at this globally and deal with it also in counties like Migori County, to make sure that it will not become a county without water.

I support, Mr. Speaker, Sir.

MOTION

PROVISION OF IFMIS REPORTS FOR COUNTY GOVERNMENTS TO THE SENATE

THAT, AWARE that, Article 96 of the Constitution provides that the Senate represents the counties, and serves to protect their interests, determines the allocation of national revenue among counties, as provided in Article 217, and exercises oversight over national revenue allocated to the County Governments;

FURTHER AWARE THAT, in the case of Senate v Council of Governors and 6 others (Petition 24 and 27 of 2019 (consolidated) 2022) KESC 57(KLR), the Supreme Court affirmed that the Senate’s oversight authority extends to both nationally allocated and locally generated revenue;

CONCERNED THAT, that Senators are constrained by lack of access to real time to data from the IFMIS system for the respective counties they represent, thus affecting effective oversight of County Governments;

FURTHER CONCERNED THAT, in some instances data and information presented to the Senate by the Auditor-General and the Controller of Budget are received and considered late as a result of the backlog, resulting into too much information not getting properly reviewed by Senators;

NOTING THAT, as a result of unchecked financial information and systems, County Governments have continued to accumulate pending bills resulting from unplanned expenditures, unaccounted for and inflated costs of projects;

NOW THEREFORE, the Senate resolves, that the Cabinet Secretary in charge of the National Treasury shall on a monthly basis, forward to the Clerk of the Senate all IFMIS transactions and reports for each County Government for onward transmission to the respective Senator for information on accountability and transparency, to strengthen their constitutional oversight and promote good governance in the management of public finances.

(Sen. Okiya Omtatah on 15.07.2026)

Clerk, do we have the requisite quorum? (The Clerk nodded in affirmation) Okay. Hon. Senators, I will proceed to put the question. (Question on the Motion as amended put and negatived)

Now, Senate Majority Leader, before you take to the Floor, it means we are going back to the original Motion and any contribution will be based on the original Motion before the amendments that have just been defeated.

Yes, Senate Majority Leader, you may proceed.

House interacts with the financial reports from the Office of the Auditor-General (OAG), the Controller of Budget (COB) and the National Treasury. The final accounts of what has been settled by the county governments can easily be availed to the House.

In the year 2016, there is a practice which was introduced to the Senate. That is releasing statements to individual Senators on their Exchequer releases by the National Treasury. I do not know if Sen. Boni Khalwale still recalls that. As Members of the Committee on Finance and Budget, we would go to the pigeon hole, which I am not sure if members still use.

In these days of technology, people have lost the beauty and the art of receiving letters and opening them. Everyone believes in reducing it to a WhatsApp message. In those days, you would go to the pigeon hole in the Senate Lounge that is just adjacent to this House and pick a statement from the National Treasury or the Controller of Budget (CoB) on how funds have been disbursed to you. That culture has long since been lost.

This Motion is an improvement from that particular culture. It is not just asking for Exchequer releases, but the Integrated Financial Management Information System (IFMIS) disbursements and reports with details of who has been paid, how much and what service it was for. As a Senator, one would have the opportunity to review the details and the specific funds disbursed to the county and their intended purposes. A Senator would be able to see the exact amounts paid toward salaries and contractors, thereby gaining a clear idea of what those contractors had actually accomplished.

Earlier today, Members will recall that we had an interesting report that will be presented to the House in the next few days by the Parliamentary Budget Office (PBO). The report was on an assessment of performance of county governments on a few fiscal parameters. They have done a tremendous job. Members of the Senate Business Committee (SBC) were today taken through that particular report.

Next week, as per the guidance of the SBC, the entire House will be furnished with the report on the performance of county governments for the last two financial years that have been concluded; 2023/2024 and 2024/2025. We have just concluded the Financial Year 2025/2026. They will furnish us with the same. We will be able to see how governors have handled pending bills, whether it is declining or increasing. We will also see the amount of funds that have been spent under development, gone to personal emoluments and all the parameters used to measure performance of county governments.

To me, that is an improvement from the archaic reports we get from the newspapers, which publish the best performing governor with no reference to any parameter. Next week, the Senate of the Republic of Kenya will be doing something that has not been done before, which is to measure and release this report.

Mr. Speaker, Sir, I am afraid that I am making a communication that I know you will later be giving. However, there is a way it aligns to this report and why my mind went to it. The Senate will issue a report on the performance of county governments that is scientific and led by actual reports from other agencies, not us, as a House. The report would reflect the findings of the Auditor-General, the Controller of Budget and the National Treasury regarding the funds received by the various county governments. Therefore, nobody will accuse the Senate of favouring a certain county government.

Why am I speaking to that? I was just tying it to the improvement that Sen. Andrew Omtatah wants us to have in the reporting structure of IFMIS reports that are sent to this House. When a Member received a report on Exchequer releases, it was merely a block figure indicating that Kshs200 million or Kshs300 million had been disbursed to their specific county, without providing any specific detail regarding what those funds had actually accomplished on the ground. As an area Senator that is diligent, you will be keen enough to know that if you see a particular contractor being paid---

In the current session of the House, we have resourced our Members by ensuring that they have a representative and a staff establishment on account of the County Oversight Fund. This allows Senators to keep track of county projects across the country. For example, if you see a contractor has been paid and you know this contractor was building a certain hospital, as the area Senator, either directly or through your officers, you are able to tell whether that contractor is on-site or they just set up a camp on-site and they are pilfering public funds.This is why this Motion is exciting to me.

Upon its passage, it will be within the powers of the House of Parliament to direct the National Treasury to furnish Parliament with the IFMIS reports for specific counties. I did not have the opportunity to listen to our colleague, Sen. Consolata Wakwabubi, explain why she wanted this report sent to committees of the House instead. I feel the original idea proposed by Sen. Okiya Omtatah of making sure that these reports are sent to individual Senators is much more accurate.

This is because, when you receive a report for the county you represent in this House, you have the presence of mind to understand the ongoing projects. You can assess whether your governor is doing the right thing of paying for legitimate ongoing projects or doing what, in common county government parlance, is referred to as "paying for air". This is where contractors set up companies solely for pilfering funds. You will never see them executing a project anywhere in the county, yet IFMIS reports show their payments are regular, in huge figures and duplicated across different company names belonging to the same clique of individuals.

This Motion strengthens oversight. Sen. Omtatah, when you do a good thing, you deserve to be commended. I urge every colleague in the House to take their time to add their voice this Motion. Let us resolve it so that before the new financial year begins---

Recalling my time as a freshman in this House, I once asked the Clerk of the House what happens to resolutions of the House. Fortunately, he still serves ably, and by coincidence, comes from the same county as the sponsor of this Motion. The Clerk informed me that we bind them and send them to the respective implementing agencies as official decisions of the House along with the specific action items required.

I believe that this remains the true position of how we transact our business. Upon the passage of this Motion, the Cabinet Secretary for the National Treasury and Economic Planning, under whose docket this falls, will simply be directed to implement it as guided. If he has trouble implementing this resolution of the House, there is no problem. We will summon and explain to him why we need to receive those reports on a regular basis.

This is the oversight Kenyans dreamed of when they passed the Constitution of Kenya, 2010. They wanted a Senate that is properly updated, so that we are not merely

morticians waiting for reports from the Auditor-General 12 months after the crime has already occurred. The original sin happens at the time of payment. That is a time that you can raise concern, including with your county assembly, and writing to them and saying, why do I see resources continuing to go to a particular project, yet you know, Member of County Assembly for a particular ward, that this project long stalled. Money should not be going to that particular project.

It will also be important, so that even when you receive these IFMIS reports, you can ask your governor, why out of Kshs500 million that you have received in a particular month, as a chief executive officer for your county, how do you feel that out of an exchequer release of Kshs500 million, you have used Kshs450 million to pay for personal emoluments, for example? It could be this or the other, because one of the biggest challenges in that report that I referred to earlier, there is a county - you will see the report next week, I do not want to pre-empt debate - that is spending upwards of 60 per cent of the resources that have been devolved to them to just pay for a current expenditure. Surely, how in the name of devolution is that being allowed to pass, yet you know, under statutory considerations, 35 per cent is the maximum allowed under that particular vote?

However, Mr. Deputy Speaker, Sir, we have allowed these things. In fact, if you go through the audit reports, I do not know if you do this, Members, in almost more than 60 to 70 per cent of our 47 counties, more than half of the resources that you are devolving to counties - that Kshs425 billion - are just for paying salaries. That means you cannot even refer to yourself as a governor. If you are a governor and you are spending more than 50 per cent of the shareable revenue to pay salaries, then you should change the notice on your entrance to your office. Do not refer to yourself as a governor. Say you are entering the office of the paymaster or payroll master, because that is all you are doing. You are just paying salaries. There is nothing you are governing in that particular county.

Therefore, I am particularly excited about this consideration. I can see there is somebody seeking to inform me.

at the report for Kericho, I will have the eye that will tell you what was done or done badly around gender, what was done or done badly around disability inclusion, what was done or done badly around youth inclusion.

Therefore, that is why I felt the report should be sent to the Senate. Of course, they will reach the 47, as well as the others.

Thank you.

terms of our work. We will be able to do our work in time and, basically, it will also improve the audit process.

Let me just discuss a few highlights. In the audit environment for counties, there are five common problems. The first one is the issue of pending bills. Pending bills is a problem in almost all our counties because the process of prioritising payments in the counties is determined according to the interests that county officials have, governor or the chief officers or others there. So, you find that some payments are delayed and some payments are even voided in the IFMIS. Therefore, the challenge of voiding payment is common, and that is what in most cases would lead to a lot of challenges, including generation of pending bills. So, this particular Motion, if implemented properly, will give us a chance to know which payments have not been prioritised and for what reason they have not been prioritised. Eventually, we will, after some time, be able to deal with this challenge of pending bills that is common in all our counties.

The other major problem that we experience in our counties is diversion of funds, where the counties make requests to the Controller of Budget for some payments. Once the Controller of Budget has approved the requests, those requests are substituted with other payments, which were not approved by the Controller of Budget. This also leads to pending bills. Therefore, diversion of funds, which is a crime, will be flagged out by Senators because we will know which payments have been diverted and which ones have not.

There is also late disbursement of funds, which in most cases, has been blamed on CoB, but sometimes it is also largely to do with the National Treasury. We will be able to know what is happening in IFMIS and where the blame should lie.

There is a challenge of non-remittance of statutory deductions, where counties make payments without paying taxes, SACCO dues and pension and this has been a problem in most counties. We will be able to flag out all this.

This Motion is important and I support it. Most importantly, it will help us to stop being morticians. We wait for the Auditor General to do his report and then come a year later. Now, the system has improved because of Article 229, but before that, we could even look at reports that were done two, three years ago.

We will be able to do these things almost in real time. In one month’s period, we will be able to discover if there is any major fraud or anomaly in the offing and be able to pick it up. So instead of waiting for the Auditor General to do her reports to us one or two years later, we will pick up in time and act on it as soon as possible.

As I said earlier, there are huge gaps in the audit process and the Auditor General's reports. The law does not allow the Auditor General to give us the draft management letters that they usually give at the point of exit meeting. Draft management letters usually have many issues, which do not end up in the main audit report that is published.

This process will allow us to be able to flag out some of those issues which do not eventually end up in the audit report that is published by the Auditor General. That will help the Senate to enhance its oversight role and governance issues on matters to do with funds in our counties.

Even as we do that; as we seek to get the reports on a monthly basis, I would like to advise that we see how this process runs. The most ideal thing is for the Senators to be given read-only rights to IFMIS, so that we do not have to wait for one month to get a report. Sometimes those reports may be manipulated; some important information may be omitted.

The most ideal thing would be, we are given read-only access to IFMIS and we are able to check for ourselves what is happening as far as payment in our counties is concerned. That real-time access to IFMIS will help a great deal.

Even without IFMIS access and these reports that we are talking about, we will still be incapacitated. I think the most ideal thing, and this is something that we have been crying for, we need IFMIS to be made an end-to-end financial management solution right from the counties where we have CoB officials, then coming to CoB, the approval process they undertake, and then coming to the payment at National Treasury through IFMIS, eventually to the Central Bank.

The challenge of IFMIS is that it is not yet an end-to-end solution. Even if we were to compare the approvals that have been made by the CoB against what has been paid, we will still have a problem. This is because we are not able to see in real-time what the CoB has approved to be paid.

I think even as we support this Motion, the most ideal thing would be, one, to be given real read-only access to IFMIS. Number two, to push so that we have an end-to-end IFMIS solution. That would help because I still see there will be a lot of back and forth in this process, because of the manual aspect of these reports which will be generated by the Auditor General.

I have talked about Parliament being like a mortician. I think if we look at other jurisdictions such as in the UK, we must appreciate that the Auditor General has the constitutional right to do the audit process. But internally in Parliament, we need to have an internal audit unit, so that some of these things are flagged out in real-time, before the Auditor General comes up with a report a year later. We will be able to deal with the frauds that happen in our counties in record time.

That is something that the Parliamentary Service Commission (PSC) has to think about, not just the Senate, but also the National Government. Parliament has to have an internal audit function that can give us reports on our counties or our public sector, so that we are able to do our oversight in real-time.

This recommendation will help us deal with the gaps that we have in our oversight process and audit process. Our county offices will function better than we are doing now, because even getting information from counties is a problem.

The Senator of Busia had a problem with the County Government of Busia because he could not get documents that he wanted. I am sure the rest of us here have problems getting information from our own counties. This is going to help.

Now that we are talking about audits, I think the framers of our law gave the responsibility on oversight committees to the Minority side. In the old system, we used to call it the opposition side. I think we need to re-look at this, because if you have decided to join the government, ideally, you should not lead or participate in oversight committees. What are you oversighting? We need to rethink this thing.

If you make a decision, even if you are on the Minority side or a Majority side, and you make a decision to be on the government side, then ideally, it is not moral for you to chair or be the vice-chair of an oversight committee like CPISFC or CPAC. I am just giving advice, because of what is happening in this House and even in the National Assembly. You cannot be, for example, the chairman of PAC in National Assembly oversighting the same government that you are supporting on a day-to-day basis. Then that is no oversight.

Even as we do this, I know Sen. Omtatah is working on something that will help this country if we go that direction. If we go the direction that people on the Government side should be the ones leading oversight committees, then we will not be doing oversight because you know what it means if you oversight someone you support. As we do all these good improvements, that is one area that must be looked into carefully, so that we give confidence to Kenyans and the public that indeed the Houses of Parliament serve the people of Kenya in terms of oversight.

This Motion will help us a great deal. As alluded by the Senate Majority Leader, Motions are passed by this House but sometimes implementation becomes a problem. That is why I still support the idea of us having a committee on implementation, so that some of these good things that we pass in this House can be followed up in real time by a specific committee to ensure they are implemented.

I fear that 60 days after we pass this Motion, perhaps the National Treasury may not---

It is unfortunate because he was never given a chance to address people during the installation and consecration of the new bishop of the Anglican Church of Kenya (ACK) Katakwa Diocese because he was just acknowledged. I hope next time he will be allowed to say something as a presidential candidate.

This stems from the issue of access to information under Article 34 on freedom of the media and Article 35 on access to information. Access to information is a basic right but you will find that most Kenyans especially in most of our counties cannot access even a budget, a County Integrated Development Plan (CIDP), an Annual Development Plan (ADP) or a Medium-Term Strategy Paper (MTSP) that is processed by either a county executive or county assembly.

Mr. Deputy Speaker, Sir, in 2016, we passed the Access to Information Bill, which became an Act. You were serving in the “lower House” or the National Assembly then and you processed that Bill. However, it appears that access to information held by state agencies is still a mirage and that is unfortunate. We do not need a Motion to do our job as envisaged under Article 96 of the Constitution.

By the way, let me confess, whenever I need information from Nandi County Executive, I have to use a lot of magic, including sorcery-like tactics to access some information. It is because the governor there would not want anybody to know what he is doing since he connives, perambulates and gallants when it comes to access of information.

(An hon. Senator spoke off record) Mr. Deputy Speaker, Sir, I said ‘sorcery-like.’

I just wanted to clarify that the words “witch” and “wizard” are no longer at the same level. A wizard, which is the male side, is now positive. The master side which is also male is also positive, but the female side remains negative.

I just wanted to inform our brother.

Kajiado, Kshs2.2 billion; Busia, Kshs2.15 billion, where the Governor was renovating a lounge like ours there with more than Kshs200 million. I think our lounge was cheaper. Bomet, Kshs1.27 billion; Mombasa, Kshs921 million and Embu, Kshs313 million. All these colleagues had voided payments that cannot be accounted for and amount to Kshs24 billion. This includes Machakos. I cannot get Machakos because my time is fast spent, but I will share it with my colleague.

About Kshs24 billion was voided. So, it means Kshs24 billion was approved by the COB, but cannot be accounted for. This means it has been stolen. Therefore, I agree that every Senator must be able to access their reports every end month. I am happy that our students are here. This is a generation where digital literacy is at its highest. There was an argument that as digital literacy and computers are used, the cognitive level comes down. However, I am happy they are here because they have come to learn.

Mr. Deputy Speaker, Sir, allow me, with your indulgence, to acknowledge that at least two of my schools from Nandi County; Taito Senior School in Nandi Sub-County and Chemase Day and Boarding Junior School, are part of the many learners sitting in your Gallery and they are able to follow this conversation. This is an era of digital literacy and an era of opportunity that we are focused on. I therefore wish Taito Senior School and Chemase Day and Boarding Junior School all the best.

I urge the distinguished Senator that after the resolution of this House, we ensure that we have an Implementation Committee. I rarely agree with the Vihiga Senator, but on this one, we must ensure we have an Implementation Committee. How will we know if Sen. Kavindu has received the IFMIS report? How will we know if Sen. Crystal Asige or Sen. Mwaruma, who is our incoming Chairperson of the County Public Investments and Special Funds Committee (CPIC) of the Senate, will ensure that Taita Taveta gets the IFMIS report? How can we ensure that Sen. Khalwale, the bullfighter who is fighting in Malinya, has an opportunity to access and oversight, although I know he likes overseeing in funeral services?

How can he go to a financial institution somewhere in Likuyani and share information about Kakamega County? I agree. Even in Bungoma, where Sen. Wakoli, who has been suffering in the hands of the Governor, is--- Luckily, he eats well. I sat with Sen. Wakoli over lunch and he eats around five kilogrammes of ugali, so that he can---

The only thing missing in his delicacy is terere. He is telling me there should be terere and imondo, which are missing in the menu. I want to appeal to the Parliamentary Service Commission (PSC): how can one consume five kilogrammes of ugali without proper terere and ingokho? I appreciate that in the future, we might include mursik as part of the delicacy.

So, in an upshot, I want to agree with this Motion. Let us support it. Let each and every Senator access the IFMIS report, so that we can do timely oversight and we do not become morticians. This is because when you go to Meru and tell people about the Financial Year 2024/2025, they might not understand.

Mr. Deputy Speaker, Sir, because my time was spent, can you add me one minute, so that I wrap up my thoughts?

supplementary budgets that are done. The unfortunate part is that these budgets are done without public participation.

So, we also need a view of the budgets and all other supplementary budgets. Now that it is not in this Motion, maybe other Motions should be done to make sure that all the necessary documentation that is required to do proper and effective oversight for the Senators are provided.

The other documents that would really be important is the requisition for monies from the Controller of Budget. This is because even if you are given the IFMIS report from the accounts, again, you do not know which projects and programmes have been requisitioned for payment. So, even if you have that IFMIS document, and you do not know what the county governments had requisitioned, you do not have two documents to compare.

It is important to have information for projects and programmes that have been requisitioned for payment so that together with the IFMIS report, we can ascertain why a project was requisitioned for payment, but, finally, it has not been paid for.

The culprit that Sen. Cherarkey was talking about is called voiding of payments. The county government can request for payment of a particular programme and then end up paying another programme. The payment is voided and that is the main culprit in the escalation of pending bills.

So, I really want to request if it is possible, through other Motions or processes, requisition reports, can also be available.

During audits, according to Article 229, there are also documents that would be important for Senators to access, especially the management letter.

When the initial audit is done by the external auditors from the Office of the Auditor-General, at times, they point to malfeasance in the counties. However, the problem is sometimes they are managed and in the final certificate, the issues that were flagged by the auditor do not appear.

Sometimes, it would be important for Senators to access that initial report, the management letter or the draft reports. This is because Kenya being what it is, I want to believe that sometimes the management letter is managed by the management and the final report does not reflect the actual malfeasance in the counties. Otherwise, this is a very important Motion that would ensure that the oversight role of Senators is enhanced

If finally we get these IFMIS reports, we would be able to assist our people who have not been paid but that money already was provided for payment. So, this is a very important Motion that all of us should support.

We have noted in this Motion that as a result of unchecked financial information and systems, county governments have continued to accumulate pending bills resulting from unplanned expenditures, unaccounted for and inflated costs of projects.

So, I would really like to end here but note that governments and Senators must be provided with this information.

I support this Motion.

kwamba huu ni mfumo ambao unahakikisha kwamba pesa zinalipwa baada ya kufanya makadirio na serikali za kaunti.

Naunga mkono mapendekezo yaliyoletwa na Seneta kutoka Gatuzi la Busia, Seneta mwenzangu, Mheshimiwa Okiya Omtatah. Katika Kamati ya Utekelezaji na Kuratibu Mipango ya Seneti, tumesema ya kwamba yale ambayo tunaona kwenye magazeti na vitabu ambavyo tunavibugua sio haswa jinsi yanavyoonekana kwenye vitabu. Serikali za kaunti zitawajibika iwapo tutaona jinsi fedha zinatolewa na kulipa wanakandarasi na wafanyikazi wa kaunti. Pia, tutahakikisha ya kwamba kile ambacho tunaona kiko mashinani.

Mheshimiwa Mwaruma ametaja kwamba ni jambo la kusikitisha kwamba miradi ambayo ilianza mwaka wa 2014 katika gatuzi zetu bado haijakamilika ilhali hiyo miradi iliratibiwa kwenya bajeti za kaunti. Kaunti haiwezi kuweka kwa bajeti miradi ambayo haiwezi kukamilisha. Tunafahamu ya kwamba kuna mtu ambaye lazima awajibike wanapotumia mfumo wa Integrated Financial Management Information System (IFMIS).

Seneta Okiya Omtatah anaomba ya kwamba tupate hiyo nakala. Hii itatuwezesha pamoja na watu ambao wanafanya kazi katika ofisi zetu kwenye kitengo cha kubukua, kuchunguza na kutia msasa na kuweza kwenda mashinani kudhibitisha pahali ambapo waliweka hiyo mipangilio. Hiyo itawasaidia kudhibitisha kama hiyo miradi ipo ama haipo. Wataweza pia kuangalia kama miradi imetekelezwa vyema ama hapana. Wataweza pia kujua kama miradi ni gushi ilhali pesa zimelipwa.

Mapendekezo yetu yatahakikisha ya kwamba kamati ambazo tunazoongoza zitazuru maeneo hayo kudhibitisha miradi hiyo na kutoa mapendekezo yao. Hiyo itatufanya tusiwe kama wale ambao wanataka kufufua wale walio wafu. Naomba wenzangu Maseneta, tuunge mapendekezo haya mkono ili tuweze kuhakikisha ya kwamba ugatuzi unafanya kazi inavyotakikana.

Mwenzangu ametaja ya kwamba kuna wafanyikazi ambao wanafanya katika ofisi ya Mkaguzi Mkuu wa Hesabu za Serikali. Hao watu huzuru maeneo yetu na kuandika ripoti. Sisi pia tuna wafanyikazi katika ofisi zetu ambao wanapaswa kwenda sambamba na hao wafanyikazi katika gatuzi zetu. Tukifanya hivyo, ripoti ambazo wataandika hazitakuwa za kisiri, ama zinabaki Nairobi. Wafanyikazi wetu watatupea nakala hizo na tutaweza kuhakikisha ya kwamba kila mtu anawajibika.

Tumeona magavana wakidai ya kwamba kuna wafanyikazi gushi ambao wanalipwa ilhali hawapo. Lakini, ukiwauliza ni wafanyikazi wangapi ambao ni madereva, makatibu na seremala, hawawezi kukupa hiyo orodha. Iwapo mfumo huu utatuonyesha kwamba fedha fulani zilitumika kulipa marupurupu ya wafanyikazi, itakuwa rahisi kufuatilia na kujua ni wafanyikazi gani ambao wamelipwa, wanafanya kazi sekta au idara ipi na iwapo kuna wafanyikazi gushi. Itakuwa rahisi kwetu kufuata na kupata ukweli.

Kule mashinani kuna ulaghai ambao unaendelea katika kaunti zetu. Kuna miradi ambayo inalipwa mara mbili. Kwa mfano, katika kaunti yangu, wanasema kwamba barabara ya kutoka Nairobi kwenda Bungoma, imetengewa Shilingi billion tatu na baada ya muda mchache, wanasema ya kwamba barabara ya kutoka Bungoma kuja Nairobi imetengewa Shilingi bilioni mbili. Wanatumia mfumo ambao Wakenya wengi hawaelewi. Mtu mmoja analipwa mara mbili kwa barabara mmoja.

Iwapo tutapata mfumo wa IFMIS, tutaweza kuthibitisha miradi ambayo inasemekana imetekelezwa katika wadi fulani. Hiyo itatusaidia kujua kama kuna barabara ambayo inatengenezwa kila mwaka hata kama haina kasoro. Huwa unapata ya kwamba wanapita na matingatinga kwa hiyo barabara na kabla wamalize, pesa zimelipwa. Huu mfumo wa IFMIS utasaidia wale ambao wanadai serikali za kaunti fedha kwa kazi waliyofanya ilhali kaunti haiwalipi.

Kwa niaba ya watu wa Bungoma na Wakenya wote, naunga mkono pendekezo hili ili ninapozuru maeneo yenu, nitakuwa na kile nitakachokuwa narejelea. Iwapo nitapata mtu yeyote ameweka mkono ama kidole kwenye kikombe cha halua cha kifedha cha watu wa Bungoma, lazima atakamatwa na awajibike. Iwapo atapatikana na hatia, atawekwa korokoroni ale maharagwe na chai ya mkandaa. Tutanyakua mali aliyochota lakini yeye atabaki kule akisaga meno.

Ninashukuru, bwana Naibu Spika.

Thank you.

specific questions such as how resources have been utilised by different counties. These reports will highlight how these budgets have been put in place. Today, we had the County of Tana River attending to an invite that we had done to them. Tana River is one of the five counties that benefited. We realised that there was Kshs385 million that the county assembly had put aside for construction and all that they needed to set aside were monies for recurrent expenditure.

These are some of the things that without that knowledge, the Senator of Tana River will not be aware that Kshs385 million has been approved by the County Assembly of Tana River for construction. There will definitely be identification of any irregularities and delays within these counties as far as projects are concerned. When a committee or a Senator looks at the reports, they will be in a better position to make recommendations to stakeholders such as the Ethics and Anti-Corruption Commission (EACC) and the Office of Director of Public Prosecutions (ODPP), and action is taken. Sometimes Kenyans ask us about what we did when we realised that this happened. Our mandate allows us to recommend to the other authorities with powers to prosecute matters identified.

In conclusion, let all the 67 offices access the reports tabled, so that collectively, we can ensure that we look at all these budgets and audit reports deeply. When I served in the County Public Investments and Special Funds Committee (CPI&SFC), we were able to grill governors on audit matters. In the other committee that I serve as a Vice-Chairperson, I also have the same opportunity. When that is the case for all the other 66 Senators, then it becomes a plus in oversight.

Mr. Deputy Speaker, Sir, you come from Meru County and when you rise to speak on a matter that affects the great County of Meru, it will not just be your matter. We will all have access and a look at the issues raised by a particular Senator and how they should be addressed for the benefit of Kenyans that we represent. The only difference is that we come from specific counties, but the representation is for the Republic of Kenya.

With those many remarks, I support this Motion.

Unfortunately, in this country, we are keener on knowing the expenditure without capturing and recording the income. So, this Motion intends to make oversight better than what we are currently doing because when you wait for the report of the Auditor- General, some of those reports come three years later. With IFMIS, we will have real- time monitoring and, therefore, oversight.

What is more is that when you are not waiting for three years before you make a pronouncement as Parliament or you make an intervention as the area Senator, as the county Senator or the area Member of Parliament, then both income and expenditure in the county treasury are not transparent. I therefore laud the Senator because at the end of the day, IFMIS unifies budgeting with treasury operations and finally, with revenue management. Once you have this, it makes it easy for you to be a better oversight chief over the financial transactions that are taking place within the county treasury.

I am glad that I am speaking on this matter after my sister, Sen. Catherine Mumma, has returned to the House. I am happy that you wound up, that your advice was sought by nominated Sen. Catherine Mumma when she was attempting to amend this Motion. Allow me to allay your fears.

I could hear from your intervention that your fears are that if the reports go to the elected Senators, then the nominated Senators will not enjoy full access. There are two avenues that the Constitution allows you. I do not know it because I am not addressing you. I am addressing the country. Let me refer you to Article 35 of the Constitution of Kenya.

Article 35 of the Constitution of Kenya 2010 states as follows-

1. (1) Every citizen has the right of access to—

1. (a) information held by the State; and
2. (b) information held by another person and required for the exercise or protection of any right or fundamental freedom.
3. (2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person.
4. (3) The State shall publish and publicise any important information affecting the nation.

So, Sen. Catherine Mumma, the fact that this information has been channeled to the Senator of Kakamega---

1. 2026. This Motion that we have is time-bound for three hours. The Motion, according to its timing, should end at 1731 hours, but then I cannot see the mover here because he should get his 15 minutes to reply. I want you to spend two or three minutes to clear. Then I will give an opportunity to the two Senators queuing here to at least take five minutes each, and then we will conclude on this Motion.

time and denial of services. The contractor was not paid and the public cannot use the intended project. This could be avoided.

The people of Kakamega should know that this Motion will help me push their governor on the road from Mumias Town at Mwiboma, through Matawa, intended to extend to Indangalasia. Over Kshs400 million was released, yet the governor avoids accounting for it. We are afraid that these funds are diverted to so-called “empowerment rallies,” where millions are wasted on meaningless programmes that do not match the budget approved by the County Assembly of Kakamega.

Finally, I thank Sen. Catherine Mumma. You have no idea how proud an elder brother feels when a younger sister’s effort begins to show. This is the way to go. Many have come to Nairobi for parliamentary work, but instead turned into businessmen, joining others to steal from public coffers.

I thank you.

Real-time information for Senators is critical to their oversight role. If this Motion, which I support and urge Members to support, is implemented, Senators will receive reports monthly in real time. This will allow them to address areas where county resources have not been properly utilised.

Accumulated pending bills do not arise without reason. They result from non-compliance with the law by county governments from the office of the governor down to County Executive Committee Members (CECMs). This Motion is important because it will guide and assist them, knowing that information has already been availed to Senators by the National Treasury.

IFMIS was intended to ensure that budgets, whether national or county, comply with regulations and timelines. Procurement was expected to adhere strictly to approved budgets. One reason we have pending bills is that counties do not stick to approved budgets. They issue Local Purchase Orders (LPOs) even when they lack resources and have no intention to pay. Payments are then skewed toward friends, relatives or those offering kickbacks.

When this Motion is approved and implemented, it will help curb such shortcomings in managing county and national resources. Projects funded every financial year, but left incomplete result from non-compliance with IFMIS requirements. I hope all Members of this House will rally behind this Motion, support it and ensure that recommendations are implemented by the National Treasury.

At the end of every month, we will receive these reports and avoid voided payments, delayed payments for reasons known only to county officials and stalled projects. With monthly IFMIS reports, I will be able to speak directly to the people of Bomet and account for resources budgeted for roads or for completing the governor’s official residence that has gone beyond the budget since the project started in 2013. There has always been an annual budgetary allocation. That project never ends. By getting a monthly report from the National Treasury, I will be able to speak to the people, tell them that last year, this was budgeted for, this money has been paid, and the project is still pending. Sen. Okiya Omtatah has done a great thing, and I want to appreciate him. I support this Motion and ask all the Members to support it because it is important in supporting devolution.

To the question about whether or not this particular Motion can be amended to ensure that the report goes to all the Members of the Senate, I agree with Sen. Mumma. In the context of devolution and in the context of Kenya, 47 counties make reference to 47 counties. However, protecting devolution and conducting oversight is a shared role by all the Members. This report, therefore, should not only be submitted to the delegations of the 47 counties, but to all the Members of the Senate whose business is to protect devolution.

Mr. Deputy Speaker, Sir, I support it

Sen. Methu, proceed.

Mr. Temporary Speaker, Sir, one thing that we kept facing; one challenge that we have always constantly faced as we try to implement our mandate with regards to Article 96 of the Constitution of Kenya, is the fact that the reports of the Auditor-General actually come three years after the actual expenditure. That is why you find governors who have already left office with so many pending questions that are appearing on audit reports. I think this is the first or the second year that governors who have served for actually four years are now answering questions while in office. They kept coming to our

committees, and when you ask them, explain this expenditure, they would say, it is not me but my predecessor. You ask them another question and they say, it is not me. It is my predecessor. Now these governors who are serving will leave office but their expenditure will be outstanding. So, the governors who come after them will say that, oh, it is not my expenditure. That is why I think it is very fair that we get a monthly report from the IFMIS.

There is another thing that we faced. I am sure Sen. Cherarkey is a witness, and it will help us cure one very systemic challenge that we keep facing in the implementation of our IFMIS - the voiding of transactions. That is something that we kept facing throughout, that when you are doing your requisition, you are saying that you want to pay so-and-so. Once the money hits the county revenue fund, you pay so-and-so, but there is no way of following up this money, because this audit will come after three years.

how this money is being spent in terms of what is going to development and recurrent, if we do not have monthly reports of IFMIS.

I thank you very much.

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM CHEMASE BOARDING SCHOOL IN NANDI COUNTY

Honourable Senators, I would like to acknowledge the presence of a visiting delegation of eight teachers and 95 students from Chemase Boarding School in Nandi County who are seated in the public gallery. The delegation is visiting the Senate for an academic exposition. On behalf of the Senate and on my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

I thank you. Sen. Cherarkey, the Senator for Nandi County, in under one minute, welcome the delegation from your county.

Nyongesa Otwoma, the Governor of Busia County, and ATSI Limited, and one other, rendered a judgment that is very relevant to this information.

If you listened to Sen. Cherarkey talking earlier, he referred to a situation whereby I got attacked by hooligans or goons when I was leaving a court in Busia. I had asked for this information. Now that one year has gone, I asked to be given the record of work that the county government had done to implement the budget of Financial Year 2022/2023, so that I could also carry out my post-mortem functions to see whether the money had gone or been utilised according to the law, and effectively. I was met with resistance. I tried to push and wrote very many letters. Eventually, we ended up in court. When we went to court in Busia, goons were organised. They pelted my vehicles with stones and my people who were with me. We ran away for safety to the police.

The judge, Justice Musyoka, got concerned. He asked the Chief Justice to do two things in that case. He certified the case as raising a very fundamental issue, and asked that the case be moved out of Busia, so that it can be heard without goons interfering. The Chief Justice constituted a bench of three judges and appointed the Vihiga High Court to sit and hear the case. The judgment was rendered yesterday, in that case, Access to Information.

Mr. Temporary Speaker, Sir, allow me to read, paragraph 110 of the judgment. It is slightly long, but I will read it because it is very relevant to what is coming. I will read that as a reply.

The three-judge bench said- “The orders that commend themselves to the court are as follows- a) A declaration that the Petitioner and other Senators are entitled to personally access all information and documents held by the county governments at all times, and they must be promptly allowed full access to all information and documents on their county government’s' transactions, wherever they request for them.

1. (b) A declaration is hereby granted that given the shared oversight mandate with Senators, Members of County Assemblies (MCAs) are entitled to personally access all information and documents, their county governments’ transactions at all times and they must be promptly allowed full access to all information and documents whenever they request for them.
2. (c) A declaration that a representative of the people of his or her county to the Senate, under Article 1(2) of the Constitution, a Senator has the corporate mandate to oversight his or her county government on behalf of the people by monitoring and evaluating its policies, operations and activities.
3. (d) A declaration that in his or her official capacity as a democratically elected county leader representing the sovereign people of his or her county, pursuant to Article 1(2) of the Constitution, an individual Senator does not lose his or her rights as a citizen under Article 35 of the Constitution to access information from the county government.
4. (e) A declaration that failure by the first respondent to provide information sought under Article 35(1) of the Constitution and also to publicise the information

in accordance with Article 35(3) on the basis of the petitioner’s letters requesting for information was-

1. (i) discriminatory and a violation of the petitioner’s right to access information and to fair administrative action; (ii) a violation of Article 10 of the Constitution, specifically values of the rule of law, participation of the people, human rights, good governance, transparency and accountability; (iii) a contravention of Articles 1(1) and (2), 2, 3(1), 10, 19, 20, 21, 24, 73, 75, 96, 174, 175(a), 179(4) and (6), 201(a), 227(1), 232(1)(a), (b), (c), (d), (e), (f) and (2)(a) and (b) and 259(1) of the Constitution of Kenya 2010.

(iv) a contravention of:

1. (a) Sections 3, 4, 5, 6 and 9(1) of the Access to Information Act, 2016.
2. (b) Sections 3, 4, 5, and 6 of the Fair Administrative Action Act, 2015.
3. (c) Sections 3, 4(1), 6, 7, 8, 10, 11 and 13(1)(a), (b), (c), (d) and (e) of the Leadership and Integrity Act, 2012.
4. (d) Sections 7, 8, 9 and 10 of the Public Officer Ethics Act, CAP 185B.
5. (e) Section 96(1) of the County Governments Act CAP 265.
   1. (f) A declaration that failure by the respondents to provide information sought under Article 35(1)(a) and also to publish in accordance with Article 35(3) is a violation of the obligations imposed on him by Chapter Six of the Constitution, specifically Articles 73(1) and 75(1) of the Constitution and-
6. (i) a contravention of-
7. (a) Sections 7, 8, 9 and 10 of the Public Officer Ethics Act, CAP 185B.
8. (b) Section 96(1) of the County Governments Act, CAP 265.
9. (c) Section 166(4)(c) of the Public Finance Management Act.
10. (d) Article 19(1) of the International Convention on Civil and Political Rights (ICCPR). (ii) A contravention of Article 19 of the United Nations Universal Declaration of Human Rights and-
11. (a) Article 9 of the African Charter on Human and Peoples’ Rights.
12. (b) The Parliamentary Service (Senate Monitoring and Evaluation) (Procedure for Management of Funds) Regulations 2016. Mr. Temporary Speaker, Sir, the list is long. I just want to underline that what we are doing in this House today is on all fours with the law. Members have said that I was denied this information and that it violated so many provisions of the Constitution. The order is that the petitioner, who is me, should be given all the information and documents which the petitioner sought from the respondents vide the 15 letters in issue. I wrote 15 letters to the County Government of Busia requesting information on how they had spent their budget.

NOTICE OF MOTION

STRENGTHENING DISABILITY-INCLUSIVE EDUCATION FOR ALL LEARNERS WITH DISABILITY

NOW THEREFORE, THE SENATE RESOLVES THAT-

1. 1. The Ministry of Education, in collaboration with National Treasury and County Governments, shall within six months, develop and submit to Parliament a costed National Disability-Inclusive Education Implementation and Financing Framework outlining learner needs, accessibility gaps, support services, implementation timelines, accountability mechanisms and sustainable financing arrangements;

1. 2. The Ministry of Education reviews and harmonizes existing laws, policies on disability-inclusive education to align with the Constitution, the Competency-Based Curriculum and international obligations, ensuring adequate support for learners with all forms of disabilities;
2. 3. The Ministry of Education establishes standardized disability data collection and reporting systems and maintain a comprehensive database of learners requiring disability-inclusive educational support to inform planning, budgeting, monitoring and resource allocation; and,
3. 4. The Ministry of Education implements the recommendations of the Auditor-General’s Performance Audit on education for learners with special needs

1. (2025) and gives an implementation status to the Senate of the provisions of Section 20 of the Persons with Disabilities Act within 90 days following approval of this Motion.

BILL

Second Reading

THE ASSISTED REPRODUCTIVE TECHNOLOGY BILL (NATIONAL ASSEMBLY BILLS NO. 61 OF 2022)

(Bill deferred)

BILL

Second Reading

THE KENYA ROADS (AMENDMENT) (NO.3) BILL (NATIONAL ASSEMBLY BILLS NO.34 OF 2025)

(Bill deferred)

BILL

Second Reading

THE REFERENDUM BILL (SENATE BILLS NO.3 OF 2026)

(Bill deferred)

MOTION

ADOPTION OF REPORTS OF THE COMMITTEE ON DELEGATED LEGISLATION ON TRAFFIC RULES AND NTSA REGULATIONS

THAT, the Senate adopts the Reports of the Select Committee on Delegated Legislation on its consideration of the–

1. (i)The Traffic (School Transport) Rules, 2026 (Legal Notice No. 11 of 2026; (ii)The Traffic (Motor Vehicle Inspection) Rules, 2026 (Legal Notice No.

13 of 2026); and

(iii)The National Transport and Safety Authority (Operation of Commercial Vehicles) Regulations, 2026 (Legal Notice No. 14 of 2026); laid on the Table of the Senate on Wednesday, 10th June, 2026; and that pursuant to Section 18 of the Statutory Instruments Act, the Senate resolves to annul the Traffic (School Transport) Rules, 2026 (Legal Notice No. 11 of 2026; the Traffic (Motor Vehicle Inspection) Rules, 2026 (Legal Notice No. 13 of 2026); and the National Transport and Safety Authority (Operation of Commercial Vehicles) Regulations, 2026 (Legal Notice No. 14 of 2026).

COMMITTEE OF THE WHOLE THE PUBLIC FUNDRAISING APPEALS BILL (SENATE BILLS NO.36 OF 2024)

(Committee of the whole deferred)

COMMITTEE OF THE WHOLE THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 3 OF 2024)

(Committee of the whole deferred)

COMMITTEE OF THE WHOLE THE SEEDS AND PLANT VARIETIES (AMENDMENT) BILL (SENATE BILLS NO.4 OF 2025)

(Committee of the whole deferred)

(Committee of the whole deferred)

COMMITTEE OF THE WHOLE THE CULTURE BILL (NATIONAL ASSEMBLY BILLS NO.12 OF 2024)

(Committee of the whole deferred)

BILL

Second Reading

THE COUNTY GOVERNMENTS LAWS (AMENDMENT) BILL (SENATE BILLS NO.52 OF 2024)

(Bill deferred)

BILL

Second Reading

THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO.49 OF 2023)

(Bill deferred)

BILL

Second Reading

THE LIVESTOCK PROTECTION AND SUSTAINABILITY BILL (SENATE BILLS NO.32 OF 2024)

(Bill deferred)

BILL

Second Reading

THE STREET NAMING AND PROPERTY ADDRESSING SYSTEM BILL

(Bill deferred)

BILL

Second Reading

THE KENYA HEALTH PRODUCTS AND TECHNOLOGIES REGULATORY AUTHORITY BILL (NATIONAL ASSEMBLY BILL NO.54 OF 2022)

(Bill deferred)

MOTION

ADOPTION OF REPORT ON SESSIONAL PAPER NO.1 OF 2025 ON THE FOREIGN POLICY OF THE REPUBLIC OF KENYA

THAT, the Senate adopts the report of the Standing Committee on National Security, Defence and Foreign Relations on Sessional Paper No. 1 of 2025 on the foreign policy of the Republic of Kenya, laid on the table of the Senate on Tuesday, 31st March, 2026.

MOTION

NOTING OF REPORT OF SELECT COMMITTEES DURING THE THIRD SESSION (2024)

THAT, the Senate notes the Report of the Liaison Committee on the activities and operations of Select Committees during the Third Session (2024) pursuant to Standing Order 224 (2), laid on the Table of the Senate on Wednesday, 28th May, 2025.

MOTION

NOTING OF REPORT ON ACTIVITIES AND OPERATIONS OF SELECT COMMITTEES DURING THE FOURTH SESSION (2025)

THAT, the Senate notes the Report of the Liaison Committee on the activities and operations of Select Committees during the Fourth Session (2025)

pursuant to Standing Order 224 (2), laid on the Table of the Senate on Thursday, 18th June, 2026.

We may now rise.

ADJOURNMENT