February, 12, 2026 SENATE DEBATES 1

Thursday, 12th February, 2026

Clerk, do we have quorum?

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

Hon. Senators, I would like to acknowledge the presence in the Speaker's Gallery this afternoon, of a visiting delegation of 11 members of staff of the Department of the Serjeant-at-Arms from the Parliament of Uganda. The delegation is on a benchmarking visit to the Parliament of Kenya.

Hon. Senators, 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 call upon the Senate Majority Leader to extend a warm welcome to the delegation.

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Mr. Speaker, Sir, I thank you for this chance.

I join you, on behalf of my colleagues, to welcome the visiting delegation from the Parliament of Uganda. This is one of the Parliaments that we have the closest working relationship within the region and across the continent. They continue to interact with us and exchange knowledge between members, staff and various people within the circle of Parliament.

I do not know the exact nature of their training, but I have been informed that they are Serjeant-at-Arms, who play a very crucial role in ensuring that Members are safe and orderly.

Mr. Speaker, Sir, I cannot promise that there will be no work for them today. This is because this House sometimes is at five degrees at 2.30 p.m. and by 2.31 p.m., it is 95 degrees and boiling. So, in case it gets hot, they are free to join and carry out some exercise.

I hope they get the full value of the time that they have taken to be with us here in Kenya.

I thank you.

Next Order.

Sen. Seki, take your seat or you respectfully exit the Chamber, because I could see you are leaving.

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Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Thursday, 11th February, 2026-

February, 12, 2026 SENATE DEBATES 4 FOURTEENTH REPORT OF THE PSC ON COMPLIANCE TO VALUES AND PRINCIPLES OF THE CONSTITUTION

Order, Hon. Senators. Sen. Methu, the Majority Leader must be heard in silence.

Proceed, Majority Leader.

Thank you, Mr. Speaker, Sir. Report of the Auditor-General on financial statements of Tudor Sub-County Level 4 Hospital, Mombasa County Government, for the year ended 30th June, 2022.

Report of the Auditor-General on financial statements of Coast General Teaching and Referral Hospital, County Government of Mombasa, for the year ended 30th June,

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Next Order.

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Mr. Speaker, Sir, I beg to give notice of the following Motion-

THAT, pursuant to Standing Order No.32

(1)

, the Senate approves its Calendar

(Regular Sessions)

for the Fifth Session

, laid on the Table of the Senate on Thursday, 12th February, 2026.

Is Sen. Hamida Kibwana not here? That business is dropped.

Thank you, Mr. Speaker, Sir. I beg to give notice of the following Motion-

THAT AWARE THAT, the Crops

(Bixa)

Regulation

were tabled in the Senate on Thursday, 25th September, 2025 and referred to the Select Committee on Delegated Legislation for consideration pursuant to Section 12

(1)

of the Statutory Instruments Act;

COGNIZANT THAT the Committee is required to make a report within 28 sitting days after the date of referral of the instrument by the Senate pursuant to Section 15 (2) of the Statutory Instruments Act which will lapse on Tuesday, 17th February, 2026;

AWARE THAT Section 15 (3) of the Statutory Instruments Act provides that by a resolution, Parliament may extend the time for consideration of a Statutory Instrument by a period not exceeding 21 calendar days---

Senator for Nandi and Senator for Nyeri, kindly take your seats. Sen. Sigei---

NOTING that the Committee requires more time to consider concerns raised by the stakeholders on the regulations;

NOW THEREFORE, the Senate resolves to extend the timeline for the consideration of the Crops

(Bixa)

Regulations

for a

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Majority Leader, there is a Paper you are supposed to lay.

Mr. Speaker, Sir, these are additional Papers for laying. I beg to lay the following Papers on the Table of the Senate, today, Thursday, 12th February, 2026-

February, 12, 2026 SENATE DEBATES 9 REPORT OF THE AUDITOR-GENERAL ON REFERRAL OF STATUTORY INSTRUMENTS AND PAPERS

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Sen. Osotsi and Sen. M. Kajwang’, kindly take your seats.

Hon. Senators, I have a Communication to make regarding the budgeting process for the next financial year.

As you may have noted, the Senate Majority Leader has tabled the following documents-

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February, 12, 2026 SENATE DEBATES 13

Statements pursuant to Standing Order No.53 (1) . The Senator for Kisumu County, Sen. (Prof.) Tom Ojienda. You have four Statements.

Mr. Speaker, Sir, I have four Statements this afternoon. I would like to start with the Statement on agricultural land restoration in Kisumu County.

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Sen. Kinyua and Sen. Thang’wa, kindly take your seats.

Mr. Speaker, Sir, my second Statement is on criminal gang activities and public security in Kisumu County.

I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of countywide concern regarding criminal activities and public security in Kisumu County.

In the recent past, Government agencies have mounted operations targeting criminal gangs implicated in extortion, robbery and other violent acts within Kisumu County. These operations follow heightened concerns over rising insecurity and threats to the safety and wellbeing of residents. The situation has raised public alarm and calls for clarity on the measures being undertaken to restore order and safeguard communities.

In the Statement, the Committee should address the following-

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Next is the Statement pursuant to Standing Order No.57 (1) by the Senate Majority Leader.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.57 (1) to present to the Senate the business for the week commencing 17th February, 2026. Before I proceed with this Statement, allow me to take this opportunity, on behalf of the leadership of the Senate, to welcome hon. Senators to the Fifth Session of this term of Parliament.

Mr. Speaker, Sir, as you rightly observed in your communication to the Senate on Tuesday, 10th February, 2026, our in-tray is already full with business. Allow me to once again highlight the key legislative business that we need to transact in this Fifth Session.

Dear colleagues, we have 64 Bills that are pending conclusion, of which 42 are at the Second Reading, 18 are at the Committee of the Whole, and four are awaiting First Reading, two of which are scheduled on today’s Order Paper. Four Motions are pending conclusion.

We have 19 petitions that are pending conclusion by the respective standing committees. We have 430 Statements pursuant to Standing Order No.53 (1) that are under consideration by committees. They do not include the four by Sen. (Prof.) Ojienda. He has just added to the in-tray.

Mr. Speaker, Sir, at some point, you may have to give guidance on how many Statements are allowed per Member and the activity in the committees where they are Members. We need to be sure that you are processing other people’s business, so that we consider yours.

Given that this is the penultimate session of the parliamentary term, it is crucial that we seize the opportunity to cement the legacy of this Senate and set the foundation for what this Senate will be remembered for. To this end, I implore upon colleague Senators to be serious with the business listed on the Order Paper every afternoon any day that this House has a sitting.

Similarly, I urge Senators to accord equal priority to committee meetings and sessions in order to conclude the business pending before them. I further urge the party whips to ensure that the requisite number of county delegations is attained to enable the Senate to undertake divisions when due.

Mr. Speaker, Sir, on Tuesday, 17th February, 2026, the Senate Business Committee (SBC) will meet to consider the business for the week. The tentative business for that day will include business not concluded from today’s Order Paper as well as business indicated in the Notice Paper.

The tentative business for the morning and afternoon sittings on Wednesday, 18th February, 2026, will include the business not concluded from Tuesday’s Order Paper and the following Bills at the Second Reading stage-

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Hon. Senators, I will allow comments on the requests that have been made under Standing Order No.53 (1) .

Senator for Nandi, Sen. Samson Cherarkey, proceed.

Mr. Speaker, Sir, I thank my convincing lecturer of law. He is hardworking and thus was worried about the number of statements he has. I have known him as our lecturer. He used to teach us for almost three hours non-stop. I can see he still has the same energy and zeal. This is my real teacher, not any other who is proclaiming somewhere else; others were librarians.

On this issue of criminal gangs, there is a certain emergence of criminal gangs in this country that is causing a worrying trend. Yesterday, I saw the police trying to repulse alleged criminal gangs here in Huruma, Nairobi. There was also a girl by the name Sheryl who was shot in Makadara Constituency the other day.

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Yes, Senate Majority Leader.

Mr. Speaker, Sir, I am concerned because earlier this afternoon, we had a meeting of the leadership of the House, with regard to certain matters that are of public interest concerning the things that the Council of Governors (CoG) has raised and we resolved that you were to give a communication. I am surprised that it is 3.30 p.m., an hour later, and you have yet to speak to the House.

It is important that the country is updated on this matter. There are certain things that I, as a Senator and Majority Leader, that I and my colleagues want to talk about. I do not know what is happening. We need your guidance on this matter.

If there are editing challenges, some of us are very fluent in that. I can volunteer and I will do better than Sen. Wamatinga, who has brought a new device that has a Democracy for the Citizens Party (DCP) sign and yet, I know he belongs to the United Democratic Alliance (UDA) party. If you look at one of the symbols on this tablet, it is something that Sen. Wamatinga deserves punishment from the party that sponsored him to Parliament.

Senate Majority Leader, what guidance do you require from the Chair?

Mr. Speaker, Sir, when will you give that communication because certainly, that is the most important business that

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Yes, Sen. Kathuri.

Mr. Speaker, Sir, it is only that the Senate Majority Leader has left the podium before I informed him. I have been around for some time and Communication from the Chair has never been a public debate. Even if you had a meeting somewhere with the House Leadership, no Senator can pre-empt what you want to do on matters of Communication from the Chair because this House will sit up to 6.30 p.m.

Therefore, I feel that the Senate Majority Leader should give you time to settle down, even though he wants to hammer a point somewhere. That communication is weighty; therefore, he should give you time to relax and do it at the right time.

Thank you.

Sen. Enoch, proceed.

Thank you, Mr. Speaker, Sir. Two things: one, I think the Senate Majority Leader is speaking from a position of information. He is privy to a discussion where we all sat as leaders. Having interacted with our colleagues before and after that meeting, the expectation on the part of our colleagues is that we need to put this matter to rest.

I think the concern is coming from what he began by saying that Sen. Tom Ojienda has had an opportunity to seek four Statements and Members have started contributing to them.

Mr. Speaker, Sir, as he has said, and he said that looking at me, I do not know why, if there is a problem or a challenge with editing, yours truly is a journalist of long and good standing. I could give pro bono service to edit the document, we lay it on the Floor, we put that matter to rest and move on to the next business.

I submit.

Hon. Senators, this is a very weighty matter. It is a matter that touches on the conduct of the business of the Senate because once you discuss one committee of the Senate, it is basically discussing the Senate. Therefore, I undertook to make a communication today regarding the same. Give me 15 minutes, I will be making that communication. My plea to you is; please, do not leave the Chamber until that communication is made because it is extremely important that you listen to that communication and thereafter, of course, I will give an opportunity to Hon. Senators to comment on the same.

So kindly, stand guided. I plead for only 15 minutes and then, I can make the communication. In the meantime, we will proceed with the comments on the statements that have been sought pursuant to Standing Order No.53 (1) .

Asante, Mhe. Spika, kwa kunipa fursa hii kuchangia taarifa iliyoletwa Bungeni na Seneta wa Kisumu, Sen. Tom. Ojienda. Magenge ya majambazi ambao wanazurura na kuhatarisha maisha ya watu ni jambo ambalo limekuwa la kawaida

February, 12, 2026 SENATE DEBATES 20

Thank you very much, Mr. Speaker, Sir, for the opportunity to make my comments, especially on this statement that has been sought by Sen. (Prof.) Ojienda on the existence of gangs in most of our towns. The one thing that we cannot allow and must condemn is the creeping back of lawlessness in our nation.

On my comments, supporting the statement that has been sought by Sen. Ojienda, is my complaint on the, number one, laxity of the National Police Service (NPS) in tackling this particular issue, which is a threat to our national security. You have seen a very dangerous trend of occasionally, especially in political engagements, of armed gangs being escorted by the NPS. This may look fashionable, especially when you have some opponents that you are running against. However, if we allow the gangs to exist today, tomorrow when the opponent will not be there, you will be the opponent that they will be engaging. A case in point is the very infamous Witima Church attack. You saw criminal gangs being escorted by police in uniform, by police vehicles. This is something that must be condemned.

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Hon. Senators, if you get an opportunity to speak, do so for not more than three minutes.

Asante, Bw. Spika kwa kunipa fursa hii. Ninasimama kuunga mkono taarifa iliyoletwa na Seneta was Kisumu, Sen. Ojienda, kuhusu makundi ya magenge au majambazi.

Magenge haya, kwa muda mchache, yanaonekana kuongezeka. Hivi juzi tu ninakumbuka kulipokuwa na maandamano ya vijana hapa Nairobi, tuliona magenge haya yakiwa yamebeba silaha yakitembea na kusema ya kwamba wao wamekuja kulinda amani.

Magenge ya majambazi na vikundi haramu vimeendelea kuongezeka ilhali tuna maafisa wa usalama na asasi nyingi ambazo Wakenya wanazitolea ushuru. Ningependa kumwuuliza Inspekta Generali wa Polisi avalie njuga jambo hili kwa sababu Wakenya wanaendelea kusononeka na kuishi kwa woga kwa sababu ya vikundi hivi.

Ukitembea Laikipia, katika vijiji, utapata vikundi hivi kila Ijumaa wakitembelea maboma na kusema ya kwamba wanataka kupewa kiasi fulani cha hela ili kulinda usalama ilhali Wakenya tuna maafisa wa usalama wa kutosha ambao wanapaswa kutulinda. Ni jukumu la serikali kulinda mali na maisha ya wananchi.

February, 12, 2026 SENATE DEBATES 23

Thank you, Mr. Speaker Sir. I have listened to my colleagues, comment on the issue of gangs as I rise to support this statement by the distinguished Senator for Kisumu Sen. Ojienda. What I have not heard is how we tackle this problem.

I have heard my colleagues pointing a finger at the police, saying the police are the ones who are failing in their jobs, and that the police should deal with this matter. The distinguished Senator, who just spoke last, said that we have one of our own, who is now in charge of the security docket. That, he should be dealing with this thing. My concern is that we are missing the point. The best way to deal with the issue of gangs is for us to study the root cause of these gangs.

Mr. Speaker, Sir, from the top of my head, I can think of two issues. One, which is very major, is unemployment. Number two, is that unless we deal with the issue of rural-urban migration, there is no day that we will stop having problems in cities like Kisumu, Nairobi and Mombasa. So, the first thing we must do as the Senate of this Republic, is to work with our county governments, and for our county governments to re- engineer their County Integrated Development Plans (CIDPs) , to incorporate projects that can provide employment to the youth.

Mr. Speaker, Sir, the National Youth Service (NYS) has produced the best technicians, engineers and boiler operators. Why do we not think of a way that Mombasa, Kilifi and Nairobi counties will look at their CIDPs and readjust, so that we can end the issue of unemployment.

Mr. Speaker, Sir, it is no brainer that gangs thrive as a surrogate for jobs, offering income, protection and purpose to idle youth. If you go to Kibera today, there are so many idle youths. Of course, when a gang comes, it will thrive as a surrogate, offer protection, give them jobs and they make money. So, the idea is that we now need to look at our social position and families. We must mentor our youth and provide them with jobs to end this unemployment.

Mr. Speaker, Sir, I bet you, if one of us was unemployed and the only way for you to make ends meet is to join a gang, I am sure most of us here would have joined gangs. So, instead of pointing a finger, let us look at the root cause of this problem. There is a lot of socio-economic marginalisation of our youth. If you look at towns like Kibera or along Waiyaki way, there are people who have migrated from Western Kenya to come and look for jobs here. Now---

February, 12, 2026 SENATE DEBATES 24

Sen. Gataya Mo Fire, please proceed.

Mr. Speaker, Sir, I have captured the sentiments raised by Prof. Counsel Tom Ojienda over the levels of insecurity in Kisumu County. We have been around the country for a long time and we have flagged these issues for quite some time about the levels of impunity and insecurity across the country.

In my opinion, we have to associate some of these issues with the politics. I have seen some instances where some of us who are in the political space--- Today I listened to one of my good friends, Sen. Wambua, when he was lamenting about the cartels in Kitui County before the Inspector General (IG) of Police. The IG categorically asked whether the County Government could be involved. Some of these things are manufactured just under our watch. If you cut across many spaces in the country, you will find some governors who have turned law enforcement officers into militias. During campaigns, we have seen some people who commit crime and walk away, scot-free, without being apprehended. We have deep issues to address, away from the way we are trying to handle them. We are breeding some serious levels of impunity, which are likely to eat into our morals and ethics.

So, Mr. Speaker, Sir, this is a matter that needs a national conversation. It is not a light matter that we can easily discuss. Some individuals in this country, out of levels of connections, have in one way or the other, manufactured serious issues to do with impunity, where people commit crime and walk away.

I have witnessed some instances during campaigns. Some politicians walk along with militia, carrying weapons, rungus and stones, terrorizing other opponents. We need to address this as a country, regardless of our political affiliations and where we want to push our politics. It all revolves around politics. We do not have to treat anybody with levels of “you cannot be touched”. It is an issue, that needs national conversation, and it requires---

Sen. Hezena, please proceed.

Thank you, Mr. Speaker, Sir. I rise to contribute to the Statement by Senator for Kisumu County, Hon. (Prof.) Tom Ojienda, on the rise of gangs. From the contributions of my colleagues, it is clear that the rise of gangs has become the newest menace across the country. I have heard of a county in the east, west, southern, coastal part, and even worse, we now have gangs in Samburu County.

Mr. Speaker, Sir, it is very sad to announce that we had lost a young man by the name Kevin Kimani, who was shot at night and his chicken stolen in Maralal Town a few days ago, and was buried at Ol Moran in Laikipia County.

It is very unfortunate that we have to lose young lives of very hard-working young people who have decided to chart a new path for themselves and eradicate or fight poverty in their families. That was a young man doing chicken business, being attacked by another idle man, probably high on drugs or just being notorious.

Mr. Speaker, Sir, when we address the root cause of some of these things, at the centre of it you will discover that there is an element of drug abuse, unemployment,

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Sen. Tabitha Keroche.

Thank you, Mr. Speaker, Sir. I also rise to support the statement made by the Senator for Kisumu County, Sen. (Prof.) Tom Ojienda, SC, on the issue of criminal gangs. Nakuru is notorious for these gangs, who now rob residents in broad daylight. This menace is scaring away investors, especially in Nakuru, which is a business hub.

I urge the Inspector General (IG) of the National Police Service (NPS) to act swiftly to stop this crisis. If these gangs are not dealt with, even His Excellency’s efforts to support youth and entrepreneurs through the National Youth Opportunities Towards Advancement (NYOTA) Programme will be undermined. The IG must move quickly to restore peace and protect residents. People keep asking: where are the police when robberies happen in broad daylight? The police must be supported to ensure their presence is felt everywhere, so that criminals know they will be arrested. We cannot allow investors to be scared away from cities like Nakuru, Nairobi, Mombasa and Kisumu.

Thank you, Mr. Speaker, Sir.

Sen. Maanzo.

Thank you, Mr. Speaker, Sir. I wish to comment on Sen. (Prof.) Ojienda’s request for a statement from the Cabinet Secretary for Interior and National Administration. Gangs have become a serious menace. The worst is when they appear at political rallies, creating uncertainty and risking injury to both leaders and the public. At times, gangs operate under police protection, as witnessed during demonstrations in the city or even what was witnessed recently in a church in Nyeri.

Why should people without uniforms or police numbers be allowed to act this way? We have seen attacks where bullets and tear gas canisters were used recklessly, like the attack in Nyeri. This must stop because it endangers everyone. Even when Parliament was stormed, attackers broke windscreens indiscriminately, targeting both government and opposition members. This House must take the matter seriously.

The government must also address the difference between the rich and the poor. When wealth is not distributed fairly, when youth lose hope and when graduates remain

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Hon. Sen. Andrew Omtatah.

Mr. Speaker, Sir, thank you for the opportunity to contribute to the statement on the floor on the armed gangs mushrooming across the republic. I would like to take off from where the Senator for Makueni County has left. He mentioned that gangs are even stealing food from farms. We must examine the economic relationship between the struggling economy and the rise of gangs. Many are mobilised for very little money, simply to survive. We must address the ecosystem that enables them.

If my memory serves me right and as a Catholic, I recall that Pope Paul VI, in his 1967 encyclical “Populorum Progressio”, “The progress of the People”, he said; “The new name of peace is development.” We must make our people rich. If we continue stealing from this country and turning it into a basket case, we cannot expect anything other than a scavenger culture thriving across the nation. Those destroying the economy must stop. The police cannot and will not be able to contain a country where people are hungry. Simply trying to cover up the problem will not work. We must drain the swamp and the swamp is the bad policies that are impoverishing this nation. Let us focus on developing our people.

As Pope Paul VI said, “The new name of peace is development.” Development will rid us of these problems. If we make our people poor, they will inevitably resort to survival tactics and we cannot blame the police for that. The police cannot patrol every inch of this country. Let us build a thriving democracy and many of these problems will disappear. Once again, I urge those who are destroying this country by stealing from public coffers to stop and allow development to take root.

Thank you.

Hon. Senators, I have the following communication to make.

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I thank you, Mr. Speaker, Sir, for granting me this opportunity to join you and my colleagues to welcome the visiting delegation comprising of two teachers and students from Kalonzo High School in Kitui school which is situated in Mwingi Central Constituency, which is part of Kitui County.

I take this opportunity to encourage the students and their teachers to continue working hard and smart to ensure that the values that have been so well espoused by the Senator for Busia can begin to take root even from our own classrooms. A thriving democracy is important for development to take root in this country and that the new name for peace is development.

The students will commit themselves to take their studies a lot more seriously, to aspire for greatness, including some of them aspiring to be Senator of Kitui in the near future.

I thank the administration of the school for choosing to bring the students into the August House, the upper house of the Parliament of the Republic of Kenya, the Senate and I hope that their stay and interaction with the proceedings of the Senate meet the expectations and that as they prepare to go back home, they will go back better equipped, better motivated, and that they will be good ambassadors of the Senate and the work that goes on in the Senate.

Mr. Speaker, Sir with those remarks, I join you and my colleagues in welcoming the delegation.

I thank you.

Senators, kindly take your seats. Now, Hon. Senators, this is the Communication that the Majority Leader was seeking earlier on.

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Mr. Speaker, Sir, I thank you for your communication. That gives me a little bit of comfort, at least, knowing that the leadership and you, have addressed and given this matter the weight it deserves because as we sit here today, we stand accused because of the actions of governors who instead of choosing to pursue whatever grievances they may have with a committee of this House, have decided to cast aspersions, name and say many unhelpful things which many of us took great exception of.

Mr. Speaker, Sir, I am glad and I appreciate your wisdom in the communication that you have given. Just to provide clarity, I hope I heard you clear that for us to have that meeting as the leadership of the House on 26th February, 2026 that is pegged on the conduct of governors continuously appearing before our oversight committees. If any of them fails to appear, then let the law follow its course because the Parliamentary Powers and Privileges Act as well as other laws provide for what to do with errant members of the public who fail to appear or honour parliamentary summonses.

Parliamentary summonses are equivalent to an order of the High Court of this republic. Therefore, they can never be waived by a decision of people who are cooling breeze and enjoying themselves in Kilifi then decide to incite each other like Form Two students by saying that they will no longer appear before the Senate. That should not be entertained.

Mr. Speaker, Sir, you cannot behave in an undignified manner then you address the House from all the corners of the country by saying whether you shall come or not. That can never be waived; not even by you or this House because the Constitution sits at the apex of constitutional order in this country and it has placed a responsibility on this House on what to do when there are matters of concern.

I would have appreciated what I expect a decent governor to do. If you feel that you have been harassed by a Member of a certain committee, for example, somebody has reached out to you inappropriately, you should write to the Speaker saying you have an issue that you need to bring to their attention because you are the umpire of this House who ensures that everything that we do and how we operate is in accordance with the law, statutes and the Constitution. By doing that, you would have guided them on how to

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Proceed, Sen. M. Kajwang’.

I think, in the wisdom of the Speaker, he has allowed me to speak. I am not accused; it is the House that is. I must speak for the House rather than for myself.

Mr. Speaker, Sir, I have seen my name circulating in what I would call gutter press, but that does not scare me. What scares me is the point when this House becomes neutered, rendered weak and ineffective and micromanaged by the CoG. That must be the focus. It is not about Kajwang’ or Sifuna or Cherarkey or Mwaruma. It is about this institution where I have chosen to serve for the past 10 years.

We have never had a situation where the CoG attempts to define and dictate who sits in which committee. It is unfortunate that today, the CoG has close to five governors who have been ranking members of this House. They include; the former Speaker of this

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Sen. Murango, proceed.

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Asante Bw. Spika. Kwanza, ni kweli kwamba, yaliyosemwa na magavana hayajasemwa kuhusu wachache wetu, ila, yamesemwa kwetu sote. Ukiona manyoya, ujuwe imeliwa. Kitu ambacho sikuelewa ni kwamba, walipoongea yale maneno ambayo walisema, hawakusema kama kuna kitu walipeana. Hawakuwa na shida na kusema hayo, walikuwa na shida kwa sababu wanaitwa kuja katika kamati tofauti. Mmoja wao alisema kwamba ni vizuri kukosa kuja kwa sababu ile faini ambayo wanapewa huwa nafuu. Kwa hivyo, shida yao haikuwa pesa.

Kwa wenzangu waliotajwa, wasijali kwa sababu wa kuzungumziwa sifa nzuri huwa ni marehemu pekee yake. Kwa hivyo, sisi tutasemwa kwa sababu lazima tutafanya kazi. Kuna kazi ambayo tumepewa kuiangalia katika kamati ya uhasibu. Mrina haogopi nyuki, kama anaogopa nyuki, hakuna vile atapata asali. Kwa hivyo, wakati kamati ya uhasibu inafanya kazi, musiogope kusemwa kwa sababu mtasemwa.

Mwenye kiti; mtu akija amekosea, fyeka yeye. Sen. Cherarkey, mtu akija ameiba pesa ya umma, fyeka mbali. Kama kuna kesi, itakuja baadaye tutaisimamia na kuisikiza. Tukubaliane hawa magavana tabia zao tunazozijua. Wanataka kwanza watuuzie uoga ili tuachane na wao waendelee na ubadhilifu wa pesa na watuondolee zile nguvu tumepewa kikatiba.

Bw. Spika, nilipowaangalia wale waliokuwa wakiongea--- Ukienda kula chakula halafu upate unywele kwenye chakula, huwa inashukiwa zaidi kama mpishi ana kipara. Unaanza kujiuliza, zile nywele zilioko kwenye chakula zimetoka wapi. Wale waliokuwa wakiongea pale na kutoa taarifa, ni kama mpishi ambaye ana kipara. Wako na madoa. Mmoja ni yule aliwasha mti, “kichaka” ya kusheherekea sikukuu kwa shilingi milion tano - ndiye alikuwa anatoa taarifa na kejeli wakifikiri ya kwamba sisi tutawaogopa. Tutaendelea kusema.

Mstahiki Spika, nikimaliza, naona kwamba uhusiano wetu na magavana ni mzito sana. Ni kama ndoa ya kobe na simba marara. Hii ni kwa sababu ndoa kama ile, siku zote mkianza kutembea, huwa ni malumbano kwa sababu kobe hana mwendo na simba marara ana mwendo. Hii ndoa yetu na magavana lazima tujue tunaenda nayo mpaka wapi. Hii ni kwa sababu kila siku magavana wakienda waongee maneno hayana maana, sisi kazi yetu in kuwapapasa. Mimi nasema kwamba mshale ukija usiku, unarudishiwa njia hiyo ya usiku. Tusije tukawabembeleza tena. Hii ni kwa sababu wamezoea. Tukiuliza maswali ambayo yanafaa katika kamati husika, badala wajibu wanachukua miezi na wengine karibu hadi miaka. Tunapowauliza maswali hapa wanaanza kuwa wakali.

Ni sadfa kwamba ripoti ya mkaguzi mkuu, wakati inapotoka, wakati wanaanza kuitwa ndipo wanaanza kulalamika. Kwa nini basi hawakuwa wanalalamika mmoja? Tangu lini katika mbio za farasi, ng’ombe amekuwa mshauri? Kwa hivyo hakuna vile tutachukua wosia wa magavana. Ni nani atakaa kwenye kamati? Kesho watakuja waseme hatutaki huyu, tunamtaka Mundigi, hutataki huyu – kama ni hivyo, kwa nini basi tuwe na Seneti? Mtu kama anataka kusamehewa aende kanisa na afuate Biblia huko lakini ukija katika Seneti, utajibu maswali, ataudhika lakini lazima utakuja kuwajibika useme pesa za wananchi zimeenda wapi.

Nitamalizia kwa kusema kwamba sijakaa kwa muda mrefu katika Seneti. Lakini ujue kwamba yule anayetaka kukumaliza ukiwa na jeshi lako, ataanza kuua mwanajeshi

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Thank you Mr. Speaker, Sir. Let me appreciate you for taking your time to defend this House and for your communication. I am quite saddened by the position taken by the CoG; a unity that will not save any individual governor from accountability. Regardless of the allegation, oversight is a must. These governors know very well that the Senate has been established by statute; by the Constitution, to defend the interests of the counties and their governments. Why is it that it is okay and we are the darlings of governors when we are fighting for them to get more monies? Why is it that it is okay for us to fight among ourselves when we want more monies to go to our counties, but it is not okay for county governors to be able to come and to be held accountable?

The Senate does not audit county governors. The audit is carried out by the Auditor-General. Today, Kenyans will be shocked when they hear facts. I will take a minute or two, to highlight certain facts which have been laid by the Auditor-General on specific counties. Today, I have taken it upon myself to call upon the EACC and the ODPP to proceed further and investigate.

Number one, if you look at the issue of Kisii County, and I will be very candid on this, there is an issue of ongoing unsupported work expenditures and post-audit adjustments masking potential fraud. Those are not the words of my colleagues in the CPAC. They are not the words of this Senate. That is a finding of the Auditor-General.

Wajir County; there are large unsupported payments with inadequate documentation risking ghost northern projects. Those are not my words. Those are the Auditor-General. In Nyeri County; there are delayed reconstructed accounts and near-end expenditures, surge-suggesting concealment. Those are not my words. Those are the words of the Auditor-General.

Mandera County; there is a chronological impossible payment, predated invoice, and bulk voucher without verifiables. Let us move to Busia County where there is irregular pre-audit approvals and phantom supplies disbursements. I am particularly perturbed by Bungoma County because the current governor sitting there was sitting in the chair. The auditor has cited serious issues, including split transactions to a VAT threshold and repeated vendor overpayment. If you go to Embu County, which my colleagues have already alluded to, there are specific issues to do with cash control lapses and unverified advances in service delivery.

Let us move to Homa Bay County. Let us all be candid today. There is disputed bursaries, health allocation denied to the end beneficiaries. If you go to school, the

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Thank you, honourable Speaker, for the opportunity to give a comment or two on this matter that has really elicited a lot of public attention. Even without going very far, the role of the Senate is very, very clear, like day and night. This House, as in Article 96 (3) determines the allocation of national revenue among counties, as provided in Article 217 of the Constitution of Kenya, and exercises oversight over national revenue allocated to the county governments.

Without translating or trying to get letters from the CoG, the Constitution is very clear. What they are requesting you to do, is to suspend members of the CPAC, not to appear many times in the Senate, and that they should be appearing only once during the audit process that is between January and March.

Mr. Speaker, Sir, you have no power to do that. What they are asking you to do is to save someone who is going to die, yet you have no power to do that. The Constitution is very clear. You cannot suspend it. Actually, you should take these people to court because they are actually trying to give you more problems.

I remember this House since we came in 2022. During the Financial Year 2023- 2024, we allocated Kshs354 billion to the counties. The following year, 2024-2025, this money went to Kshs387 billion. In the Financial Year 2025-2026, it moved to Kshs415 billion.

I remember in the year 2024-2025, before the Financial Bill, we allocated Kshs405 billion, and we agreed. I was the co-chair of the mediation committee between myself and Hon. Ndindi Nyoro. When we were negotiating, governors were calling me every time. They were happy, clapping that we were determined to give them more money. If more is given to you, more is expected from you as in accountability. They were very happy indeed. They are always happy when we are discussing money issues in this Senate.

Mr. Speaker, Sir, you know we are champions of devolution. We are always telling the national Government, please devolve functions and also devolve resources to the counties, but then, what are we getting for from the governors? They are really throwing rotten egg to the Senate.

You know the Senate does not; the CPAC and CPISFC do not summon the CoG to appear before these committees. It is the responsibility of that particular governor to account for the resources that go to his county, but the failing governors just call for a meeting so that now all of them can do what we call mob justice to the Senate. Today, tomorrow, the following day, there will be no invitation coming from you and the Clerk of the Senate going to the CoG. Letters are written directly to the respective governors because the accountability is not joint. It is the particular governor who should account for the resources.

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Hon. Senator, you have done 10 minutes. I will add you one minute to conclude.

Mr. Speaker, Sir, sorry, but this is a very juicy topic because that is why we were elected by the people we represent, to take care of the counties.

As I was saying, Chairpersons, please let us have clear reports after this, so that we scrutinise your findings after 30th March.

Thank you, Mr. Speaker, Sir.

Sen. Wambua, please proceed.

I thank you, Mr. Speaker, Sir. Mr. Speaker, Sir, I would like to also join my colleagues to congratulate you for the bold decision, and the official communication that you have issued concerning the appearance of governors before committees of the Senate.

First of all, it is baffling to see governors, who are supposed to be heads of county governments, coming together and instead of discussing important issues affecting our counties, they are busy picking and choosing where to appear and where not to. They have even taken the joke further and want to take it upon themselves to be the people determining which Senator sits in which committee. As if that is not enough, they have issued a flimsy threat that if their conditions are not met, they are not going to appear before committees of the Senate.

Mr. Speaker, Sir, let us speak to these governors straight. The choice of whether to appear or not is a choice between good and evil, and is a personal choice. You can choose to disobey or obey the law. You can choose to be guided by the Constitution or not. There can never be any aspect of collectiveness in that decision. You cannot tell us that you have decided as CoG that you will not be appearing. The CoG does not make accountability decisions for individual governors.

Mr. Speaker, Sir, secondly, I want to remind the county governors that the appearance before Senate committees is so important that it is astonishing that one would even think that they can invite the Speaker of the Senate to join them in subverting the Constitution. They are asking the Speaker to join and agree with them that certain things need to happen for them to appear before the Senate. No person, even the President himself, and I want Sen. Cherarkey to hear this, let alone the governors who represent smaller constituencies compared to the President--- Under the Constitution, Article 132 under the functions of the President, the first function of the President is to appear before Parliament. That is in the Constitution. That is the first function assigned to the President.

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Your colleagues are waiting on the queue. You can see the traffic flow coming to the Chair because they want to speak on this. Add him 30 seconds to put a full stop.

Mr. Deputy Speaker, Sir, why 30 seconds? You have given out one minute just a few minutes ago. You cannot extend the same favour to your colleague?

The Deputy Speaker (Sen. Kathuri) : I am the Deputy Speaker.

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I am the Deputy Speaker.

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Mr. Deputy Speaker, Sir, surely you cannot extend the same favour to your colleague?

You are still--- Trace the time.

Mr. Deputy Speaker, Sir, I submit.

Hon. Senators, there is a problem with the system. I cannot see most of your requests on the screen. You can make your requests again, especially if you cannot see any light on your gadget.

Sen. Wafula, Senate Majority Whip.

Thank you, Hon. Deputy Speaker, for this opportunity for me to ventilate. I request the Speaker to protect me from Sen. Faki. He is yelling in the House. I want to weigh in on this matter, where governors are behaving as if there are no rules and Constitution in this country. I watched them talk yesterday and I thought we have no Government. I thought we have no Senate. I thought the citizens of this country had gone to nearby countries as tourists. Our governors were singing this song in Swahili, “Bora nienjoy, maisha mafupi nisipo---”.

A governor says that Kshs500,000 is little money, when the county they come from children stayed all day without food in schools, the floors of their class rooms are in a bad state and the Community Health Promoters (CHPs) were not paid from July up to December. It is an insult to Kenyans. When an accused officer is asking a cockroach to dictate if it is a duck, a hen or a turkey to adjudicate its case, it cannot happen. They must come and be accountable to the people of Kenya.

It is sad to note that when you visit some of these counties and see the bills they incur, you will realise that some workers are on contract for over 10 years and their gratuity has never been paid. When you ask where the money is, they cannot tell. When you ask some of these people the last time their workers were promoted, they cannot tell. The real workers are not promoted, but the people in the line ministries are promoted. It is bad manners.

When you visit county hospitals as we have done in the Committee on Health, you will find that they have no drugs. The mortuaries are in a bad state and people are held hostage because they cannot pay bills, yet they insist they cannot be held accountable. We examined the running of hospitals under Mheshimiwa Osotsi. At times, they simply switch off systems and resort to collecting money as if they were collecting love offerings in church. When you look at the books of accounts on monies in and monies out of the County Revenue Fund (CRF) , the figures do not match. They do not want us to ask those questions.

We examined how they purchase fertiliser and farm inputs and the way they distribute them. When you ask if they have a farmers’ inventory to guide distribution, they do not have one, yet they behave like benevolent dictators in this country. The law must be followed. They must be held to account.

Hon. Deputy Speaker, we reviewed the books of Bungoma County. How can you fail to remit statutory deductions of workers for many months, yet you go back to the Controller of Budget (CoB) to ask for another allocation? We will not accept this. We are

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Sen. Osotsi.

Thank you, Mr. Deputy Speaker, Sir. As I sit here, I am surprised. It is unfortunate that instead of governors decorating and celebrating this Senate for the good work it has done, they are condemning it. I will explain why. It has been a concern that the previous Senates were examining audit reports for governors who had left office. We were four years behind.

When we came in, we were reviewing reports for the Financial Year 2017/2018. However, the two committees of the Senate, the County Public Accounts Committee (CPAC) and the County Public Investments and Special Funds Committee (CPISFC) have worked hard to ensure that we are now up to date. We are now reviewing the reports for the Financial Year 2024/2025, which is the current one.

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Fair enough. Proceed, Sen. Tabitha Keroche.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to support the Communication made by our Speaker. I thank him for standing with this House. I know today is a sad day for Kenya because we Senators are the hope and custodians of devolution.

Today, governors are threatening us. They want to gag us like they gagged the Members of County Assemblies (MCAs) . I know they have gagged the MCAs; they think they can do the same thing to the Senators.

Today is the day Her Excellency, our Governor, was also supposed to meet the CPAC, but she gave some excuses that she will not be able to come and yet, the people of Nakuru County were waiting for her. I know the people of Nakuru County were waiting for her because they had a lot of questions to ask. There has been a lot of

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Very well, next is Sen. Maanzo Daniel.

Thank you, Mr. Deputy Speaker, Sir. When the reports come to us from the Auditor-General, we then invite a governor to appear before the Senate Committee. When the invitation is not honoured for no proper reason, then the governor is summoned. Upon summoning, then the governor, if he or she does not show up and does not honour summon, then under our Standing Orders, that governor pays a fine of Kshs500,000 from his own coffers, not from the county monies. In the event that the governor fails to pay that amount, now that the committees and the Senate operate with a mandate equivalent to one of High Court, then Article 244 of the Constitution kicks in, which is objects and functions of the National Police Service. In 244 (b) it reads –

“prevent corruption and promote and practise transparency and accountability.”

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Hon. Senators, through consensus, we have agreed that because we have five Senators left, then we can do five minutes each, so that at least all of you can make a comment.

Proceed, Sen. Cherarkey.

Thank you, Mr. Deputy Speaker, Sir. I agree. In the interest of time and everybody, I will just make two points. As everybody has said, the work we do as CPAC is anchored in Article 229 of the Constitution of Kenya, 2010, where we consider the office of the Auditor-General reports that are tabled before the House. All of us in this House, or anybody who is a holder of public office, took an oath of office to protect and uphold this Constitution. We are exercising these powers deriving from the people and by the people.

I warn governors because I saw 39 of them sign a communication. I am happy, Mr. Deputy Speaker, that you have noted they have not sent a letter having either of my name or the four Senators alleged to have been named. This is very unfortunate and I hope and request, if you grant audience to them on Thursday next week, they must provide unqualified apology to me and my other three colleagues. We are victims of vicious corruption that is fighting us. I challenge Kenyans who have been following CPAC meetings, and you are in one of them, Mr. Deputy Speaker, Sir.

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Thank you, Sen. Cherarkey. I think there is a system failure, because even after you have done your five minutes, you still you have them because the mic is still on. So, I think the timing---

Asante Mhe. Spika, kwa kunipa fursa hii. Kwanza kabisa, nataka kushukuru Spika kwa Taarifa nzuri ambayo ulisoma, na vile kushukuru uongozi wa Jumba hili kwa msimamao wao dhabiti na kusimama kidete kutetea na kuheshimika kwa nyumba hii.

Bw. Naibu Spika, ningependa kupongeza Kamati ya Seneti ya Hesabu za Umma za Kaunti inayoongozwa na Sen. Kajwang’ pamoja na Kamati ya Seneti ya Uwekezaji wa Umma na Hazina Maalum ambayo inaongozwa na Sen. Osotsi, kwa kazi nzuri waliofanya.

Kuna visingizio ambavyo vinaletwa na magavana kusema ya kwamba kuna maseneta waliowataja ambao wanawaitisha hela. Hakuna mtu yeyote anaweza kukuitisha hela. Nilismikza Gavana wa Kaunti ya Kisii akisema ya kwamba atakapoitwa atasema “Wewe nilikupatia”.

Bw. Naibu wa Spika, ikiwa umefanya kazi ambayo unapaswa kuifanya kwa makini bila shida yoyote, ni mambo gani hayo unasema kuhusu hela? Maseneta hawa wamefanya kazi ambayo wanapswa kufanya na nawapongeza na waendelee na mtindo huo huo wa kuziangazia kaunti hizi.

Bw. Naibu Spika, nikiangalia majina yaliyotajwa, ni maseneta ambao wananuliza maswali magumu - Sen. Sifuna, Sen. M. Kajwang’ na Sen. Cherarkey. Baada yao kuulizwa maswali magumu, hawawezi wakayajibu.

Nilimsikiza Gavana akiulizwa swali kuhusu mbegu na hakuweza kujibu vile ambavyo ametumia hela zaidi ya Shilingi milioni hamsini na tano. Baada ya hapo, sasa wameleta visingizio kusema kuwa Seneti inatafanya hivi na vile.

Sisi tunafanya kazi katika Kamati zetu tukiongozwa na Katiba na Katibu za Kudumu za Seneti hii. Kwa hivyo, mtu yeyote kusema kuhusu Kamati hii kuonyesha ishara ya kwamba unajaribu kudhihaki Seneti hii kwa kazi yake.

Bw. Nabu wa Spika, tutalinda na kutetea Katiba ya nchi hii kwa jina kucha kwa sababu hio ndiyo kazi yetu. Inafaa ijulikanwe wazi kuwa hakuna mtu yeyote mwingine anapaswa kuja katika Seneti hii kutuambia jinsi ya kufanya kazi. Nimeskia wanasema ya kwamba ati wengine wnapaswa kuondolewa au wabadilishwe katika Kamati hio. Msimamo wangu ni, kama ni kubadilishwa wabadilishwe na Mwenye Kiti awe ni Kajwang’, naibu wake awe ni Mwaruma na hao wanakamati warudishwe wao kwa sababu wamefaya kazi ambayo wanapaswa kufanya na wamefinya vizuri ndiposa

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Next is Sen. Veronica Waheti Maina.

Thank you, Mr. Deputy Speaker, Sir. I stand in support of the Communication that has been given by you, giving direction to the statement that was given by the Council of Governors (CoG) , led by the Chairperson, who read out what I would call a very alarming statement. It is alarming because the CoG has been entrusted with national revenue; resources that are disbursed to the counties. In fact, I am surprised because most of the governors that we have are people who are well educated and schooled, who have been given an opportunity to serve counties in this republic. They well know that the Senate serves to protect the interests of the counties in line with Article 96.

I am also sure that governors know that the Senate determines allocation of national revenue among counties. This is well provided in Article 217. The Senate exercises oversight over national revenue that has been allocated to the counties.

Mr. Deputy Speaker, Sir, what is shocking is, in the current financial year, a whopping sum of Kshs415 billion has been disbursed to the counties, or is in the course of being disbursed to the counties. The Senate’s County Public Accounts Committee (CPAC) is mandated, under Article 229, to carry out the work of oversight over how those resources are being spent within the counties.

Let me therefore say, with this kind of resource disbursed to the counties, it was shocking and alarming, that the only tackle the Chairperson of the CoG could give to the Senate and to the public in the Republic of Kenya was to question and allude that there are some Senators who are extorting them. I would not deny, neither would I admit. However, I would have said, if they have legal personnel in those counties and within the

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Add her one minute.

How would they like it if Senate decided to act against the Constitution by saying that any governor who appears before the Senate for Impeachment will be found guilty without any trial? Would that be a proper recourse for the Senate?

I put it to the Chairperson of the Council of Governors (CoG) , from wherever he is watching because I know he is, that the statement he has given is equivalent to the Senate taking the law into its own hands and deciding that every governor who comes here is already guilty before any explanation or trial.

If you are summoned by County Public Accounts Committee (CPAC) and you do not appear as a governor, you know what that means. It is either you have no explanation or you do not want to account for public resources. That already speaks to your conduct in how you most likely handled those resources. You do not have that option. There will be consequences from the Senate.

The best thing is, if you are summoned, do not take the group mentality that you will not appear. When it comes to responsibility to answer those summons, you will be held personally accountable for any summons that you do not---

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How would they like it if Senate decided to act against the Constitution by saying that any governor who appears before the Senate for Impeachment will be found guilty without any trial? Would that be a proper recourse for the Senate?

I put it to the Chairperson of the Council of Governors (CoG) , from wherever he is watching because I know he is, that the statement he has given is equivalent to the Senate taking the law into its own hands and deciding that every governor who comes here is already guilty before any explanation or trial.

If you are summoned by County Public Accounts Committee (CPAC) and you do not appear as a governor, you know what that means. It is either you have no explanation or you do not want to account for public resources. That already speaks to your conduct in how you most likely handled those resources. You do not have that option. There will be consequences from the Senate.

The best thing is, if you are summoned, do not take the group mentality that you will not appear. When it comes to responsibility to answer those summons, you will be held personally accountable for any summons that you do not---

Thank you. Next is Sen. Karen Nyamu.

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February, 12, 2026 SENATE DEBATES 60 COMMITTEE OF THE WHOLE THE LABOUR MIGRATION AND MANAGEMENT (NO.2) BILL (SENATE BILLS NO.42 OF 2024)

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 17th February, 2026, at 2.30 p.m.

The Senate rose at 6.19 p.m.