Thursday, 12th May, 2022

The Chairperson of Committee on National Cohesion, Equal Opportunity and Regional Integration seems not to be there. The report on Petition is deferred.

Next Order.

Sen, Farhiya, please lay the paper on behalf of the Senate Majority Leader.

Mr. Temporary Speaker, Sir, I beg to lay the following paper on the Table of the Senate today, 12th May, 2022:

Report of the Auditor-General on the financial statement of Narok County bursaries fund for the year ended 30th June, 2020.

Hon. Senators, we have communication from the Chair on the visiting teachers and students from Maliku Girls Secondary School, Kitui County.

Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon of visiting teachers and students from Maliku Girls Secondary School in Kitui County who are on an academic trip.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

I thank you.

Sen. Farhiya, please, proceed,

Thank you, Mr. Temporary Speaker, Sir. I wish to join you in welcoming the students from Maliku Secondary School in Kitui County. I assure them that they have a great leader here who represents them in this Senate, Sen. Wambua.

I would like to assure them that the political future of this country belongs to women. I encourage those great ladies seated on the public gallery to make sure that they join political arenas in their future whether as a political person in terms of running for a Member of the National Assembly, Senator in this great House or any other position.

I have a dream that one day, the President of this country will be a woman. We have the numbers and we need to take advantage of that. I guarantee you, ladies, that you have a great opportunity. If you look at the trends of school performances, girls’ schools have been doing well. I encourage you to create linkages.

In life, it is the linkages that you make with your colleagues that matters in the future. Ensure that you do not lose your colleagues along the way as you go to universities and to work. Also, you should make sure that you hold each other’s hand. The only way women can succeed in this country is if we hold each other’s hand.

We have sung about the two-third gender rule for too long. It is high time women decided this is our time and vote for each other. Kindly, encourage your parents to tick on any name of a woman who will be on the ballot paper because she is going to make you very proud. We are tired of all these men that we keep on “recycling.” It is time for women leadership in this country, and I see a great future in this country.

What is it, Sen. Omogeni?

On a point of order, Mr. Temporary Speaker, Sir. Sen. Farhiya, who is my good friend, is doing very well in welcoming our students from Kitui County.

However, I want to get guidance from you on whether she is using parliamentary language by saying that: “We are tired of these men we keep recycling”.

Sen. Farhiya, proceed but, please, mind your language because I do not think people are recycled. They are voted in. If a person is performing, then they can be voted for and that is not recycling.

Mr. Temporary Speaker, Sir, some of them do not perform but people keep on electing them. That is why I have a problem with that recycling.

Order Senator. You cannot doubt the people of Kenya who vote. Performance is accessed by people who vote and not by a person sitting somewhere else. Please, mind your language.

Okay. Let me not pursue that line but I am encouraging Kenyans is to elect the right leaders. The reason I think women will make great change in this country is because---

Our development would have reached a greater height if more women were elected into leadership positions. We have a situation whereby more than 50 per cent of the population does not have a say in the decisions that are made in this country. However, we are still struggling with the issue of two-thirds gender rule.

It is high time women voted for other women. People are talking about two-thirds gender rule. That should not be difficult because we are more than half of this country.

I therefore urge you to encourage the people you have influence over to vote for women for greater change in this country.

I thank you.

Sen. (Dr.) Zani, please, proceed.

Thank you, Mr. Temporary Speaker, Sir, for allowing me to join you in welcoming our teachers and students from Maliku Girls High School in Kitui County. This is the Senate of Kenya. I am sure by now, they have already gotten the gist of how we work in Parliament.

We have two Houses of Parliament; the National Assembly and the Senate. The Senate focuses on counties because of the great development that we need as a country and that is devolution.

Through devolution, we hope to devolve socio-economic rights and opportunities to everybody in Kenya, including girls, because their potential is yet to be reaped.

There is so much for the girls in this country. The leadership of this country is waiting for you. You have a step to make in this country. We have made steps in our time and we hope that you will make yours later.

I am happy you are here this afternoon to listen to our debates on various issues. We deal with issues affecting the counties, which include financial management, how money is appropriated at the county level, and how social and economic systems work within the counties.

We lobby for counties to get money. We also do oversight to make sure that monies that go to the counties are used for the various development projects. We make

sure that the Integrated Financial Management Information System (IFMIS) and managing systems within the counties are working. There is so much that we do. You have a role to play too.

I can tell you the future is bright. I would like to encourage you to study hard so that you build yourself and the nation. Do a good job and God will bless you. I am sure one day, you will stand tall and be proud as a young girl from Kenya.

I thank you, Mr. Temporary Speaker, Sir.

Sen. (Dr.) Musuruve, the Floor is yours.

Mr. Temporary Speaker, Sir, I would like to welcome the girls and congratulate their teachers for allowing them to visit the Senate. This is a great opportunity for girls to be mentored and know what happens in Parliament.

I would like to encourage girls to work hard in school because they have the time. This is the opportunity you have to decide your destiny. It is through education that you determine how your future will be like.

Some of them will be doctors, legislators and nurses. Some of them will take Kenya to greater heights. That can only be realized through education.

I would like to tell you that girls are now coming out of their shells and even deciding the shape of the families, the nation and the universe. I, therefore, would like to encourage you to work hard so that you become great leaders in this country who are useful to the nation.

Thank you for giving me this opportunity.

I thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to join you and my colleagues to welcome the visiting delegation of students and teachers from Maliku Girls Secondary School.

Maliku Girls Secondary School is one of the girls schools in Kitui County. It is situtated in Kitui Rural Constituency which was recently hived from Kitui Central Constituency in Kisasi Ward.

Mr. Temporary Speaker, Sir, I take this opportunity to welcome the brilliant girls and their teachers to this Chamber. This is where their able Senator, who many people like calling the “Super Senator of Kitui County” deals with issues of devolution and pushes the agenda of funds following functions in Kitui County.

I would like to encourage them and their teachers to continue working hard. It is a school that performs fairly well but there is always room for improvement. Your Senator comes from the same county and went to a school like your school.

I went to Matinyani Boys Secondary School before I joined Moi University. Thereafter, I went to the Catholic University of Eastern Africa (CUEA) before I went to Cairo and later to the United States of America (USA) for studies.

If I have followed that path from a beginning as humble as yours, then there is every reason to believe that these beautiful girls and their teachers can do much better

than I did and that one day, we will have one of them in this Chamber as a Senator and others serving this country in different capacities.

Mr. Temporary Speaker, Sir, I welcome the girls and their teachers. I will see them behind the tent after this session.

I thank you.

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity also to greet the students and teachers and welcome them to the Senate.

I agree with what the Deputy Majority Whip, Sen. Farhiya, and all those who have spoken said in welcoming the girls. For many years for me, now almost 30, which I have served in this Parliament, starting from the National Assembly and now the Senate, I have talked about women and girls’ advancement.

I moved the Motion for affirmative action in Parliament soon after Beijing Conference for Women. That is how it found its way to The Bomas of Kenya because Parliament passed it and recommended it to Bomas of Kenya under the Chairmanship of Prof. Ghai. That is how the affirmative action found its way to our Constitution.

We should not be ashamed to speak and to say that the time is ripe for women to hold high positions in this country. There is no harm. I do not think Sen. Farhiya spoke anything derogatory by saying it is time we also elected women to high positions.

When I was first elected in Dagoretti Constituency in 1997, when my husband wore a cap supporting me, “are we going to elect a woman? What can a woman do for me?” That was the mentality then. Sen. Farhiya is saying that is not the mentality anymore. Women must get up and support other women.

If we do that, we can win any seat in this country. You are not saying that the men will not be the presidents, but we want also women to share and be presidents sometimes. That time is now. Of course, we do not have a woman who is competing at the moment but I emphasis what Sen. Farhiya said.

We have parliaments in Africa such as Rwanda where women are majority in the Cabinet and they are many in the National Assembly. We have seen Scandinavian countries, which have majority women leaders even to the highest office being highly developed. Sen. Farhiya was saying that women are development conscious. We should have a mix of leadership.

We are hoping that even Azimio la Umoja will see sense to this and have a woman for the Deputy President. We stand with that. We have hon. Martha Karua who is doing very well and has served a long time in the Government in very high positions. We support but we are not saying the men should not. We should not be mistaken for that. Welcome.

I encourage you that you can reach any height. I have worked with your Governor in Parliament and in Cabinet for a long time. You have a good role model just next door. We thank your Senator who stands with you and that is how you found your way here. I

hope you will take home something to the other girls. Work hard, do well. We have seen girls leading in the exams these days. Karibuni, and we stand with you.

Thank you.

Thank you, Mr. Temporary Speaker, Sir. I wish to make a personal statement under Standing Order No 53, in order to express my gratitude to this House.

I thank hon. Members, Hon. Speaker, Board of Management and the staff for standing with me following the sad passing on of my dear husband, Amb. Nicholas Murathe Mugo. This is the first time I am coming to the House in this new year. It is still new to me.

I first thank the Speaker, Hon. Lusaka, for personally attending the memorial service of my husband and the Deputy Speaker, Sen. (Prof.) Kamar who also came to our house several times.

Though not in this House, the Speaker of the National Assembly personally visited me the same evening when my husband passed on. I personally thank our Acting Deputy Majority Whip. She came home and I know she organised a lot here because many of Members sent her to my home to console and also to bring some material support.

I thank all the hon. Members for the great contribution to support the expenses, prayers and visits, for those who came personally. I cannot really thank you enough.

I thank the Senate Board of Management, led by the very able Clerk of the Senate who is also the Secretary to the Parliamentary Service Commission. He led a delegation to the house and I was very touched. I also thank our many staff members, Secretariat and our Standing Committee on Health, of which I am a member for visiting us. I cannot thank you enough.

Although I have not been coming physically, I have been attending via Zoom. I wanted to come and give my thanks personally to all of you.

Mr. Temporary Speaker, what touched me most is to see all of us. People think that we are divided. Those who are in different camps, those who are in Azimio la Umoja

One Kenya Alliance and Kenya Kwanza, which we used to call “Tanga Tanga”, all supported us.

Kenyans should see that we do not need war because of elections. We should not have people fighting out there in Kenya because they support different presidential candidates. We are together here in the leadership of the House.

I went through this difficult time when my husband passed on and all of you supported me. Therefore, I really thank you, and I hope Kenyans can take that.

We know that elections come and go. We are Kenyans and friends. We should not fight because you do not support the presidential candidate that I support. Kenya is one and much more important than any one person. Kenya is our country. We will not have another country. We should not burn it with passion. I believe it will be peaceful because so far, it is going on well.

I urge our people not to have any division even after elections or announcement of election results. Nothing should divide the people or call them out for anything. Let us keep Kenya safe and peaceful the way it has been because we are like an island of peace. We know that our neighbors have been in turmoil but God has blessed us, Kenyans, with peace. Let us maintain that peace.

Young people, we keep on saying you are leaders of tomorrow. However, you are leaders of today because tomorrow is today. We decide today what tomorrow will be. Think of the country. The young people should not be used for mischief or to organize rowdy behaviour when somebody else you do not like comes to campaign in your area.

When out there, welcome everybody and listen to them, then make your decision. Do not fight your friend just because he supports somebody else. That is democracy. If we want Kenya to remain democratic, then we must give space for differences when it comes to politics but not to fight.

When you go back to Kitui, convey our greetings especially to the Governor and the leadership. I thank you, Mr. Temporary Speaker, Sir, for this opportunity.

Thank you, Sen. Beth Mugo. Proceed,

Thank you very much, Mr. Temporary Speaker, Sir.

the profession. You would go to the court room and there would hardly be any women who were practicing as advocates or sitting in the Bench.

However, right now, the situation is different. Some of the most senior lawyers, celebrated lawyers in Kenya have come from that part of the country, Ukambani as a whole, particularly Kitui. Kitui has produced two Chief Justices of the Republic of Kenya, which is not a mean achievement.

Right now, one of the lady governors in the country, Governor Charity Ngilu is in office in Kitui. We did a lot of good work with her in the fight for democracy and change in the country.

I would want to encourage the students from Maliku Girls Secondary School that the future is great particularly for women. If you look across the world now, some of the countries you never thought would be led by women, are now being led by women. They are producing some of the best leaders in the world.

In the whole of the Scandinavian region, governments are led by women including currently in Sweden. If you go to Asia, constantly, leaders that are being elected in many republics in that part of the world are women. So, the future is great for those of you who will work hard.

In Kenya, we have got a Constitution that recognizes the rights of everybody. In this Parliament, a lot of you now know that there have been complaints there. In fact, there was a Petition to the Chief Justice that the Houses of Parliament are not properly constituted and that we should not have more than one-third of any gender in any of the Chambers of Parliament. Up to now, we have not achieved that goal. It is a constitutional obligation and a goal, which has not been met.

Even the political parties now are faced with the problem of trying to ensure that the candidates who offer themselves to run in the next elections comply with the provisions of the Constitution. That will enable more women to participate in law making because they constitute majority if I may aver and assert that they are actually the majority in the country as opposed to men.

I wish you well and hope that you finish your study and exams whenever you will be taking them, come out with flying colors and be able to serve the country Kenya. I hope one of you will have another occasion to come back here as Senator or Member of the National Assembly, or Speaker of the National Assembly or Senate. All that is within your reach if you work hard.

Mr. Temporary Speaker, Sir, let me also take this opportunity to comment. I know I have no right to comment on a personal statement but I am deeply touched with the Statement, which has been made by Sen. Beth Mugo.

I am deeply touched by that Statement and I am glad that you are making that Statement when the young students are here. I am very proud of you, Sen. Beth Mugo, because of what you have done to this country. Sometimes people do not read history correctly, that in the fight for democracy and putting Kenya where it is, you played a role that is beyond comparison.

Despite your situation in life, you went out there to the trenches when occasion demanded. When it was a matter of arguing out in meetings and rallies, I can tell you that deep down in my heart among the people that I will always remember for making Kenya what it is, it is you Sen. Beth Mugo. I know that was possible because of your departed husband; a true gentleman.

Mr. Temporary Speaker, Sir, normally, when you look at somebody and end up calling them a gentleman, it requires you to do a thorough examination. Many men in this country are not gentlemen and they have bad manners. They are not distinguished and do not have table manners.

They also do not know what to say and where to say it. They do not want to lead a society in a distinguished way like Amb. Mugo did. He was one of the first few ambassadors we had in this country. I know that it is because of him that it was possible to have Sen. Mugo to be in our midst, to join the struggle and change this country to what we want it to be.

I like your remarks at the end. When you say Kenya is bigger than all of us. Sometimes, we speak as if Kenya is there for people to burn. You cannot burn this country because it belongs to its citizenry. The sovereignty of this country is on the people of Kenya. Therefore, whatever we do in our politics, at the end of the day, we should stand for each other as brothers and sisters under one God and one single, sovereign nation called Kenya.

I hope students today will remember this occasion when Sen. Mugo uttered those beautiful words and comments on what Kenya should be. You should go back to Kitui County knowing there are no borders in this country. Although we have counties, we are one country, which we must defend and act in the interest of this country to the end.

Therefore, Sen. Mugo, I hope you continue to be strong and serve this country in the manner you have. I am grateful for giving me time to make those few remarks.

Thank you, Sen. Orengo. Sen. M. Kajwang’, proceed.

Mr. Temporary Speaker, Sir, allow me to take a minute to join you in welcoming the girls from Maliku Girls Secondary School; a powerful school from Kitui County.

Allow me to also congratulate the Senator for Kitui County for being a good role model. If the Senator was not a good role model, they would not have chosen to come to the Senate. I know that the schools in my county would choose to come to the Senate, to come and see their Senator in action. They would come and see Sen. Orengo and Sen. Poghisio.

This is to these young girls who at this point, are trying to figure out what they are going to do in life. I would like to encourage you that nothing is impossible. Gender should never hold you back. Many years ago, Plato said that women and men are all equal given the same opportunities.

Unfortunately, in this country, women have been left behind for far too long. This is why we do not talk about equality but equity. We must make sure that the girl child is bootstrapped and is supported to catch up with the boy child.

I wish you well in your examinations. I also pray that in future, some of you will be sitting in this Chamber, not just as mere mortals but as the Speaker and as the leadership of this House. Since Kitui County was among the first counties to elect a female Governor, I also pray that one girl from Maliku Girls Secondary School will one day be the Governor of the great Kitui County.

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

What is it, Sen. Wambua?

Thank you, Mr. Temporary Speaker, Sir. I do not know why Sen.

Mr. Temporary Speaker, Sir, I choose to be informed by Sen. Orengo.

What is it, Sen. Orengo? The Senate Minority Leader (Sen. Orengo) : Sen. M. Kajwang’ was right. The Senator of Kitui County is going home in July whether he likes it or not. If he was not a mere mortal, he would perform a miracle to stay here. To that extent, Sen. M. Kajwang’ was justified.

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

Sen. M. Kajwang’ was right. The Senator of Kitui County is going home in July whether he likes it or not. If he was not a mere mortal, he would perform a miracle to stay here. To that extent, Sen. M. Kajwang’ was justified.

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

What is it, Sen. Cheruiyot?

Mr. Temporary Speaker, Sir, Sen. M. Kajwang’ is right. He is right to the extent that he does not know that since Sen. Wambua was appointed to a panel otherwise known us eminent persons, maybe he has begun confusing eminence and being supernatural. He needs to know that even if he sits in the selection panel, he is still a mere mortal.

many of you might not recognize her. She was first elected to Parliament in 1997 as the Member for Dagoretti South Constituency. This followed a lifetime of commitment to multi-party system, democracy and opening up of the democratic and political space in this country.

Many people want to jump in when things are ready. Sen. Mugo did not wait to jump in when things were ready.

many of you might not recognize her. She was first elected to Parliament in 1997 as the Member for Dagoretti South Constituency. This followed a lifetime of commitment to multi-party system, democracy and opening up of the democratic and political space in this country.

Many people want to jump in when things are ready. Sen. Mugo did not wait to jump in when things were ready.

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

What is it, Sen. (Dr.) Ali? You are not on record.

Mr. Temporary Speaker, Sir, the Senator is not in order because he does not know when Sen. Mugo came to Parliament. She did not come in 1997. Rather, she came earlier than 1997. If I am not wrong, it was 1992.

Sen. Mugo, proceed.

Mr. Temporary Speaker, Sir, I would like to clarify. My friends, I came to Parliament in 1997. However, in 1992, I was involved in the creation of the multi-party system, which is what Sen. Orengo was referring to. I was a founding member of the Democratic Party (DP) , the late President Kabuki’s Party. I served in the first executive of the Party.

It looked like I was already in Parliament. I competed for Member of Parliament (MP) seat in 1992 in Dagoretti South. I was not lucky at that time. After I was elected, I won the consecutive elections.

Thank you, Mr. Temporary Speaker, Sir. I stand guided. I was also elected in 1997.

Sen. (Dr.) Ali, I had not given you the Floor.

I have been given the microphone.

Yes, not the Floor. Please, proceed.

Thank you, Mr. Temporary Speaker, Sir. I was elected in 1997. When I came to the House, I was a kurutu, but she was already active. So, as far as I am concerned, she was elected earlier.

I stand guided.

given rise to universal and free healthcare that we talk about and believe that can be made better.

Ladies from Maliku girls, it is possible for you to be great leaders in this Republic. You have strong role models. A few days ago, we visited Silicon Valley. The challenge was why is it that we do not have a lot of female leaders at Silicon Valley? There were two issues. One was lack of role models and the other was the fact that girls were not being encouraged to study science and technology related courses.

The issue of lack of role models should not apply to the girls from Maliku. In this House, you have Beth Mugo as a role model. In your county, you have your governor as your role model. You have many female role models who have transcended and gone beyond the glass ceiling that is usually set for girls.

When it comes to Science and Technology, I encourage you that you can come to this House not as a lawyer or because you studied some other disciplines that are related to law making. You can come in as engineers. We have doctors like the Senator for Wajir, who has demonstrated his knowledge of history. He is a medical doctor in this House.

We have young people like Sen. Cheruiyot who is an accomplished person within the digital and information technology space. Let me finalize by saying that in the Public Gallery, we also have the principal of a school in my county called Father Tillen Secondary School. Principal Martin Opere has also come to see how the Senate works. I know it is your duty to recognize visitors.

I want to encourage the principal, who is representing the Kenya Secondary Schools Heads Association (KESSHA) and is their leader in Homa Bay County, to go back and congratulate his fellow teachers for doing a good job.

Homa Bay faces peculiar challenges when it comes to the dropout rate of the girlchild. However, Father Tillen Secondary School is one of the schools we established in Mbita Town to ensure more girls are able to attend school despite the other difficulties they face on a day to day basis arising from the fish trade and other pressures of Mbita Town.

I want to encourage Sen. Mugo. In the Book of Luke, when Jesus healed 10 people, only one came back to say thank you. Sen. Mugo, I am touched that you have taken your time to come back and thank the Senate for standing with you.

At the end of the day, we must reflect on the words of Leo Tolstoy who asked, “how much land does one need?” At the end of the day, when our work on earth is done, just as we saw Mwai Kibaki and Amb. Nicholas Mugo buried in a solemn manner, what matters is how we have touched the lives we have left behind. It does not matter how much you have accumulated or acquired.

I appeal to those with an insatiable greed for public resources that at the end of the day, the amount of land we need is six feet wide and six feet deep.

Thank you, Mr. Temporary Speaker, Sir.

The Senate Minority Leader (Sen. Orengo): On a point of order, Mr. Temporary Speaker, Sir.

I thought you had said he is going back to the county to do some oversight and then he comes back. That is what I thought and that is why I did not correct you.

Sen. Cheruiyot, proceed.

Thank you, Mr. Temporary Speaker. I did not know that Sen. Orengo can scare Sen. Wambua that much. He has harassed him to the point that the Senate Minority Leader has to retract his wrong prediction. It is not the right one.

This is a very beautiful scenery. It is good to have students back in our Gallery after the Covid-19 break and the things that happened. We had missed such sceneries that occasionally remind us that the work we are doing here is only for such a short time. There is a generation looking up to us, as leaders, to do the right thing for the country. Given the very nature of politics, if you stay for too long and do not do the right things, in a few years, many of these young beautiful girls will be challenging us for these positons. I believe they will do a better job than most of us.

It is a good scene to have them back. I appreciate that they have taken their time to visit us here at the Senate of the Republic of Kenya. It is not a very beautiful scenery today because there are only two female Senators. In terms of staff, this House is made up of members of staff and Members of the House. There is almost a balance.

While Sen. Kajwang was giving a great tribute to Sen. Mugo, for being a good example that the young girls can follow, I thought about the staff seated here including our Deputy Clerk, Miss Eunice Gichangi. She is a good example also to the students as well. I do not want to get deep into the politics of the institution, but that is at the heart of the leadership of the institution. She is only one office below the highest office you can achieve as a staffer of Parliament. That is a good example that there are many women you can look up to as young girls as you visit and interact with our members of staff and Members of Parliament.

It is a beautiful scenery. I know the infatigable Senator from Kakamega, Sen. Shiyonga, is also a good example. She has set a good track record. She is well celebrated back at home. I have seen her campaign in Kakamega. I get to watch her videos and the things she says. People appreciate the work that she has done previously in her stint at the County Government of Kakamega and now as a nominated Senator. She is a good role model to the young girls.

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

I celebrate them because I am also a father of two girls. So, anywhere women are celebrated, I must add my voice.

In fact, the day this country will have more women in leadership than men, then many of the societal ills that we continue to struggle with will become a thing of the past. It is not a secret. All the men in the House can bear me witness.

In terms of rank, the ability or propensity to do evil, men rank higher than women. Women have got a softer side. They sometimes think twice before they do certain things.

What is it Sen. Wambua?

Mr. Temporary Speaker, Sir, is it a point of order or he wants to inform me?

Mr. Temporary Speaker, Sir, I want to inform Sen. Cheruiyot.

I celebrate them because I am also a father of two girls. So, anywhere women are celebrated, I must add my voice.

In fact, the day this country will have more women in leadership than men, then many of the societal ills that we continue to struggle with will become a thing of the past. It is not a secret. All the men in the House can bear me witness.

In terms of rank, the ability or propensity to do evil, men rank higher than women. Women have got a softer side. They sometimes think twice before they do certain things.

What is it Sen. Wambua?

Mr. Temporary Speaker, Sir, I want to inform Sen. Cheruiyot.

Sen. Cheruiyot, would you like to be informed?

Mr. Temporary Speaker, Sir, do you want to inform me? Yes, I cannot refuse to be informed by an eminent person.

Mr. Temporary Speaker, Sir, I just want to inform or remind my very good friend, Sen. Cheruiyot, Commissioner, that he is actually a Sunday school teacher. I do not know what has happened he has now started reading his Bible upside down. In the Bible the cardinal sin, the Senator for Kericho County should be telling pupils including my students from Kitui County, who took the fruit, the first bite and where it went after that.

I am not trying to say that women are more sinners than men, no. I am making a statement of fact that the genesis of the cardinal sin was a woman.

I thank you, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, Sen. Wambua forgets one thing. If you read the Bible properly and want to lay or apportion blame, then you will realize that the greatest travesty of justice committed in the Bible was false accusation and eventual crucifixion of Jesus.

The Sanhedrin was a body consisted of 12 men. There was no single woman. The Pontius Pilate who finally gave the final decree that Jesus be crucified was a man. He agreed with the crowd and okayed the crucifixion of Jesus Christ. I can assure you, Sen. Orengo, if it was woman, they would never have given out such kind of an ending if there were two women in the Sanhedrin, not the kind of men that were there.

What is it, Sen. Mugo?

On a point of order, Mr. Temporary Speaker, Sir. I should have put my light earlier when the Senator for Kitui County spoke. I just wanted to add that, even if we go with the argument the Sen. Wambua gave, it proves that the men are too weak.

Sen. Wambua, the Floor is yours and please, let it be short.

On a point of order, Mr. Speaker, Sir. I raised that issue to prove to our girls from Maliku Girls Secondary School that this is a House of leaders who understand their Bible, religion and origin. I do not think the issue is about who sins more between men and women.

Those who sin, sin in their capacity as human beings whether they are men or women. It is important to take note of the fact that we have a leadership in this House that has got its roots deeply rooted in religious issues including Islam and Christianity. That is the whole point for them to also appreciate that we have Sunday school teachers in this Senate. Sen. Cheruiyot is a Sunday school teacher.

Mr. Temporary Speaker, Sir, I thank you.

Sen. Cheruiyot, have you finished?

What is it, Sen (Dr.) Ali?

Mr. Temporary Speaker, Sir, I need your protection. The Senate Chambers have been changed to a Sunday Bible school. I have a problem here. Who is going to teach me what is going on because I cannot follow.

I need to know what is happening in this House as a Member. When the two Senators are talking about the extremes of the Bible and I do not understand, I need to be educated. I have no quarrel with them quoting the Bible but I need to be educated.

On a point of order, Mr. Temporary Speaker, Sir. Sen, Wambua is a Bishop. When he talks about the Bible, he

Mr. Temporary Speaker, Sir, nothing and no one has stopped the Senator for Wajir from quoting the Holy Bible or the Quran. The Members of this House

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

Sen. (Dr.) Ali, wait for

Mr. Temporary Speaker, Sir, I am a devout Christian. I fellowship in the Seventh Day Adventist (SDA) Church. However, when I am in this House, I am guided by the Constitution.

Article 8 of our Constitution states that- “There shall be no State religion.” Mr. Temporary Speaker, Sir, we should not seem to project one religion over the other on the Floor of this House. Even if the preamble of our Constitution starts with; “We, the people of Kenya” ACKNOWLEDGING the supremacy of the Almighty God of all creation”, This House must recognize and acknowledge the supremacy of the Almighty God of all creation. However, it should not take a particular position that might give the impression that this Senate subscribes to one religion or the other.

The end of our preamble says; “GOD BLESS KENYA.” Mr. Temporary Speaker, Sir, I want the girls to also reflect on the introductory words of our National Anthem;

“Oh God of all creation, Bless this our land and Nation.” It is not; “Oh God of the Christians, Muslims or Hindus.” It is; “Oh God of all creation.”

Mr. Temporary Speaker, Sir, I urge that you guide this House to comply with Article 8 of the Constitution. Although, we have personal preferences and different routes that we use to get to the Kingdom of God, let that not be projected on the Floor of the House.

I thank you.

What is it, Sen (Dr.) Ali?

Mr. Temporary Speaker, Sir, I need your protection. The Senate Chambers have been changed to a Sunday Bible school. I have a problem here. Who is going to teach me what is going on because I cannot follow.

I need to know what is happening in this House as a Member. When the two Senators are talking about the extremes of the Bible and I do not understand, I need to be educated. I have no quarrel with them quoting the Bible but I need to be educated.

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.48 (1) to seek for a Statement from the Standing Committee on Health on the circumstances that led to the death of Ms. Purity Nyakundi and her new-born baby at Gesima Health Centre, Kitutu Masaba Constituency, Nyamira County on 7th May, 2022. In the Statement, the Committee should-

Sen. Omogeni, you had two Statements. You can read the second one.

Mr. Temporary Speaker, Sir, I rise again pursuant to Standing Order No.48 (1) to seek a Statement from the Standing Committee on Roads and Transportation regarding the construction status of the Rikuruma-Morembe Road, in Magwagwa Ward, North Mugirango Constituency in Nyamira County. In the Statement, the Committee should-

Sen. Shiyonga, you can comment on Sen. Omogeni’s Statement.

Mr. Temporary Speaker, Sir, I would like to support the Statement by Sen. Omogeni regarding the death of Ms. Purity Nyakundi and her new- born baby at Gesima Health Centre.

Thank you, Sen. M. Kajwang’. Hon. Members have noted that.

Let us go to the Statement by Sen. Omogeni.

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.48 (1) to seek for a Statement from the Standing Committee on Health on the circumstances that led to the death of Ms. Purity Nyakundi and her new-born baby at Gesima Health Centre, Kitutu Masaba Constituency, Nyamira County on 7th May, 2022. In the Statement, the Committee should-

Sen. Omogeni, you had two Statements. You can read the second one.

Mr. Temporary Speaker, Sir, I rise again pursuant to Standing Order No.48 (1) to seek a Statement from the Standing Committee on Roads and Transportation regarding the construction status of the Rikuruma-Morembe Road, in Magwagwa Ward, North Mugirango Constituency in Nyamira County. In the Statement, the Committee should-

Mr. Temporary Speaker, Sir, I stand here to represent the Chairperson of the Committee on Health, on the Statement on the Activities of the Standing Committee on Health, January to April, 2022.

I rise pursuant to Standing Order 51 (1) (b) of the Senates Standing Orders to make a Statement relating to the activities of the Standing Committee on Health during the first part of the Sixth Session that is January to April 2022.

During the period under review, the Committee held a total of 35 sittings, during which it considered various Bills, Statements and Petitions. The Committee has invited stakeholders and public submissions on the Bills, following which it shall proceed to substantially consider the Bills and adopt its reports thereon for tabling in the Senate.

The Committee conducted stakeholder engagement and received submissions on the following Bills;

The Chairperson standing Committee on Tourism, Trade and Industrialization.

It is sad that we lost the life of a mother and her child. That is a generation that was lost in a facility that should have been equipped considering that the health services are devolved.

If the governor of that particular county knows about that, then he should have resigned a long time ago. The governor should not be in office when we are losing lives that should not have been lost.

The circumstances that led to the death of Ms. Purity and her new-born should be investigated thoroughly. Justice should be given to the late Purity’s family. We need answers to this Statement as fast as possible, so that lives are not lost in such a manner.

It is unfortunate that people are still losing lives. I know that Sen. (Dr.) Ali’s Committee will work on this Statement because we need to protect lives. Our mothers are dying. This is just one of the cases that has been brought here. How many cases of this nature are out there?

Mr. Temporary Speaker, Sir, I have been a victim of such circumstances. I lost a relative who had been taken to Kenyatta National Hospital (KNH) but the child survived. That is not a bad hospital. These are just a few cases that we know but how many are not reported? We are losing lives and generations.

Investigations should be done to find out what exactly happened in the hospital, so that we do not continue losing lives through carelessness of our doctors who take the lives of our mothers for granted. Those mothers expect to get assistance from the facilities.

I am a mother and therefore I know. When you go to a facility, you should be assisted. You do not go there to seek a death certificate.

Mr. Temporary Speaker, Sir, I support.

Mr. Temporary Speaker, Sir, I also want to give the Statement relating to the activities of the Standing Committee on Tourism, Trade and Industrialization pursuant to Standing Orders 51 (1) (b) , for the period from January to April, 2022.

From the onset, this one is not on the Statement, I wish - as a Chairman - to complain that this Committee has had a rough time for the last one year, because of lack of quorum. The Committee has only three active Members. So, when we are only three out of nine, the Committee has had problems with quorum and that is why the Committee has performed very poorly.

During the period under review, the Committee has held a total of only five sittings, considered two Bills, two Statements and one Petition. The Committee also participated in the Seventh Annual Cycle Leaders Convention that was held on 22nd to 26th February, 2022 in Mombasa County.

With regard to the Bills, the Committee considered the following Bills: - During the period under review, the Committee proposed and finalized The Street Vendors, The Protection of Livelihood Bills, (Senate Bill No. 7of 2021) . A Report of the Bill was adopted and tabled in the Senate.

The Sacco Societies (Amendment Bill) (National Assembly Bill No. 55 of 2021) is sponsored by the Leader of Majority Party. The Bill seeks to amend the Sacco Societies Act (2008) by providing for the usage of ICT in collecting and receiving statutory reports and accurate reporting. It also provides for monitoring and analysis of Sacco’s financial status at any time being the cornerstone of Risk Based Supervision (RBS) .

The Bill also seeks to realign the definition and roles of the Minister to Cabinet Secretary (CS) and also the responsibility and Office of the Controller of Budget (CoB) as related in the Act to be in line with the Constitution.

This is one of the Acts of Parliaments that were nullified by the Court of Appeal, in Civil Appeal No. E084 of 2021, for want of participation by the Senate. The National Assembly has therefore republished the Bill in compliance with the judgement of the court to allow for consideration for both Houses in terms of Article 108 (4) of the Constitution.

The Committee is currently facilitating public participation to receive submissions from the stakeholders. As of now, Chairman, we have finalised that and I think it will be brought here very soon.

Regarding Statements, the Committee considered and process responses to the following Statements: -

The Chairperson Standing Committee on Health, Sen. (Dr.) Ali.

Thank you, Mr. Temporary Speaker, Sir. I am a Member of the Standing Committee on Labour and Social Welfare. So, I am making this Statement on behalf of my Chairperson.

I rise pursuant to Standing Order No. (51) (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Labour and Social Welfare during the first quarter of the Sixth Session, that is January to May, 2022.

During the period under review, the Committee held 18 sittings. It considered various legislative proposals, Bills, Statements and Petitions. The Committee transacted the following business during the period under review: -

Mr. Temporary Speaker, Sir, I stand here to represent the Chairperson of the Committee on Health, on the Statement on the Activities of the Standing Committee on Health, January to April, 2022.

I rise pursuant to Standing Order 51 (1) (b) of the Senates Standing Orders to make a Statement relating to the activities of the Standing Committee on Health during the first part of the Sixth Session that is January to April 2022.

During the period under review, the Committee held a total of 35 sittings, during which it considered various Bills, Statements and Petitions. The Committee has invited stakeholders and public submissions on the Bills, following which it shall proceed to substantially consider the Bills and adopt its reports thereon for tabling in the Senate.

The Committee conducted stakeholder engagement and received submissions on the following Bills;

The Chairperson standing Committee on Tourism, Trade and Industrialization.

Very well. For now, proceed with your Statement.

The next Statement is by the Chairperson of the Standing Committee on Labour and Social Welfare.

Thank you, Mr. Temporary Speaker, Sir. I am a Member of the Standing Committee on Labour and Social Welfare. So, I am making this Statement on behalf of my Chairperson.

I rise pursuant to Standing Order No. (51) (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Labour and Social Welfare during the first quarter of the Sixth Session, that is January to May, 2022.

During the period under review, the Committee held 18 sittings. It considered various legislative proposals, Bills, Statements and Petitions. The Committee transacted the following business during the period under review: -

Thank you, Sen. Shiyonga. The Chairperson, Standing Committee on Information and Technology, Sen. Wambua.

Thank you, Mr. Temporary Speaker, Sir. I was consulting Sen. Shiyonga on a matter that I heard her mention on the Statement about the payment of---

Mr. Temporary Speaker Sir, I rise pursuant to Standing Order No.51 (1) (b) to make a Statement on the activities of the Senate Standing Committee on Land, Environment and Natural Resources for the period commencing 1st January, 2022 to 30th April, 2022.

During the period under review, the Committee held 12 sittings. It considered one legislative proposal, one Bill, seven Petitions and seven Statements.

In respect of Bills, the Committee is currently considering the Sustainable Waste Management Bill (National Assembly Bills No.22 of 2021) and a Report is being prepared for tabling.

This Bill is important because waste has not been useful in this country. However, we have countries in the globe that have been using waste to benefit their residents.

A city like Copenhagen and others are using waste to their advantage. They are using it to raise the standards of the people of Demark rather than wasting it.

During the period under review, the Committee received a legislative proposal from the Ministry of Environment and Forestry regarding the proposed Water Towers Bill, 2022 on 19th April, 2022 and is scheduled to retreat to consider the proposal.

Mr. Temporary Speaker, Sir, when this House rises we are going to Mombasa to discuss about the Water Towers Bill. The Ministry of Environment and Forestry is already there. We will meet there as a Committee and deal with this matter.

Mr. Temporary Speaker, Sir, in respect of Statements, the Committee concluded the following seven Statements, regarding-

Thank you, Sen. Mwangi. The Chairpersons of the Standing Committee on National Security, Defense and Foreign Relations and Standing Committee on Roads and Transportation are not around.

The Statement on the activities of those two committees are, therefore, deferred. Hon. Senators, the Chairperson Sessional Committee on Public Accounts and Investments is also not around. The Statement on the activities of that Committee is also deferred

Very well. For now, proceed with your Statement.

Thank you, Mr. Temporary Speaker, Sir. I rise pursuant to Standing Order 51 (1) (b) to make a statement on the activities of the Standing Committee on Information, Communication and Technology (ICT) for the period commencing 8th February to 30th April, 2022.

During the period under review, the Committee held a total of five sittings, considered one Statement, one Petition and engaged with various stakeholders on issues pertinent to the ICT sector. In the reporting period, the Committee did not consider any Bills.

Mr. Temporary Speaker, Sir, the Committee met the Cabinet Secretary (CS) for the Ministry of ICT, Innovation and Youth Affairs alongside the Communication Authority of Kenya (CAK) . The meeting focused on developments in the telecommunication sector since the Committee started its deliberations on the Statement on alleged monopolistic practices by telecommunication company Safaricom PLC as requested by Sen. Were who is also a member of this Committee.

The Committee was informed that CAK has begun a process to review the Mobile Termination Rates, popularly referred to as (MTRs) in the sector. These MTRs in Kenya were last reviewed in 2012 and had not been reviewed for more than 10 years. It is projected that the review of MTRs will positively affect the telecommunication sector, especially for the benefit of consumers of telecom services.

Mr. Temporary Speaker, Sir, whereas the matter of review has been challenged and is currently in court, the impact of any review can only be measured in the long term.

Mr. Speaker, Sir, pursuant to Standing Order 52 (1) , I hereby present to the Senate, the business of the House for the week commencing Tuesday, 17th May, 2022.

On Tuesday, 17th May, 2022, the Senate Business Committee (SBC) will consider and approve the business for Tuesday, 17th May, 2022 which is projected to also contain business that will not be concluded in today’s Order Paper. The SBC will further consider Bills at the Second Reading and Committee of the Whole stages as well as Motions as contained in the Programme of Senate Business.

On Wednesday, 18th May, 2022, the Senate will continue with business that will not be concluded on Tuesday, 17th May, 2022 and any other business scheduled by the SBC.

On Thursday, 19th May, 2022, the Senate will continue with business that will not be concluded on Wednesday, 18th May, 2022 and any other business scheduled by the SBC.

There are sixteen (16) Bills at the Second Reading stage, nine (9) of which have been listed in today’s Order Paper for Division at Orders Nos.9 to 18.

Additionally, there are eleven (11) Bills that are at the Committee of the Whole stage; seven (7) of which have also been listed in today’s Order Paper for Division at Orders Nos. 21 to 27.

Cognizant that the end of the term of the Twelfth Parliament is nigh, and observing that there is critical business pending before the House, including the County Allocation of Revenue Bill (Senate Bills No.1 of 2022) and the County Governments Additional Allocation Bill (Senate Bills No.2 of 2022) , among others; I take this opportunity to urge hon. Senators to avail themselves for the voting process for a speedy transition to the next stage of the Bills. I also urge respective Movers of the Bills and Senators moving amendments to avail themselves in the Chamber to prosecute the business accordingly.

In this regard, I also urge Standing Committees to expedite consideration of the business pending before them and table the reports accordingly, pursuant to the Standing Orders.

In conclusion, I wish to aver that we have a brief period to prosecute the pending business before the Senate. Considering that the Senate is scheduled to adjourn on Thursday, 19th May, 2022 for a short recess until 6th June, 2022. In light of this, I urge the offices of the Senate Majority Whip and the Senate Minority Whip to ensure that the requisite number of Senators is attained for the House to undertake the divisions before we proceed for this recess.

Additionally, I urge all of us to redouble our efforts in order to conclude all business before the Senate.

I thank you and hereby lay the statement on the Table of the Senate.

Thank you, Sen. Wambua. Let us have the Chairperson, Standing Committee on Land, Environment and Natural Resources, Sen. Mwangi.

Mr. Temporary Speaker Sir, I rise pursuant to Standing Order No.51 (1) (b) to make a Statement on the activities of the Senate Standing Committee on Land, Environment and Natural Resources for the period commencing 1st January, 2022 to 30th April, 2022.

During the period under review, the Committee held 12 sittings. It considered one legislative proposal, one Bill, seven Petitions and seven Statements.

In respect of Bills, the Committee is currently considering the Sustainable Waste Management Bill (National Assembly Bills No.22 of 2021) and a Report is being prepared for tabling.

This Bill is important because waste has not been useful in this country. However, we have countries in the globe that have been using waste to benefit their residents.

A city like Copenhagen and others are using waste to their advantage. They are using it to raise the standards of the people of Demark rather than wasting it.

During the period under review, the Committee received a legislative proposal from the Ministry of Environment and Forestry regarding the proposed Water Towers Bill, 2022 on 19th April, 2022 and is scheduled to retreat to consider the proposal.

Mr. Temporary Speaker, Sir, when this House rises we are going to Mombasa to discuss about the Water Towers Bill. The Ministry of Environment and Forestry is already there. We will meet there as a Committee and deal with this matter.

Mr. Temporary Speaker, Sir, in respect of Statements, the Committee concluded the following seven Statements, regarding-

Thank you, Sen. Mwangi. The Chairpersons of the Standing Committee on National Security, Defense and Foreign Relations and Standing Committee on Roads and Transportation are not around.

The Statement on the activities of those two committees are, therefore, deferred. Hon. Senators, the Chairperson Sessional Committee on Public Accounts and Investments is also not around. The Statement on the activities of that Committee is also deferred

The Senate Majority Leader, you may proceed.

Mr. Speaker, Sir, pursuant to Standing Order 52 (1) , I hereby present to the Senate, the business of the House for the week commencing Tuesday, 17th May, 2022.

On Tuesday, 17th May, 2022, the Senate Business Committee (SBC) will consider and approve the business for Tuesday, 17th May, 2022 which is projected to also contain business that will not be concluded in today’s Order Paper. The SBC will further consider Bills at the Second Reading and Committee of the Whole stages as well as Motions as contained in the Programme of Senate Business.

On Wednesday, 18th May, 2022, the Senate will continue with business that will not be concluded on Tuesday, 17th May, 2022 and any other business scheduled by the SBC.

On Thursday, 19th May, 2022, the Senate will continue with business that will not be concluded on Wednesday, 18th May, 2022 and any other business scheduled by the SBC.

There are sixteen (16) Bills at the Second Reading stage, nine (9) of which have been listed in today’s Order Paper for Division at Orders Nos.9 to 18.

Additionally, there are eleven (11) Bills that are at the Committee of the Whole stage; seven (7) of which have also been listed in today’s Order Paper for Division at Orders Nos. 21 to 27.

Cognizant that the end of the term of the Twelfth Parliament is nigh, and observing that there is critical business pending before the House, including the County Allocation of Revenue Bill (Senate Bills No.1 of 2022) and the County Governments Additional Allocation Bill (Senate Bills No.2 of 2022) , among others; I take this opportunity to urge hon. Senators to avail themselves for the voting process for a speedy transition to the next stage of the Bills. I also urge respective Movers of the Bills and Senators moving amendments to avail themselves in the Chamber to prosecute the business accordingly.

In this regard, I also urge Standing Committees to expedite consideration of the business pending before them and table the reports accordingly, pursuant to the Standing Orders.

In conclusion, I wish to aver that we have a brief period to prosecute the pending business before the Senate. Considering that the Senate is scheduled to adjourn on Thursday, 19th May, 2022 for a short recess until 6th June, 2022. In light of this, I urge the offices of the Senate Majority Whip and the Senate Minority Whip to ensure that the requisite number of Senators is attained for the House to undertake the divisions before we proceed for this recess.

Additionally, I urge all of us to redouble our efforts in order to conclude all business before the Senate.

I thank you and hereby lay the statement on the Table of the Senate.

Hon. Senators, we cannot prosecute Order Nos.9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21and 22 because they are all supposed to go for Division and we do not have requisite quorum. I, therefore, defer those Orders.

Second Reading

(Bill deferred)

2 of the Report, Laid on the Table of the Senate on Thursday 2nd December, 2021. (Division) (Motion deferred)

(Division)

Hon. Senators, there being no other Business on the Order Paper, the Senate stands adjourned until Tuesday 17th May, 2022 at 2.30 p.m.

The Senate rose at 4.40 p.m.