Thursday, 19th March, 2026

Clerk, do we have quorum?

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

Order, hon. Senators. We have quorum; therefore, we will proceed with the business of the day. Settle down.

The Senate Majority Leader.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Thursday, 19th March, 2026 –

The Chairperson of the Standing Committee on Health or any Member of that Committee.

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, Thursday, 19th March, 2026-

Next Order.

The Chairperson of the Standing Committee on Health.

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

THAT, the Senate adopts the Report of the Standing Committee on Health on the county oversight and networking engagements to Kiambu County on 10th November, 2025, laid on the Table of the Senate on Thursday, 19th March, 2026. Thank you.

Next Order.

Statements pursuant to Standing Order No.52 (1) . Senator for Nandi, you have the Floor.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a statement on a matter of national importance regarding the centenary celebration

of Kapsabet High School, Kapsabet Town, Nandi County, an institution that has for the last 100 years played a pivotal role in shaping Kenya's leadership, promoting academic excellence and contributing immensely to development of our nation.

Mr. Speaker, Sir, founded in 1925 as a Government African school during colonial period, Kapsabet High School, as was known before as Kapsabet Boys, was established to provide secondary education to African students at a time when opportunities for quality education were extremely limited. Over the decades, the institution steadily grew in stature and reputation to become one of Kenya's premium national schools distinguished by its strong tradition of discipline, scholarship and leadership formation. For a century, this great institution has nurtured generations of young men who have gone to serve our country and the international community in various capacities.

As a proud alumni of admission No. 8708, Form 1 West to Form 4 West of Kapsabet High School, I stand before this House with a deep sense of honour and pride to celebrate the centenary of Kapsabet High School, a school that has shaped generations of leaders who continue to serve our nation with distinction. The school has become widely recognized as a cradle of leadership, producing distinguished alumni who have excelled in governance, public service, business, academia, sports and other fields of national and global significance.

Mr. Speaker, Sir, notably Kapsabet High School holds the rare distinction of producing two Presidents of the Republic of Kenya (I do not know of any other school): The late Daniel Toroitich Arap Moi, who served as Kenya's second president from 1978 to 2002, was a proud alumnus of this institution and one of its most distinguished benefactors.

Equally, and I want Sen. Sifuna to listen to this, His Excellency President William Kipchirchir Samoei Arap Ruto, the fifth President of the Republic of Kenya, also passed through the halls of this great school, further underscoring the institution's long-standing tradition of nurturing leaders, who have shaped the destiny of our country.

Mr. Speaker, Sir, beyond the presidency, the institution has produced numerous distinguished leaders who serve Kenya with dedication and distinction, including myself. These include eminent statesmen such as the famous “Total man” Nicholas Kipyator Arap Biwott, one of Kenya's longest-serving Cabinet Ministers and a former Member of Parliament (MP) of Keiyo South in Elgeyo-Marakwet County.

Hon. Henry Kiprono Kosgey, a 30-year-serving MP of Tinderet in Nandi County and a former Minister in charge of industrialization and education among other dockets; Kipruto Arap Kirwa, former MP for Cherangany and a former Minister for Agriculture. Of course, the late Jean-Marie Seroney, who was my grandfather, respected parliamentarian and former Deputy Speaker of the National Assembly, who was widely admired for his courage and commitment to democratic ideals.

Mr. Speaker, Sir, the school has also produced many leaders who continue to serve our country within Parliament and the devolved system of Government. This includes the Governor for Nandi, the MP of Chesumei, and former Nandi MP, Alfred Kiptoo Keter, among other distinguished leaders who continue to make valuable contributions to the governance and development of our country.

In addition to political leadership, Kapsabet High School has produced distinguished professionals who serve the country with excellence in public administration and other sectors. Among them is Dr Richard Belio Kipsang’, who has served for the last 13 years with distinction as a Principal Secretary in various Ministries, contributing significantly to strengthening our public service in the Republic of Kenya, as well as Dr Chris Kiptoo, the Principal Secretary of the National Treasury, who has played an important role in the national economic management and public finance administration.

Mr. Speaker, Sir, the school's influence also extends beyond governance and public administration to the international arena through sports and other global platforms. Among its distinguished alumni was my classmate, Julius Yego, the Olympic silver medalist and world champion in javelin, whose remarkable achievements have brought honour and pride to Kenya on the global stage. The centenary celebration of Kapsabet Boys, which was presided over by the chief guest, His Excellency, Dr William Kipchirchir Samoei Ruto, marks not only a significant milestone in the history of the institution, but also an important moment of reflection for our country.

It provides an opportunity to celebrate 100 years of excellence in education and leadership, while paying tribute to the generations of teachers, administrators, students and alumni whose dedication and commitment have built this institution in one of the most respectable centres of learning in the Republic of Kenya. This historic milestone also reminds us of transformative power of education in shaping societies and building strong foundations. For the last 100 years, Kapsabet High School has consistently demonstrated that investment in education is ultimately investment in leadership, national unity, integrity and sustainable development.

The school has nurtured young men from diverse backgrounds and equipped them with knowledge, discipline, values necessary to contribute meaningfully to the progress of our country. As the institution embarks on the second century, it is my sincere hope that we will continue to uphold the values of discipline, integrity, academic excellence and service to the nation that has defined it for the past 100 years. I also urge the alumni fraternity, stakeholders and well-wishers of this great school to continue supporting its growth and development through mentorship, infrastructure development and scholarship opportunities, so that it may remain a beacon of excellence and leadership for generations to come.

Mr. Speaker, Sir, in conclusion, I congratulate alumni students and the entire fraternity of Kapsabet High School which continues to distinguish itself from schools that are like polling stations for this remarkable and historic milestone. May this centenary celebration renew the institution’s enduring legacy of excellence and inspire it to continue nurturing generations of leaders who will serve our nation with integrity, patriotism and unwavering support for many years to come.

I thank you.

Next is the Senator for Baringo County, Hon. Kiprono Chemitei.

Mr. Speaker, Sir, 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 proliferation of illicit alcohol in Baringo County.

On 16th February, 2026, residents of Eldama Ravine Town in Baringo County took to the streets to protest against widespread consumption of illicit alcohol in the area which has been contributed to death, of at least 10 people, since December, 2025. The residents raised concerns that the Government’s efforts to address the matter have been inadequate. There is urgent need for comprehensive review of the existing regulatory framework and enforcement measures.

In the statement, the committee should address the following-

The only statement pursuant to Standing Order No.53 (1) has been read by Sen. Chemitei. Next is a statement, pursuant to Standing Order No.57 (1) , by the Senate Majority Leader.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to comment on this important issue. Drug abuse is dangerous to many young people in the country. Sometimes it arises out of depression, joblessness and bad company.

The NACADA recently appeared before the Committee on National Cohesion, Equal Opportunity and Regional Integration and explained that they were facing several challenges including funding. One of the things that came out is that they are trying to

expand to the regions but you could see lack of vigour in the team that visited the Senate. There is a lot of discouragement in terms of how it is anchored in the country. It is under the Office of the President but it seems not to be enjoying budgetary provisions.

Some of the things they are supposed to do are running rehabilitation centres which quite a number of them are run by individuals like Hon. Mututho, who at one time, was the chairperson. He has a passion of rehabilitating many young people who have found themselves in drug abuse. In fact, one time during debate in this House, drug abuse was described as an illness or something difficult to get rid of in the society. Unless there are proper plans by the state to make sure that, first of all, there is no cheap and dangerous alcohol available for young people, which is easily abused, especially by those who have not taken a meal. There is also the need of coming up with ways of dealing with those who consume hard drugs in the country.

The framework is not properly embedded in the system we have. Therefore, there is need to make sure that the agency comes to this House to explain what they are doing for every single county in the nation. There is need to have a rehabilitation centres in every single county in the nation. There should also be a method of dealing with drug abuse and prevention.

One of the ways of preventing drug abuse in the country is to make sure young people are gainfully employed, they are out of bad company and they copy good role models from the leadership of the country. Many parents are unable to deal with this situation because many university students have been affected. They, therefore, delay in completing their studies. Some have become hopeless. Some young and also old people who abuse drugs have been killed by alcohol which is very difficult to cure if there are no proper mechanisms.

We have rehabilitation centres where young people who abuse drugs are beaten. They are known because they exist in this country. They are taken through a very rough moment after their parents pay for that to happen. We should have a humane method of dealing with abusers of alcohol and drugs in the country. One of the best ways is to make sure that we lower our taxes so that companies come and invest in our country. We should also lower the cost of electricity and make life affordable, so that many people can gainfully be employed. That way, they will be busy working instead of idling around and getting involved in dangerous activities. They have been misled to believe it is entertainment yet it is an easy way for one to find themselves dead or abusing alcohol and failing to carry on with their education.

This is something that the country must---

Hon. Senators, before we continue with the comments, I will allow Sen. Mungatana to make his request for a statement, so that it becomes one of the statements that hon. Senators will be seeking to comment on.

Mr. Speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a statement from the Standing Committee on Justice, Legal Affairs and

Human Rights on a matter of countywide concern regarding the status of prosecution of perpetrators of corruption and economic crimes arising from the county Government of Tana River by the Office of the Director of Public Prosecutions (ODPP).

Mr. Speaker, corruption, abuse of office and misappropriation of public resources continues to rise within the county Government of Tana River despite the county's pressing development needs.

In the statement, the committee should address the following-

allowing our young men to participate in the promotion, the sale, manufacture, distribution and supply of illicit liquor, let them be allowed to have access to what will be affordable traditional brew.

I am happy that the good Senator from Kisii is stamping his feet against these brews. This includes brews such as busaa from western region, muratina from Senator of Nyandarua's area and mnazi.

Mr. Speaker, Sir, I am sure you know mnazi. I would be shocked if you were seated there today and yet were not a beneficiary of this mnazi. I know in your life, Mr. Speaker, you have benefited greatly from mnazi, by way of partaking it.

Sen. Chimera, keep the Chair out of your comments.

Mr. Speaker, Sir, I withdraw and apologise. It is common knowledge that some of us from the coast have actually gone to school through the sale of mnazi. I dare say, mnazi hoyee!

I will be bringing, to this Floor, amendments aimed at making sure that our people in Kenya, if they are to consume---

Thank you, Mr. Speaker, Sir. I want to make brief comments on the statement by Sen. Mungatana. Let me just say congratulations to Kapsabet Boys for marking 100 years. Given the reputation of that school, the expectation is that anybody who properly went to Kapsabet Boys can properly pronounce the word centenary and alumni. Those words---

Senator Sifuna---

Mr. Speaker, Sir, let me just finish.

That statement does not attract comments. That statement, it was made under Standing Order 52 (1) .

I am not speaking on the statement. I am just saying it has been brought to my attention and also confirmed that there are some people who passed through and others who went to that school. So, we can tell those who passed through.

I would really want an opportunity to go to that school so that they tell us---

Senator Sifuna, make your comments on the other statement.

So that they tell us if they are proud of some of these names that have been thrown around here such as Biwott, Ruto and these others. They will tell us themselves as an institution.

Sen. Mungatana knows that I am a member of the County Public Accounts Committee (CPAC) . Senator, we are working very hard to deliver a report here to this House on the consideration of the reports of the Auditor General for the Financial Year 2024/2025.

One of our biggest frustrations, as a committee, and this is something that previous members of the committee will also attest to, is that we have made multiple recommendations. In fact, sometimes we get so frustrated that we harass the Ethics and

Anti-Corruption Commission (EACC) liaison officer that sits with us in that committee. It is very frustrating that you can find clear evidence of malpractice, even some that have been admitted by the county entities themselves. However, the progress of investigation and prosecution has been so slow that sometimes we just appear like people who are there to lament.

I will tell you, Sen. Mungatana, that when we ask our EACC liaison officer who sits in our committee whether she has a tool that enables her to track the recommendations that we have made as a committee, and also to be able to report back the status of investigations, the findings of the investigators and the recommendations of the ODPP, she says she does not have that capacity. This is something that we have continued to challenge the EACC about. For as long as we, as a House, have no mechanism of knowing or following up on some of our recommendations, it becomes very difficult for accountability to happen.

Mr. Speaker, Sir, we have also seen a situation, hon. Mungatana, that out of some of the conversations we have in the committee, the EACC, without conducting proper investigations, runs to arrest a governor. It is done with so much drama and the expectation of the public and even for us as Senators in the committee, is that they have evidence.

We saw this with the Governor for Trans Nzoia, hon. Natembeya. He was arrested with so much drama, only for the courts to drop those charges just recently. We continue to push that the ODPP and the DCI must do proper investigations and bring some of these things to a close.

Thank you, Honourable Speaker. Allow me also to congratulate hon. Cherarkey on the statement that he has brought on Kapsabet School, one of the schools that is performing so well and producing---

Sen. Joyce, do not comment on that statement.

Honourable Speaker, I just wanted to comment on the statement that was brought forward by the Senator of Baringo regarding illicit brews. This is one of the challenges affecting most of our youth. I commend the Government, the President and the Cabinet Secretary, for the steps they have taken to ensure a crackdown on these issues.

Mr. Speaker, Sir, across the country, many of our youth are experiencing health problems because of these drugs. We are facing challenges of physical health, diseases and mental health. Despite the efforts of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration regarding youth employment, a number of young people are facing mental challenges due to these drugs.

It is high time we rose to the occasion and streamline these issues. Our youth are becoming addicted to the extent that they cannot work, yet this is the age when they should be assisting the country in development and service delivery.

We have also witnessed a number of deaths caused by these drugs and the frustrations they bring. Others are struggling with unemployment, while others face challenges in their working environment. This has become a major problem in the country. If the House or the relevant Ministry rises to the occasion to streamline and

apprehend the producers of these drugs, we will secure a better generation. Otherwise, I support the statement.

Thank you.

Sen. Beatrice Ogola.

Mr. Speaker, Sir, I rise to support the statement by the Senator for Baringo County on illicit alcohol, which is not limited to Baringo County. I rise, with a broken heart as a parent, because I know what happens to our young ones and how pained parents are when they see their children affected by illicit alcohol.

As a country, we should stop looking at alcohol only as a social issue. It should not be limited to social effects. We must go a step ahead and treat the use and overuse of illicit alcohol as a health issue, just as we treated epidemics like HIV/AIDS. Initially, the public saw HIV/AIDS as a health issue, but later we learned that it was also a large social issue. As a country, we put many measures in place to address the epidemic.

In the same way, we must treat the issue of alcohol, especially among our youth with concerted efforts. We need to mobilise resources and put efforts together as a country. Non-Governmental Organisations (NGOs) , Community-Based Organisations (CBOs) and all partners in this country must begin to address the issue of illicit alcohol and its consequences on our population.

We must also address the issue of unemployment. A number of our youth, having gone to school and finding themselves with nothing to do, resort to alcohol. I wish to inform our youths and everyone that, traditionally, alcohol was something taken after hard work, as relaxation in the evening or at night. It was not something to occupy productive time during the day. The alcohol is not free. One must work during the day and after work, make a choice to take a little that is not harmful to health.

I also emphasise the role of the church. It must take its place in society in the fight against alcohol and its consequences on our communities. I support this statement and urge everybody in this country to take time to attend to our youth and population. Let us look at this as a health issue, not merely a social issue.

Sen. Kinyua.

Bwana Spika, asante kwa kunipa fursa hii. Nampongeza Seneta wa Kaunti ya Baringo, Sen. Kiprono Chemitei, kwa kuleta kauli hii. Utumiaji wa pombe haramu umekuwa janga na tishio kubwa kwa afya ya umma. Pale Eldama Ravine, tarehe 16, kulikuwa na maandamano makubwa. Wananchi waliandamana kwa sababu kutokea mwezi wa Disemba hadi sasa, zaidi ya watu kumi wamekufa. Hili ni janga linalosumbua Wakenya.

Tunakumbuka vizuri kwamba aliyekuwa Naibu Rais, Mheshimiwa Rigathi Gachagua, alipigana na pombe haramu na madawa ya kulevya. Nakumbuka watu wa kutoka Bonde la Ufa tulikusanyika pale Nakuru pamoja na Sen. Joyce na wengine, tukilivalia hili suala njuga. Hii ni kwa sababu tusipopigana na pombe haramu, hatutaharibu nchi pekee bali pia maisha ya Wakenya.

Tunafaa tujiulize sababu zinazofanya pombe haramu kuongezeka nchini ni nini. Jambo la kwanza ni umaskini na ukosefu wa ajira. Watu wanapokosa ajira wanajitosa kwa biashara ya kutengeneza pombe haramu kwa sababu wanapata wateja kwa urahisi.

Jambo lingine linalopelekea kuenea kwa pombe haramu ni bei yake nafuu ukilinganisha na pombe zilizokubalika. Kwa sababu ya ukosefu wa pesa, watu wanaendelea kubugia pombe hizi.

Vile vile, kuna suala la ufisadi na ulegevu wa asasi za usalama zilizopewa majukumu hayo. Wanaotengeneza pombe hizi wanatoa hongo au mlungula kwa maafisa wa usalama ili wawakinge. Kwa hivyo, utapata wanaendelea kutengeneza pombe hizi na wananchi wa Kenya wanaendelea kuumia.

Bwana Spika, ukweli usemwe kwani; “mghala muue na haki yake umpe.” Wakati Sen. Chimera anaongea kuhusu utamaduni wetu, watu walimpigia makofi. Lakini, watu wanatumia pombe kama busaa na zinginezo zilizotajwa kama kisingizio cha kuleta pombe haramu.

Kwa hivyo, naunga mkono taarifa iliyoletwa---

Sen. Richard Onyonka.

Thank you, Mr. Speaker, Sir. First, I wish to acknowledge that I am happy this House has biometric registration. Sometimes, because of old age, we have been misplacing our cards, so I feel much safer and more secure.

Secondly, I am proud to see the student in Form One. Hon. Cherarkey is sometimes bright and brilliant, but at times, he represents behaviours which I often see among my Kisii people. I have never wondered why he behaves like a Kisii yet he went to Kapsabet. When you are a Kisii, you go to Kisii High School, Cardinal Otunga, or St. Mary's Yala.

We treat the issue of alcohol and drug abuse like it is a criminal offence yet it is basically a mental, socio-economic health issue, which I believe, is mishandled. I wanted to correct my brother, Sen. Kinyua. The reason why alcohol has been used and abused is because we, the people who sit in this House, are the ones who sell ethanol that comes from Uganda, Tanzania and South Africa.

If you want to get rich quickly, sell ethanol. We have refused to stop the individuals who are getting this ethanol. This is because they take it without following the standards and they produce some of the things that are killing our people.

Tanzanians have a drink called Konyagi made and brewed in Tanzania. If you go to Uganda, there is a drink called Waragi, made and brewed in Uganda. However, in Kenya, we have never standardised our local brew. So, we allow our people to drink chang’aa and whatever is available. The market that we have allows our young people to drink whatever they can.

Secondly, what Sen. Chimera said was very good. There is nothing wrong with this House or any institution that is responsible, to go out there and demarcate areas where our poor people who are not able to afford a beer, can go and buy a drink for Kshs20 or Kshs30. The only thing we need is to standardise and make sure it is packaged well.

I want to thank Sen. Kiprono Chemitei, the Senator for Baringo, where many of my aunties come from, for raising that issue. Keep up fighting for your people. I wish you well in your endeavour to become an excellent Senator.

Thank you, Mr. Speaker, Sir. I want to comment on the issue raised by my colleague, the distinguished Senator of Baringo, Sen. Kiprono Chemitei. I

think he is learning very fast and we are proud of what he is doing at the inceptive steps. I want to discourage people who went to schools that are used as polling stations to know that some of us are proud of Kapsabet Boys.

On the issue of alcohol and illicit brew, I am happy that the Ministry has given chiefs NGAPU. We need to use NGAPU for enforcement in the fight of illicit brew in our counties. The problem is that most of the administration police collect what we call protection fees. Therefore, it is important for Mututho law to be applied. You have seen even some clubs---

The Chairperson of the Committee on Education is looking at me excitedly. Some of the clubs are located next to schools yet it is against the Mututho laws. The issue is not lack of laws. The issue is enforcement of laws.

I appeal that we need to tax exempt Kenya Breweries Limited (KBL) so that they make cheaper, safe and accessible alcohol. We know that the holiday starts tomorrow. There are young people in this city and across many other cities, in Kenya, that do what we call “aluta”. This means that you disappear for three days like Jesus Christ and come back to your house after enjoying yourself for over three days.

I also agree with my in-law that mnazi, busaa, konyagi and the rest should be allowed, especially for ceremonies. For example, Muratina is used for blessings and libation.

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

Senator for Nandi, there is a point of order.

Thank you very much, Mr. Speaker, Sir. I rise pursuant to Standing Order No.105. Is it in order for the distinguished Senator for Nandi to mislead the House and the nation that Kapsabet Boys is not used as a polling station, yet he is in this House, courtesy of the votes that are being cast in polling stations?

Mr. Speaker, Sir, as my late grandfather and former Deputy Speaker of this House, Jean-Marie Seroney said, when people rise up to question some of the things, you do not need to answer them. So, I leave it to rest and allow the distinguished Senator for Baringo to come for notes later to distinguish between a polling station, a high school and a national school.

I was saying alcohol is used for blessings especially in ceremonies like circumcision, among others. In December, the Ministry of Interior and National Administration should give us a one month leave so that we ensure our children, who go through initiation ceremony, celebrate well.

Finally, I support the statement on the issue of corruption. I think my time is well spent but it was taken by Sen. Mandago.

Thank you, Mr. Speaker, Sir. I want to first make a comment on the statement issued by the Senator of Tana River, Sen. Mungatana, my neighbour. The issue of corruption in county governments has really become of serious concern, not just to this House, but to every Kenyan everywhere.

I am happy that this statement has come from Sen. Mungatana at such a time as this. This is because last night, as I watched the news, I got very disturbed. One of the disturbing issues that I saw was the rate at which county governments are absorbing development funds.

Tana River is absorbing only 3 per cent of its development funds. This means that even if they have budgeted billions of shillings in development, a lot of that money stays unutilized, yet, when you go there, you will find hospitals, Early Childhood Development (ECD) centres, dams and markets that have stalled.

Mr. Speaker, Sir, there is need for a broader and deeper conversation about the performance of county governments, especially the absorption of development funds. The whole essence of devolution, if I understand it well which I do, is that it was supposed to make sure that people determine their own development agenda. When county governments plan for development, there should be proper execution, so that it is not just people seated in boardrooms in Nairobi deciding on what needs to be done in Marsabit, Laikipia or Bomet. The people of those specific areas determine their own development agenda and they participate in making budgets to finance their own development.

As I said, there is need for a deeper and wider conversation around that issue of corruption and the rate of absorption---

Hon. Senators, we have fully utilised the 15 minutes that I had allocated for comments. We will, therefore, proceed to the next order.

At the interruption of debate, Sen. Joyce Korir had the Floor and you have a balance of 13 minutes. You may take them or you may rest.

Thank you very much, Mr. Speaker, Sir. I remember that I was contributing to this report on the Commonwealth Parliamentarians on the issues of People Living with Disability.

Mr. Speaker, Sir, despite the efforts that have been taken by the Kenyan Government, in terms of making sure that they incorporate the PWDs or pupils living with disability within the primary schools, for instance, by providing ramps in a number of buildings, we still have a lot of shortages.

We have a number of PWDs within our villages who are still languishing in poverty. It would be prudent for the relevant Ministry to come up with a formula of how they can have data of these the PWDs.

Despite the fact that we have the cash transfers that are made for these people, you find they are given peanuts, that is Kshs2,000 per household and yet the challenges are so much. They cannot use it even to pay fees; they cannot use it even for basic needs. It is high time we relooked at the whole issue of capturing the data across the country so that, at least, we ascertain the number of PWDs per county. Not only that, we also need to ascertain the number of school-going students, we also need to ascertain the number of families that are having extreme issues of poverty. I am saying this because even as we speak, I am trying to put up a house for one of the families in Bomet County, where they

have three children living with disability and the family is living in a very deplorable state.

We cannot do it as individuals, but if the Government could take the initiative, just like other countries where these PWDs are being taken care of by the governments, we would set up an independent body to be looking at these people so that their issues are addressed.

Mr. Speaker. Sir, I want to make a plea. It is not enough. We have the representation within the county assemblies, we have the representation within the National Assembly, but still their issues are not addressed. Despite the fact that the Government has come up with a number of programmes, with regard to issues of cash transfer, sometimes you find the women representatives also trying their best in terms of making sure that there is a system in terms of starting their businesses. It is still a challenge in this country. We also have a lot of them who are not captured. There is even the issue of registration, where they have to go far to be registered. If we can have a way as a Government where they can move to the villages to make sure that they do the registration at the grassroots level, we will sort out this menace once and once for all. We will be able to assist these people.

Away from politics, because sometimes, for example, when we are going for campaigns, most of the time you find things that are happening are just being done because of political mileage, I believe this should not be happening, especially for these PWDS. When you make a visit to their families, you really see the way they are going through a very rough time.

The parents of these children cannot do anything. A number of them are not employed, so they need to leave their kids inside the house to go look for their daily bread and it becomes difficult. Some of them even do not have assistive devices to assist these children to move around. So, it becomes a challenge. We need to look into this.

I know there is a Bill that was brought by hon. Sen. Crystal Asige. I believe that there are a number of amendments that we need to come up with. I still believe that this issue is not adequately addressed. I am of the idea that we have to relook at this.

I must commend the parliamentarians for really touching on this issue, but I still want to believe that we have a long way to go. We need to sort this issue once and for all. We need to have an independent body dealing with the PWDs. We need to have the correct data. We need to have all of them who are supposed to be assisted or who are vulnerable. They must be in the list of those who are being assisted by the Government. I also want to urge the Government, through the relevant committee, that we need to look into ways of increasing this stipend of Kshs2,000 that is being given on monthly basis, because it is a challenge.

Yesterday during the registration in some of the counties, you would find an elderly person, at the age of 60, who has not been able to register as a citizen. If those people are not registered just because of the--- I can talk about vastness of the county, vulnerability and understaffing in some of these Ministries, what of these people living with disabilities who cannot go anywhere? It is high time we moved to the grassroots and made sure that we have all these details at hand so that, as we are planning and budgeting, we make sure that all these families are assisted.

I beg to support.

Sen. Wakili Sigei, you have the Floor.

Mr. Speaker, Sir, my request earlier on was to comment on the previous statements which you since passed on that and the second request, of course, was to move my Motion. So, I do not know whether the opportunity granted to me is to---

The opportunity is to contribute to the Motion.

Well, I will pass so that I move my Motion.

Sen. Wamatinga, you may proceed.

Thank you very much, Mr. Speaker, Sir, for giving me this opportunity to contribute to this Motion, one of the most important topics that we, as Africans, because of the very traditions that we have, are shy to speak about. When you talk about disability, we visionalise physical disability. It is, indeed, very important, and I want to concur with my colleague, that this is a topic that we need to go in-depth.

Disability does not stop at physical limitations. It does go a long way even in mental limitations. It is a matter that we are all alive to, that, some students in school do suffer from dyslexia, dyscalculia and many other disorders that put them at a very, very high disadvantage especially when they are put in the same class with average students.

These are some of the issues that we must build, as a country. We must build capacity for teachers in schools, for the community, and, indeed, for the larger society to take note that there are kids who suffer from these disorders and, therefore, do need a lot of attention.

In developed countries, we know that kids who are gifted differently sit different exams. This is one of the few countries in this part of the world that generalise the exam for everybody and expect that everybody will perform well without taking note of the limitations that the students have.

Mr. Speaker, Sir, it is imperative that we, as a society, parents and teachers, start taking into account disability that affects pupils from an early age. It may not be understood by a common person how disheartening, demotivating and demoralising it can be for an average student who is put into the same classroom with someone who is suffering from dyslexia to perform the same way. This should even inform the curriculum that we use to train our teachers and to teach our kids in school. We cannot equate two learners, who do not have the same mental capacity, to undertake the same exam. As we explore this subject of disability, it must be defined further. It must be broken down into smaller units. We must go down to not only those sitting on wheelchairs or blind alone but we must also go deep down further to those who also have limitations, mental limitations, by the nature of some limitations that they have, so that we are able to design a curriculum for them that will take care of them and carry them along.

As I was listening in a meeting that I attended yesterday, and I had an opportunity of interacting with children who suffer from different forms of disability, I was surprised how gifted they are and whether their parents nurture them right from the right age. A child who can barely speak; a stammerer, when given a microphone and they start to sing, you would barely believe that they have any challenge. That is only possible if that is identified right from the word go, nurtured, and most importantly, encouraged to take that flow. Same as those students who are gifted in arts. Some of them are very talented,

but once they are pushed into the normal curriculum, they lose their touch and their talent gets wasted along the line. They end up getting wasted, and therefore, we, as a House, must be in the frontline in ensuring that we capture all the categories of disability, but most importantly, the allocation, as has been said by my colleague, is barely enough to see them through.

Having said that, it is also imperative that we conduct a lot of civic education. We know that Africans, most of us, because of the very way that we have been brought up, we are mostly ashamed of saying that we have children or families that are abled- differently. That is why we must go back to where we were and conduct civic education. Saying that being differently abled does not mean disability; that being disabled does not mean that you are not able-bodied because we have seen heavily talented children and people.

I do remember in our time, Stevie Wonder, who was one of the greatest musicians who has ever lived in his time, that he was a bright person. That never limited him from becoming one of the greatest singers of all times. Therefore, I do believe that it is important for this House and we, as a country, to acknowledge and take note that, rather than those who are just physically disabled, there are people here who have mental challenges. Some of these conditions you are not able to detect them from the onset, and therefore, it is important that we train our teachers so that they are able to detect these cases early enough, right from early childhood

These can be mainstreamed to ensure that their talent and confidence do not get eroded, and most importantly, that they walk the journey depending on the challenges they have to ensure that the talent that they have does not go to waste.

Thank you, Mr. Speaker, I support.

Sen. Mandago? Sen. Okenyuri?

Senate by Hon. Isaiah Maina, a Member of the County Assembly of Nandi, representing Ol’lessos Ward on proposed - I am still learning how to use these gadgets - amendments to the County Governments Act, CAP 265, laid on the Table of the Senate on Wednesday, 11th March, 2026. Mr. Speaker, Sir, the report to this petition is in the gadgets and I would like to request Members to have a look at it because we received the petition on 23rd September,

are available to a county assembly or to the governor in circumstances where that particular officeholder is absent from office.

That is actually the basis upon which the Committee and the other stakeholders said that this then is not warranted because we have over-legislated on that aspect. Secondly, the Constitution provides for instances and action that need to be done in the event of absence of such an officeholder. Therefore, amending the existing law in itself will be going against the provisions of the Constitution and, therefore, the Committee rejected that proposal.

The second proposal on the amendment to Section 30(2)(d) spoke about the appointment of the County Executive Committee Members (CECMs). In this case, hon. Maina is saying that before a governor appoints any individual, he must advertise. He must seek from specific competent institutions, certain individuals so that the law according to him would require a uniform appointment or organizational structure and process of appointing these people subject to now the county assembly approving.

Mr. Speaker, Sir, we are aware that county executive committee members are political appointees and, therefore, legislating on this aspect will take away the autonomy of a county governor who has been elected by a majority of the public from that county, so that he is controlled on how he will do it.

Secondly, he desires to say that all county governments have uniform structure. That is, obviously, not possible because the County Government of Nairobi, for example, has got more than 80 wards, whereas the county I represent of Bomet has got only 25 wards.

If, therefore, we were going to say that we will amend the law to have a uniform structure, it means that I have got 11 CECMs in Bomet. The Nairobi City County Government, which is bigger and larger, would be required by law to have the same number of CECMs. That is not possible. It is not practicable and the Committee as well as the stakeholders that appeared before the Committee rejected that proposal. This is because we have different county governments with divergent interests and divergent views in terms of the departments that they would create. For instance, the County Government of Nairobi would have a department of disaster management or even the regeneration of Nairobi River, whereas a county in North Eastern that does not have a river does not necessarily require such kind of a department. That proposal equally was rejected.

It was seeking to sort of have a prescriptive way of creating departments within county governments and, therefore, it could not convince the Committee that, that was required.

Mr. Speaker, Sir, I am picking a bit of those which are critical. In Section 58(a), hon. Maina is making a proposal that we create a timeline within which, where there is an existence of a vacancy in the office of the chairperson or the secretary to the County Public Service Board (CPSB), that timeline is made limited, so that we do not have a longer period of time where a county public service board cannot sit to either employ, discipline or to undertake the role of that office because of the absence of a chairperson or a secretary.

In most cases, what happens is that when a rogue county governor, like the Governor for Bomet, who is very rogue; when he does not want to run the county government appropriately and in the event of absence of an office - like in this case, we had him reconstituting the CPSB the other day, we were without one for almost six months - then that law, as it is right now, has given the governor the leeway to decide when he can fill that position. This proposal by hon. Maina requires that it should not be vacant for a period of more than three months. Actually, the proposal says that in the event of a vacancy arising in the office of the chairperson of the CPSB or that of secretary, a period of 14 days should not lapse before a replacement or a process of replacement begins.

Mr. Speaker, Sir, in that way, it protects the operations of the CPSB, it protects the employees who are employed by that board and ensures that rogue governors are not given the leeway to decide that there is no CPSB and, therefore, there cannot be anything that can be done within that period.

Secondly, the proposal seeks to give quorum in law, that as long as there are no less than three members of the board, the board is correct for purposes of transacting its business. In that way, it also cushions the CPSB from conducting its business as long as they have the number that the law provides.

That is the proposal that the Committee agreed with hon. Maina and, therefore, sought to recommend that, for purposes of making sure that we cushion the CPSB and have it able to operationalize its mandate, then we should have in law the quorum as well as a timeline within which in the existence of a vacancy, we have the governor required within a period of 14 days to advertise and thereafter recruit members to the CPSB.

There is another proposal that the Committee made that requires the CoG as well as the CPSB to establish a policy framework on the procedures, which are generally required for purposes of making a report to this House.

Remember, under Article 96, this House is mandated by the Constitution to protect our county governments and devolution. Where there is no policy framework on how CPSBs as well as the Senate can as well undertake oversight of such institutions, we fail to do what the Constitution requires of us to protect the county governments. The Committee is making the proposal that we have the CoG as well as the CPSBs create a policy framework to ensure that such reports arising from the CPSBs can get to this House, so that we get the opportunity to interact with them and where necessary, make additional oversight recommendations. Section 58(a), which is a proposal to be introduced, is what the Committee agreed with hon. Maina and we will make that proposal to amend the law.

Mr. Speaker, Sir, as I end, I thank the Members of the Committee. I can see some in the House who participated in engaging the stakeholders in understanding the Petition and why they rejected the proposals which hon. Maina, as well as also making far- reaching recommendations with regard to the administration and management of CPSB.

I beg to move and ask my neighbour, Sen. Mungatana, to second. Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, may I start by congratulating Sen. Sigei, who is the Chairperson of the Senate Committee on Justice, Legal Affairs, and Human Rights (JLAHRC) , for bringing this Report before the House. I beg to second.

Mr. Speaker, Sir, Sen. Sigei is one of the most hard-working chairpersons. Through his effort, we have seen the Senate Committee on Justice, Legal Affairs and Human Rights has been able to meet early in the morning, unlike all other committees. So, I really thank him and his team for the good work they have done in this Report.

I would like to also recognise Hon. Isaiah Maina, who is a Member of County Assembly for Ol'lessos Ward. This Hon. Member is and should be a good example to all other Members of the County Assembly listening to me across the country today. Hon. Isaiah Maina, whom we are mentioning in this House, should be honoured. He has looked at the County Governments Act and said there are things, if we change this law, would benefit all the county governments in the Republic of Kenya. He has taken time to make various proposals through this Petition to the Senate Committee on Justice, Legal Affairs, and Human Rights.

Mr. Speaker, Sir, this gentleman is a good example of what cooperation can be between county assemblies and the Senate, how we can work together to make sure the laws that we are using are fit for purpose. He has brought several proposals through this Petition to the Justice Committee of the Senate, and two of these proposals have passed.

Mr. Speaker, Sir, in the first proposal, he says we have got to have a law that is uniform for all governors, deputy governors and County Executive Committee Members, who are serving in terms of leave and absence from office. There is no uniformity in terms of these policies across the 47 counties. In fact, there are several county governments that do not have any policies on leave. As a result, there is a county governor who goes on leave without saying. You do not see him in the county or doing any executive work, but he is not in the county. No one knows where he is. They just disappear. There is no leave policy. The deputy governor who is consistently in the county is not given any responsibility.

For instance, there is no letter that shows the County Governor of Tana River County has travelled to Nairobi. Therefore, all matters for the next one week must be handled by the deputy Governor. He is the acting governor for the period he is away. This will ensure that business in the county continues. There is no such policy. I know it is not just my county, but across the 47 counties. Governors do not bother. They travel abroad and spend one month or three weeks outside the county. The deputy governors are there, but there is no policy on who is supposed to make executive decisions.

Mr. Speaker, Sir, our Governor, Hon. (Dr.) Dhadho Godhana, went to Belém in Brazil for three weeks. The requirement is that you must show the public benefit for your travel and file a report. That report has never been filed. He stays in the county for a shortwhile. Now, they have made a plan. In fact, there is a letter by a gentleman called Maurice Osono, the County Chief of Staff, requesting a rural county called Woodlands in Alberta, Canada, to invite them, so that they can go to learn about governance in that county. They will stay there for many days. If you just calculate just for seven days, it will cost the County Government of Tana River at least Kshs4 million to keep a governor

there. This is contrary to the requirements of public travel for governors. They must show the public benefit for that travel.

This is a second-term governor who has been a Member of Parliament, an Assistant Minister and a Major in the Army. Why would you want to take money from the county, with a delegation of people, to go and stay in a rural county called Woodlands in Alberta to learn about governance? It is a shame. I have made a formal complaint to the Canadian High Commissioner to say that they should not be given any clearance to travel. I have made a complaint to the Cabinet Secretary in charge, so that we can have real-time oversight on these things. There is no policy of travel. People just absent themselves. They feel like having a holiday and take off.

CECM leave office for whatever reason. This is so that our county governments can run without a hitch and decisions can be made without a problem. Let us not personalise these offices.

The other recommendation was given through the Justice, Legal Affairs and Human Rights Committee of the Senate, accepting what Hon. Maina had said through the petition he filed. He says that there must be a uniform law determining how quorum is found within all the county public service boards.

The County Public Service Boards in the 47 counties have become a source of grief for the people of Kenya. I speak with a lot of pain from the people of Kenya. Many applications are done to them, where you see advertisements, people are called for interviews and then, the whole thing goes quiet. You do not know if you are successful or not. Then all of a sudden, some people are given letters and others are left out. Our young people are left hanging, not knowing what has happened to them.

The County Public Service Boards have become a law unto themselves. They do not respond to inquiries, they do not operate transparently and even when they employ, they do not have a clear transparent manner in which they return the results of those employment applications. The County Public Service Boards have become a source of many audit queries.

I am speaking for the County Public Service Board in Tana River. There have been a lot of queries in terms of high legal costs. People sue the County Public Service Board and the kind of fees the County Public Service Board is paying them is unreasonable. They prefer to use a lawyer on very simple cases that can be resolved just by discussions, because one hand gives and the other hand collects.

Mr. Deputy Speaker, Sir, we must bring order. I really agree with Hon. Isaiah Maina, the member of Ol’lessos Ward from Nandi County in this proposal that has been approved by the Senate Justice, Legal Affairs and Human Rights Committee. I encourage the Committee to move quickly because time is not with us. Let us make a difference on how our counties operate.

Let the proposed amendments of that Section 58(A) of the County Governments Act come and we very quickly debate. It will come here as a Committee amendment and so, we will move it very quickly on the Order Paper. I know that this Senate will support it very quickly, so that we can start making our counties function properly.

As I sit, I just want to repeat to the MCAs across the counties that, please, do not just sit there; let us keep on cooperation. If you see that the law is not working, come and talk to us the way hon. Isaiah Maina did. We will listen to you and improve the workings of our county governments. For the time that we will serve in this Senate, we will assist you.

Mr. Deputy Speaker, sir, I wish hon. Isaiah Maina was here because, this is the kind of public servant that deserves all the support. I know if Sen. Cherarkey goes to be a governor, he will support the hon. Maina to be the Senator for Nandi County, so that he can come here and help us make laws. These are the kind of people who should help develop our legal system and make our places of work better.

Mr. Deputy Speaker, Sir, with those many remarks, I beg to second this Report. I thank you.

Before I open the Floor for debate, let me make this Communication.

Thank you, Mr. Deputy Speaker, Sir. I wish to take this moment to also welcome Mr. Obino Nyambane, a man well known to me for quite some time now and congratulate him for what he has been doing for quite sometime, even before he was recognised.

It is interesting to note that just recently, courtesy of Mr. Obino, I got to identify that the clan which I come from, Omosweta in Kisii, is actually named after that. From the information I gathered from Mr. Obino, it is said that when Osweta was born, he was very hairy and they equated that to a colobus monkey. Later when monkeys attacked

fields of other persons in Kisii, his maize field was never attacked. Courtesy of that, our clan accommodated a monkey as a friendly guardian in the community.

Mr. Deputy Speaker, Sir, I feel this is the reason we need to notice and acknowledge such kind of persons in our communities. It is not just Abagusii but all other communities that make we, people, proud Kenyans. It reminds us of where we come from, so that you can proudly walk knowing your roots well.

For the students and teachers who are visiting the Senate this afternoon, I encourage the teachers to also take a moment and mention about culture, so that we bring up a society which takes pride in their culture. That goes beyond this kind of recognition.

Mr. Deputy Speaker, Sir, I also want to commend the Senate for always pushing agenda that promote culture. We have Senators who have been on the frontline for promoting their culture. Just to mention a few, we have Sen. Boni Khalwale and the Nandi warrior, Sen. Cherarkey, who have always spoken passionately about their cultures.

With that, I felt it fit to have Mr. Obino recognised by the Senate this afternoon. Thank you, Mr. Deputy Speaker, Sir, for fulfilling that request.

Hon. Senators, I have another Communication to make.

Thank you so much, Mr. Deputy Speaker, Sir. On behalf of my colleague Commissioner, Sen. Wamatinga, the Senator for Nyeri, I take this opportunity to welcome students and teachers from Nyeri County and wish them a beautiful learning exposition as they visit the Senate to understand how legislation is done and functions of the Senate in supporting devolution.

As you are aware, Early Childhood Development and Education (ECDE) is devolved and is part of the foundation of education in this country. That is a function of

counties that we, as a Senate, including the distinguished Senator for Nyeri, oversight. We also have vocational and technical training centres.

Mr. Deputy Speaker, Sir, we wish these learners all the best. Hopefully in the near future, some of those seated today in the Public Gallery will be in this House to debate and make progressive laws that are going to take this country forward. I wish them well and also extend a warm welcome to them to visit Uasin Gishu in the future.

I thank you.

Fair enough. Now let us go back to our normal business. I now want to open the Floor for debate on the Motion by the Committee on Justice, Legal Affairs and Human Rights.

Proceed, Sen. Cherarkey Samson.

Mr. Deputy Speaker, Sir, I also join you in welcoming the great students from Kianjogu Senior School in Nyeri County and wish them well. I am happy they just walked in when the debate on a report of the Committee on Justice, Legal Affairs and Human Rights was going on. I hope one day one time---

Nyeri is a distinguished county because it produced the third and most innovative president who revolutionised the economy of our time; that was His Excellency Mwai Emilio Kibaki. We hope you will emulate the standard that he set.

Nyeri is also a beautiful county where the Mau Mau uprising took place. We have a fake Mau Mau veteran who looks like one but we know the original ones that were in Nyeri. Of course, they joined Koitalel and the rest to fight for liberation of this country.

Feel most welcome. I hope you will learn as much as you can.

Mr. Deputy Speaker, Sir, as the Nandi County Senator or Senator of the Republic of Kenya from Nandi County, I congratulate the Committee on Justice, Legal Affairs and Human Rights, led by the distinguished Senator for Bomet, Sen. Hillary Sigei Wakili, for considering this petition by Hon. Isaiah Maina who is the current Ol’lessos Ward Member of County Assembly (MCA) on the issue of various legislative proposals. I am happy with how they have considered the interventions.

Hon. Maina is serving his first term as Ol’lessos MCA in Nandi County Assembly. I am happy because we need this conversation. County assemblies and the Senate play their roles subsequently. Others are primary but we do secondary oversight. I thank him for finding it wise to bring such proposals to the Senate.

There is also a former MCA of Nandi Hills Ward called Gideon Koech. During the last session, he also brought proposals on issues of tea. This House is ready to welcome any innovative idea, so long as our main aim is to make devolution work.

Meru is my second home. The MCAs there have been good friends of mine and I want to encourage them. That is the role that MCAs should play.

Mr. Deputy Speaker, Sir, you and I know that MCAs face a lot of challenges. I am happy that you moved a Motion to give them financial autonomy. When they have financial autonomy, they should do oversight without fear or favour to anybody. The

President has assented to that law. They will have their vote in the National Treasury that will be overseen by the Controller of Budget (CoB).

The problem we have with some MCAs is being appendages of county executives where they explain programmes more than governors. When you go to a function, you may think that some MCAs are County Executive Committee Members (CECMs) because they speak much about county executives as opposed to doing their oversight work.

I know the challenges that MCAs face like the issue of salaries. I want to thank His Excellency the President because during the County Assemblies Forum (CAF), he assured them that the Salaries and Remuneration Commission (SRC) and the Prime Cabinet Secretary Office will sit down and address challenges of salaries and allowances. The issue is building ability and capacity for MCAs to do their job.

Mr. Deputy Speaker, Sir, you and I know that whenever problems occur in our villages, the first place Kenyans go is to the MCAs. I know Sen. Methu understands that because he served in Nyandarua County Assembly at some point as a Personal Assistant (PA) to one of the speakers who wanted to be our representative but he did not succeed. Therefore, we are building the capacity.

The MCAs should also be given mileage and sitting allowances and be allocated offices to enable them get researchers who can do a good job the way Hon. Isaiah Maina has done by petitioning us. Therefore, I want to assure MCAs of this country---

My friend, Wa Maria from Naivasha, used to be a good friend of mine. He used to be one of the biggest supporters of the United Democratic Alliance (UDA) Party but now Sen. Methu has convinced him to preach another gospel. Coincidentally, Sen. Methu is a sharp person. I had not realised that until today.

When they were receiving a former nominated Senator, that is hon. Omanga, whom we served together in the previous Parliament who was also our prolific UDA campaigner, the only person who was sharp not to wear the Democracy for the Citizens Party (DCP) cap was Sen. Methu because he is still in UDA.

I call upon the UDA Party to punish the MPs for Embakasi Central and Naivasha for promoting another political party contrary to the law. I challenge the UDA Party Disciplinary---

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

Sen. Cherarkey, there is a point of order by Sen. Methu John.

Thank you so much, Mr. Deputy Speaker, Sir. The Senator was going on very well until he--- I was just quiet because, yesterday, you were really on my case when I tried to defend myself against the aggression of Sen. Cherarkey. I think he has continuously misled the House that I was at the party headquarters receiving hon. Millicent Omanga.

Mr. Deputy Speaker, Sir, may I inform you that I have been in Parliament since

So, on your point of order, what did you want to achieve?

No, I wanted the records to be set.

You wanted him to clear the point?

No, I wanted it to be expunged from the records of the Senate that I was in that function.

If you do not request, we do not push you because your point of order is irrelevant.

It is not irrelevant because it is him who has stated that I was there. I have stated that I was not there.

Proceed, Sen. Cherarkey.

Mr. Deputy, Speaker, Sir, I hope the party leader of DCP is watching because even Jesus Christ was denied three times. Senator Methu has denied before the Floor of the House that he is not a member of DCP and he has been lying to the people of Nyandarua. The party leader who will give out nominations should mark that this is Simon Peter who denied Jesus three times.

Besides that, let me proceed with my submissions. I was borrowing from his experience as a member and one person who worked within the Nyandarua County Assembly in the last session. I appeal that we take care of the interests of MCAs. We are not saying, and Kenyans should get this right, that MCAs be paid for the sake of them being paid. We want them to build ability and capacity, the way you have done, Mr. Deputy Speaker. Your legislative proposals are brilliant and beautiful.

Mr. Deputy Speaker, Sir, as a Meru Njuri Ncheke elder, you saw the legislative proposal through and you know that the best way for MCAs to do their work independently is to give them financial autonomy. We need to improve on their own allowances, salary, mileage allowances and office operations, so that they can have researchers and people who can assist them.

In the proposal from the petitioner, they want deputy governors not to be assigned the roles of County Executive Committee Member (CECM) . The reading of Article 179 (4) (5) says that the chief executive of a county is the governor and the deputy chief executive is the deputy governor.

The reading of Article 179 (5) says that when the governor is absent from office, they are supposed to delegate their role to the deputy governor, yet the governors and their deputies campaign together because of different dynamics in counties. However, when they get elected, they start fighting over positions because of power. People want power. You saw our colleague, the Senator of Siaya, saying: “We want power. Tunataka power.” That is when the fight begins.

You saw what happened in Kericho between the governor and the deputy governor. Since they were elected, they have never seen eye to eye. You remember in the last impeachment against the Kericho Governor, the deputy governor was also among the complainants accusing the boss of corruption.

In Uasin Gishu, the the former deputy governor resigned out of frustration from the governor and the executive of Uasin Gishu, Eng. Barorot. In Trans Nzoia, the matter

of Philomena Kapkory, the distinguished lady deputy governor was even brought to the Senate. There was an issue of disrespect to women by the Governor of Trans Nzoia.

I thank the ODPP. I have seen they have appealed against the acquittal of charges on corruption against the Governor of Trans Nzoia. I am worried, and I do not know whether colleagues saw, in the verified social media platforms, the distinguished Governor of Trans Nzoia trying to profile some communities within the county. Trans Nzoia is a cosmopolitan county. I appeal to the National Commission on Cohesion and Integration (NCIC), because I saw in the verified social media platforms, the Governor of Trans Nzoia trying to profile some communities, especially the Kalenjin. I do challenge the NCIC to move with speed, arrest and investigate that incitement that was carried by the Trans Nzoia Governor, which is contravening the NCIC Act.

I remember the last time I made a comment, I was put in a Land Rover that did not have brakes. I went through the process in Milimani Law Courts. I slept in many police stations because of that, but later I was acquitted because what I said was not construed to be incitement.

The Governor of Trans Nzoia should be stopped. If we allow him to profile communities--- Why would a governor of a county want to profile communities? I thought he is a governor of everybody.

You saw when the Siaya Governor brought the deputy governor, hon. William Oduor here, we refused to impeach him because we found that it was political vendetta. The Governor went ahead and locked the deputy governor William Oduwole out of office. They took the car from him and sent goons in Siaya Town. The deputy governor of Siaya cannot access his office up to today.

That is why when I saw the Governor of Siaya yesterday trying to lecture the President, I was shocked because who comes to equity must come with clean hands. What can Governor Orengo tell us about the rule of law and democracy? Who is he teaching since he is intolerant against his deputy, who he was elected jointly with, yet he cannot access the office? Then he tries to lecture the President of the Republic of Kenya. That is shameful.

Even my own county, Nandi, the deputy governor has just been reduced to a flower girl, only to go to the office, stay, go away and read newspapers. I think the intent of the Constitution was that it would be the wisdom of the governors to ensure that deputy governors are assigned duties. I am happy that a number of governors have assigned duties to their deputies.

Mr. Deputy Speaker, Sir, I do not know your new deputy governor of Meru. I have not known much about her except the other day when she was being nominated, I saw her landing in a chopper.

I know women leaders such as Sen. Joyce would not be just excited that women are nominated to be deputy governors. That is not enough. They must be given real power to exercise.

The Deputy Speaker (Sen. Kathuri): Sen. Cherarkey, it is only that I am not on my usual seat as the Senator of Meru. In my mind, I do not remember when a deputy governor for Meru came to Meru on a chopper for that purpose. Sen. Cheruiyot could ask

on my behalf for you to substantiate, because that is not a statement of fact. Maybe you saw something on social media that you should verify your information.

Sen. Cherarkey, it is only that I am not on my usual seat as the Senator of Meru. In my mind, I do not remember when a deputy governor for Meru came to Meru on a chopper for that purpose. Sen. Cheruiyot could ask

Sen. Wakili, is it a point of order or information?

I overheard Sen. Cherarkey asking that the Chairperson of Justice and Legal Affairs Committee should have sat here, yet I am on my seat here. I just wanted to give him the comfort that I am following his contribution, because this is our Motion. That statement could be misinterpreted to mean that I am not a serious Chair by those who are sitting out there. I am present, seated and keenly following your contributions.

Sen. Sigei, you should have comfort. Sen. Mungatana gave you all the accolades that you are one of the best chairs. As the Chairperson of the Liaison Committee, I confirm that you are doing so well in your committee. So, when yours truly is seated here and as the Chair of the Liaison, then you have all the comfort and feel okay that you are doing very well in your committee.

Sen. Cherarkey, proceed.

Thank you, Mr. Deputy Speaker, Sir. I had seen the Chair of the Standing Committee on Justice, Legal Affairs and Human Rights consulting with Sen. Methu on a few matters of national importance.

I appeal to the Chairperson of the Senate Standing Committee on Justice, Legal Affairs and Human Rights, led by Sen. Wakili Sigei that Article 79 is not in idle four and five. I would be hesitant to amend the Constitution to provide specific roles for a deputy governor. This would mean we would also need to amend the Constitution to provide specific roles for the Deputy President.

The law envisages that the deputy governor should be the principal assistant and advisor. In any case, they are called, “governor-in-waiting”. I know this becomes sensitive, but they are indeed governor-in-waiting. I am aware that when we had impeachment proceedings of a particular governor, the deputy governor, as governor-in- waiting under the law, had already bought a suit and was preparing and rehearsing how to take the oath of office.

I know this is uncomfortable for most governors, but it is a fact. The deputy governor is called governor-in-waiting in case of incapacity, death, resignation or any other legal matter that might arise. Therefore, the deputy governor should remain as is. We appeal to the wisdom of the governors to put proper measures in place.

Sen. Sigei, you should have comfort. Sen. Mungatana gave you all the accolades that you are one of the best chairs. As the Chairperson of the Liaison Committee, I confirm that you are doing so well in your committee. So, when yours truly is seated here and as the Chair of the Liaison, then you have all the comfort and feel okay that you are doing very well in your committee.

Sen. Cherarkey, proceed.

Thank you, Mr. Deputy Speaker, Sir. I had seen the Chair of the Standing Committee on Justice, Legal Affairs and Human Rights consulting with Sen. Methu on a few matters of national importance.

I appeal to the Chairperson of the Senate Standing Committee on Justice, Legal Affairs and Human Rights, led by Sen. Wakili Sigei that Article 79 is not in idle four and five. I would be hesitant to amend the Constitution to provide specific roles for a deputy governor. This would mean we would also need to amend the Constitution to provide specific roles for the Deputy President.

The law envisages that the deputy governor should be the principal assistant and advisor. In any case, they are called, “governor-in-waiting”. I know this becomes sensitive, but they are indeed governor-in-waiting. I am aware that when we had impeachment proceedings of a particular governor, the deputy governor, as governor-in- waiting under the law, had already bought a suit and was preparing and rehearsing how to take the oath of office.

I know this is uncomfortable for most governors, but it is a fact. The deputy governor is called governor-in-waiting in case of incapacity, death, resignation or any other legal matter that might arise. Therefore, the deputy governor should remain as is. We appeal to the wisdom of the governors to put proper measures in place.

My people.

Who is “my people”?

Sorry, I meant Senator, but you have your people from Meru.

You have one minute.

Sorry, I meant Senator, but you have your people from Meru.

You have one minute.

Thank you, Mr. Deputy Speaker, Sir, for giving me this chance to contribute to this very important amendment brought forward by the Hon. Member of the County Assembly (MCA) . I also thank the Chair, Sen. Wakili Sigei, who happens to be my Senator and the Chair of the Standing Committee on Justice, Legal Affairs and Human Rights. I commend him for the wonderful job he is doing for this country and the Committee.

Our MCAs are facing many challenges. These challenges arise from high public expectations and role confusion, which has made them unable to perform their oversight and legislative roles properly. A number of counties are facing serious challenges. I believe in the amendments brought forward by the MCA, having served in the County Assembly.

I thank the Committee because I believe they will ensure that the County Governments Act is reviewed to support MCAs in carrying out their oversight role effectively. MCAs are facing many challenges ranging from funding and resource constraints. Despite the Senate fighting day-in, day-out to ensure resources are sent to county governments, it remains difficult for MCAs to play their role because of the differences between the Executive and MCAs.

High expectations from the public is another challenge. The public believes that MCAs should also play a role in development. At some point, they have been fighting for the Ward Development Fund (WDF) , similar to the National Government Constituencies Development Fund (NG-CDF) . However, many have never been given this opportunity because some governors feel uncomfortable equipping MCAs with such resources. Indeed, we have several challenges.

Mr. Deputy Speaker, I thank Sen. M. Kajwang’. At some point, he made suggestions which, if taken keenly and looked into, could solve some of the problems we are facing in this country. Despite sending many resources to county governments, you will be shocked by how they do their budgets and allocate resources to development. Most of the resources go to recurrent expenditure. In many county governments, there are numerous pending bills and white elephant projects, which have become a challenge. This is because at the end of the day, members of the public believe that development is only done by the national Government, not bearing in mind that devolution has been effected to make sure that resources move closer to the people. So, it is still a challenge.

Very well, Sen. Korir Joyce Chepkoech.

Thank you, Mr. Deputy Speaker, Sir, for giving me this chance to contribute to this very important amendment brought forward by the Hon. Member of the County Assembly (MCA) . I also thank the Chair, Sen. Wakili Sigei, who happens to be my Senator and the Chair of the Standing Committee on Justice, Legal Affairs and Human Rights. I commend him for the wonderful job he is doing for this country and the Committee.

Our MCAs are facing many challenges. These challenges arise from high public expectations and role confusion, which has made them unable to perform their oversight and legislative roles properly. A number of counties are facing serious challenges. I believe in the amendments brought forward by the MCA, having served in the County Assembly.

I thank the Committee because I believe they will ensure that the County Governments Act is reviewed to support MCAs in carrying out their oversight role effectively. MCAs are facing many challenges ranging from funding and resource constraints. Despite the Senate fighting day-in, day-out to ensure resources are sent to county governments, it remains difficult for MCAs to play their role because of the differences between the Executive and MCAs.

High expectations from the public is another challenge. The public believes that MCAs should also play a role in development. At some point, they have been fighting for the Ward Development Fund (WDF) , similar to the National Government Constituencies Development Fund (NG-CDF) . However, many have never been given this opportunity because some governors feel uncomfortable equipping MCAs with such resources. Indeed, we have several challenges.

Mr. Deputy Speaker, I thank Sen. M. Kajwang’. At some point, he made suggestions which, if taken keenly and looked into, could solve some of the problems we are facing in this country. Despite sending many resources to county governments, you will be shocked by how they do their budgets and allocate resources to development. Most of the resources go to recurrent expenditure. In many county governments, there are numerous pending bills and white elephant projects, which have become a challenge. This is because at the end of the day, members of the public believe that development is only done by the national Government, not bearing in mind that devolution has been effected to make sure that resources move closer to the people. So, it is still a challenge.

I thank this House for assisting Members of the County Assembly (MCAs). I remember when we were dealing with the issues of the two-third gender in the Committee on National Cohesion, Equal Opportunity and Regional Integration, a number of assemblies were facing a lot of challenges, ranging from budgeting and oversight role. This is because of a number of Acts that need to be rejected. So, we have made some steps in terms of embracing devolution and it has gone full circle. As we speak right now, we have former governors who are Senators and former Senators who are Members of the National Assembly and former MCAs who are in the Senate and the National Assembly.

The only challenge that we have is relooking at the Act where there is a lapse, which makes MCAs to not do their work diligently. You find at some point, they are intimidated. That is why you find most of the time, we are handling issues of impeachment in this House. It is just because of some Acts that are not clear and need to be relooked at, to be able to equip the MCAs and deputy governors to play their role accordingly.

Mr. Deputy Speaker, Sir, it is time to equip MCAs, so that at the end of the day, they can assist Senators on the oversight role. Remember, they are the ones who do the budgets of county governments. They are the ones who are supposed to assist in terms of oversight. Despite the fact that Senators oversight county governments, MCAs are supposed to be the first ones because they are in the grassroots. They are the ones who do itemised budgets and are in charge of projects within the various wards. Therefore, they can tell which projects have been done and which ones are not.

Indeed, this country is facing a lot of challenges and resources are not used prudently. So, we are going to assist MCAs by making sure that the amendments that have been put forward by the hon. Member go to the Committee. I believe they should still go back to the County Assemblies Forum (CAF), so that at least they can give us their views, as per counties. This is because this is something that is affecting the 47 counties. We will be able to address this issue, make some progress and put some governors on their toes.

I remember the Vice-Chair of the Committee on National Cohesion, Equal Opportunity and Regional Integration, Sen. Mungatana, raising the issue of a certain governor who was summoned to appear before the Committee but never appeared.

I almost rose on a point of order because we do not want to give leeway for governors of this country to believe that if they are called by the committees, they can refuse to attend and that is the end of the story. No. They have to face the full force of the law and adhere to the rules of this House. They have to explain to Kenyans how these monies are utilised.

There is no single cent that is going to be budgeted for and left unaccounted for. Such cases should take precedence in this House to make sure that some of the governors who have been summoned and have not appeared before this House, the next course of action takes effect. We need to show Kenyans that we can use the resources that we have been given prudently. The monies that we request, through the Senate every now and then is supposed to be used for the intended purpose.

Mr. Deputy Speaker, Sir, thank you for this opportunity to make my comments on this Report by the Committee on Justice, Legal Affairs and Human Rights on the Petition that was submitted to this House by the Hon. Isaiah Maina, an MCA from Nandi.

I want to congratulate this gentleman for ensuring that he undertook his civic duty to petition Parliament, which is a right available to all Kenyans. Any Kenyan, wherever they are, can petition Parliament on any matter. This Senate has treated very favourably Petitions that have come from members of the public. I find this particular Petition to be extremely interesting and timely. I believe that even if we did not have a Petition, this House should proactively address some of the Statutes that pertain to devolution. It is now more than 10 years and it is important to carry out a legislative impact assessment.

I know that the Committee on Devolution and Intergovernmental Relations had started to do so. I know that in the last Parliament, towards the end, I chaired it and we had a workplan where we said we needed to look at the County Governments Act, the Public Finance Management Act, the Public Procurement and Disposal of Assets Act and the regulations that pertain to county governments, the National Cohesion and Integration Commission Act on the provisions of ethnicity in county governments and the various regulations and circulars that we have issued pertaining to county governments.

Recently, I was dealing with a county that had challenges in ensuring that the ceilings that the Senate had given with respect to expenditure on premises or residences of speakers was concerned.

About four or five years ago, we gave a ceiling of about Kshs35 million for speakers' residences, Kshs40 million for deputy governors' residences, and Kshs45 million for governors' residences. The reality is that inflation has rendered those ceilings untenable. We need to come back and look at some of these ceilings that we set up for residences and for headquarters. I think it is a conversation that should fully occupy the Committee on Devolution and Intergovernmental Relations. This is because that is when we will be doing justice to county governments.

I also take note that in this Report, the Committee has indicated that they got feedback from very important stakeholders, the Council of Governors (CoGs) , the County Assemblies Forum (CAF) , the Kenya Law Reform Commission (KLRC) , as well as the Office of the Attorney General. Let me talk about the CAF. County assemblies have legislative and oversight powers, just like the Senate.

In fact, the power that the Senate has to summon any person is available to our county assemblies. That is why I believe that we must have a conversation with the county assemblies. We must strengthen the CAF. We have had some problems with them

Sen. Methu had requested to contribute as indicated on my system.

Proceed, Sen. M. Kajwang’.

Mr. Deputy Speaker, Sir, thank you for this opportunity to make my comments on this Report by the Committee on Justice, Legal Affairs and Human Rights on the Petition that was submitted to this House by the Hon. Isaiah Maina, an MCA from Nandi.

I want to congratulate this gentleman for ensuring that he undertook his civic duty to petition Parliament, which is a right available to all Kenyans. Any Kenyan, wherever they are, can petition Parliament on any matter. This Senate has treated very favourably Petitions that have come from members of the public. I find this particular Petition to be extremely interesting and timely. I believe that even if we did not have a Petition, this House should proactively address some of the Statutes that pertain to devolution. It is now more than 10 years and it is important to carry out a legislative impact assessment.

I know that the Committee on Devolution and Intergovernmental Relations had started to do so. I know that in the last Parliament, towards the end, I chaired it and we had a workplan where we said we needed to look at the County Governments Act, the Public Finance Management Act, the Public Procurement and Disposal of Assets Act and the regulations that pertain to county governments, the National Cohesion and Integration Commission Act on the provisions of ethnicity in county governments and the various regulations and circulars that we have issued pertaining to county governments.

Recently, I was dealing with a county that had challenges in ensuring that the ceilings that the Senate had given with respect to expenditure on premises or residences of speakers was concerned.

About four or five years ago, we gave a ceiling of about Kshs35 million for speakers' residences, Kshs40 million for deputy governors' residences, and Kshs45 million for governors' residences. The reality is that inflation has rendered those ceilings untenable. We need to come back and look at some of these ceilings that we set up for residences and for headquarters. I think it is a conversation that should fully occupy the Committee on Devolution and Intergovernmental Relations. This is because that is when we will be doing justice to county governments.

I also take note that in this Report, the Committee has indicated that they got feedback from very important stakeholders, the Council of Governors (CoGs) , the County Assemblies Forum (CAF) , the Kenya Law Reform Commission (KLRC) , as well as the Office of the Attorney General. Let me talk about the CAF. County assemblies have legislative and oversight powers, just like the Senate.

In fact, the power that the Senate has to summon any person is available to our county assemblies. That is why I believe that we must have a conversation with the county assemblies. We must strengthen the CAF. We have had some problems with them

from an accountability perspective. For example, initially, each county assembly would contribute Kshs5 million every year to support the operations of CAF. That brings it to more than Kshs200 million a year. The problem we have had is that the amount is not audited and there is no oversight on it.

The conversation we have been having with county assemblies is that they could petition Parliament. This is because there is some legislative proposal that is before the National Assembly. This House has already processed it, but we do not know whether it will see the light of day. This is because even in the last Parliament, a similar proposal was not concluded.

If they could petition Parliament in the interim, it would be possible for us to advise CAF and the Society of Clerks-at-the Table (SOCATT-K) that it would be okay for member assemblies to contribute, provided that those contributions can be audited by the Office of the Auditor-General. That has been the missing link.

If we could build the capacity of the CAF and the clerks who serve in the county assemblies, I believe that the quality of legislation would improve and they would have the necessary competence and capacity to petition the Senate to amend the national legislation.

Mr. Deputy Speaker, Sir, it took the Hon. Isaiah Maina, a Member of the County Assembly of Nandi from Ol’lessos Ward, to make these proposals via a petition. What if we gave the County Assemblies Forum (CAF) the capacity to look at the landscape, the statute, the regulations, the circulars and the guidelines and the policies around devolution and we committed CAF to tell us where the shoe hurts.

We can ask the Council of Governors to do so as well, but from what we have seen, they have been looking at things from the perspective of the governors and from the perspective of the County Executive.

This petitioner requested that the Senate consider a few things that I think are valid. One of them is on accountability of governors to county assemblies. I have not seen very clearly what the Chairperson has proposed, but I think that this is something that is long overdue.

There is a County Government defined in the Constitution as comprising of the County Assembly and the County Executive. It is a misnomer that a governor would take a journey from Meru to come and appear before the Senate in Nairobi, but refuse to appear before the County Assembly in Meru. It is a misnomer. It is a misnomer and I do not know where we set that precedent.

There was some court ruling in Bungoma that used to be referred to way back in the past. I do not know whether it is still valid. There is no reason why a governor elected to represent the people of Meru, the people of Bomet or the people of Homa Bay should never be subjected to oversight by the County Assembly. That the only time they go to the County Assembly is when they are doing a State of County address or when they are opening the Assembly.

The problem we have is that we want to equate governors to the President of the Republic of Kenya. In as much as we have 47 county governments, we are a unitary state. We do not have 47 Presidents. We have only one President in the Republic of Kenya. The

Do you wish to be informed by Sen. Mungatana?

Definitely, he is my senior. I wish to be informed.

Mr. Deputy Speaker, I just want to inform our very respected chair that, in fact, in the USA, the practice is that the moment the governor leaves the state, the alternate governor, they call him the lieutenant governor, would take over and it is like a given. In our counties like the way the chairman was saying, these people lived here in Nairobi, Mombasa or Dubai before the war started yet in America, even when you leave the boundaries of your state, you have to write a letter so that executive decisions are taken.

So, yes, this practice must be encouraged. If we are following the system of democracy where we have borrowed heavily under the Constitution of Kenya 2010, then let us do it all the way to governors.

Definitely, he is my senior. I wish to be informed.

Mr. Deputy Speaker, I just want to inform our very respected chair that, in fact, in the USA, the practice is that the moment the governor leaves the state, the alternate governor, they call him the lieutenant governor, would take over and it is like a given. In our counties like the way the chairman was saying, these people lived here in Nairobi, Mombasa or Dubai before the war started yet in America, even when you leave the boundaries of your state, you have to write a letter so that executive decisions are taken.

So, yes, this practice must be encouraged. If we are following the system of democracy where we have borrowed heavily under the Constitution of Kenya 2010, then let us do it all the way to governors.

Thank you, Sen. Mungatana, for that very important information. I hope we can put it in law, regulation or in certain procedures and policies. There is a time the joke was that every day at 6.00 p.m., the governors of Mombasa and of Kilifi counties would bypass each other at the bridge, because the Governor of Mombasa would be going to Vipingo and the Governor of Kilifi would be coming to Nyali and it was a daily occurrence. I hope we can have some regulations to ensure that people take their work a bit seriously.

Finally, of the many good proposals that the petitioner had presented, a clear merit-based process for sourcing, shortlisting, nomination and appointment of CECMs. We should also consider this one. We have seen round pegs in square holes. You find a CECM for Finance and Economic Planning coming before my committee. His background, perhaps, is international relations. There is absolutely nothing wrong with studying international relations. It is a very important course. However, it is not very relevant to issues of Public Finance Management (PFM) , public sector accounting standards or international public sector accounting standards.

I have never seen a situation where an Attorney-General is a doctor. The Attorney-General must be an advocate; a member of the legal profession. So, it follows that if you are going to be a CECM for health, then you need to have a health background and some health competence. We cannot just say that these are State officers.

In fact, even for chief officers, I have seen a Chief Officer who is an Early Childhood Development (ECD) teacher responsible for finance and has absolutely no idea when it comes to financial matters. That is why they end up getting embarrassed when they come before my committee. Perhaps you are a livestock technician, you have been made chief officer because you are a relative of the governor. Then you come to the committee, I ask you questions about accrual accounting and cash basis accounting, you start fumbling, then you go and say that the Senate is embarrassing people.

They are embarrassing themselves by putting the wrong people in the wrong jobs. I hope that despite the recommendations made by the committee, this is something that we can push forward, so that we have enough competent people to serve as CECMs and chief officers in the entire Republic of Kenya in a merit-based process. There should be enough doctors to run the health sector, enough water engineers to run the water sector, enough accountants or finance people to run the county treasuries. Let us encourage merit and move away from these things of political patronage, being politically-correct and hiding under the guise of state officers.

Mr. Deputy Speaker, Sir, counties are not countries. We have one country run by one President. Let us not try to replicate it 47 times, so that the bad behavior---

Give him one minute to conclude his submission.

Sen. M. Kajwang’: Thank you for your kindness. I just want us, as a House, to again, after the Justice, Legal Affairs and Human Rights Committee is done with this petition, that the Committee on Devolution and Intergovernmental Relations could finish

Thank you, Sen. Mungatana, for that very important information. I hope we can put it in law, regulation or in certain procedures and policies. There is a time the joke was that every day at 6.00 p.m., the governors of Mombasa and of Kilifi counties would bypass each other at the bridge, because the Governor of Mombasa would be going to Vipingo and the Governor of Kilifi would be coming to Nyali and it was a daily occurrence. I hope we can have some regulations to ensure that people take their work a bit seriously.

Finally, of the many good proposals that the petitioner had presented, a clear merit-based process for sourcing, shortlisting, nomination and appointment of CECMs. We should also consider this one. We have seen round pegs in square holes. You find a CECM for Finance and Economic Planning coming before my committee. His background, perhaps, is international relations. There is absolutely nothing wrong with studying international relations. It is a very important course. However, it is not very relevant to issues of Public Finance Management (PFM) , public sector accounting standards or international public sector accounting standards.

I have never seen a situation where an Attorney-General is a doctor. The Attorney-General must be an advocate; a member of the legal profession. So, it follows that if you are going to be a CECM for health, then you need to have a health background and some health competence. We cannot just say that these are State officers.

In fact, even for chief officers, I have seen a Chief Officer who is an Early Childhood Development (ECD) teacher responsible for finance and has absolutely no idea when it comes to financial matters. That is why they end up getting embarrassed when they come before my committee. Perhaps you are a livestock technician, you have been made chief officer because you are a relative of the governor. Then you come to the committee, I ask you questions about accrual accounting and cash basis accounting, you start fumbling, then you go and say that the Senate is embarrassing people.

They are embarrassing themselves by putting the wrong people in the wrong jobs. I hope that despite the recommendations made by the committee, this is something that we can push forward, so that we have enough competent people to serve as CECMs and chief officers in the entire Republic of Kenya in a merit-based process. There should be enough doctors to run the health sector, enough water engineers to run the water sector, enough accountants or finance people to run the county treasuries. Let us encourage merit and move away from these things of political patronage, being politically-correct and hiding under the guise of state officers.

Mr. Deputy Speaker, Sir, counties are not countries. We have one country run by one President. Let us not try to replicate it 47 times, so that the bad behavior---

Give him one minute to conclude his submission.

Sen. M. Kajwang’: Thank you for your kindness. I just want us, as a House, to again, after the Justice, Legal Affairs and Human Rights Committee is done with this petition, that the Committee on Devolution and Intergovernmental Relations could finish

Mr. Deputy Speaker, Sir I want to thank you as well as the following colleagues who have taken time to contribute to this very important Motion: Sen. Mungatana, Sen. Cherarkey, Sen. Joyce Korir, and finally, Sen. Moses Kajwang’.

In a very quick reply to three or four of the comments that came up, one is that, indeed, Hon. Maina, the Member of County Assembly who brought this petition, is one such very critical member of our respective county assemblies for having taken time to, in fact, just even read the County Governments Act to understand the provisions and understand that as a representative of the people, he has got a role which he needs to play as he has done in this particular case. Therefore, as a chairperson of the committee, I want to applaud him for exercising the constitutional right under Article 119 of the Constitution to bring the petition before this House.

Sen. Mungatana spoke and proposed that the agreement by the committee regarding the timeline within which the governor as well as the deputy governor in an office of the county government ought to be treated in law as when he or she is absent, this is something that in his contribution, part of what he has stated is what a number of stakeholders had indicated.

Most of these governors, whenever they travel out without any accountability in the absence of any policy on travel, sometimes they just get to their destinations and do not appear before any committee or a conference, if they were going for a conference. In fact, I dare say that some of them take photographs outside the conference halls just for purposes of documenting that they, indeed, travelled. As to whether they get in to participate is completely a different story. I agree with Sen. Mungatana that this policy is critical and if we were to anchor it in law, it would help us deal with the corruption menace that is in almost all the representations at the county governments.

Mr. Deputy Speaker, Sir, secondly, as to the independence of County Public Service Boards, most of them, as ably put by Sen. Mungatana, are undergoing serious legal challenges because of their inability to exercise the autonomy that the law permits them under the provisions of Article 235 as well as Section 57 of the County Governments Act.

It is envisaged in law that CPSBs should not be politically interfered with, but, unfortunately, they are interfered with by the governor who, on one hand forwards members to that board from among his supporters. The extent of independence will largely be interfered with because the people whose names have been forwarded by the

Very well. Hon. Senators, from my dashboard, there is no other Senator willing to contribute to this Motion. Therefore, I request the mover to reply.

Mr. Deputy Speaker, Sir I want to thank you as well as the following colleagues who have taken time to contribute to this very important Motion: Sen. Mungatana, Sen. Cherarkey, Sen. Joyce Korir, and finally, Sen. Moses Kajwang’.

In a very quick reply to three or four of the comments that came up, one is that, indeed, Hon. Maina, the Member of County Assembly who brought this petition, is one such very critical member of our respective county assemblies for having taken time to, in fact, just even read the County Governments Act to understand the provisions and understand that as a representative of the people, he has got a role which he needs to play as he has done in this particular case. Therefore, as a chairperson of the committee, I want to applaud him for exercising the constitutional right under Article 119 of the Constitution to bring the petition before this House.

Sen. Mungatana spoke and proposed that the agreement by the committee regarding the timeline within which the governor as well as the deputy governor in an office of the county government ought to be treated in law as when he or she is absent, this is something that in his contribution, part of what he has stated is what a number of stakeholders had indicated.

Most of these governors, whenever they travel out without any accountability in the absence of any policy on travel, sometimes they just get to their destinations and do not appear before any committee or a conference, if they were going for a conference. In fact, I dare say that some of them take photographs outside the conference halls just for purposes of documenting that they, indeed, travelled. As to whether they get in to participate is completely a different story. I agree with Sen. Mungatana that this policy is critical and if we were to anchor it in law, it would help us deal with the corruption menace that is in almost all the representations at the county governments.

Mr. Deputy Speaker, Sir, secondly, as to the independence of County Public Service Boards, most of them, as ably put by Sen. Mungatana, are undergoing serious legal challenges because of their inability to exercise the autonomy that the law permits them under the provisions of Article 235 as well as Section 57 of the County Governments Act.

It is envisaged in law that CPSBs should not be politically interfered with, but, unfortunately, they are interfered with by the governor who, on one hand forwards members to that board from among his supporters. The extent of independence will largely be interfered with because the people whose names have been forwarded by the

governor, appointed ultimately to be CPSBs members and approved by the county assembly will interfere with their independence because of possible conflict of interest.

This is something that is currently exhibited in the County Government of Bomet where the CPSB previously was fully micromanaged and controlled by the governor. Several matters have been filed in court, including one that was today before the court in Nakuru where the governor is the subject of a contempt of court proceeding. Both the Employment and Labor Relations Court as well as the Court of Appeal have directed that the governor takes back over 595 former employees to the payroll and he has refused to do it. The reason and the foundation for that legal challenge is the interference by the executive or the governor for that matter with the CPSB, where employees are sacked by a stroke of the pen or directions of the governor.

Mr. Deputy Speaker, Sir, I am aware that the Court of Appeal agreed with the former employees and directed that they should go back to their employment. This is a cost which from the calculations arrived at was from the documents filed in court. The county government is required to pay over Kshs495 million of arrears as salaries to these employees. This is a court decision. The governor risks being cited for contempt and he has no option, but to comply.

If we were to amend the law to ensure that the autonomy of the CPSB is protected, we would not be having such issues where we are getting into legal battles, there are legal fees involved and employees who are fathers and parents are languishing in poverty. They are dragged into court sessions and yet they are supposed to enjoy that right. I would like to appreciate Hon. Maina for bringing up such a proposal, so that we support the autonomy of the county governments.

The issue of ghost workers that Sen. Cherarkey raised will also be protected by ensuring that CPSBs are independent and they are not a subject of extreme control by the appointing authority in the case of this current law as it is.

Sen. Joyce Korir appreciated the fact that the operational autonomy of county assemblies is affected by the political patronage, by those who are running county governments; that is the governor who is in law and sends names for approval and sits in the county assembly.

Lastly, Sen. M. Kajwang’, the legislation impact assessment is supposed to have been done. We have had the Constitution of Kenya for over15 years, a period of 10 years is ordinarily sufficient for an institution like the Senate to run through an impact assessment, so that if there are laws that ought to be amended, it is right for them to be amended.

This is something that under the recommendation (f) in this report by JLAC, we have invited this honorable House to permit and recommend to JLAC that additional proposals that will come from Members as addition to the ones proposed by Hon. Maina and which were agreed upon by the committee and those have now been pushed by Members, including the one I have just talked about on the amendment of Section 33; which is ordinarily required to give the county governments a standard procedure of appointing, identifying and also approving nominated members to sit as CECMs.

That is a welcome proposal, Sen. Kajwang’. We, definitely, as a committee will take that one up and once this Motion is approved, we will make a legislative proposal to

accommodate a requirement that gives a standard and a uniform mode of nominating members of the CECMs of counties. However, the position that the committee has taken is that; because of the diversification in our various counties, the standard for nomination is acceptable in law, but as to the numbers and the structure of our various county governments, let that be left out to the decision of the governors because our counties are different in terms of size, population and the kind of departments that they can create.

Mr. Deputy Speaker, Sir, secondly, this is one of the issues with regard to the position of the deputy governor. It is true that the committee recognised that a deputy governor is supposed to be left as a joint ticket that brought him or her into office with the governor, but at the same time, they should be given an opportunity to have some executive role that will make them able to run and be engaged throughout in the office of the deputy governor. The committee definitely welcomes that because it will give the county governor the mandate to still have the deputy governor as his substantive assistant, but at the same time, have an entitlement to also give him the discretion to a department which will give the deputy governor a role within the county government.

Mr. Deputy Speaker, Sir, with those remarks, I once again thank the Members who have contributed to this Motion and pursuant to Standing Order No.66(3), I request that you defer the putting of the question to a later date to enable the quorum of the House to be available for us to put the question. I thank you and thank the Members who have supported this as well as those proposals which we have been given. We accept to run with them.

Thank you, Chairperson. The putting of the question is deferred to the next sitting.

Now, hon. Senators, I want to reorganise the order of business. We defer Order Nos. 13 to 21 and then we go to Order No.22.

(Bill deferred)

Thank you, Mr. Deputy Speaker, Sir. I beg to move the following Motion-

AWARE THAT, the Constitution of Kenya under Article 43 (1) (f) guarantees every citizen the right to education, and Article 53 (1) (b) provides that basic education is free and compulsory; FURTHER AWARE THAT, the Government of Kenya launched the New Education Funding (NHEF) model in 2023, primarily targeting University and Tertiary and Vocational Education and Training (TVET) students, leaving a significant gap in the financial support for students in Diploma and Certificate Teacher Training Colleges (TTCs) ; CONCERNED THAT, students enrolled in Public Teacher Training Colleges are discriminated against and not expressly and fully

Thank you, Mr. Deputy Speaker, Sir. I beg to move the following Motion-

AWARE THAT, the Constitution of Kenya under Article 43 (1) (f) guarantees every citizen the right to education, and Article 53 (1) (b) provides that basic education is free and compulsory; FURTHER AWARE THAT, the Government of Kenya launched the New Education Funding (NHEF) model in 2023, primarily targeting University and Tertiary and Vocational Education and Training (TVET) students, leaving a significant gap in the financial support for students in Diploma and Certificate Teacher Training Colleges (TTCs) ; CONCERNED THAT, students enrolled in Public Teacher Training Colleges are discriminated against and not expressly and fully

Thank you, Mr. Deputy Speaker, Sir, for giving me this chance to second this Motion by my deskmate, Sen. Nyutu.

Mr. Deputy Speaker, Sir, indeed, our teachers have been going through many challenges, bearing in mind that this Government has been trying as much as possible to make sure that they employ the highest number of teachers since independence.

The Teachers Service Commission (TSC) , under the Ministry of Education, has employed over 100,000 teachers across the country. We still have another 16,000 that are coming in. Despite the fact that the Government is trying to absorb these teachers, we still have a lot of challenges. One of the challenges is the counter-funding or the tuition fee that they are also supposed to enjoy, just like other learners in this country.

Sen. Joyce Korir, please proceed.

Hon. Senators, I now wish to propose the question.

Now, Hon. Senators, having proposed the question, the Motion is available for debate.

I invite Sen. Kiprono Chemitei to make his contribution.

Thank you, Sen. Chemitei. I am seeing that the Deputy Speaker who just walked out, is actually on the request list---No, this is not the Deputy Speaker, I am sorry about that.

Sen. Nyutu, proceed.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity to contribute on the Motion which has been moved by the Hon. Member from Murang’a County.

I rise to support the Motion because the students in teacher training colleges are students just like any other students in the universities. Therefore, they have a right to be given a higher education loan just like the other students. During their studies, they undergo very difficult situations and, therefore, they need support from the Government.

I support the Motion.

Mr. Temporary Speaker, Sir, pursuant to Standing Order No.110 (1) , I request that the debate on the Motion on the Inclusion of the Teacher Training College Students in the Higher Education Funding Model be adjourned to allow Senators to contribute to it in the next sitting.

I thank you.

Mr. Temporary Speaker, Sir, pursuant to Standing Order No.110 (1) , I request that the debate on the Motion on the Inclusion of the Teacher Training College Students in the Higher Education Funding Model be adjourned to allow Senators to contribute to it in the next sitting.

I thank you.

Sen. Joe Nyutu, the Chair is cognisant of the provisions of this particular Standing Order and also takes note of the Motion itself. It is a very important Motion to the extent that teacher training college students, as ably put by Sen. Chemitei, are supposed to equally benefit from higher education loans from the national Government. Therefore, it is something that requires a lot of support and contribution from Members.

Therefore, the request made, pursuant to Standing Order No.110 (1) , to adjourn the debate on the Motion on the inclusion of the teacher training college students in the Higher Education Funding Model is hereby granted to allow Senators to contribute to it in the next sitting.

(Question, that debate on the Motion be

now adjourned, put and agreed to) Clerk, call the next Order. Sen. Okiya Omtatah, who is supposed to be the Mover of this Motion, is not present in the Chamber. That Motion is therefore deferred to the next sitting.

Hon. Members, we now may rise.

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 24th March, 2026 at 2.30 p. m.

The Senate rose at 5.48 p.m.