February, 26, 2026 SENATE DEBATES 1

Thursday 26th February, 2026

Clerk, do we have quorum?

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

Order. Hon. Senators, let us settle down. Clerk, you may proceed to call the first Order.

February, 26, 2026 SENATE DEBATES 2 VISITING DELEGATION FROM THE COUNTY ASSEMBLY OF KWALE

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Asante sana, Mhe. Spika. Naona wengi wamejawa na wivu dhidi yangu na watu wangu wa Bungoma. Lakini kwa yote, namshukuru Maulana kwa sababu wamekuja kujionea, kujifunza na kuiga mienendo mizuri ya Bunge la Seneti na Maseneta ambao wamekita mizizi katika sheria, kanuni na mstakabali wa Mabunge ya Afrika Mashariki.

Ningependa kuwakaribisha wote kutoka Kaunti ya Bungoma na wengine ambao wako hapa wajihisi nyumbani. Wako mikononi mwa watetezi wa ugatuzi. Tutaungana kwa pamoja kutunga sheria kuwatetea na kuwakilisha watu wetu, ili nchi ya Kenya iweze kupiga hatua za kimaendeleo na kulinda ugatuzi.

Kwa hivyo, kwa niaba ya watu wa Bungoma na Maseneta wenzangu, nawakaribisha nyote kwa moyo mkunjufu ili tusonge kwa pamoja na tujenge nchi ya Kenya.

Asante sana Mhe. Spika kwa fursa hii. Vile vile, nataka nichukue nafasi hii kuwakaribisha Wabunge wa Bunge letu ndogo gatuzi la Kwale katika Seneti. Hapa ndipo Seneti. Karibuni sana Waheshimiwa. Natumai kwamba mmepata nafasi murwa na fursa ya kuongeza ujuzi katika masuala yote ya ugatuzi.

Hapa Seneti, mtajionea wazi ile kazi ambayo Maseneta wanafanya kuhakikisha kwamba tumetuma rasilmali ili muweze kuendeleza miradi mbalimbali kule eneo letu la Kaunti ya Kwale.

Vile vile, najua mmepata nafasi murwa ya kuona paruwanja ile kazi ambayo Seneta wenu anafanya hapa Bunge. Nina imani ninyi pia mnashabikia kazi hii. Nina imani pia mkirudi kule Kwale mtaendeleza kazi yenu ya uhakiki na kuhakikisha kwamba wananchi watukufu wa Kwale wanapata maendeleo.

Nikimalizia, mimi ni Seneta Mteule kutoka Kwale. Hawa Wajumbe wangu wamesafiri umbali na urefu kufika hapa Bunge la Seneti. Pia, tuko katika msimu wa Ramadhani. Mimi naomba kwa upendo na undugu, Maseneta ambao wako hapa tushirikiane leo wanichangie kidogo ndio hawa viongozi wangu wa Kwale wapate tende ya Iftar.

Karibuni viongozi kutoka Kaunti ya Kwale. Ninaamini ninyi wenyewe mnashabikia kazi hii. Nina imani mkirudi kule kwale mtaweza kuendeleza ile kazi yenu ya uhakiki na kuhakikisha kwamba wananchi wale wanapata maendeleo.

Nikimalizia, mimi ni Seneta mteule kutoka Kwale na unajuwa hawa wajumbe wangu wamesafiri umbali na urefu kufika hapa Bunge la Seneti na tuko katika msimu wa Ramadani. Naomba tu kwa upendo na undugu, hawa mandugu wangu maseneta walio hapa tushirikiane wanichangie kidogo tu ili hawa viongozi wangu wa Kwale waweze kupata tende ya Iftar.

Asante sana na karibuni, viongozi kutoka Kaunti ya Kwale. Nashukuru.

Sen. Sifuna.

Asante sana, Bw. Spika. Kwanza, namkumbusha Sen. Chimera kwamba nikiona waheshimiwa waliopo pale juu, naona watu wa heshima. Nimewajua

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Order, Senator for Nandi. Sen. Sifuna, ikiwa umemaliza, tafadhali ---

Bw. Spika, najua kwamba wakati kutakuwa na viongozi wa kutoka Nandi, naye atazungumza. Wacha nizungumze kwa niaba ya viongozi wa chama cha ODM.

Nawashukuru kwa kufika hapa. Hamna lolote mnalohitaji kutoka kwa Mheshimiwa Chimera. Kama Seneta wa Nairobi na katibu wenu, niko hapa. Nitawalinda mkiwa kaunti hii jinsi mnavyonilinda nikiwa Diani.

Asanteni, Mungu awabariki.

Order!

Bw. Spika, asante kwa kunipa fursa hii kuikaribisha delegation ya kutoka Kwale. Tumekuwa nao leo katika Kamati yangu ya Ardhi, Mali Asili na Mazingira. Walisoma first hand mambo yanayotendeka wakati wa kufanya oversight. Tulikuwa tunazungumzia vile tulikuwa tumemkaribisha mgeni kutoka Nandi kuhusiana na fedha za Financing Locally-Led Climate Action (FLLoCA) .

Waliona vile maswali yanaulizwa kuhusiana na pesa hizo. Tuliwasihi kwamba pia kule kwao nyumbani, waulize maswali yale kwa magavana wanaowasimamia.

Bw. Spika, najiunga nawe ili kuwakaribisha. Kama alivyosema kiranja wetu, Sifuna, wengi katika delegation hii ni wa kutoka kwa chama cha ODM wakiongozwa na kiongozi wa wengi, Hanifa Mwajirani. Chama cha ODM sio maskini wa kufanyiwa mchango, kutolewa tende kwa watu wake.

Asante.

Next Order.

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The Chairperson, Committee on Health.

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, 26th February, 2026.

Report of the Standing Committee on Health on the County Oversight Network Engagements in Kitui, Makueni and Machakos.

Thank you.

The Senate Majority Leader.

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, Thursday, 26th February, 2026-

The Traffic, School Transport Rules, Motor Vehicle Inspection Rules, Drunk Driving Rules Act, and NTSA Operational Commercial Service Vehicle Act.

Thank you.

Next Order. The Chairperson, 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 Network Engagements in Kitui, Makueni, and Machakos County laid on the Table of the Senate on Thursday, 26th February, 2026.

Next Order.

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Statements pursuant to Standing Order No.52 (1) . Proceed, Sen. Mumma Catherine.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a statement on a matter of national importance, namely; the secret recording and circulation of intimate encounters involving Kenyan women by a foreign national for online distribution and profit.

Over the past few weeks, disturbing videos have circulated widely on social media platforms depicting Kenyan women being secretly recorded without their knowledge or consent. The content captured using concealed recording devices has been disseminated online for voyeuristic consumption, exposing the women involved to humiliation, stigma, reputational damage and profound psychological harm.

Mr. Speaker, Sir, this conduct is a gross affront to the values and protections enshrined in our Constitution. Article 8 guarantees every person the right to inherent dignity. That dignity should be respected and protected, while Article 31 guarantees the right to privacy, including the right not to have one's private affairs unnecessarily required or revealed. Secretly recording and distributing intimate encounters without consent is not only immoral, but it is an egregious violation of constitutional rights and may constitute offenses under the Data Protection Act, Cap 11 (c) , and the Computer Misuse and Cybercrimes Act, Cap 79 (c) .

Mr. Speaker, Sir, this incident underscores the dangerous intersection between technology and gender-based exploitation. The misuse of digital tools to commodify women's bodies and private lives reflects a broader pattern of online gender-based violence that continues to threaten the safety, dignity and equality of women and girls in our country.

Digital spaces must not become safe havens for abusers, predatory contact and impunity. I am particularly concerned about the speed and the scale at which such harmful content spreads online and the inadequacy of deterrence and response mechanisms to prevent the capture, upload and redistribution of non-consensual intimate material. Equally troubling is the secondary victimisation that occurs when members of the public continue to share, forward or trend such content, thereby compounding the harm suffered by victims and entrenching a culture of cruelty and impunity.

Mr. Speaker, Sir, I urge the relevant investigative and prosecutorial agencies to act with speed, diligence and sensitivity to identify the perpetrators, secure digital evidence, disrupt distributional networks and ensure that those responsible are brought to justice. I further urge the communications regulator and the digital platforms operating in Kenya to strengthen prompt takedown procedures and the circulation of non-consensual intimate images and videos consistent with our laws and constitutional standards.

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Statement pursuant to Standing Order No.53 (1) . Senator for Nairobi City County, Sen. Edwin Sifuna.

Thank you, 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 national importance regarding the shooting of Mr. Vincent Ayomo and the conduct of the police officers during a public gathering held in Kitengela on Sunday, 15th February, 2026.

Mr. Speaker, Sir, police officers disrupted a peaceful assembly, resulting in the fatal shooting of Mr. Ayomo and injuries to other citizens. This incident has raised serious concerns regarding the protection of the constitutional right to peaceful assembly and the use of force by law enforcement officers.

In the Statement, the Committee should address the following-

February, 26, 2026 SENATE DEBATES 8 IMPLEMENTATION STATUS OF THE WORLD INTELLECTUAL PROPERTY ORGANIZATION PERFORMANCE AND PHONOGRAMS TREATY

Senator for Nandi County.

Thank you, Mr. Speaker, Sir. I have a number of statements. I hope you will allow me to read them in mutatis mutandis manner.

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Senator for Nakuru County, Sen. Tabitha Keroche, you have the Floor.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a statement from the Standing Committee on Land, Environment and Natural Resources on a matter of countywide concern regarding the allocation of Kisima land in Njoro Sub-county, Nakuru County, to civil servants---

Hon. Senator, are you reading the wrong statement or what is the problem?

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a statement from the Standing Committee on Land, Environment, and Natural Resources on a matter of countywide concern regarding the destruction of crops and property by dozens of herds of buffalo from the Longonot National Park, affecting the residents of Karai, Nyamathi, Mirera, Kiambogo and Hells Gate in Naivasha sub- county, and from Nakuru National Park, affecting Nakuru East Ward residents.

The residents of the said areas, whose livelihoods have been negatively affected by the stray buffaloes, have been forced to live in constant fear and cannot leave their houses.

The said buffaloes seem to have overwhelmed the Kenya Wildlife Services officers, who have been unable to return them to the parks. This means that the affected residents cannot continue with their livelihoods of daily living due to threats of attacks by the buffaloes. This calls for urgent intervention in order to mitigate the situation and allow the residents to resume their economic activities.

Mr. Speaker, Sir, I live in Naivasha, and as I was coming to work this morning, I found 18 buffaloes straying in the Karai area.

In this statement, the committee should address the following-

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Next is Sen. Omtatah.

Mr. Speaker, Sir, I have two statements and I request to read them consecutively.

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Mr. Speaker, Sir, indeed, I was planning to rise on a point of order over the content of that Statement because the issues raised in it are actively being handled by the County Public Investments and Special Funds Committee (CPISFC) . They are financial and audit-related and the Governor is expected to appear before us on 2nd March.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.57 (1) , to present to the Senate the business for the week commencing Tuesday, 3rd March, 2026. I pass my sincere most appreciation to the Members of this House who toiled long and hard, during yesterday’s afternoon sitting, to ensure that we transacted very long business. We concluded about four Bills and two important statutory instruments which are; the Medium-Term Debt Management Strategy and the Budget Policy Statement (BPS) .

Thank you, dear colleagues, for your industry. I believe those reports are now on their way to the Executive for conclusion.

We were able to conclude a few reports on oversight visits by our various Standing Committees such as the Committee on Health which had a report on a visit to Wajir County and also, the report of the Committee on Energy on sudden business. I pass my sincere most---

Colleagues, if we work like that, we shall make this session quite meaningful.

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Order, hon. Senators. May the Majority Leader be heard in silence, please? I know there is some excitement as you try to welcome the youth leader to the Senate.

Mr. Speaker, Sir, they should just weka mawe and relax. That is enough.

We have the following legislative business before us: 63 Bills that are still pending conclusion, of which 44 are at the Second Reading stage, while 17 are at the Committee of the Whole and two awaiting First Reading. We have three motions that are pending conclusion and 18 petitions that are being concluded by the various respective Standing Committees.

We have 445 statements pursuant to Standing Order No. 53 (1) that are under consideration by the respective Standing Committees.

With respect to petitions, out of the 18 pending conclusions by the respective Standing Committees, while 17 are due for reporting. The timeline stipulated in Standing Order No. 238 (2) has been exhausted.

The breakdown of the committees with petitions that are due for reporting is as follows: The Committee on Health has one petition - I cannot see Sen. Mandago, but I have seen the Vice Chairperson, Sen. Mariam Sheikh, here. The Standing Committee on Justice, Legal Affairs and Human Rights has one petition. Sen. Sigei was in the House earlier on.

The Standing Committee on Labour and Social Welfare has three petitions that are due for reporting. I do not see Sen. Murgor, and I am not very sure who the Vice Chairperson is. It is Sen. Crystal Asige. You need to conclude because citizens are waiting to know the findings of the Senate with regard to that particular matter.

The king of all delays happens to be the Committee chaired by Sen. Mohamed Faki, who I do not see in the House. He was here a few minutes ago. Maybe he has just stepped out to pick a call or something. This Committee on Land, Environment and Natural Resources has seven petitions. I believe they need to do better than what they are doing. There are various Members of that Committee in the House, including the Vice Chairperson.

Madam Speaker, it is not right to have seven petitions due for reporting.

Majority Leader, did you just refer to the Chair as Madam Speaker?

Did I say that? My apologies. I think it is because there was a madam passing by; Madam Hezena. Forgive me.

The Standing Committee on National Security, Defence, and Foreign Relations has two petitions. I do not see Sen. Fatuma Dullo in the House. They have two petitions.

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Thank you, Majority Leader. As I had already directed, I had rearranged today's Order Paper. So, the Clerk will now proceed to call the Order No.8 and, thereafter, we will proceed with 9, 10, 11, 12, 13 and 14.

Just read Order No.13. Senator Tabitha, I believe you are ready to prosecute Order No.13.

Rise, hon. Senators. As we prepare to go to the Committee of the Whole, I just want to remind you that I expect to see all of you tonight in Naivasha because the programme starts very early tomorrow. By 8.30 a.m., we ought to have assembled in the conference room. We are expecting Cabinet Secretary Duale at

February, 26, 2026 SENATE DEBATES 18 THE LABOUR MIGRATION (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.42 OF 2024)

Madam Temporary Chairperson, I beg to move: THAT, Clause 2 of the Bill be deleted.

The Temporary Chairperson

: Division will be at the end. Next.

Sen. Cherarkey, what is your problem?

Madam Temporary Chairperson, you remember I was the co- sponsor of the Cancer Prevention and Control (Amendment) Bill (National Assembly Bills No.45 of 2022. I thought you should give guidance in future. I was the co-sponsor because the sponsor was Hon. Rahim Dawood.

I was the co-sponsor and I moved it. It was supported and it is not fair that when the President's recommendation comes, I am not made aware. At least as the co-sponsor,

Division will be at the end. Next. Sen. Cherarkey, what is your problem?

Madam Temporary Chairperson, you remember I was the co- sponsor of the Cancer Prevention and Control (Amendment) Bill (National Assembly Bills No.45 of 2022. I thought you should give guidance in future. I was the co-sponsor because the sponsor was Hon. Rahim Dawood.

I was the co-sponsor and I moved it. It was supported and it is not fair that when the President's recommendation comes, I am not made aware. At least as the co-sponsor,

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Madam Temporary Chairperson, I beg to move: THAT, Clause 3 of the Bill be deleted. (Question of the amendment proposed) Division at the end. Next. The President’s Recommendation on Clause 4 The Temporary Chairperson (

I am feeling a lot of pain because my Cancer Prevention and Control (Amendment) Bill is like a still-born baby. I want just to enrich the conversation about the Presidents assent and referral.

I think the Table Office should guide us on Article 115 (3) , (4) that provides as follows-

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Pursuant to Standing Order 153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the President’s memorandum on The Cancer Prevention and Control (Amendment) Bill (National Assembly Bills No.45 of 2022) and seeks leave to sit again tomorrow.

Division will be at the end.

Madam Temporary Chairperson. I beg to move: - THAT, Clause 7 of the Bill be amended in sub-clause (2) by—

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What guidance do you need?

I am feeling a lot of pain because my Cancer Prevention and Control (Amendment) Bill is like a still-born baby. I want just to enrich the conversation about the Presidents assent and referral.

I think the Table Office should guide us on Article 115 (3) , (4) that provides as follows-

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Madam Temporary Chairperson. I beg to move: - THAT, Clause 7 of the Bill be amended in sub-clause (2) by—

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Madam Temporary Chairperson. I beg to move:- THAT, Clause 19 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (2) —

Madam Temporary Chairperson. I beg to move- THAT, c lause 38 of the Bill be amended by inserting the following new sub-clauses immediately after sub-clause (3) —

Madam Temporary Chairperson, I beg to move- THAT, Clause 2 of the Bill be amended by—

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Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by inserting the following new clause immediately after clause 43—

43A. Section 3 of the Air Passenger Service Charge Act is amended in subsection

Madam Temporary Chairperson, I beg to move- THAT, Clause 1 of the Bill be amended by deleting the words “and shall come into operation on such date as the Cabinet Secretary may, by notice in the Gazette, appoint”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end.

Madam Temporary Chairperson, I beg to move that the Committee of the Whole reports to the Senate its consideration of the National Assembly amendments

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Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by—

I beg to move- Amendment of section 24 of Cap. 412A.

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Madam Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the National Assembly Amendments to the Election Offences (Amendment) (No.2) , (Senate Bills No.28 of 2024) and seeks leave to sit again tomorrow. (Question proposed) (Question put and agreed to) (The Clerks-at-the Table consulted with the Temporary Chairperson) The Temporary Chairperson (

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Madam Temporary Chairperson, I beg to move- THAT, Clause 2 of the Bill be amended by inserting the following new paragraph immediately after paragraph (a) — (aa) by inserting the following new subsection immediately after subsection 7— (7A) Notwithstanding subsection (7) Parliament may, by resolution, extend the time for consideration of the Budget Policy Statement by a further seven days. (Question of the amendment proposed) The Committee noted at the time that this is an annual process that at times, there is a bit of delay from different stakeholders through different committees and it was proposed by the Committee that we give it seven working days. The Temporary Chairperson (

I beg to move- Amendment 3D. The principal Act is amended in section 82 —

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I beg to move- Amendment of section 94 of Cap 412A. 3E. Section 94 of the principal Act is amended in subsection

Madam Temporary Chairperson, I beg to move- Amendment 3F. Section 109 of the principal Act is amended by inserting the

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Madam Temporary Chairperson, I beg to move- Amendment of section 68 of Cap 412A. 3A. Section 68 of the principal Act is amended—

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Madam Temporary Chairperson, I beg to move- Amendment of section 80 of Cap 412A. 3B. The principal Act is amended in section 80 by deleting the words “four months” appearing immediately after the words “not later than” in subsection (4) and substituting therefor the words “two months”. (Question of the New Clause 3B proposed) (New Clause 3B read the First Time) (Question, that the New Clause 3B be read a Second Time proposed) (Question, that the New Clause 3B be part of the Bill proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- Amendment of section 129 of Cap 412A. 3J. Section 129 of the principal Act is amended in subsection (2) (a) by deleting the words “except the Finance Bill” appearing immediately after the words “implement the budget”.

The Temporary Chairperson

: Division will be at the end. New Clause 3K

Madam Temporary Chairperson, I beg to move- Amendment of section 131 of Cap 412A.

3K. Section 131 of the principal Act is amended—

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Division at the end. Clause 3D

I beg to move- Amendment 3D. The principal Act is amended in section 82 —

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I beg to move- Amendment of section 94 of Cap 412A. 3E. Section 94 of the principal Act is amended in subsection

Madam Temporary Chairperson, I beg to move- Amendment 3F. Section 109 of the principal Act is amended by inserting the

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Madam Temporary Chairperson, I beg to move- Amendment of section 115 of Cap 412A. 3G. The principal Act is amended in section 115 by deleting the words “three months” appearing immediately after the words “not later than” in subsection (1) and substituting therefor the words “two months”. (Question of the New Clause 3G proposed) (New Clause 3G read the First Time) (Question, that the New Clause 3G be read a Second Time proposed) (Question, that the New Clause 3G be part of the Bill proposed) The Temporary Chairperson (

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Madam Temporary Chairperson, I beg to move- Amendment of section 167 of Cap 412A. 3Q. The principal Act is amended in section 167 by deleting the words “three months” appearing immediately after the words “not later than” in subsection (3) and substituting therefor the words “two months”.

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Division will be at the end. New Clause 3I

Madam Temporary Chairperson, I beg to move- Amendment of section 117 of Cap 412A. 3I. Section 117 of the principal Act is amended––

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Madam Temporary Chairperson, I beg to move- Amendment of section 129 of Cap 412A. 3J. Section 129 of the principal Act is amended in subsection (2) (a) by deleting the words “except the Finance Bill” appearing immediately after the words “implement the budget”. (Question of the New Clause 3J proposed) (New Clause 3J read the First Time) (Question, that the New Clause 3J be read a Second Time proposed) (Question, that the New Clause 3J be part of the Bill proposed) The Temporary Chairperson (

Thank you, Madam Temporary Chairperson.

Madam Temporary Chairperson, I beg to move- Amendment of section 131 of Cap 412A.

3K. Section 131 of the principal Act is amended—

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This is a serious emphasis especially to all the 47 county assemblies; that the county assembly shall consider and pass the County Finance Bill in time for each to be presented for assent by 30th June each year. (Question of the New Clause 3K proposed) (New Clause 3K read the First Time) (Question, that the New Clause 3K be read a Second Time proposed) (Question, that the New Clause 3K be part of the Bill proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT Clause 19 of the Bill be amended in subclause (2) by—

Thank you, Madam Temporary Chairperson. I beg to move- THAT clause 20 of the Bill be amended by inserting the following new subclause immediately after subclause (3) —

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Madam Temporary Chairperson, I beg to move- Amendment of section 149 of Cap 412A. 3M. The principal Act is amended in section 149—

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Madam Temporary Chairperson, I beg to move- Amendment of section 163 of Cap 412A. 3N. The principal Act is amended in section 163 by deleting the words “four months” appearing immediately after the words “not later than” in subsection (4) and substituting therefor the words “two months”. (Question of the New Clause 3N proposed) (New Clause 3N read the First Time) (Question, that the New Clause 3N be read a Second Time proposed) (Question, that the New Clause 3N be part of the Bill proposed) The Temporary Chairperson (

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Madam Temporary Chairperson, I beg to move that the Committee of the Whole do report progress on its consideration of the Labour Migration and Management (No.2) Bill (Senate Bills No. 42 of 2024) and seeks leave to sit again tomorrow.

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Madam Temporary Chairperson, I beg to move- Amendment of section 165 of Cap 412A. 3P. The principal Act is amended in section 165 by deleting the words “three months” appearing immediately after the words “not later than” in the introductory phrase to subsection (3) and substituting therefor the words “two months”. (Question of the New Clause 3P proposed) (New Clause 3P read the First Time) (Question, that the New Clause 3P be read a Second Time proposed) (Question, that the New Clause 3P be part of the Bill proposed) The Temporary Chairperson (

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Disqualification from the position of a member of the Committee.

Madam Temporary Chairperson, I beg to move- Amendment of section 167 of Cap 412A. 3Q. The principal Act is amended in section 167 by deleting the words “three months” appearing immediately after the words “not later than” in subsection (3) and substituting therefor the words “two months”.

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Madam Temporary Chairperson, I beg to move- Insertion of new Part in Cap 412A.

3R. The principal Act is amended by inserting the following new Part immediately after section 186—

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Thank you, Madam Temporary Chairperson. I beg to move- THAT clause 18 of the Bill be amended in subclause (1) by

Madam Temporary Chairperson, I beg to move- THAT Clause 19 of the Bill be amended in subclause (2) by—

Thank you, Madam Temporary Chairperson. I beg to move- THAT clause 20 of the Bill be amended by inserting the following new subclause immediately after subclause (3) —

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Thank you, Madam Temporary Chairperson. I beg to move- THAT Clause 26 of the Bill be amended by deleting the word “may” appearing immediately after the words “The Authority” and substituting therefor the word “shall”. (Question of the amendment proposed) The Temporary Chairperson (

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Madam Temporary Chairperson, I beg to move- THAT, Clause 43 of the Bill be amended in subclause (1) by deleting the word “may” appearing immediately after the words “national government” and substituting therefor the word “shall”.

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Thank you, Madam Temporary Chairperson. I beg to move- THAT, Clause 49 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (o) — (oa) reintegration services and programs including recognition of skills and qualifications acquired abroad. (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move that- THAT the Bill is amended by deleting Clause 12 and substituting therefor the following new clause –

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I now invite the Mover, Sen. Tabitha Mutinda, to move this Bill.

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Madam Temporary Chairperson, I beg to move that the Committee of the Whole do report progress on its consideration of the Labour Migration and Management (No.2) Bill (Senate Bills No. 42 of 2024) and seeks leave to sit again tomorrow.

Madam Temporary Chairperson, I beg to move: THAT the Bill is amended by deleting Clause 3 and substituting therefor the following

February, 26, 2026 SENATE DEBATES 45

Disqualification from the position of a member of the Committee.

February, 26, 2026 SENATE DEBATES 46 of the committee

Powers of the committee regulate its own procedures.

Madam Temporary Chairperson, I beg to move that- THAT the Bill be amended by deleting clause 4 and substituting therefor the following –

February, 26, 2026 SENATE DEBATES 47

Madam Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 4 and substituting therefor the following- Amendment to section 7 of Cap 245A

Madam Temporary Speaker, I beg to move- THAT the Bill be amended by deleting clause 6 and substituting therefor the following-

Amendment of section 12 of Cap 245A 6. Section 12 of the Principal Act be amended by inserting the following new paragraph immediately after paragraph (b) – (bb) undertake periodical review and adjustment of tax rates to ensure they reflect current public health objectives and inflation.

February, 26, 2026 SENATE DEBATES 48

February, 26, 2026 SENATE DEBATES 59

Madam Temporary Chairperson, I beg to move- THAT the Bill is amended by inserting the following new clause immediately after Clause 17 –

Repeal of the 18. The Principal Act is amended by deleting the Schedule of schedule Cap 245A

The Temporary Chairperson

: Division will be at the end. Clause 2

Thank you, Senator. The Secretariat notes the withdrawal. (Proposed amendment to Clause 6 by

February, 26, 2026 SENATE DEBATES 60

February, 26, 2026 SENATE DEBATES 61

February, 26, 2026 SENATE DEBATES 62

Madam Temporary Chairperson, I beg to move- THAT the Bill is amended by inserting the following new clause immediately after clause 1 – Amendment of the long title of Cap 245A 1A. The Long Title of the Principal Act is amended by deleting the words “Tobacco Control Board” appearing immediately after the words “provide for the” and substituting therefor the words “Tobacco Control Advisory Committee”

The Temporary Chairperson

: Division will be at the end. The Title

The Temporary Chairperson

: Division will be at the end. Clause 1

The Temporary Chairperson

: Division will be at the end.

Sen. Cathy, please approach the Chair.

February, 26, 2026 SENATE DEBATES 49

Madam Temporary Chairperson, I beg to move: THAT, the Bill is amended by deleting clause 8 and substituting therefor the following new clauses —

February, 26, 2026 SENATE DEBATES 50

February, 26, 2026 SENATE DEBATES 64

February, 26, 2026 SENATE DEBATES 51

Madam Temporary Chairperson, I beg to move that - THAT Clause 11 of the Bill is amended by deleting the proposed section 20B. (Question of the amendment, proposed) The Temporary Chairperson (

Madam Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report on its consideration of the County Government Election Laws Amendment) Bill (Senate Bills No. 2 of 2024) and seek leave to sit again tomorrow.

The Temporary Chairperson

: Hon. Senators, we are done with the Committee of the Whole.

Madam Temporary Chairperson, I beg to move that- THAT the Bill is amended by deleting Clause 12 and substituting therefor the following new clause –

February, 26, 2026 SENATE DEBATES 52

Madam Temporary Chairperson, I beg to move that- THAT, clause 14 of the Bill is amended by deleting the words “whether online or offline” appearing immediately after the words “related components”. (Question of the amendment proposed) The Temporary Chairperson (

Nakushukuru Bi. Spika wa Muda kwa kuwatambua vijana wetu maridadi ambao wameelimika na wamefanya tuheshimiwe kama gatuzi la Mombasa. Fursa hii ya uwepo wenu hapa sio tu ya kuja kuonekana mumefika, bali, ni uwepo wa matumaini na uwajibikaji kwa vijana ambao wamebaki kule Mombasa. Nawapongeza kwa kazi nzuri ambayo mumeendelea kufanya.

Lakini pia niwakumbushe ya kwamba, vijana sio viongozi wa kesho ama baadaye, ni viongozi wa sasa na leo. Hivyo basi, mna jukumu katika mabega yenu ya kuwa kielelezo chema kwa wale ambao wamebaki kule nyuma. Nawaomba msichoke kutuwajibisha, kutusukuma na kutuuliza masawali pale ambapo mnaona mambo yanakwenda kombo.

Hamko hapa kuonekana bali kwa sababu demokrasia na Katiba yetu ya Kenya imewatambua. Seneti ni mahali ambapo sheria zinabuniwa, sheria zinalazimishwa kutekelezwa na pia pale uwajibikaji haufanyiki, tunasukuma. Tunaushukuru mwongozo mzuri ambao mumewaonyesha wenzenu kule nje. Nadhani mmeyaona yale ambayo yameendelea hapa kwa saa moja ambalo mumekaa na sisi. Nawaomba muwe mabalozi wa yale mazuri ambayo mmeyaona hapa. Pindi mtakaporudi katika Seneti hii, basi msirudi kama watazamaji bali mrudi kama viongozi Maseneta na wengine niwaone kule National Assembly kwa sababu najua mwito ni kuwatayarisha vijana kuwa viongozi katika taifa hili la Kenya.

Asante sana, Bi. Spika wa Muda.

Thank you very much, Madam Temporary Speaker, for the opportunity to welcome the Mombasa Youth Council to the Senate. My name is Crystal Asige, nominated, of course, to represent 001, Mombasa County. I would like to also extend a welcome to the group. Thank you very much for coming. Thank you for being patient, as has been said earlier. People do not usually understand, especially young

February, 26, 2026 SENATE DEBATES 53

February, 26, 2026 SENATE DEBATES 54

Madam Temporary Chairperson, I beg to move that – THAT Clause 17 of the Bill is amended-

February, 26, 2026 SENATE DEBATES 68

Thank you, Hon. Speaker, for this opportunity. I beg to report that the Committee of the Whole has considered the President's Memorandum on The Cancer Prevention and Control Amendment Bill, National Assembly Bill No. 45 of 2022, and seeks leave to sit again tomorrow.

February, 26, 2026 SENATE DEBATES 55

Hon. Speaker, I beg to move that the House do agree with the Committee in the said report.

Thank you.

Who is seconding?

February, 26, 2026 SENATE DEBATES 56

Madam Temporary Speaker, I second.

February, 26, 2026 SENATE DEBATES 57

Madam Temporary Chairperson, I beg to move- THAT the Bill is amended by inserting the following new clauses immediately after Clause 12 – Amendment of Section 21 of Cap 245A 12A. The Principal Act is amended by inserting the

following new sections immediately after section 21 – Registration of dealer 21A. (1) A person shall not undertake an activity relating to the manufacture, importation, sale, or distribution of a tobacco product unless the person is registered by the Ministry responsible for health

February, 26, 2026 SENATE DEBATES 58

Madam Temporary Chairperson, I beg to move- THAT the Bill is amended by inserting the following new clauses immediately after Clause 16 – Amendment

16A. The Principal Act is amended in section 35 – of Section 35 of Cap 245A

February, 26, 2026 SENATE DEBATES 59

Thank you. Next, we move on to The Election Offences (Amendment) (No.2) Bill (Senate Bills No.28 of 2024) .

Chairperson, proceed.

Hon. Temporary Speaker, I beg to report that the Committee of the Whole has considered the National Assembly amendments to The Election Offences (Amendment) (No.2) Bill (Senate Bills No.28 of 2024) and seeks leave to sit again tomorrow.

Division will be at the end. Clause 2

Madam Temporary Chairperson, I beg to move- THAT the Bill is amended by deleting Clause 2 and substituting thereof the following—

Amendment of Section 2 of Cap 245A 2. The Tobacco Control Act, in this Act referred to as “the principal Act”, is amended in section 2 by —

February, 26, 2026 SENATE DEBATES 60

February, 26, 2026 SENATE DEBATES 61

February, 26, 2026 SENATE DEBATES 62

Madam Temporary Chairperson, I beg to move- THAT the Bill is amended by inserting the following new clause immediately after clause 1 – Amendment of the long title of Cap 245A 1A. The Long Title of the Principal Act is amended by deleting the words “Tobacco Control Board” appearing immediately after the words “provide for the” and substituting therefor the words “Tobacco Control Advisory Committee” (Question of the New Clause 1A proposed) (New Clause 1A read the First Time) (Question, that New Clause 1A be read a Second Time, proposed) (Question that New Clause 1A be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end. The Title (Question, that the Title be part of the Bill proposed) The Temporary Chairperson (

Mover.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee in the said report.

Division will be at the end. Sen. Cathy, please approach the Chair.

February, 26, 2026 SENATE DEBATES 63

Madam Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of the Tobacco Control (Amendment) Bill (Senate Bills No.35 of 2024) and seek leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

The Ayes have it.

Hon. Temporary Speaker, I beg to report that the Committee of the Whole has considered the Labour Migration and Management (No.2) Bill (Senate Bills No.42 of 2024) and seek leave to sit again tomorrow.

February, 26, 2026 SENATE DEBATES 64

I beg to move- THAT Clause 3 of the Bill be amended—

February, 26, 2026 SENATE DEBATES 65

February, 26, 2026 SENATE DEBATES 70

The Ayes have it.

Yes, please, you can take it again.

Madam Temporary Speaker, I beg to report that the Committee of the whole has considered the Tobacco Control (Amendment) Bill (Senate Bills No.35 of 2024) and seek leave to sit again tomorrow.

Mover. Sen. Wafula: Madam Temporary Speaker, I beg to move that the Senate do agree with the Committee on the said report.

Hon. Senators, we are done with the Committee of the Whole. (The House resumed)

Hon. Senators, I have a communication to make about a visiting delegation from the Mombasa Youth Council (MYC) .

Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon of a visiting delegation of youth leaders from MYC. The delegation is in the Senate on a courtesy call to Sen. Miraj Abdullahi MP.

Hon. Senators, MYC is a youth-led, non-partisan representative body that brings together young people from across all the 30 wards of Mombasa County through their

February, 26, 2026 SENATE DEBATES 66

Nakushukuru Bi. Spika wa Muda kwa kuwatambua vijana wetu maridadi ambao wameelimika na wamefanya tuheshimiwe kama gatuzi la Mombasa. Fursa hii ya uwepo wenu hapa sio tu ya kuja kuonekana mumefika, bali, ni uwepo wa matumaini na uwajibikaji kwa vijana ambao wamebaki kule Mombasa. Nawapongeza kwa kazi nzuri ambayo mumeendelea kufanya.

Lakini pia niwakumbushe ya kwamba, vijana sio viongozi wa kesho ama baadaye, ni viongozi wa sasa na leo. Hivyo basi, mna jukumu katika mabega yenu ya kuwa kielelezo chema kwa wale ambao wamebaki kule nyuma. Nawaomba msichoke kutuwajibisha, kutusukuma na kutuuliza masawali pale ambapo mnaona mambo yanakwenda kombo.

Hamko hapa kuonekana bali kwa sababu demokrasia na Katiba yetu ya Kenya imewatambua. Seneti ni mahali ambapo sheria zinabuniwa, sheria zinalazimishwa kutekelezwa na pia pale uwajibikaji haufanyiki, tunasukuma. Tunaushukuru mwongozo mzuri ambao mumewaonyesha wenzenu kule nje. Nadhani mmeyaona yale ambayo yameendelea hapa kwa saa moja ambalo mumekaa na sisi. Nawaomba muwe mabalozi wa yale mazuri ambayo mmeyaona hapa. Pindi mtakaporudi katika Seneti hii, basi msirudi kama watazamaji bali mrudi kama viongozi Maseneta na wengine niwaone kule National Assembly kwa sababu najua mwito ni kuwatayarisha vijana kuwa viongozi katika taifa hili la Kenya.

Asante sana, Bi. Spika wa Muda.

Thank you very much, Madam Temporary Speaker, for the opportunity to welcome the Mombasa Youth Council to the Senate. My name is Crystal Asige, nominated, of course, to represent 001, Mombasa County. I would like to also extend a welcome to the group. Thank you very much for coming. Thank you for being patient, as has been said earlier. People do not usually understand, especially young

February, 26, 2026 SENATE DEBATES 67

Asante, Bi. Spika pia kwa kunipa fursa kuwakaribisha vijana kutoka Youth Council ya Mombasa. Mombasa imekuwa katika kilele cha mambo ya kuwapa vijana uongozi. Wiki mbili zilizopita, tuliapisha Kenya Youth Assembly kule Mombasa ambapo Youth Assembly ina waakilishi kutoka kila ward ambaye anachaguliwa kwa demokrasia kupitia mipango yao.

Nimefurahi kwamba leo tumepokea vijana kutoka Mombasa na tunawashukuru kwa kuwa wameweza kuacha wakati wao na kuja katika Bunge hili ili kujifunza na kusoma. Hii ni njia moja ya kufanya ile ambayo tunaita mentorship kwa vijana wetu na vile vile pia kusoma yale mambo ambayo viongozi wanafanya. Hii ni kwa sababu wengine huona kama viongozi hawana majukumu yoyote lakini wameona leo kwamba tuko hapa sisi waakilishi wa Kaunti ya Mombasa na kila mtu amefanya kazi yake ambayo alikuwa amepangiwa kufanya jioni ya leo.

Nawatakia kila la heri. Yale ambayo wamesema hapa, wayatumie katika shughuli zao za kila siku na vile vile pia kujenga taswira ambayo itasaidia Kaunti ya Mombasa na Kenya kwa jumla kuleta viongozi bora kwa siku za usoni.

Asante, Bi. Spika wa Muda.

Thank you, Madam Temporary Speaker. I rise, under Standing Order No. 53 (1) to seek a statement from the Standing Committee on Land, Environment and

February, 26, 2026 SENATE DEBATES 68

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Committee on Health on a matter of countywide concern regarding the inadequacy of public facilities in Mukothima Sub- county, in Tharaka Nithi County.

February, 26, 2026 SENATE DEBATES 72

Hon. Senators, we will defer the statements by Sen. Mundigi and Sen. (Prof.) Tom Ojienda.

Who is seconding?

Sen. Tabitha.

Madam Temporary Speaker, I second.

We are now moving on to The Meteorological Bill (Senate Bills No.45 of 2023) .

Chairperson, proceed.

Madam Temporary Speaker, I beg to move that the Agriculture Produce

Bill

(Senate Bills No.17 of 2025)

be now read a Second Time.

This Bill seeks to establish a statutory framework through which county governments guarantee farmers a minimum return on selected agricultural produce. The intent is to stabilize farmers' income, cushion them against market volatility and promote food security.

If you have listened to the conversation we have been having in Kenya due to the drought situation, it is clear that we have not yet achieved food security. The purpose of this Bill is therefore threefold; to stabilize farmers' income so that when they invest in agriculture, they do not incur losses; to cushion farmers against eventualities, including unstable income, as has been achieved in the United States of America (USA) and other developed jurisdictions; and to assure farmers that when they seek financial support from banks or other institutions, repayment becomes predictable and manageable, while still earning an income. This will also assure our population that the nation is food secure.

Kenya Vision 2030 identifies agriculture as one of the key sectors to deliver 10 per cent annual economic growth rate. This is in recognition of the fact that agriculture has for many years formed the backbone of Kenya's economy. The sector contributes more than 20 per cent of Kenya's Gross Domestic Product (GDP) .

In addition, agriculture contributes more than 60 per cent of total export earnings and about 45 per cent of government revenue, while providing most of Kenya's food requirements. The sector is estimated to have a further indirect contribution of nearly 27 per cent of GDP through linkages with manufacturing, distribution and other service- related sectors. Agriculture employs over 40 per cent of Kenya's population and more than 70 percent of the rural population is engaged in farming.

Madam Temporary Speaker, since I normally have conversations with you outside this Senate, I know you are a farmer and have been practicing farming in Kakamega. I do not know whether you are doing that farming in the very famous Kakamega Forest. However, I am aware that you have been growing trees, fruits and even harvesting honey in your farms. This is what we are advocating for: that farmers making efforts to make Kenya food secure should be assured that there is legislation cushioning them.

The agricultural sector faces many challenges that reduce its contribution to the economy and improvement of livelihoods. These include climate change, emerging pests and diseases, which underscore the need for crop diversification, irrigation, adoption of drought-resistant crop varieties, improved water management systems, sustainable harvesting of aquifers and improving weather forecasting.

February, 26, 2026 SENATE DEBATES 74

February, 26, 2026 SENATE DEBATES 75

February, 26, 2026 SENATE DEBATES 76

Hon. Senator, did I hear you say Madam Speaker, Sir?

That was a very big omission because I never thought I would fall into that trap which was started by hon. Salasya in the National Assembly and this being the superior Chamber, we would not want to fall into that trap of Madam Speaker, Sir. Apologies for that.

The United States Federal Government spends about US$30 billion annually to support its agriculture sector through a wide range of subsidy and support programs including; crop insurance, agriculture risk coverage, price loss coverage, conservation programs, marketing loans, ad hoc and disaster aid. These programs are administered by the US Department of Agriculture (USDA) which runs more than 150 initiatives that provide both direct financial support and indirect assistance to farmers.

In India, another comparative jurisdiction, the Government introduced the Minimum Support Program (MSP) in 1966 to 1967, a period marked by a severe cereal deficit that left domestic production unable to meet national demand. After more than a decade of food insecurity, the government adopted sweeping agricultural reforms with MSP as the first major intervention. It was designed as a price safety net to protect farmers from unpredictable market prices and natural risks, ensuring they receive a minimum assured income for key crops.

Madam Temporary Speaker, locally, Murang’a County 2022 Agricultural Farms Input Subsidy Policy was created to cushion farmers from persistent production and market challenges by lowering the cost of key inputs and stabilizing incomes in two priority value chains; dairy and mango. This means that a programme is being piloted in Murang’a County for production of dairy products, that is milk, and also for mangoes.

February, 26, 2026 SENATE DEBATES 69

February, 26, 2026 SENATE DEBATES 78

February, 26, 2026 SENATE DEBATES 79

Sen. Wakoli, please proceed.

Hon. Speaker, I beg to report that the Committee of the Whole has considered The Public Finance Management (Amendment) (No. 4) Bill (National Assembly Bills No.45 of 2024) and seeks leave to sit again tomorrow.

Mover.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee in the said report.

February, 26, 2026 SENATE DEBATES 81

February, 26, 2026 SENATE DEBATES 82

Sen. Wahome Wamatinga.

Thank you very much, Madam Temporary Speaker. I also like to support the Bill as moved by Sen. Veronica Maina.

Indeed, Kenya is basically an agricultural country. The diversity of the crops that we grow in different regions requires a Bill like this, which will give the leeway to the county governments to determine which crop has priority in their counties.

As I support the Bill, it is also imperative that we note that different counties have almost the same produce. Mango is doing very well in Murang’a County just like in Makueni and other counties. What we lack is a dedicated approach towards ensuring that we manage the post-harvest losses.

In Nyeri County, you can find that everybody is harvesting avocado or macadamia at the same time. Due to lack of Minimum Guaranteed Returns (MGRs) , farmers are left with their produce, some which cannot be preserved for a long time like avocado go to waste. To curb that, there must be an intentional approach by the county government.

I commend the approach by the Kenya Kwanza Government that introduced the County Aggregation and Industrial Parks (CAIPs) . They were intentionally established to ensure that farmers do not lose their crops. That did not see the light of day in many counties. Due to misplaced priority, it has led to disaster as it was explained here by Sen. Veronica, where farmers in Murang’a were made to harvest their mangoes believing that the county government was going to buy from them only for the county government to leave them with mangoes which went to waste.

It is also important to note that with the advancement of technology, easy transport across international borders and demand for organic produce, it should be a major advantage to most Kenyan farmers who do farming without applying any chemicals. This can only be leveraged if we also embrace new markets. As we do that, we should also embrace technology to ensure that we preserve our produce so that easily perishable goods like mangoes, avocadoes, tomatoes and others like cabbages can be preserved for a longer time. If you go to countries like Netherlands, you will find that they use frozen chalk to preserve their produce without losing the nutritional value and they extend the shelf life by several months.

What I am happy about this Bill as proposed by Sen. Veronica Maina is that it envisages a situation where abuse or fraud may be practiced by some farmers and therefore it proposes measures that will ensure that fraud is not there. Being in a country where people are used to corruption, quick fixes or taking shortcuts, it is important that we have control mechanisms to ensure that we do not have another Goldenberg in terms of MGRs.

As Senators, we must also encourage regional integration and formation of producer groups so that counties that predominantly produce a certain produce like milk and potatoes in Nyandarua and Nyeri have an aggregation centre to ensure that we achieve economies of scale. We can use that to enhance the quantity and the quality needed so that our farmers not only get value for their money but also attract top markets by ensuring that they produce the right quality.

Hon. Temporary Speaker, I beg to report that the Committee of the Whole has considered the Labour Migration and Management (No.2) Bill (Senate Bills No.42 of 2024) and seek leave to sit again tomorrow.

I beg to move that the House do agree with the Committee on the said report and request Sen. Crystal to second.

Thank you, Madam Temporary Speaker. That is what I was waiting for. I second as moved.

February, 26, 2026 SENATE DEBATES 70

Madam Temporary Speaker, I beg to report that the Committee of the whole has considered the Tobacco Control (Amendment) Bill (Senate Bills No.35 of 2024) and seek leave to sit again tomorrow.

Mover.

I mean, it is completely insane to tell me that---

Senator, you are getting out of order.

Why is he out of order?

Sen. Methu, you are exchanging without going through the Speaker. So, I would request that you listen, in order for Sen. Ledama to finish, please.

Sen. Ledama.

Madam Temporary Speaker, I will use my six minutes. So, if my brother from another county is pissed off, he can walk out because I have got six minutes to--- Actually, five minutes.

Good laws are designed in a way that they are criticised, they are challenged, so that they can better this country. I am always of the view that sometimes we over- legislate. If we over-legislate, a lot of these Bills that we pass here will end up not being implemented. I want to fully understand from my fellow Senator, how realistically our counties are going to fund this Bill.

I will seek the following amendments-

February, 26, 2026 SENATE DEBATES 86

Sen. Ledama, I am sure you mean maize.

Corn and maize is the same. So, if I am growing maize, I register with that committee, an independent committee, that I am growing for example, 100 acres of maize.

If I am buying my fertilizer from National Cereals and Produce Board (NCPB) which is the most affordable one, if it is Kshs2,500, they tell me how much I have used. This is so that I am compensated for what I have been able to do.

We should also look at the timing on when we are growing the crops. We should not just say today, after the rains, I now start planting because I can get compensated if I lose money.

We need to work with the meteorological department. Let us put an avenue where the meteorological department is also part and parcel as a stakeholder in this Bill so that we do not misuse government funds, which are very limited. We only make sure that all farmers are fully compensated for the work that they have done.

So, when we start, let us have a meeting. We had a Bill that we passed in the last parliament, in this Senate, the Warehousing Receipt Bill. It was one which was going to make sure that farmers---

Sen. Olekina, you have a balance of five minutes.

I second.

The Ayes have it. Hon. Senators, we will now go back to Statements and call upon Sen. Faki to read his statements.

Thank you, Madam Temporary Speaker. I rise, under Standing Order No. 53 (1) to seek a statement from the Standing Committee on Land, Environment and

February, 26, 2026 SENATE DEBATES 71

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Committee on Health on a matter of countywide concern regarding the inadequacy of public facilities in Mukothima Sub- county, in Tharaka Nithi County.

February, 26, 2026 SENATE DEBATES 72

Hon. Senators, we will defer the statements by Sen. Mundigi and Sen. (Prof.) Tom Ojienda.

February, 26, 2026 SENATE DEBATES 73

Sen. Veronica Maina.

Madam Temporary Speaker, I beg to move that the Agriculture Produce

Bill

(Senate Bills No.17 of 2025)

be now read a Second Time.

This Bill seeks to establish a statutory framework through which county governments guarantee farmers a minimum return on selected agricultural produce. The intent is to stabilize farmers' income, cushion them against market volatility and promote food security.

If you have listened to the conversation we have been having in Kenya due to the drought situation, it is clear that we have not yet achieved food security. The purpose of this Bill is therefore threefold; to stabilize farmers' income so that when they invest in agriculture, they do not incur losses; to cushion farmers against eventualities, including unstable income, as has been achieved in the United States of America (USA) and other developed jurisdictions; and to assure farmers that when they seek financial support from banks or other institutions, repayment becomes predictable and manageable, while still earning an income. This will also assure our population that the nation is food secure.

Kenya Vision 2030 identifies agriculture as one of the key sectors to deliver 10 per cent annual economic growth rate. This is in recognition of the fact that agriculture has for many years formed the backbone of Kenya's economy. The sector contributes more than 20 per cent of Kenya's Gross Domestic Product (GDP) .

In addition, agriculture contributes more than 60 per cent of total export earnings and about 45 per cent of government revenue, while providing most of Kenya's food requirements. The sector is estimated to have a further indirect contribution of nearly 27 per cent of GDP through linkages with manufacturing, distribution and other service- related sectors. Agriculture employs over 40 per cent of Kenya's population and more than 70 percent of the rural population is engaged in farming.

Madam Temporary Speaker, since I normally have conversations with you outside this Senate, I know you are a farmer and have been practicing farming in Kakamega. I do not know whether you are doing that farming in the very famous Kakamega Forest. However, I am aware that you have been growing trees, fruits and even harvesting honey in your farms. This is what we are advocating for: that farmers making efforts to make Kenya food secure should be assured that there is legislation cushioning them.

The agricultural sector faces many challenges that reduce its contribution to the economy and improvement of livelihoods. These include climate change, emerging pests and diseases, which underscore the need for crop diversification, irrigation, adoption of drought-resistant crop varieties, improved water management systems, sustainable harvesting of aquifers and improving weather forecasting.

February, 26, 2026 SENATE DEBATES 74

February, 26, 2026 SENATE DEBATES 75

February, 26, 2026 SENATE DEBATES 76

Hon. Senator, did I hear you say Madam Speaker, Sir?

That was a very big omission because I never thought I would fall into that trap which was started by hon. Salasya in the National Assembly and this being the superior Chamber, we would not want to fall into that trap of Madam Speaker, Sir. Apologies for that.

The United States Federal Government spends about US$30 billion annually to support its agriculture sector through a wide range of subsidy and support programs including; crop insurance, agriculture risk coverage, price loss coverage, conservation programs, marketing loans, ad hoc and disaster aid. These programs are administered by the US Department of Agriculture (USDA) which runs more than 150 initiatives that provide both direct financial support and indirect assistance to farmers.

In India, another comparative jurisdiction, the Government introduced the Minimum Support Program (MSP) in 1966 to 1967, a period marked by a severe cereal deficit that left domestic production unable to meet national demand. After more than a decade of food insecurity, the government adopted sweeping agricultural reforms with MSP as the first major intervention. It was designed as a price safety net to protect farmers from unpredictable market prices and natural risks, ensuring they receive a minimum assured income for key crops.

Madam Temporary Speaker, locally, Murang’a County 2022 Agricultural Farms Input Subsidy Policy was created to cushion farmers from persistent production and market challenges by lowering the cost of key inputs and stabilizing incomes in two priority value chains; dairy and mango. This means that a programme is being piloted in Murang’a County for production of dairy products, that is milk, and also for mangoes.

February, 26, 2026 SENATE DEBATES 77

February, 26, 2026 SENATE DEBATES 78

February, 26, 2026 SENATE DEBATES 79

Sen. Wakoli, please proceed.

Thank you, Madam Temporary Speaker. As ably articulated by Sen. Veronica, this Bill includes safeguards that ensure accountability, provisions for recovery of payment obtained through fraudulent means, and that the debts are recoverable with the interest at the central bank.

The Bill establishes structures that are driven and county-anchored mechanisms aimed at establishing farmers' incomes. It also strengthens agricultural resilience. This is a matter that our farmers have been struggling with for many years. Comprehensive jurisdictions have shown that provision of funding support in agriculture produce has helped the growth and stability of the agriculture industry.

Madam Temporary Speaker, I would like to conclude by saying that to operationalise the scheme, the Bill establishes a county minimum guarantee Committee, responsible for determining eligible crops, livestock calculating average market prices and comprehensive production costs. This shows that the Bill is anchored in devolution; and that, the primary decision-making will be based on county-prioritised products and crops. This will ensure that every county and the Kenya Kwanzaa Government are building industrial parks.

It simply says that every county determines the crops, produce or animals that they will champion through the Ministry of Agriculture and Livestock Development. Therefore, with this kind of arrangement, and the farmers in Bungoma, Kirinyaga, Mandera counties or even Marsabit County, who, although they planted seedlings when there was drought, we pray that they will have hope that next time they will plant when it is raining, and that this Bill will be sufficient to give them an opportunity to flourish.

Finally, it is in the spirit of the bottom-up economic transformation agenda that identifies agriculture as a primary driver in rural incomes and national food security. We are now dealing with drought, because many of the counties do not understand that the poverty that our people go through is devolved. They need to invest in agriculture and give people the capacity and training to embrace agriculture. The young people of this country must not only wait for good, sumptuous meals on the table, but be encouraged that going to the farm is the best way forward, and the earnings will be good. It is therefore imperative that we adopt a modern, practical, and physically disciplined mechanism to stabilise farmers' earnings and safeguard our food system.

Madam Temporary Speaker, as you know, we passed the Sugar Bill the other day. The President told us that we shall be getting bonuses and indeed, Mumias Sugar gave them. However, it goes a long way after the leasing of our factories, that this Bill will go a long way to enhance that. We have macadamia, avocado and coffee, all of which should be anchored in this kind of structured Bill that our people have been lacking for a long time.

Madam Temporary Speaker, I beg to second.

Hon. Senators, I propose the question.

February, 26, 2026 SENATE DEBATES 80

Thank you, Madam Temporary Speaker, for giving me the opportunity to support this beautiful piece of legislation.

I would like to congratulate my dear sister, Sen. Veronica Maina, for proposing this Bill. This, as the Mover said, is not the first time that the Guaranteed Minimum Return was done. We used to have Guaranteed Minimum Return (GMR) . When I joined the Ministry of Agriculture and Livestock Development in 1986, before your Clerk was born, we had Guaranteed Minimum Returns. I was a District Soil Conservation Officer and became a District Extension Coordinator. This was one of our best works in Trans Nzoia, which was the food basket of the country.

For farmers to be encouraged to plant maize, it was extremely important that Guaranteed Minimum Returns were applied. I am very happy that we are going to have a return in the name of Minimum Guaranteed Returns.

Why is it important? It is very important because food production has become and has always been very expensive. Therefore, if you use the cost of production in food to determine the sale of the produce, food becomes very expensive. Kenya is not the first country to do this. There are many countries, and examples have been given. For instance, India does it. In fact, in Canada, you are even given a minimum return for the milk you produce. The dairy farmers in Canada are paid, even when there is a glut in the market. They are allowed to pour the milk or feed whatever they want to, for instance, pigs or use it the way they want. Whichever way, they receive the minimum return. It is the only way you can assure food security in any country.

The subsidy support that farmers are getting now, again, is something that most countries in the European Union have embraced. This is producing food is expensive, and food is supposed to be a right to everybody, like it is in our Constitution, that, we have a right to food and good nutrition. However, if you just have that as a right, and do not protect the producer, it is impossible for you to be able to implement that right in your Bill of Rights.

So, it is very important that you facilitate farmers to ensure that you get the food that you want to guarantee, whether it be the students. You are with me in the Senate Standing Committee on Education, where we have been demanding from governors that children must be fed according to the policy for Pre-Primary (PP) 1, PP2, which demands that a child must get a well-balanced meal at lunchtime.

We know our governors are still escaping with porridge. They tell you we give them porridge at 10.00 a.m. and then they expect the child to just drink porridge at 10.00

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February, 26, 2026 SENATE DEBATES 82

Sen. Wahome Wamatinga.

Thank you very much, Madam Temporary Speaker. I also like to support the Bill as moved by Sen. Veronica Maina.

Indeed, Kenya is basically an agricultural country. The diversity of the crops that we grow in different regions requires a Bill like this, which will give the leeway to the county governments to determine which crop has priority in their counties.

As I support the Bill, it is also imperative that we note that different counties have almost the same produce. Mango is doing very well in Murang’a County just like in Makueni and other counties. What we lack is a dedicated approach towards ensuring that we manage the post-harvest losses.

In Nyeri County, you can find that everybody is harvesting avocado or macadamia at the same time. Due to lack of Minimum Guaranteed Returns (MGRs) , farmers are left with their produce, some which cannot be preserved for a long time like avocado go to waste. To curb that, there must be an intentional approach by the county government.

I commend the approach by the Kenya Kwanza Government that introduced the County Aggregation and Industrial Parks (CAIPs) . They were intentionally established to ensure that farmers do not lose their crops. That did not see the light of day in many counties. Due to misplaced priority, it has led to disaster as it was explained here by Sen. Veronica, where farmers in Murang’a were made to harvest their mangoes believing that the county government was going to buy from them only for the county government to leave them with mangoes which went to waste.

It is also important to note that with the advancement of technology, easy transport across international borders and demand for organic produce, it should be a major advantage to most Kenyan farmers who do farming without applying any chemicals. This can only be leveraged if we also embrace new markets. As we do that, we should also embrace technology to ensure that we preserve our produce so that easily perishable goods like mangoes, avocadoes, tomatoes and others like cabbages can be preserved for a longer time. If you go to countries like Netherlands, you will find that they use frozen chalk to preserve their produce without losing the nutritional value and they extend the shelf life by several months.

What I am happy about this Bill as proposed by Sen. Veronica Maina is that it envisages a situation where abuse or fraud may be practiced by some farmers and therefore it proposes measures that will ensure that fraud is not there. Being in a country where people are used to corruption, quick fixes or taking shortcuts, it is important that we have control mechanisms to ensure that we do not have another Goldenberg in terms of MGRs.

As Senators, we must also encourage regional integration and formation of producer groups so that counties that predominantly produce a certain produce like milk and potatoes in Nyandarua and Nyeri have an aggregation centre to ensure that we achieve economies of scale. We can use that to enhance the quantity and the quality needed so that our farmers not only get value for their money but also attract top markets by ensuring that they produce the right quality.

February, 26, 2026 SENATE DEBATES 83

Sen. Ledama Olekina, proceed.

Thank you, Madam Temporary Speaker. Let me first of all begin by appreciating the good Senator, the Temporary Speaker most of the time, a good lawyer and a good Secretary General (SG) .

I am a realist and as I support this Bill, I will play the devil's advocate and try to criticise the Bill, so that my dear sister can attempt to fix the very dangerous loopholes that I see.

Agriculture is devolved and this Bill, proposes setting up a fund to essentially compensate farmers for losses up to 20 per cent. For me, this Bill is utopian. I will try to justify that so that we see how we can correct it. As a farmer, Ledama Olekina, I fully support it 100 per cent. As a Senator who is tasked with oversight and fighting issues of accountabilities in counties, I take a step back a little bit, until I sit down with my sister to try and fix loopholes.

I think this approach for this Bill of counties being left to budget and set up a fund to be run by politically appointed committee members who will determine the crops and prices to be compensated, will lead to various things such as one, corruption and two, bring out rivalry between different groups.

Hypothetically speaking, if I am not in support of the current governor and my crops have been damaged and I depend on this committee to support me to be paid my 20 per cent---

Let us say I am selling the maize crop at Kshs3,000 which is the market price. However, I did not do the right thing of applying fertiliser to the crop and so, it will be full of weeds. The person coming in to buy will only then pay me Kshs1,000. However, since there is a piece of legislation that has been tasked to do that, it is currently going to overburden counties because each and every county will have to set aside money.

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February, 26, 2026 SENATE DEBATES 85

Sen. Methu, Sen. Veronica, please listen in silence.

Can I just deliver? You will find your time to come here.

It does not matter. You are not the Speaker.

Sen. Methu, you are out of order. Please.

I mean, it is completely insane to tell me that---

Senator, you are getting out of order.

Why is he out of order?

Sen. Methu, you are exchanging without going through the Speaker. So, I would request that you listen, in order for Sen. Ledama to finish, please.

Sen. Ledama.

Madam Temporary Speaker, I will use my six minutes. So, if my brother from another county is pissed off, he can walk out because I have got six minutes to--- Actually, five minutes.

Good laws are designed in a way that they are criticised, they are challenged, so that they can better this country. I am always of the view that sometimes we over- legislate. If we over-legislate, a lot of these Bills that we pass here will end up not being implemented. I want to fully understand from my fellow Senator, how realistically our counties are going to fund this Bill.

I will seek the following amendments-

February, 26, 2026 SENATE DEBATES 86

Sen. Ledama, I am sure you mean maize.

Corn and maize is the same. So, if I am growing maize, I register with that committee, an independent committee, that I am growing for example, 100 acres of maize.

If I am buying my fertilizer from National Cereals and Produce Board (NCPB) which is the most affordable one, if it is Kshs2,500, they tell me how much I have used. This is so that I am compensated for what I have been able to do.

We should also look at the timing on when we are growing the crops. We should not just say today, after the rains, I now start planting because I can get compensated if I lose money.

We need to work with the meteorological department. Let us put an avenue where the meteorological department is also part and parcel as a stakeholder in this Bill so that we do not misuse government funds, which are very limited. We only make sure that all farmers are fully compensated for the work that they have done.

So, when we start, let us have a meeting. We had a Bill that we passed in the last parliament, in this Senate, the Warehousing Receipt Bill. It was one which was going to make sure that farmers---

Sen. Olekina, you have a balance of five minutes.

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate therefore stands adjourned until Tuesday, March 3, 2026, at 2.30 p.m.

The Senate rose at 6.30 p.m.