Hansard Summary
The afternoon Senate sitting was dominated by the tabling of numerous Auditor‑General financial statements for various counties and water/sewerage entities, alongside procedural motions such as points of order and reminders to table pending reports. Senators also referenced the need to present the Health Committee report and the State of the Judiciary annual report before resuming debate. The session was largely administrative with minimal substantive debate. The afternoon Senate sitting was dominated by procedural business, including the reporting of committee considerations and roll‑call divisions on several bills such as the County Vocational Education and Training Bill, the Prompt Payment Bill and the National Health Insurance Fund Amendment Bill. The temporary chairperson oversaw the voting process, with tellers for ayes and noes named, and motions were moved to report on the Co‑Operative Societies Amendment Bill. The Senate afternoon sitting on 2 December 2021 was dominated by procedural motions to amend various clauses of a Bill, chiefly substituting the term “county executive committee member” with “director” in several sections. Senators moved, debated, and recorded divisions on these amendments, with tellers appointed for both Ayes and Noes, and additional provisions such as the registration of primary societies were noted.Sentimental Analysis
MixedTHE PARLIAMENT OF KENYA
THE SENATE
THE HANSARD
PARLIAMENT OF KENYA
Thursday, 2nd December, 2021
Let us have the Petition by Sen. (Dr.) Ochillo-Ayacko. He is not here, so the Petition is deferred.
IMPLEMENTATION OF LOWER KUJA IRRIGATION DEVELOPMENT PROJECT IN MIGORI COUNTY
REPORT ON PETITION: PLIGHT OF FORMER EMPLOYEES OF KUSCO FOLLOWING TERMINATION OF THEIR EMPLOYMENT REPORT ON PETITION: FAILURE BY KISII COUNTY TO PAY SALARY TO ISAAC SIKO NYAKERIGA REPORT ON PETITION: UNFAIR DISMISSAL AND LACK OF COMPENSATION BY BROADWAY BAKERY LIMITED
REPORT ON PETITION: COMPENSATION FOR PERSONS AFFECTED BY OIL SPILLAGE AT THANGE RIVER
Thank you, Mr. Temporary Speaker, Sir. I wish to lay a Report on Petition on Oil Spillage at Kiboko Area in Makueni County, Thange River, that happened some years back and a petitioner raised the matter.
On 6thAugust, 2018 Mr. John Kimeu Mukai petitioned the Senate on the appropriate remediation, restoration and reinstatement of the residents of Thange River Basin, their children, livestock, crops and environment following the underground oil spillage dated 12th May, 2015 by the Kenya Pipeline Company (KPC) .
This matter was committed to the Standing Committee on Lands, Environment and Natural Resources. However, the Chairperson of the Committee vide a letter dated 25th June, 2019 requested your office to re-consider submitting the matter to the Standing Committee on Energy. Subsequently, the matter was committed to the Standing Committee on Energy on 2ndJuly, 2019.
The incident of oil spillage was investigated by the Sectoral Committee on Water, Irrigation, & Environment of the County Assembly of Makueni, the Senate Standing Committee on Energy of the 11th Parliament, the National Environment Management Authority (NEMA) , the Water Resources Management Authority (WARMA) , SGS Kenya Laboratories, a multi-sectorial expert team led by NEMA, and Panafcon Limited Development consultant.
The Committee noted that most of the prayers and recommendations were implemented by the KPC and recommended that the following outstanding issues be addressed-
Chairperson, Standing Committee on Labour and Social Welfare, proceed.
Thank you, Mr. Temporary Speaker, Sir. I beg to lay the following Petition Reports on the Table of the Senate today, Thursday, 2nd December, 2021. I have three Reports to issue. I will just give a brief summary.
REPORT ON PETITION: UNFAIR DISMISSAL AND LACK OF COMPENSATION BY BROADWAY BAKERY LIMITED
The first is a Petition by Mr. Daniel Matendechere concerning unfair dismissal and lack of compensation by Broadway Bakery Limited. The Petition concerning this unfair dismissal was presented to the Senate on 16th September, 2021 by Sen. (Dr.) Musuruve, who is passing in front of me.
The concerns raised in the Petition were that Mr. Matendechere, while on duty on Thursday, 26th April, 2018 was involved in an accident that left him with a physical disability that affected his mobility and required him to use an artificial leg.
On 1st October, 2019, his employer, Broadway Company Limited, deployed him from the transport section to the wrapping section, which involved a lot of standing, inflicting a lot of pain on the gentleman.
On 16th November, 2020, he received a notice of termination of employment and was sacked 14 days later on the 30th, November, 2020, without compensation. Upon his dismissal, he has tirelessly made an effort to seek justice, but his efforts have not borne any fruits.
In considering this Petition, the Committee took into consideration the submissions and supporting documents by the Petitioner and the reports from Broadway Bakery Limited. Following our engagement as a Committee with the petitioner and the Managing Director of Broadway Limited, together with the insurance broker, regarding this and subsequent deliberations, the Committee observed the following-
REPORT ON PETITION: PLIGHT OF FORMER EMPLOYEES OF KUSCO FOLLOWING TERMINATION OF THEIR EMPLOYMENT
Mr. Speaker, Sir, the second Petition is regarding the plight of former workers, former employees of the Kenya United Steel Company (KUSCO) Limited. It was presented to the Senate by Sen. Faki of Mombasa County on 7th July, 2021, pursuant to Standing Order No.230. The Petition was referred to the Committee on Labour and Social Welfare pursuant to Standing Orders 232 (1) .
The Committee held five sittings and engaged the following stakeholders-
REPORT ON PETITION: FAILURE BY KISII COUNTY TO PAY SALARY TO ISAAC SIKO NYAKERIGA
Thank you, Chairperson of the Committee on Labour and Social Welfare.
Sen. (Dr.) Musuruve, proceed. Please, take three minutes in the interest of time.
Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity. I also thank Sen. Sakaja for the reports to the petitions that he has presented.
I would like to bring to the Floor of this House that Sen. Sakaja has talked about the Matendechere issue. Mr. Matendechere is helpless and needs somebody, like the Senate, to hold his hand. The case that Sen. Sakaja has mentioned is in court, is actually not in court.
I spoke to him and he mentioned that he has never been summoned, given a notice, nobody has called him and he is just wallowing in Lugari and he does not know how he will sort out his issue. There is need for the Senate to investigate.
If Matendechere‘s case is in court, let the Senate come out clearly and say who is representing Matendechere in court. What is the case number? What is the file number? The reports that come on the Floor of this House should be true reports that are going to help Kenyans.
There is pro bono, yes. Was Matendechere given pro bono service? He was not given. So, I say as a Senator representing Persons with Disabilities (PwDs) , I will not allow false information to come to this House on issues of disabilities. Matendechere must get his legal right. When it comes to rights, he should not be delayed. There is need to investigate his issue because of the disability that Broadway caused him. He needs to be compensated. I will not joke or entertain when PwDs are marginalized, downtrodden and the Senate is not supporting them. The issue of Matendechere must be followed by this Senate. He needs to get his compensation.
Thank you.
What is it, Sen. Sakaja?
Mr. Temporary Speaker Sir, we feel that passion as well.
Sen. Sakaja, I have given you five minutes.
Even five minutes are a lot.
That is okay.
I wish Se. (Dr.) Musuruve listened carefully to what I said. The case which she says was not filed is CMCC No. 38 of 2021, Daniel Matendechere Aura Vs Broadway Bakery Limited & James Ndura.
This gentleman came before the Committee on Labor and Social Welfare. We listened to the gentleman. He even had his pastor with him and a few other members of his family. We deeply empathize with his situation, but there is a process of the law that we recommended here.
There was a second opinion that was to be sought medically under the Work Injury Benefits Act (WIBA) and we said even if it means to be facilitated, because he said could not get it, because he could not access to transport. In that meeting, we told Broadway Limited that they must facilitate this gentleman to get the second opinion.
There is something called Director of Occupational Safety Health (DOSH) . We said that upon compliance with that; just to get a second opinion--- In fact, Sen. (Dr.) Musuruve, with that passion, you can also pay for him. Take him to get that second opinion.
Once he gets it, I have given a timeline within less than 30 days, he must be given his benefits. Senators Kwamboka and Shiyonga are all members of my Committee. You all were there.
There is no way outside the law you can process those benefits. So, we have said that within one month - If you need Sen. (Dr.) Musuruve, I can even accompany you to take him. I am willing to do that because I empathize with his condition. After that, I have said that this company will file monthly progress reports until the finalization of those claims. There is nothing beyond that or outside the law that we can do.
This gentleman worked for that company for long. It is unfortunate but I think, as Members and Senators, as we help our people, let us advise them properly to seek that help or do things according to the law.
Finally, I think it is improper for a Member to impute improper motives on a committee and to say that we are bringing lies. We have gone through this professionally with our teams and a Secretariat that is very professional.
If there is any additional thing that the Senator would advise us to do in addition to this, we will be very happy to do that, but shouting at us will not solve Mr. Matendechere‘s issue. Just get the second opinion. Once you have it by DOSH, we shall make sure that he has fully been compensated in accordance with the law.
Proceed, Sen. Wambua.
Mr. Temporary Speaker, Sir, I stand because Sen. Sakaja was on the Floor and he was giving a report on the Committee. I agree with him that his Committee has continued to do a good job of taking care of the interests of workers who have been mistreated by employers for a long time. However, there is a matter that I brought to his Committee and he is aware of it; the matter of a member of my society who was working for Kenyatta National Hospital. He was fired irregularly. Even with the advice from the Principal Secretary (PS) in the Ministry that he should have been reinstated to full employment benefits, but KNH has refused to do that. The Committee
was handling that matter. I would be happy to receive some updates on what has happened with that case because the man is still on my back.
Yes, Sen. (Eng.) Hargura.
Mr. Temporary Speaker, Sir, I would like to thank Sen. Sakaja and the Labor and Social Welfare Committee for being prompt and following up these issues. These are individuals who have exhausted the means that they could address the issues. That is why they brought these issues to the Senate.
If it reaches a point where now the individual is called, the employer is contacted and issues are raised and are sorted out, Kenyans have hope that the Senate as it were has at least given them another chance and it goes out to the employers because we know of cases we are still following at a personal level.
As leaders, employees come to us when they have problems with their employers. Sometimes you will find somebody is being penalized for mistakes that do not warrant that kind of penalization, but because they think this person once penalized cannot go anywhere, then they take those kinds of actions.
It is clear to employers that when they mistreat Kenyans, they have other points of call and the Senate is one of them. I thank the Committee on Labor and Social Welfare for the way it has expeditiously carried out these petitions. It goes to all of us because other committees are also handling petitions which are not doing as well. Some committees we belong to, we are all guilty of that crime. Let us work hard and make sure that we address the plight of Kenyans to conclusion within the required time.
The Temporary speaker Sen. Kinyua: (Sen. Kinyua) : Yes, Sen. Cherargei.
Mr. Temporary Speaker, Sir, I want to commend the Committee on Labor and Social Welfare led by Sen Sakaja. One of the biggest threats to the functionality of devolved units is how to handle the staff. I remember the County Government of Nandi yesterday met the Nandi workforce and, therefore, the argument is as has been used to contract.
I know the Committee on Labor and Social Welfare should advise the Senate and county governments on how they can manage the issue of workforce. As we talk, most of the workforce across the counties including mine is beyond the 35 percent that is recommended under the Public Finance Management Act and other related legislation.
Many of us who would want to be governors in future, including the Chairperson of the Committee on Labor and Social Welfare, Sen. Sakaja. However, in the counties we should be very keen because what is eating resources is the recurrent expenditure that is paid through the workforce. We also have Sen. Kihika who wants to be the governor of Nakuru City County.
When you see Nandi County Government‘s decision to extend by one year so that they insulate themselves from nomination that is coming up and general election that is coming up, we cannot use a stick and carrot in terms of running resources of the county.
In the future, the Committee on Labour and Social Welfare must advise us on how to handle staff because most of the staff are either on contractual terms while others have not been paid. County governments even take three to six months without payments. For example, the Early Childhood Development Education (ECDE) teachers are paid Kshs10,000 yet they are on permanent and pensionable terms. What can you do with Kshs10,000 in this economy? I congratulate the Committee and wish them well.
Proceed Sen. Shiyonga.
Yes, Sen. Cherargei.
Mr. Temporary Speaker, Sir, I want to commend the Committee on Labor and Social Welfare led by Sen Sakaja. One of the biggest threats to the functionality of devolved units is how to handle the staff. I remember the County Government of Nandi yesterday met the Nandi workforce and, therefore, the argument is as has been used to contract.
I know the Committee on Labor and Social Welfare should advise the Senate and county governments on how they can manage the issue of workforce. As we talk, most of the workforce across the counties including mine is beyond the 35 percent that is recommended under the Public Finance Management Act and other related legislation.
Many of us who would want to be governors in future, including the Chairperson of the Committee on Labor and Social Welfare, Sen. Sakaja. However, in the counties we should be very keen because what is eating resources is the recurrent expenditure that is paid through the workforce. We also have Sen. Kihika who wants to be the governor of Nakuru City County.
When you see Nandi County Government‘s decision to extend by one year so that they insulate themselves from nomination that is coming up and general election that is coming up, we cannot use a stick and carrot in terms of running resources of the county.
In the future, the Committee on Labour and Social Welfare must advise us on how to handle staff because most of the staff are either on contractual terms while others have not been paid. County governments even take three to six months without payments. For example, the Early Childhood Development Education (ECDE) teachers are paid Kshs10,000 yet they are on permanent and pensionable terms. What can you do with Kshs10,000 in this economy? I congratulate the Committee and wish them well.
Mr. Temporary Speaker, Sir, Sen. Wambua brought a very important matter. I would like to reiterate to the people of Kitui County, that they have proper representative in the Senate. The former councilors should also know that if it were not for Sen. Wambua and yours truly, their issue of a one off honorarium would not have gotten to where it is. They are going to receive Kshs200,000 each.
On this issue, it is true that there was a matter by Mr. Malumbe, whose phone number ends with 757. I know because I have also been following up with him individually. The Kenyatta National Hospital did a response that they sent to the Ministry of Labour, which was supposed to be finalised this week. They have not yet sent it, but as soon as they do, I will share it with Sen. Wambua. I am following it up with the Cabinet Secretary for Labor and we will be sure to sort that out.
Next Order.
Sen. Sakaja, there was an issue that was raised by Sen. Wambua. Do you wish to respond?
Mr. Temporary Speaker, Sir, Sen. Wambua brought a very important matter. I would like to reiterate to the people of Kitui County, that they have proper representative in the Senate. The former councilors should also know that if it were not for Sen. Wambua and yours truly, their issue of a one off honorarium would not have gotten to where it is. They are going to receive Kshs200,000 each.
On this issue, it is true that there was a matter by Mr. Malumbe, whose phone number ends with 757. I know because I have also been following up with him individually. The Kenyatta National Hospital did a response that they sent to the Ministry of Labour, which was supposed to be finalised this week. They have not yet sent it, but as soon as they do, I will share it with Sen. Wambua. I am following it up with the Cabinet Secretary for Labor and we will be sure to sort that out.
later. Chairperson County Public Accounts and Investment Committee (CPAIC), kindly lay the Papers.
PAPERS LAID
Mr. Temporary Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 2nd December 2021-
Report of the Sessional Committee on County Public Accounts and Investments on consideration of the Reports by the Auditor- General on the Financial Statements of the following County Executives for the Financial Year 2018/2019-
Embu, Homa-Bay, Kericho, Kilifi, Kirinyaga, Kisii, Kwale, Machakos, Mombasa, Nandi, Baringo, Bomet, Garissa, Kajiado and West Pokot as contained in Volume 1 of the Report and the following County Executives-
Isiolo, Kakamega, Kisumu, Laikipia, Mandera, Marsabit, Nakuru, Narok, Nyandarua, Samburu, Taita/Taveta, Trans-Nzoia, Uasin- Gishu, Vihiga and Wajir, as contained in Volume 2 of the Report
later. Chairperson County Public Accounts and Investment Committee (CPAIC), kindly lay the Papers.
REPORT OF THE CPAIC ON CONSIDERATION OF FINANCIAL STATEMENTS OF VARIOUS COUNTIES FOR FY2018/2019
Mr. Temporary Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 2nd December 2021-
Report of the Sessional Committee on County Public Accounts and Investments on consideration of the Reports by the Auditor- General on the Financial Statements of the following County Executives for the Financial Year 2018/2019-
Embu, Homa-Bay, Kericho, Kilifi, Kirinyaga, Kisii, Kwale, Machakos, Mombasa, Nandi, Baringo, Bomet, Garissa, Kajiado and West Pokot as contained in Volume 1 of the Report and the following County Executives-
Isiolo, Kakamega, Kisumu, Laikipia, Mandera, Marsabit, Nakuru, Narok, Nyandarua, Samburu, Taita/Taveta, Trans-Nzoia, Uasin- Gishu, Vihiga and Wajir, as contained in Volume 2 of the Report
Report of the Auditor-General on the Financial Statements of Isiolo County Executive for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Isiolo County Assembly for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Narok County Executive for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Marsabit County Emergency Fund for the year ended 30th June, 2019.
Report of the Auditor-General on the Financial Statements of Meru Water and Sewerage Services Registered Trustees for the year ended 30th June, 2019.
Report of the Auditor-General on the Financial Statements of Malindi Water and Sewerage Company Limited for the year ended 30th June, 2019.
Report of the Auditor-General on the Financial Statements of Kyeni Water and Sewerage Company Limited for the year ended 30th June, 2019.
Report of the Auditor-General on the Financial Statements of Wajir County Executive for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Wajir County Assembly for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Busia County Assembly for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Busia County Executive for the year ended 30th June, 2020.
REPORTS ON FINANCIAL STATEMENTS OF VARIOUS COUNTY EXECUTIVES/ASSEMBLIES/FUNDS
Mr. Temporary Speaker Sir, I beg to lay the following Papers on the table of the Senate today, Thursday, 2nd December 2021-
Report of the Auditor-General on the Financial Statements of Siaya County Executive for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Siaya County Assembly for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Kirinyaga County Executive for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Kirinyaga County Assembly for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Kericho County Executive for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Nyamira County Executive for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Nyamira County Assembly for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Isiolo County Executive for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Isiolo County Assembly for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Narok County Executive for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Marsabit County Emergency Fund for the year ended 30th June, 2019.
Report of the Auditor-General on the Financial Statements of Meru Water and Sewerage Services Registered Trustees for the year ended 30th June, 2019.
Report of the Auditor-General on the Financial Statements of Malindi Water and Sewerage Company Limited for the year ended 30th June, 2019.
Report of the Auditor-General on the Financial Statements of Kyeni Water and Sewerage Company Limited for the year ended 30th June, 2019.
Report of the Auditor-General on the Financial Statements of Wajir County Executive for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Wajir County Assembly for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Busia County Assembly for the year ended 30th June, 2020.
Report of the Auditor-General on the Financial Statements of Busia County Executive for the year ended 30th June, 2020.
What is it Sen. Wetangula?
On a point of Order, Mr. Temporary Speaker, Sir. Did you notice the distinguished Senator for Nandi County walking across the Floor in front of the Mace as if he in a village in Nandi?
Sen. Cherargei, please do what is required of the House.
Mr. Temporary Speaker, Sir, he should bow ten times.
Let me proceed. Report of the Auditor-General on the Financial Statements of Migori County Ward Development Fund for the year ended 30th June, 2019.
Report of the Auditor-General on the Financial Statements of Garissa County Revolving Fund for the year ended 30th June, 2019.
Thank you, Mr. Temporary Speaker, Sir. It is 3.22 p.m. If you remember, you gave an order before we went for the lunch break. You said that when we resume at 2.30 p.m., the Report on the Bill that we were debating before we went for lunch be tabled so that Senators can have an opportunity to interact with it before debate resumes. Your orders must be complied with.
That is true, Sen. Wambua. That is what we ordered. It is the next Order. The Chairperson of the Committee on Health is tabling it right away.
Proceed.
What is it Sen. Wambua?
Thank you, Mr. Temporary Speaker, Sir. It is 3.22 p.m. If you remember, you gave an order before we went for the lunch break. You said that when we resume at 2.30 p.m., the Report on the Bill that we were debating before we went for lunch be tabled so that Senators can have an opportunity to interact with it before debate resumes. Your orders must be complied with.
That is true, Sen. Wambua. That is what we ordered. It is the next Order. The Chairperson of the Committee on Health is tabling it right away.
Proceed.
STATE OF THE JUDICIARY AND ADMINISTRATION OF JUSTICE ANNUAL REPORT 2021
Mr. Temporary Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today Thursday, 2nd December, 2021-
State of the Judiciary and Administration of Justice Annual Report 2021 Gazette Notice No. 12385.
Thank you.
laid the document on the Table)
Can we hear from the Chairperson of the Committee on Health.
Mr. Temporary Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 2nd December, 2021-
THE FOURTH PROGRESS REPORT ON THE COVID-19 PANDEMIC SITUATION AND IMPLEMENTATION OF THE NATIONWIDE COVID-19 VACCINE DEPLOYMENT
REPORT OF THE COMMITTEE ON HEALTH ON THE NHIF (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 21 OF 2021)
Can we hear from the Chairperson of the Committee on Labour and Social Welfare?
REPORT ON CONSTRUCTION OF THE NEW DANDORA STADIUM
Thank you, Mr. Temporary Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Thursday, 2nd December, 2021-
The Report of the Standing Committee on Labour and Social Welfare on the New Dandora Stadium.
Thank you, for your indulgence, Mr. Temporary Speaker. Allow me to quickly mention the recommendations because this is a matter of great public interest. I can see Sen. Kwamboka is listening. Yesterday, the Committee visited the project that had stalled for more than three years. We have written our report. We listened to the Ethics and Anti- Corruption Commission (EACC) , Nairobi City County Government and all the stakeholders and we are recommending the following-
Thank you. Can we hear from the Chairperson of the Standing Committee on Finance and Budget?
REPORT ON THE APPROVAL OF THE SENATE NOMINEE TO THE EQUALIZATION FUND ADVISORY BOARD
Thank you, Mr. Temporary Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Thursday, 2nd December, 2021-
The Report of the Standing Committee on Finance and Budget on the approval of the Senate nominee to the Equalization Fund Advisory Board.
Mr. Temporary Speaker Sir, I beg to give Notice of the following Motion-
THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the approval of the Senate nominee to the Equalization Fund Advisory Board laid on the Table of the Senate today, Thursday, 2nd December, 2021 and pursuant to Standing Order No.72
(c)
(iii)
of the Senate Standing Orders and paragraph 4
(1)
(e)
of the Public Finance Management
Regulations, 2021, approves Mr. Victor Ochieng‘ Odanga for appointment to the Equalization Fund Advisory Board.
Thank you.
NOTICES OF MOTIONS
Can we hear from Sen. Omanga?
ADOPTION OF REPORT ON THE APPROVAL OF THE SENATE NOMINEE TO THE EQUALIZATION FUND ADVISORY BOARD
Mr. Temporary Speaker, Sir, I beg to give Notice of the following Motion-
THAT, the Senate adopts the Fourth Progress Report of the Standing Committee on Health on the COVID-19 pandemic situation and the implementation of the Nationwide COVID-19 vaccine deployment, laid on the Table of the Senate on Thursday, 2nd December, 2021.
Thank you.
Can we hear from the Chairperson of the Committee on County Public Accounts and Investment (CPAIC) ?
ADOPTION OF THE FOURTH PROGRESS REPORT ON THE COVID-19 PANDEMIC SITUATION AND IMPLEMENTATION OF THE NATIONWIDE COVID-19 VACCINE DEPLOYMENT
Mr. Temporary Speaker, Sir, I beg to give Notice of the following Motion-
THAT, the Senate adopts the Fourth Progress Report of the Standing Committee on Health on the COVID-19 pandemic situation and the implementation of the Nationwide COVID-19 vaccine deployment, laid on the Table of the Senate on Thursday, 2nd December, 2021.
Thank you.
Can we hear from the Chairperson of the Committee on County Public Accounts and Investment (CPAIC) ?
ADOPTION OF REPORT OF THE CPAIC ON CONSIDERATION OF FINANCIAL STATEMENTS OF VARIOUS COUNTIES FOR FY2018/2019
Sen. (Dr.) Mbito has requested that his Statement be deferred
Next Statement.
Let us move on to the next Order.
STATEMENTS
COMMEMORATION OF THE WORLD AIDS DAY
Sen. (Dr.) Mbito has requested that his Statement be deferred
Next Statement.
OPERATIONS OF THE NATIONAL IRRIGATION BOARD
The next Statement is by Sen. Mwaruma, but he is not in the Chamber. I, therefore, defer it.
The next Statement is by Sen. Kwamboka.
STATUS OF AN INQUEST INTO THE MURDER OF MS. AGNES WANJIRU
Mr. Temporary Speaker, Sir, I rise, pursuant to Standing Order No.48 (1) , to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on the status of an inquest into the murder of Ms. Agnes Wanjiru by a British army officer, in Nanyuki, Laikipia County, following her disappearance in March, 2012. In the Statement, the Committee should-
Yes, proceed.
STATE OF POLICE STATIONS IN THE COUNTRY
Thank you. I defer the other Statements. We shall come back to them, if time allows.
Proceed, Sen. Cherargei.
Mr. Temporary Speaker, Sir, I thank Sen. Kwamboka for bringing the two Statements.
On the first Statement on the killing of one of your residents from Laikipia County, this is very unfortunate. There has been push and pull since she was killed many years ago. I hope that the national Government through the Director of Criminal Investigations (DCI) and the Embassy of the United Kingdom continue to do something. It looks like the life of our sister, which was brutally taken away, is much less important than the training camp that we have for the British soldiers in Laikipia.
This is abuse of human rights. It is also gender based violence that we are fighting. Our sister was killed under unknown circumstances. The British Government and the DCI must tell the country what they have done. It is unfortunate that the DCI officers have never gone to Britain to arrest the purported suspect who committed the crime many years ago. The family of the victim and the rest of Kenyans are keenly watching to see what the British Government and the Directorate of Criminal Investigations (DCI) in Kenya will do. The Kenya Government should know that each and every life is important.
Finally, on the last Statement on the state of police station; personally, I have been a frequent visitor to police stations. I can confirm that the sanitary conditions of most of our police stations is pathetic. The issue of ablution blocks needs to be looked into especially now that we are fighting COVID-19. We need much more money to maintain those police stations. It is important that the Ministry of Interior and Coordination of National Government provides a regular budget to ensure that the suspects who are arrested daily are well fed.
Finally, we should put more money to expand the police stations considering that some of our police stations were built during colonial or post-colonial period. I thank Sen. Kwamboka for these two important statements and I hope the committees will dispense forthwith.
I thank you.
Thank you. I defer the other Statements. We shall come back to them, if time allows.
ACTIVITIES OF THE COMMITTEE ON NATIONAL SECURITY, DEFENCE AND FOREIGN RELATIONS
ACTIVITIES OF THE COMMITTEE ON TOURISM, TRADE AND INDUSTRIALIZATION ACTIVITIES OF THE COMMITTEE ON ROADS AND TRANSPORTATION ACTIVITIES OF THE COMMITTEE ON COUNTY PUBLIC ACCOUNTS AND INVESTMENTS ACTIVITIES OF THE COMMITTEE ON DELEGATED LEGISLATION
BUSINESS FOR THE WEEK COMMENCING TUESDAY, 8 TH FEBRUARY, 2022
Let me take this opportunity to thank the Standing Committees for the tremendous work. I would like to single out the Standing Committee on Labour and Social Welfare who upon tabling the reports on the petitions as indicated in the Order Paper will have no pending petition before it by the close of this Session. I urge the remaining committees to move with speed and conclude all pending petitions and table reports as required by Standing Order No.52 (2) and (3)(ii).
With regard to 59, Statements have been made pursuant to Standing Order No.47. A total of 182 statements have been requested in this session under Standing Order No.48. Hon. Senators, will recall that the Standing Orders were amended in 2018 to streamline the processing of Statements. I take this opportunity to also applaud all the committees that have responded to Statements and tabled reports thereon, some of which have resulted in Motions filed, debated and resolutions made.
Mr. Temporary Speaker, Sir, on Motions before the House, a total of 60 Motions were filed in the 5th Session and out of these, the Senators debated and concluded on 45 of them while 15 of them are pending debate and determination by way of resolution. It is important for Senators to note that at the close of this Session un-concluded Motions will lapse and respective sponsors will be required to refile them afresh in the next session.
All Senators who have not had their Motions debated are, therefore, urged to indicate to the office of the Clerk so that they are refiled upon resumption of the sittings in February, 2022.
Mr. Temporary Speaker, Sir, as you may be aware, the Budget Policy Statement (BPS), the Draft Division of Revenue Bill and the Draft County Allocation Revenue Bill for the next financial year were tabled before the Senate yesterday, Wednesday 1st December, 2021.
I would like to reiterate the directions issued by the Speaker in the Communication to the Senate on the need by Standing Committees to critically consider the BPS and submit their recommendations to the Standing Committee on Finance and Budget, so as to facilitate the Standing Committee to table its report on or before Monday 13th of December, 2021.
Considering that the Senate will proceed on recess at the rise of the House today at the appropriate time, I will make a request to the Speaker for convening of a Special Sitting to consider the BPS in accordance with Standing Order No.180.
Mr. Temporary Speaker, Sir, I take this opportunity to thank all the Senators for the dedication and commitment they have demonstrated in their work and service to the people of Kenya. As we proceed on recess, it is my hope that you will use the available opportunity to meet with constituents, spend some time with your families and friends and rest in preparation for the coming year, 2022.
I hasten to state that the COVID-19 global pandemic has continued to persist with the latest variant Omicron. It is, therefore, paramount that we all continue to keep safe while adhering to all protocols put in place in order to minimise spread and risk of infection.
In conclusion, this being the first time of the year that is associated with three important holidays in Kenya, allow me to end by wishing all hon. Senators a happy Jamhuri day, a Merry Christmas and a prosperous year 2022.
Next Order.
Thank you, Senate Majority Leader.
Next Order.
THE COUNTY E-HEALTH BILL (SENATE BILLS NO.39 OF 2021)
Next Order.
THE EMPLOYMENT (AMENDMENT) BILL (SENATE BILLS NO. 54 OF 2021)
Next Order.
ADOPTION OF REPORT ON THE APPROVAL OF THE SENATE NOMINEE TO THE EQUALIZATION FUND ADVISORY BOARD
Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to move the Motion on the Adoption of Report on Nominee of the Senate to the Equalization Fund Advisory Board.The Public
Finance Management
Regulations, 2021 were published by the Cabinet Secretary for the National Treasury and Planning on 29th April, 2021 via Legal Notice No.54 of 2021, pursuant to Section 205
(1)
Thank you, Mr. Temporary Speaker, Sir. I seek your direction. This is a noble process in the Senate. For the first time, we are approving a name after configuring ourselves as a recruitment agency. We conducted interviews, a report was prepared by the Committee on Finance and Budget and we are now voting.
The directions I seek from you are as follows: What happens if the plenary disagrees with the name? Does the process start afresh? Can there be an amendment to the Report? It is important for us to know the implications of whatever actions Senators are going to take as we get to the debate. I will appreciate if we can get to know that during the course of this debate before you put the question.
Sen. Sakaja, the process is provided for under Standing Order No.72. We will proceed and once we have voted, I will make a decision after that. Can we hear from Sen. Linturi?
Thank you, Mr. Temporary Speaker, Sir. The issue that Sen. Sakaja has raised is very important. I want to persuade you to ensure that this Parliament conducts its constitutional duty with caution and care because Parliament is not a conveyor belt. It is not a rubber stamp.
Thank you, Mr. Temporary Speaker, Sir. I seek your direction. This is a noble process in the Senate. For the first time, we are approving a name after configuring ourselves as a recruitment agency. We conducted interviews, a report was prepared by the Committee on Finance and Budget and we are now voting.
The directions I seek from you are as follows: What happens if the plenary disagrees with the name? Does the process start afresh? Can there be an amendment to the Report? It is important for us to know the implications of whatever actions Senators are going to take as we get to the debate. I will appreciate if we can get to know that during the course of this debate before you put the question.
Sen. Sakaja, the process is provided for under Standing Order No.72. We will proceed and once we have voted, I will make a decision after that. Can we hear from Sen. Linturi?
Thank you, Mr. Temporary Speaker, Sir. The issue that Sen. Sakaja has raised is very important. I want to persuade you to ensure that this Parliament conducts its constitutional duty with caution and care because Parliament is not a conveyor belt. It is not a rubber stamp.
What is it Sen. Sakaja?
On a point of order, Mr. Temporary Speaker, Sir. The first thing on the question that I raised is that Standing Order No.72 – which you have mentioned – only stops at the point of the Clerk notifying the appointing authority of the decision of the Senate within seven days of the decision. However, that does not answer the question I asked because if the decision is no, then what happens? That has still not been answered.
Secondly, the steps might have been followed – I really hate trying to correct my Senate Majority Leader – the report on this appointment has just been tabled. Beyond the copy I am holding, there is no Senator with another copy of this Report. You then expect us to debate the appointment to such an important position, of somebody representing the Senate on the Equalization Fund Advisory Board (EFAB) ?
Mr. Temporary Speaker, Sir, if my colleague, Sen. Linturi, was paying attention when the Motion was being moved, he would have realized that the stages were all given step by step, until the one nominee was finally selected.
In addition, this is a Motion. He could just stand up and request to speak on the Motion. It is a debate this afternoon. Nobody has forced anyone to accept that name. It has only been proposed and now, it is ready for debate.
Mr. Temporary Speaker, Sir, I do not think the way of a point of order would help the situation, except that it is time for us to speak and he can speak on it. We will then draw to a place where we come to vote. That was the whole point.
What is it Sen. Sakaja?
On a point of order, Mr. Temporary Speaker, Sir. The first thing on the question that I raised is that Standing Order No.72 – which you have mentioned – only stops at the point of the Clerk notifying the appointing authority of the decision of the Senate within seven days of the decision. However, that does not answer the question I asked because if the decision is no, then what happens? That has still not been answered.
Secondly, the steps might have been followed – I really hate trying to correct my Senate Majority Leader – the report on this appointment has just been tabled. Beyond the copy I am holding, there is no Senator with another copy of this Report. You then expect us to debate the appointment to such an important position, of somebody representing the Senate on the Equalization Fund Advisory Board (EFAB) ?
Mr. Temporary Speaker, even you do not have this Report. No one has seen this Report. We do not know the criteria, we do not know who was No.1 or No.2 and what they looked at. I suggest that you defer this debate until Members receive copies of the Report. The difference between this and the other House, is that the Senate is known to consider matters judiciously and meticulously. We do not just rubber stamp. I do not know any of the applicants. However, I would not want to stand representing Nairobians to just say yes, yet I have not even read a Report. I am now being asked for by the Serjeant-At-Arms to go and make copies for Members.
Kindly, for the sake of this House and the quality of our debates, let us have the other matters on the Order Paper. Meanwhile, copies of this Report can be made for us to read and then vote. It is just for good order.
On a point of order, Mr. Temporary Speaker, Sir.
Sen. Linturi, proceed.
Mr. Temporary Speaker, Sir, I want to be heard in silence. I appreciate the sentiments of my good brother, Sen. Sakaja. With tremendous respect, allow me to share my opinion and why I feel it is getting frustrating to sit in this House and watch this House, through its committees, be led from outside.
This is the problem that we are facing as a House, where we have the Majority led by the Minority. The Leadership of this House has no time to sit in the Senate, consult and listen to what the backbenchers have to say.
With a lot of respect to the Majority Leader, there is no way you can introduce a name into this Chamber this afternoon. You have been in Parliament for the longest time. No Member of this House has the Report and so, we do not understand what informed the recommendation of the person that you want us to pass. Furthermore, we have not done any consultation or due diligence to establish that the Committee did any due diligence on this person.
Mr. Temporary Speaker, please, manage and ensure that we have the right and time of what we are required to do as legislators, for the great benefit of the people that we represent. The Equilization Fund Advisory Board is not a small committee. This Fund has not been operationalized for the longest period of time. Probably, this is the first time. We want good representation. We know our counties for the longest time are supposed to benefit from this Fund and have not.
Please, with a lot of respect to the Senate Majority Leader, wherever you people get instructions from, we want to perform our duty in this Parliament as legislators.
Mr. Temporary Speaker, Sir, I have a lot of respect for my good friend, Sen. Linturi. I listened to his submission and although I partly agree to what he said, but if we have to reduce ourselves to performing only our role in plenary, then we would not be doing our work.
Sen. Sakaja, the good Chairperson of the Committee on Labour and Social Welfare, performs almost 99 per cent off his functions and all activities of his Committee that are brought into this plenary, in his Committee.
I do not see the reason why my good friend, Sen. Linturi, should say that committees are getting instructions from outside. We always have to respect, and respect is very important. In this case, let me refer Sen. Linturi, who is a good student of law, to Article 124 (1) and (4) of the Constitution. It says-
‗‗ (1) Each House of Parliament may establish committees, and shall make Standing Orders for the orderly conduct of its proceedings, including the proceedings of its committees.
Sen. Linturi, you said you want to be listened to in silence. You must listen to other people in silence.
Mr. Temporary Speaker, Sir, I have a lot of respect for my good friend, Sen. Linturi. I listened to his submission and although I partly agree to what he said, but if we have to reduce ourselves to performing only our role in plenary, then we would not be doing our work.
Sen. Sakaja, the good Chairperson of the Committee on Labour and Social Welfare, performs almost 99 per cent off his functions and all activities of his Committee that are brought into this plenary, in his Committee.
I do not see the reason why my good friend, Sen. Linturi, should say that committees are getting instructions from outside. We always have to respect, and respect is very important. In this case, let me refer Sen. Linturi, who is a good student of law, to Article 124 (1) and (4) of the Constitution. It says-
‗‗ (1) Each House of Parliament may establish committees, and shall make Standing Orders for the orderly conduct of its proceedings, including the proceedings of its committees.
What is it, Sen. Wambua?
Mr. Temporary Speaker, Sir, I think in the tradition of the House, there have been many reports tabled. Sometimes courtesy of your office, you have even given us an adjournment of even one hour or thirty minutes to read a report.
According to Article 124 of the Constitution on the functionality of Committees and Standing Order No.71 on committing to the Committees, the Report is supposed to be tabled. I appreciate what Sen. Olekina is talking about on whether the Committee does 99 per cent, but when that report comes back, we are not robots.
I have not seen the report. Secondly, Sen. Olekina, you remember, was not in during the State of the Nation Address. The President said Parliament should meet, discuss and debate the NHIF (Amendment) Bill and other health laws. When the President left the National Assembly Chamber, the notice was already out. The committees receive instructions from outside. We cannot lie about that.
The Senator of Narok should stop misleading the House yet it is on HANSARD. You can read the President‘s speech. He said the Senate and the National Assembly should meet and debate. By the time the President left the Chamber, the Kenya Gazette notice was out.
What do you mean? Were those not instructions? Were Speakers consulted? We are not casting aspersions, but stating the facts as they are.
He is on a point of order. Members, we have listened and as a requirement of law, we have a deadline for this Motion, which is tomorrow Friday, 3rd, December, 2021. On that one, I order that the Report be uploaded.
Mr. Temporary Speaker, Sir, I think in the tradition of the House, there have been many reports tabled. Sometimes courtesy of your office, you have even given us an adjournment of even one hour or thirty minutes to read a report.
According to Article 124 of the Constitution on the functionality of Committees and Standing Order No.71 on committing to the Committees, the Report is supposed to be tabled. I appreciate what Sen. Olekina is talking about on whether the Committee does 99 per cent, but when that report comes back, we are not robots.
I have not seen the report. Secondly, Sen. Olekina, you remember, was not in during the State of the Nation Address. The President said Parliament should meet, discuss and debate the NHIF (Amendment) Bill and other health laws. When the President left the National Assembly Chamber, the notice was already out. The committees receive instructions from outside. We cannot lie about that.
The Senator of Narok should stop misleading the House yet it is on HANSARD. You can read the President‘s speech. He said the Senate and the National Assembly should meet and debate. By the time the President left the Chamber, the Kenya Gazette notice was out.
What do you mean? Were those not instructions? Were Speakers consulted? We are not casting aspersions, but stating the facts as they are.
He is on a point of order. Members, we have listened and as a requirement of law, we have a deadline for this Motion, which is tomorrow Friday, 3rd, December, 2021. On that one, I order that the Report be uploaded.
THE NATIONAL HEALTH INSURANCE FUND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 21 OF 2021)
Sen. (Prof.) Ongeri has a balance of 17 minutes.
Thank you. Hon. Members, in the interest of time, I have reduced contribution time to five minutes.
Sen. Cherargei, please proceed.
[The Speaker (Hon. Lusaka) in the Chair]
Thank you. Hon. Members, in the interest of time, I have reduced contribution time to five minutes.
Sen. Cherargei, please proceed.
Mr. Temporary Speaker, Sir, thank you for this opportunity to contribute on the National Health Insurance Fund (Amendment) Bill, 2021. All of us agree that medical expenses are expensive to most of our people in this country. Most of us in both the National Assembly and the Senate are always participating in harambees to defray medical bills. If there is any strategy to ensure that we do away with medical expenses and ensure that Kenyans are able to pay medical bills, then it is important.
Mr. Temporary Speaker, Sir, there are only two points that I want to mention. One is in Clause 19. It talks about the national Government, the county government and any other employer matching and being liable contributors to the Fund in respect of public officers. This will ensure that we protect and put in place the necessary mechanisms where they can be held accountable. This one is very important because it assists and makes liable contributors to the Fund in respect of public officers.
[The Speaker (Hon. Lusaka) in the Chair]
Order, hon. Senators! Let us consult in low tones.
Makueni County. All underprivileged families will be able to get a medical card and free medical healthcare in Nairobi. That is something that we hope to do.
If the good Lord allows that I be elected as Governor, that is the first thing that I will do. If your county is unhealthy--- I know families that have struggled for years. They have built in Utawala, next to Sen. Kwamboka. They have one car, but when one family member gets sick, they are all impoverished.
Mr. Speaker, Sir, this is so critical that it might as well be the most significant legislation that we pass. Looking at the Report of the Committee, the Committee has noted a number of things, and I agree with them. I am grateful that they have even proposed a number of amendments about the scope of services to be provided for by the NHIF.
The scope of services towards preventative and promotive health services is important. However, there are a number of things that definitely must be covered. I am glad that the Committee has proposed amendments.
Number two is to recognize healthcare care providers, the constitution of the board, the issue of the governance structure and the matter of capitation. This is extremely important because that is where the real problem with NHIF has been. There is also the issue of contributions by unemployed persons.
Most of the people in Nairobi City County, whom I represent, are not employed. They do not have a job. We must provide so that those who earn more can cater for the rest. That is what society must be. There are many who have no source of income.
Mr. Speaker, Sir, there are punitive provisions on penalties. I was assisting a gentleman called Tonui. He had a kidney issue and it was marked as urgent. However, because he was not paid, I had to pay more than the amount that was required by the hospital for the one year of NHIF, plus the penalties that go with it.
Therefore, we support this Bill and hope that when we get to the Committee Stage, which I hope is today, we can incorporate these changes. This so that we make sure that we can truly give the truest legacy of this Government, that people get UHC coverage. Since health is devolved, counties should also play their role in making sure that we have the facilities, medicine specialists, doctors and nurses and critical care specialists as required in our counties.
Mr. Speaker, Sir, with those very few remarks, I support, because of the curtailing of debate in a House that is supposed to be a House of parlance. Sen. Olekina should note that Parliament is from the word ‗parley‘. ‗Parley means to talk and debate.
I support.
Sen. Olekina, what do you want to clarify? You have three minutes. The information on the Motion on Order No.10 has been uploaded. So, you can check it out.
Thank you, Mr. Speaker, Sir. Health is the most important devolved function. While I appreciate the rush that seems to be there, I think it is a great disservice to the millions of the people we represent for us not to be allowed to exhaustively discuss this issue. Five minutes to talk about health is not adequate.
I will give you an example of Nairobi City County. The wage bill of the Nairobi Metropolitan Service (NMS) , for instance, 58 per cent of it, Kshs6.4 billion, is on healthcare. The total budget of the health sector is Kshs11 billion.
Mr. Speaker Sir, I am sure that every day, Members get requests from members of the public about somebody being unwell. In fact, our offices have almost become like clinics. There is no more important legislation that we will discuss than this health one.
As legislators, our work is to ventilate and be informed on the matters that we discuss. Otherwise, it is a great disservice to the people that we represent. The National Health Insurance Fund (NHIF) is extremely important. Universal Healthcare (UHC) is one of the Big Four Agenda items that we hoped would be implemented.
Today, I am happy to say that in Nairobi City County, the Mathare North Health Center, which had stalled for more than 20 years, has now been completed. That hospital alone is going to reduce the pressure on Mama Lucy Kibaki Hospital for the people of Nairobi.
Mr. Speaker, Sir, the Nairobi Metropolitan Services (NMS) has gone to construct another 20 hospitals. Recently, I raised a question on the fact that we can have the brick and mortar, but what about the doctors, the fees, and the critical care specialists?
As I speak, in Nairobi City County, Mama Lucy Kibaki Hospital has only 13 critical care nurses, and that is just on paper. It has two anesthesiologists and 11 anesthetists. Mbagathi County Hospital has 10 critical care nurses, one anesthesiologist and eight anesthetists. Pumwani Maternity Hospital has 13 critical care nurses, two anesthesiologists and eight anesthetists.
Mr. Speaker, Sir, we must put emphasis on the staffing. A hospital is not just a building, it is more than the building. It is the healthcare providers who are well remunerated. This is a matter that we will follow to the end here in Nairobi. I am glad with the progress that my good friend, Dr. Oluga, has made as the Chief Officer (CO) in Nairobi, but there is more that we must do for our people. I got a message today that someone was asked to go buy a cannula for their child. You go to the hospital and are told to get medicine form elsewhere, yet that is their job.
Mr. Speaker, Sir, of the four critical things in healthcare, health financing is the most critical. That is why we have always wanted to introduce Nairobi Care, just like in
Makueni County. All underprivileged families will be able to get a medical card and free medical healthcare in Nairobi. That is something that we hope to do.
If the good Lord allows that I be elected as Governor, that is the first thing that I will do. If your county is unhealthy--- I know families that have struggled for years. They have built in Utawala, next to Sen. Kwamboka. They have one car, but when one family member gets sick, they are all impoverished.
Mr. Speaker, Sir, this is so critical that it might as well be the most significant legislation that we pass. Looking at the Report of the Committee, the Committee has noted a number of things, and I agree with them. I am grateful that they have even proposed a number of amendments about the scope of services to be provided for by the NHIF.
The scope of services towards preventative and promotive health services is important. However, there are a number of things that definitely must be covered. I am glad that the Committee has proposed amendments.
Number two is to recognize healthcare care providers, the constitution of the board, the issue of the governance structure and the matter of capitation. This is extremely important because that is where the real problem with NHIF has been. There is also the issue of contributions by unemployed persons.
Most of the people in Nairobi City County, whom I represent, are not employed. They do not have a job. We must provide so that those who earn more can cater for the rest. That is what society must be. There are many who have no source of income.
Mr. Speaker, Sir, there are punitive provisions on penalties. I was assisting a gentleman called Tonui. He had a kidney issue and it was marked as urgent. However, because he was not paid, I had to pay more than the amount that was required by the hospital for the one year of NHIF, plus the penalties that go with it.
Therefore, we support this Bill and hope that when we get to the Committee Stage, which I hope is today, we can incorporate these changes. This so that we make sure that we can truly give the truest legacy of this Government, that people get UHC coverage. Since health is devolved, counties should also play their role in making sure that we have the facilities, medicine specialists, doctors and nurses and critical care specialists as required in our counties.
Mr. Speaker, Sir, with those very few remarks, I support, because of the curtailing of debate in a House that is supposed to be a House of parlance. Sen. Olekina should note that Parliament is from the word ‗parley‘. ‗Parley means to talk and debate.
I support.
Sen. Olekina, what do you want to clarify? You have three minutes. The information on the Motion on Order No.10 has been uploaded. So, you can check it out.
Mr. Speaker, Sir, I support.
country in general are seeking for a chance where everyone will be included and covered by NHIF.
Mr. Speaker, Sir, our Committee listened very carefully to several stakeholders, including the Council of Governors (CoG), the Ministry of Health and private individuals. Most of them were seeking clarification on the issue of the board. Who is going to be in the board? What powers will the board have and how effective will the services be rendered to the people?
We spent a lot of time going through the submissions that we received. I am happy to report that some of the areas that we enhanced in the Bill and the amendments that will come during the Committee Stage revolve around accountability.
We do not want a situation where the Cabinet Secretary (CS) is the only one who is informed of all the dealings of NHIF. We have now introduced the provision where any audit report, which is carried out, does not end with the CS. It should come to the Floor of this House.
Mr. Speaker, Sir, some of the other amendments that we brought, which we will discuss, deal with the application of the Health Act. The NHIF is now going to become a big insurance body to incorporate everyone in this country. We did away with the amendments brought by the National Assembly that wanted people who are employed to be contributing. We know very well that people are suffering to put food on the table. We want them to be considered as vulnerable people and be taken care of.
The other issue which I believe Sen. Linturi had concern on was that some people are given healthcare based on their contribution. I want to assure Sen. Linturi that, as a Committee, we considered everyone as uniform. It does not matter how much you contribute.
We have different pools. We have people who work with the public sector, with the county governments and private individuals. One of the most important amendments that we brought in is that if you have employed a house-help today, you must provide that house-help with NHIF. If you do not submit the payments on time, you will be responsible to pay for that employee‘s medical expenses.
Mr. Speaker, Sir, the work that the Committee did is something that is going to assist this country. For now, when you turn 18 years old, it is mandatory for you to become a member of NHIF.
The other issue that was very important is the issue of prevention. We have been investing a lot on curative measures. The Committee now looked at the clauses that promote preventive healthcare. To ensure that all these health services, which will now be accredited---
Thank you, Sen. Linturi. I call upon the Mover to reply.
Thank you, Mr. Speaker, Sir, for allowing me to reply. I also wish to thank all the Hon. Members of this House who contributed to this debate and gave constructive improvements to the Bill.
Thank you, Mr. Speaker, Sir, for giving me this opportunity. I want to believe first and precisely that with a lot of respect, Sen. Olekina, you cannot guarantee me Universal Health Care until this law is passed. It is on the basis of providing Universal Health Care to all Kenyans that I support this Bill.
Mr. Speaker, Sir, it is on this basis that I am willing and ready, depending on the amounts that will be set by either the Cabinet Secretary or the Board as proposed in the Bill; to contribute to this Fund not because I would have really wanted to, but as a politician and citizen of this county with relatives and friends, the burden of contributing to healthcare or medical bills‘ harambees will come to an end.
That is why I feel mandated and persuaded to support this particular Bill. Just like Sen. Olekina has said, I would want to have a situation whereby anybody who goes to hospital will get equal treatment, equal accommodation and equal respect regardless of their class or the cover that will be there. Considering that word – universal, it must be available to everyone. Those people that are financially endowed can always buy insurance from private insurance providers.
Mr. Speaker, Sir, I would want to see a situation where public hospitals give the best treatment and care because this is where most of Kenyans go for medical treatment. We go to private hospitals because that is where we think we will get the best.
The beneficiaries of this Fund and money that we contribute mostly goes to private hospitals because that is where most people go. We want to have a paradigm shift in the manner in which our Kenyan people take the National Health Insurance Fund (NHIF) . Most of that money should go to the public hospitals so that majority of Kenyans can go to public hospitals, so that we build capacity in our public hospitals where our fellow citizens will get the best.
Mr. Speaker, Sir, on the membership of the proposed board, it will be necessary and important to have people who understand and know what the common man goes through. I am disappointed by the proposers of the Bill. There is no proposed name of persons from the political divide.
The politicians whether as Members of County Assembly (MCAs) or Members of Parliament are the people who are confronted by the public on all problems; whether medical, school fees and other issues. Since medical bills give us the greatest nightmares, we should have had a person to represent in this category that is elected by the people in the board.
Mr. Speaker, Sir, this person would be able to push the agenda of the greatest beneficiaries of the harambee funds we are asked to contribute to.
Thank you.
Thank you, Sen. Linturi. I call upon the Mover to reply.
Thank you, Mr. Speaker, Sir, for allowing me to reply. I also wish to thank all the Hon. Members of this House who contributed to this debate and gave constructive improvements to the Bill.
Senator, do not allow yourself to be confused.
Hon. Members, I will defer putting of the question on Order No.11.
We go back to Order No.10. The question had already been proposed and it has been uploaded so that we conclude to Order No. 11 and others. There is no interest. The Mover, Sen. Sakaja, to reply. Sen. Farhiya kindly hold.
They are two. Senator, just check. Reply so as to avoid confusion.
Mr. Speaker, Sir, I have my comments to bring. In the morning when we were debating about our health systems not matching Cuba, this is a capitalist environment because this is a capitalist country and not a socialist country.
For us to be the same as Cuba, we need our governance structure and our laws around how we govern this country. We pride ourselves to be a democratic country and we have market forces where the private sector is also part of the players in this market. We cannot afford to say that we replicate Cuba in terms of how they run their health system.
Mr. Speaker, Sir, for us to succeed there, we must be able to control the prices of how much we pay our doctors and how much our health facilities charge, including the accrued medicine. If you cannot address that issue and we still enjoy the democratic space that we enjoy; where our President says that he gets abused by people, it is because we are democratic and we can afford that.
I beg to reply and thank all the Members of the Committee on Health. I also thank the secretariat of this Committee for doing a good job. This Bill covers Universal Health Care, which is a game changer for this country and it is also part of the Jubilee administration‘s flagship project.
I request the majority leader to second. Sorry, Mr. Speaker, Sir, I beg to reply. Thank you.
Senator, do not allow yourself to be confused.
Hon. Members, I will defer putting of the question on Order No.11.
We go back to Order No.10. The question had already been proposed and it has been uploaded so that we conclude to Order No. 11 and others. There is no interest. The Mover, Sen. Sakaja, to reply. Sen. Farhiya kindly hold.
ADOPTION OF REPORT ON THE APPROVAL OF THE SENATE NOMINEE TO THE EQUALIZATION FUND ADVISORY BOARD
Advisory Board laid on the Table of the Senate today, Thursday, 2nd December, 2021 and pursuant to Standing Order No.72 (c)(iii) of the Senate Standing Orders and paragraph 4(1)(e) of the Public Finance Management (Equalization Fund Administration) Regulations, 2021, approves Mr. Victor Ochieng‘ Odanga for appointment to the Equalization Fund Advisory Board.
Mr. Speaker, Sir, today the House is extremely efficient. Things are moving very fast. I am grateful that after the request made, the report has now been shared for Members to go through it before we vote.
The reason why there is educational requirements for people to be Senators is for us to read. If there is pressure to pass things without reading, that would be a disservice to the people we represent. We need to read these reports.
Mr. Speaker, Sir, I thank the Committee members for the work they have done led by Sen. Kibiru, Sen. (Dr.) Ochillo-Ayacko, Sen. Wetangula, Sen. Mutula Kilonzo Jnr., Sen. Cheruiyot, Sen. Wamatangi, Sen. Nyamunga, Sen. Farhiya and Sen. Omanga.
This is the first time we have gone through this. A lot of things we do for the first time set precedence. If you look at Standing Order No.72 and that is why I asked for a ruling because we do not know how Members will vote.
Mr. Speaker, Sir, I seek your guidance on two things. One, when a Committee such as this sits and brings to the House one name and, unfortunately, that name is voted against, does the process start afresh? According the Act, the Clerk shall notify the appointing authority on the decision of the Senate within seven days. I asked that important question because things need to be made clear. I personally do not know any of the applicants. However, it is important for us to set the precedence of what happens in that case.
Secondly, which provision did the Committee on Finance and Budget use to bring one name before the House? Section 72 (c) of the Act states that the Committee shall shortlist candidates that meet the set criteria and then facilitate public participation, conduct the vetting exercise and table its report within 14 days of the receipt of the names.
Mr. Speaker, Sir, ideally, the Committee should give the Senate at least three names from which Members can then make a decision. That notwithstanding, we are setting a precedence. Now that we have done it in this manner, moving forward, it is going always going to be done this way.
I note that the Committee has recommended a Mr. Victor Ochieng Odanga for appointment as a Senate nominee to the Equalization Fund. I do not know the gentleman that has been shortlisted, but looking at his identity card number, which is 27802734, he seems to be a young person. That is a very recent identity card number. I am very young, but my identity card number starts with 23. I am pleased that young people are getting interested in such positions.
This position is extremely important because for so many years, the Equalization Fund has not been actualized because of the regulations that were pending. It is good that we have put in place the regulations.
Many of us had an issue with the marginalization policy and not the Equalization Fund itself. My issue with the marginalization policy still exists and they will continue to exist. I hope that marginalized areas in urban areas, towns and cities will be considered in
the second round. The Equalization Fund talked about sanitation index, but there is no place with worst sanitation than the poorest of the slums in Nairobi City County yet out of the 17 constituencies, 85 wards and hundreds of slums that we have in this city, not even one has been considered marginalized.
The Equalization Fund talks about bringing up to speed areas that have been left behind in infrastructure such as roads, electricity, water and many others. The reason there is a fire incident in Gikomba or Mathare every month is because of the illegal power connections. Those people do not have a social connection of power that they can afford and pay for. Those Nairobians also have rights. However, most times, the wealth and prosperity of the rest of the city make us think that every Nairobian lives in Westlands, Lavington or Karen.
Mr. Speaker, Sir, yesterday, I went to Dandora to visit an upcoming stadium. We took a walk in the surrounding areas and if you saw the living conditions of the people in Mathare you would be left wondering why such people have been left out in a lot of the basic necessities even just a decent place to go to a toilet; that is sanitation.
I still disagree with how the Commission on Revenue Allocation (CRA) came up with the list of marginalized areas. However, that is not debate for today; we are here to debate the Senate nominee to represent the Senate in the Equalization Fund Board. I hope that the next Senator for Nairobi City County will make sure that the urban poor are represented in terms of equalization. The equalization that we are speaking about should not just look at arid areas. I know that arid areas have been left behind in certain aspects. However, there are certain people who live in urban areas who have never had access to water. There are people in urban areas who do not have electricity because they cannot afford it.
I request the appointee, if passed by the House, to serve with diligence and remember that they are serving the Senate. In the past, we have had situations where people who have been appointed to represent Parliament in the Salaries and Remuneration Commission (SRC) and other bodies, end up forgetting who they are supposed to represent.
Mr. Speaker, Sir, I can see that this report has been signed by five Members. I therefore have a lot of confidence and faith in the Members of that Committee.
I beg to support.
We shall move to divisions shortly. However, before we do so, I would like to state that must have confidence in our committees because they act on behalf of the Senate. When a Committee brings a report before the House, it is important that we respect the outcome because they are our representatives in those committees. I am sure that the Committee has a file of the applicants so that incase the first nominee does not go through; we can move to the next person on their list.
Before we proceed to the divisions of Order No.10 to Order No.16, I ask the Mover to reply.
Mr. Speaker, Sir, I beg to reply. I am sure that you can understand the urgency of this matter. The Equalization Fund has a lifespan of 20 years. Right now, we only have a balance of nine years. I hope that the Senate that will come in the 13th Parliament will change the Constitution to extend the timelines, if that is possible. Time
What about the Motion?
I have not familiarized myself with it. I do not vote for what I do not know.
What is your vote on the Motion, so that it is on record? Are you abstaining?
I will abstain.
I have not familiarized myself with it. I do not vote for what I do not know.
What is your vote on the Motion, so that it is on record? Are you abstaining?
I will abstain.
ADOPTION OF REPORT ON THE APPROVAL OF THE SENATE NOMINEE TO THE EQUALIZATION FUND ADVISORY BOARD DIVISION ROLL CALL VOTING
to Standing Order No.72(c)(iii)) of the Senate Standing Orders and paragraph 4(1)(e) of the Public Finance Management (Equalization Fund Administration) Regulations, 2021,
approves Mr. Victor Ochieng’ Odanga for appointment to the Equalization Fund Advisory Board put and the Senate proceeded to vote by county delegations) AYES: Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Haji Abdul, Garissa County; Sen. (Eng.) Hargura, Marsabit County; Sen. (Prof.) Kamar, Uasin Gishu County; Sen. Kang‘ata, Murang‘a County; Sen. Kavindu Muthama, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru City County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Madzayo, Kilifi County; Sen. Malalah, Kakamega County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Seneta, Kajiado County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Wako, Busia County; Sen. Wambua, Kitui County; and, Sen. Wamatangi, Kiambu County.
Teller for Ayes: Sen. Omanga.
ABSENTIONS: Sen. Linturi.
No.21 of 2021 be read a Second Time, put and the Senate proceeded to vote by County Delegations) AYES: Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Chebeni, Uasin Gishu County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Haji Abdul, Garissa County; Sen. (Eng.) Hargura, Marsabit County; Sen. Kang‘ata, Murang‘a County; Sen. Kavindu Muthama, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru City County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. Madzayo, Kilifi County; Sen. Malalah, Kakamega County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Seneta, Kajiado County; Sen. Murkomen, Elgeyo- Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Wako, Busia County; Sen. Wambua, Kitui County; and, Sen. Wamatangi, Kiambu County.
Teller for Ayes: Sen. Omanga.
AYES: 37 NOES: Nil ABSENTIONS: 1
THE NATIONAL HEALTH INSURANCE FUND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO.21 OF 2021) DIVISION ROLL CALL VOTING
No.21 of 2021 be read a Second Time, put and the Senate proceeded to vote by County Delegations) AYES: Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Chebeni, Uasin Gishu County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Haji Abdul, Garissa County; Sen. (Eng.) Hargura, Marsabit County; Sen. Kang‘ata, Murang‘a County; Sen. Kavindu Muthama, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru City County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. Madzayo, Kilifi County; Sen. Malalah, Kakamega County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Seneta, Kajiado County; Sen. Murkomen, Elgeyo- Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Wako, Busia County; Sen. Wambua, Kitui County; and, Sen. Wamatangi, Kiambu County.
Teller for Ayes: Sen. Omanga.
ABSENTIONS: Nil
(Question, that the Heritage and Museums Bill (Senate Bills No. 22 of 2021 be read a Second Time put and the Senate proceeded to vote by County Delegations) AYES: Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Chebeni, Uasin Gishu County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Haji Abdul, Garissa County; Sen. (Eng.) Hargura, Marsabit County; Sen. Kang‘ata, Murang‘a County; Sen. Kavindu Muthama, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru City County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. Madzayo, Kilifi County; Sen. Malalah, Kakamega County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Seneta, Kajiado County; Sen. Murkomen, Elgeyo- Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Wako, Busia County; Sen. Wambua, Kitui County; and, Sen. Wamatangi, Kiambu County.
Teller for Ayes: Sen. Omanga.
AYES: 36 NOES: Nil ABSENTIONS: Nil
THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO.22 OF 2021) DIVISION ROLL CALL VOTING
(Question, that the Heritage and Museums Bill (Senate Bills No. 22 of 2021 be read a Second Time put and the Senate proceeded to vote by County Delegations) AYES: Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Chebeni, Uasin Gishu County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Haji Abdul, Garissa County; Sen. (Eng.) Hargura, Marsabit County; Sen. Kang‘ata, Murang‘a County; Sen. Kavindu Muthama, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru City County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. Madzayo, Kilifi County; Sen. Malalah, Kakamega County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Seneta, Kajiado County; Sen. Murkomen, Elgeyo- Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Wako, Busia County; Sen. Wambua, Kitui County; and, Sen. Wamatangi, Kiambu County.
Teller for Ayes: Sen. Omanga.
ABSENTIONS: Nil
(Question, that the County Oversight and Accountability Bill (Senate Bills No. 17 of 2021) be read a Second Time put and the Senate proceeded to vote by County Delegations) AYES: Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Chebeni, Uasin Gishu County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Haji Abdul, Garissa County; Sen. (Eng.) Hargura, Marsabit County; Sen. Kang‘ata, Murang‘a County; Sen. Kavindu Muthama, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru City County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. Madzayo, Kilifi County; Sen. Malalah, Kakamega County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Seneta, Kajiado County; Sen. Murkomen, Elgeyo- Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Wako, Busia County; Sen. Wambua, Kitui County; and, Sen. Wamatangi, Kiambu County.
Teller for Ayes: Sen. Omanga
AYES: 36 NOES: Nil ABSENTIONS: Nil
THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE BILLS NO.17 OF 2021) DIVISION ROLL CALL VOTING
(Question, that the County Oversight and Accountability Bill (Senate Bills No. 17 of 2021) be read a Second Time put and the Senate proceeded to vote by County Delegations) AYES: Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Chebeni, Uasin Gishu County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Haji Abdul, Garissa County; Sen. (Eng.) Hargura, Marsabit County; Sen. Kang‘ata, Murang‘a County; Sen. Kavindu Muthama, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru City County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. Madzayo, Kilifi County; Sen. Malalah, Kakamega County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Seneta, Kajiado County; Sen. Murkomen, Elgeyo- Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Wako, Busia County; Sen. Wambua, Kitui County; and, Sen. Wamatangi, Kiambu County.
Teller for Ayes: Sen. Omanga
ABSENTIONS: Nil
(Question, that the Intergovernmental Relations (Amendment) Bill (Senate Bills No.37 of 2021) be read a Second Time put and the Senate proceeded to vote by County Delegations) AYES: Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Chebeni, Uasin Gishu County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Haji Abdul, Garissa County; Sen. (Eng.) Hargura, Marsabit County; Sen. Kang‘ata, Murang‘a County; Sen. Kavindu Muthama, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru City County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. Madzayo, Kilifi County; Sen. Malalah, Kakamega County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Seneta, Kajiado County; Sen. Murkomen, Elgeyo- Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Wako, Busia County; Sen. Wambua, Kitui County; and, Sen. Wamatangi, Kiambu County.
Teller for Ayes: Sen. Omanga.
AYES: 36 NOES: Nil ABSENTIONS: Nil
THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL (SENATE BILLS NO.37 OF 2021) DIVISION ROLL CALL VOTING
(Question, that the Intergovernmental Relations (Amendment) Bill (Senate Bills No.37 of 2021) be read a Second Time put and the Senate proceeded to vote by County Delegations) AYES: Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Chebeni, Uasin Gishu County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Haji Abdul, Garissa County; Sen. (Eng.) Hargura, Marsabit County; Sen. Kang‘ata, Murang‘a County; Sen. Kavindu Muthama, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru City County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. Madzayo, Kilifi County; Sen. Malalah, Kakamega County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Seneta, Kajiado County; Sen. Murkomen, Elgeyo- Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Wako, Busia County; Sen. Wambua, Kitui County; and, Sen. Wamatangi, Kiambu County.
Teller for Ayes: Sen. Omanga.
ABSENTIONS: Nil
Hon. Senators, the results are as follows-
AYES: 36 NOES: Nil ABSENTIONS: Nil
THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO.38 OF 2021) DIVISION
ROLL CALL VOTING
ABSENTIONS: Nil
Hon. Senators, the results are as follows-
AYES: 36 NOES: Nil ABSENTIONS: Nil
THE COUNTY HALL OF FAME BILL (SENATE BILLS NO.9 OF 2021) DIVISION
ROLL CALL VOTING
ABSENTIONS: Nil
Hon. Senators, the results are as follows-
AYES: 36 NOES: Nil ABSENTIONS: Nil
Sen. Olekina, proceed.
PROCEDURAL MOTION
EXTENSION OF SITTING TIME
Thank you, Mr. Speaker, Sir. I rise to move the following simple Procedural Motion-
Mr. Speaker, Sir, considering the seriousness of the business on Order No.22 and the numbers required to make sure that we pass that business, I really request that we start with Order No.22 and complete it. I understand that many of the Bills there, including mine, will also require to be passed.
We can then request the Senate Majority Leader to call us early in January, if this business has to be completed. We can come and complete the others. I am just being practical knowing who we are. By the end of the Committee Stage, we will be unable to have the numbers to pass. I am begging the Senate Majority Leader to convince the House to go that direction.
Sen. (Dr.) Zani, proceed.
Thank you, Mr. Speaker, Sir. We have just passed the Motion to stay until the Orders are finished. Most of these amendments are very brief. In some cases, there are no amendments. I suggest that we just continue and finish. I think we can.
What is your point of order, Sen. Sakaja?
Mr. Speaker, Sir, thank you. All the Bills that are scheduled here are important. In fact, I am surprised that of all the people, Sen. Murkomen wants us to skip a Bill for ‗hustlers.‘
Why do you not take your seat?
Mr. Speaker, Sir, it is a Bill on start-ups and the Prompt Payment Bill to make sure that all the ‗hustlers‘ who we are all supporting are paid promptly by the national Government and county governments.
If you look at these Bills - I can see Sen. (Dr.) Zani is very happy - they all have just one or two amendments. They are not many. Let us just do it and push. I urge all Senators wherever they are to just hold.
Mr. Speaker, Sir, thank you. All the Bills that are scheduled here are important. In fact, I am surprised that of all the people, Sen. Murkomen wants us to skip a Bill for ‗hustlers.‘
Why do you not take your seat?
Sen. Farhiya, I have given direction.
Order, Senators! I want to give direction. This is our last day and it is important we have extended time. Let us just sacrifice for the sake of this country to finish this. I direct that we start with Order No.22.
Sen. Farhiya, I have given direction.
COMMITTEE OF THE WHOLE
IN THE COMMITTEE
THE NATIONAL HEALTH INSURANCE FUND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO.21 OF 2021)
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 10 of the Bill be amended-
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 14 of the Bill be amended in the proposed new section 10
(2)
by deleting the word ―Bachelor‘s‖ appearing immediately after the words ―at least a‖ and substituting therefor the word ―Master‘s‖.
Clause 15
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 15 of the Bill be amended in the proposed new section 10A by inserting the following new subsection immediately after subsection (1) -
(1A)
A person is qualified for appointment as a corporation secretary under subsection
(1)
has been a member of the Institute of certified Public Secretaries for at least ten years and the person is in good standing with the Institute.
The Temporary Chairperson
(Sen. Kinyua)
: Division will be at the end. Clauses 16-18
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 10 of the Bill be amended-
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 14 of the Bill be amended in the proposed new section 10
(2)
by deleting the word ―Bachelor‘s‖ appearing immediately after the words ―at least a‖ and substituting therefor the word ―Master‘s‖.
Clause 15
THAT Clause 19 of the Bill be amended-
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 20 of the Bill be amended in paragraph
(f)
by deleting the words ―one million‖ appearing immediately after the words ―therefor the words‖ in subparagraph
(ii)
and substituting therefor the words ―five hundred thousand.‖
Division will be at the end. Clauses 16-18 (Question, that Clauses 16-18 part of the Bill, proposed)
The Temporary Chairperson (
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 23 of the Bill be amended by deleting the words ―by the youth‖ appearing immediately after the words ―inserting the words‖ and substituting therefor the words ―by unemployed persons‖.
The Temporary Chairperson
(Sen. Kinyua)
: Division will be at the end. Clauses 24 and 25
The Temporary Chairperson
(Sen. Kinyua)
: Division will be at the end.
Clause 26
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 26 of the Bill be amended in paragraph (c) by-
The Temporary Chairperson (
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 35 of the Bill be amended in paragraph (c) by deleting the words ―one million shillings or to imprisonment for a term not exceeding twenty-four months‖
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 21 of the Bill be amended-
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 23 of the Bill be amended by deleting the words ―by the youth‖ appearing immediately after the words ―inserting the words‖ and substituting therefor the words ―by unemployed persons‖. (Question of the amendment proposed) The Temporary Chairperson (
Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by deleting clause 39 and substituting therefor the following new clause-
Amendment of section 38 of No. 9 of 1998.
Clause 26
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 26 of the Bill be amended in paragraph (c) by-
The Title and Clause 1
(Question that the Title and Clause 1 be part of the Bill proposed) The Temporary Chairperson (Sen. Kinyua): Division will be at the end. Hon. Members, we are going to do schedules for all the other Bills then Division for all of them at a later stage.
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 33 of the Bill be amended-
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 35 of the Bill be amended in paragraph (c) by deleting the words ―one million shillings or to imprisonment for a term not exceeding twenty-four months‖
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 13 of the Bill be amended-
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 15 of the Bill be amended by deleting sub clause
(2)
.
The Temporary Chairperson
(Sen. Kinyua)
: Division will be at the end. Clauses 16-19
The Temporary Chairperson
(Sen. Kinyua)
: Division will be at the end. Clause 2
Division will be at the end. Clause 36
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 36 of the Bill be amended by-
Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by deleting clause 39 and substituting therefor the following new clause-
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 3 of the Bill be amended in the proposed new section 2A by deleting paragraph
(h)
.
The Temporary Chairperson
(Sen. Kinyua)
: Division will be at the end. Clauses 4 and 5
The Temporary Chairperson (Sen. Kinyua) : Division will be at the end. Clause 6
Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 6 of the Bill be amended in the proposed new section 6 by –
Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 7 of the Bill be amended in the proposed new section 6A by –
The Title and Clause 1(Question that the Title and Clause 1 be part of the Bill proposed) The Temporary Chairperson (
Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Bill be amended by deleting clause 10 and substituting therefor the following new clause -
COMMITTEE OF THE WHOLE THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE BILLS NO. 25 OF 2020)
Mr. Temporary Chairman, Sir, I beg to move-
THAT Clause 10 of the Bill be amended-
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 12 of the Bill be amended in sub clause (2) by deleting the words ―county and local community‖ appearing immediately after the word ―Each‖. (Question of the amendment proposed) The Temporary Chairperson (
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 15 of the Bill be amended-
Mr. Temporary Chairperson, Sir, I beg to move-
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 15 of the Bill be amended by deleting sub clause (2) . (Question of the amendment proposed) The Temporary Chairperson (
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 17 of the Bill be amended-
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 18 of the Bill be amended
Division will be at the end. Clause 2
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 2 of the Bill be amended in the definition of the word ―benefit sharing agreement‖ by inserting the words ―the exploitation of‖ appearing immediately after the words ―revenue accruing from‖. (Question of the amendment proposed) The Temporary Chairperson (
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 22 of the Bill be amended-
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 23 of the Bill be amended in the proposed new section 51-
Division will be at the end. We will now go to The Co-operative Societies (Amendment) Bill (Senate Bills No.11 of 2020) . Sen. Farhiya, Kindly approach the Table. (Sen. Farhiya consulted with the Temporary Chairperson (Sen. Kinyua) )
COMMITTEE OF THE WHOLE THE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL (SENATE BILLS NO.11 OF 2020)
Clause 3
Clause 26
Mr. Temporary Chairperson, Sir, I beg to move- THAT, clause 26 of the Bill be amended in the proposed new section 54 by –
Division will be at the end. Clauses 4 and 5 (Question that Clauses 4 and 5 be part of the Bill proposed) The Temporary Chairperson (
Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Bill be amended by deleting Clause 29 and substituting therefor the following new clause-
Amendment of section 59 of No. 12 of
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 30 of the Bill be amended by deleting the words ―county executive
committee member‖ appearing immediately after the words ―Commissioner or the‖ in the proposed new sub clause
(1)
and substituting therefor the word ―director‖.
The Temporary Chairperson
(Sen. Kinyua)
: The Division will be at the end. Clause 31
Mr. Temporary Chairperson, Sir, I beg to move-
Mr. Temporary Chairperson, Sir, I beg to move-
THAT, Clause 8 of the Bill be amended –
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 9 of the Bill be amended in the proposed new section 7A by –
Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Bill be amended by deleting clause 10 and substituting therefor the following new clause -
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 11 of the Bill be amended in the proposed new section 9 by deleting the words ―county executive committee member‖ appearing immediately after the words ―decision of the‖ in the introductory clause in subsection (2) and substituting therefor the word ―director‖. (Question of the amendment proposed) The Temporary Chairperson (
Clause 37
The Division will be at the end. Clause 12
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 12 of the Bill be amended by deleting the words ―county executive committee member‖ appearing immediately after the words ―inserting the words or‖ and substituting therefor the words ―director‘s‖. (Question of the amendment proposed) The Temporary Chairperson (
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 39 of the Bill be amended-
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 40 of the Bill be amended by deleting the words ―county executive committee member‖ appearing immediately after the words ―the words the‖ and substituting therefor the word ―director‖.
The Temporary Chairperson
(Sen. Kinyua)
: The Division will be at the end. Clause 41
Mr. Temporary Chairperson, Sir, I beg to move-
THAT, Clause 41 of the Bill be amended in the proposed new subsection 71 by-
Mr. Temporary Chairperson, Sir, I move- THAT Clause 43 of the Bill be amended-
THAT, Clause 16 of the Bill be amended by deleting the words ―county executive committee member‖ appearing immediately after the words ―words or the‖ and substituting therefor the word ―director‖.(Question of the amendment proposed) The Temporary Chairperson (
The Division will be at the end. Clause 17
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 17 of the Bill be amended-
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 18 of the Bill be amended
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 19 of the Bill be amended-
Clauses 59
Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 59 of the Bill be amended-
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 23 of the Bill be amended in the proposed new section 51-
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 24 of the Bill be amended-
New Clause 4A
The Temporary Chairperson (Sen. Kinyua): Sen. Farhiya approach the Chair.
Mr. Temporary Chairperson, Sir, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 4-
Insertion of new section 4A in No.12 of 1997. 4A. The principal Act is amended by inserting the following new section immediately after section 3-
County director of cooperatives. 3A. (1) There shall be an Office of the County Director of Cooperatives which shall be an office within the county public service.
The Division will be at the end.
Clause 26
Mr. Temporary Chairperson, Sir, I beg to move- THAT, clause 26 of the Bill be amended in the proposed new section 54 by –
The Temporary Chairperson (Sen. Kinyua): Division will be at the end. The Schedule
Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 2 of the Bill be amended in paragraph (c) by inserting the following new definition immediately after the definition of the word ―county executive committee member‖ –
―director‖ means the county director of co-operatives appointed under section 3A of this Act.
The Temporary Chairperson
(Sen. Kinyua)
: Division will be at the end. The Title and Clause 1
The Temporary Chairperson
(Sen. Kinyua)
: Division will be at the end.
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 30 of the Bill be amended by deleting the words ―county executive committee member‖ appearing immediately after the words ―Commissioner or the‖ in the proposed new sub clause (1) and substituting therefor the word ―director‖. (Question of the amendment proposed) The Temporary Chairperson (
The Division will be at the end. Clause 31
Mr. Temporary Chairperson, Sir, I beg to move-
Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 5 of the Bill be amended —
Mr. Temporary Chairman, Sir, I beg to move-
The Division will be at the end. Clause 32
THAT clause 7 of the Bill be amended—
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 36 of the Bill be amended in the proposed new section 65 by deleting the words ―county executive committee member‖ appearing immediately after the words ―Commissioner or the‖ and substituting therefor the word ―director‖. (Question of the amendment proposed) The Temporary Chairperson (
Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by deleting clause 9 and substituting therefor the following new clause—
Establishment of public county vocational education and training centres.
Clause 37
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 37 of the Bill be amended-
The Temporary Chairperson (Sen. Kinyua): Division will be at the end. Clause 21
Mr. Temporary Chairman, Sir, I beg to move- THAT clause 21 of the Bill be amended—
Mr. Temporary Chairman, Sir, I beg to move- THAT clause 29 of the Bill be amended in sub-clause (1) —
Mr. Temporary Chairman, Sir, I beg to move- THAT clause 31 of the Bill be amended by deleting sub-clause (1) and substituting therefor the following new sub-clause—
The Division will be at the end. Clause 41
Mr. Temporary Chairperson, Sir, I beg to move-
THAT, Clause 41 of the Bill be amended in the proposed new subsection 71 by-
Mr. Temporary Chairman, Sir, I beg to move- THAT, the Bill be amended by deleting Clause 3 and substituting therefor the following New Clause-
Application of the Act. No. 33 of 2015.
Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 44 of the Bill be amended by deleting the words ―county executive committee member‖ appearing immediately after the words ―words or the‖ and substituting therefor the word ―director‖. (Question of the amendment proposed) The Temporary Chairperson (
Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 6 of the Bill be amended by deleting sub-clause
(2)
.
The Temporary Chairperson
(Sen. Kinyua)
: Division will be at the end. Clauses 7-11
The Temporary Chairperson
(Sen. Kinyua)
: Division will be at the end. Clause 2, the Title and Clause 1
Mr. Temporary Chairperson, Sir, I beg to move-
THAT Clause 45 of the Bill be amended by deleting the words ―county executive committee member‖ appearing immediately after the words ―words or the‖ and substituting therefor the word ―director‖.(Question of the amendment proposed) The Temporary Chairperson (
Division at the end. Clause 46
Mr. Temporary Chairman, Sir, we cannot hear anything. Members may be missing out as you call out the names.
The Temporary Chairperson (Sen. Kinyua) : But we can hear you. Sen. Khaniri, please, vote.
Mr. Temporary Chairman, Sir, we could not hear you for a while.
Division at the end. Clause 48
Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 48 of the Bill be amended in paragraph (a) by deleting the words ―county executive committee member‖ appearing immediately after the words ―reference by the‖ in the proposed new subsection (2) and substituting therefor the words ―Commissioner, director‖. (Question of the amendment proposed) The Temporary Chairperson (
Division at the end. Clauses 49-58 (Question, that Clauses 49-58 be part of the Bill proposed) The Temporary Chairperson (
Division at the end.
Clauses 59
AYES: Sen. (Dr.) Ali, Wajir County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Faki, Mombasa County; Sen. Haji Abdul, Garissa County; Sen. Halake, Isiolo County; Sen. (Eng.) Hargura, Marsabit County; Sen. Chebeni, Uasin Gishu County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kinyua, Laikipia County; Sen. Kihika, Nakuru City County; Sen. Linturi, Meru County; Sen. (Eng.) Maina, Nyeri County; Sen. Malalah, Kakamega County; Sen.(Dr.) Mbito, Trans Nzoia County; Sen. Moi, Baringo County; Sen. Murkomen, Elgeyo Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen.(Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County; Sen. Wambua, Kitui County; Sen. Wetangula, Bungoma County, Sen. Wamatangi, Kiambu County; Sen. (Dr.) Zani, Kwale County.
Teller for Ayes: Sen. (Dr.) Alice Milgo.
Teller of the Noes:
THAT Clause 62 of the Bill be amended in paragraph (c) by deleting the words ―county executive committee member‖ appearing immediately after the words ―The respective‖ in the proposed new subsection (2) and substituting therefor the word ―director‖. (Question of the amendment proposed) The Temporary Chairperson (
Division will be at the end. Clauses 63 and 64 (Question, that Clauses 63 and 64 be part of the Bill proposed) The Temporary Chairperson (
County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County; Sen. Wambua, Kitui County; Sen. Wetangula, Bungoma County, Sen. Wamatangi, Kiambu County; Sen. (Dr.) Zani, Kwale County.
Teller for Ayes: Sen. (Dr.) Alice Milgo.
New Clause 4AThe Temporary Chairperson (
Sen. Farhiya approach the Chair.
Teller of the Noes:
Hon. Senators, the results are as follows:
in No. 12 of 1997. 5A. The principal Act is amended by inserting the following new section immediately after section 6- Registration of a primary society. 6A. (1) An application to register a primary society shall be made to the Director in the prescribed form and signed by at least ten persons qualified to be members of the society under section 14.
The Temporary Chairperson (
Division will be at the end. The Schedule
Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 2 of the Bill be amended in paragraph (c) by inserting the following new definition immediately after the definition of the word ―county executive committee member‖ – ―director‖ means the county director of co-operatives appointed under section 3A of this Act. (Question of the amendment proposed) The Temporary Chairperson (
Hon. Senators, the results are as follows:
Division will be at the end.
COMMITTEE OF THE WHOLE THE COUNTY VOCATIONAL EDUCATION AND TRAINING BILL(SENATE BILLS NO.6 OF 2021)
Mr. Temporary Chairman, Sir, I beg to move-
Hon. Senators, the results are as follows:
Division will be at the end. Clause 4
Sakaja, Nairobi City County; Sen. Seneta, Kajiado County; Sen. Wamatangi; Kiambu County; Sen. Wambua, Kitui County; Sen. Wetangula, Bungoma County; and, Sen. (Dr.) Zani, Kwale County.
Teller for Ayes: Sen. (Dr.) Alice Milgo.
Teller of the Noes:
Hon. Senators, the results are as follows-
THAT clause 7 of the Bill be amended—
Hon. Senators, the results are as follows-
Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by deleting clause 9 and substituting therefor the following new clause—
Establishment of public county vocational education and training centres.
The ―Ayes‖ have it.
Teller of the Noes:
Hon. Senators, the results are as follows-
Division will be at the end. Clause 14
Mr. Temporary Chairman, Sir, I beg to move- THAT clause 14 of the Bill be amended in paragraph (c) by deleting the words ―special needs‖ appearing immediately after the words ―into account the‖ and substituting therefor the word ―disability‖. (Question of the amendment proposed) The Temporary Chairperson (
Teller of the Noes:
Division will be at the end. Clauses 15-20 (Question that Clauses 15-20 be part of the Bill, proposed)
The Temporary Chairperson (
Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the Natural Resources (Benefit Sharing) Bill (Senate Bills No. 25 of 2020) and its approval thereof with amendments.
The Temporary Chairperson (Sen. Kinyua) : Sen. (Dr.) Zani, proceed.
Mr. Temporary Chairman, Sir, I beg to move- THAT clause 21 of the Bill be amended—
Mr. Temporary Chairman, Sir, I beg to move- THAT clause 29 of the Bill be amended in sub-clause (1) —
Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Vocational Education and Training Bill (Senate Bills No.6 of 2021) and its approval thereof with amendments
Mr. Temporary Chairperson, Sir, I second.
COMMITTEE OF THE WHOLE THE PROMPT PAYMENT BILL (SENATE BILLS NO.16 OF 2021)
Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Prompt Payment Bill (Senate Bills No.16 of 2021) and its approval thereof with amendments
Mr. Temporary Chairperson, Sir, I second.
Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 6 of the Bill be amended by deleting sub-clause (2) . (Question of the amendments proposed) The Temporary Chairperson (
Mr. Temporary Chairperson, Sir, I second.
Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the National Health Insurance Fund (Amendment) Bill (National Assembly Bills No. 21 of 2021) and its approval thereof with amendments.
Division will be at the end.
COMMITTEE OF THEWHOLE THE START-UP BILL (SENATE BILLS NO.1 OF 2021)
I call upon the Mover.
Mr. Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report.
I ask Sen. Wambua to second.
- THAT Clause 2 of the Bill be amended-
Mr. Temporary Chairman, Sir, we cannot hear anything. Members may be missing out as you call out the names. The Temporary Chairperson (
We will do the Division later.
Mr. Temporary Chairman, Sir, we could not hear you for a while.
Hon. Senators, we have finished with that one. Let us now go to division for the National Health Insurance Fund (Amendment) Bill (National Assembly Bill No.21 of 2021) .
THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE BILLS NO. 25 OF 2020) DIVISION ROLL CALL VOTING
AYES: 31 NOES: Nil ABSENTIONS: Nil
DIVISION ROLL CALL VOTING
AYES: 31 NOES: Nil ABSENTIONS: Nil
THE COOPERATIVE SOCIETIES (AMENDMENT) BILL (SENATE BILLS NO.11 OF 2020) DIVISION ROLL CALL VOTING
Mr. Speaker, Sir, I second.
Teller of the Noes:
Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Vocational Education and Training Bill (Senate Bills No.6 of 2021) , and its approval therefore with amendments.
AYES: 33 NOES: Nil ABSENTIONS: Nil
DIVISION ROLL CALL VOTING
County; Sen. Outa, Kisumu County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County; Sen. Wambua, Kitui County; Sen. Wetangula, Bungoma County, Sen. Wamatangi, Kiambu County; Sen. (Dr.) Zani, Kwale County.
Teller for Ayes: Sen. (Dr.) Alice Milgo.
Teller of the Noes:
Hon. Senators, the results are as follows-
AYES: 33 NOES: Nil ABSENTIONS: Nil
THE COUNTY VOCATIONAL EDUCATIONAL AND TRAINING BILL (SENATE BILLS NO. 6 OF 2021) DIVISION ROLL CALL VOTING
Teller of the Noes:
Hon. Senators, the results are as follows:
AYES: 31 NOES: Nil ABSENTIONS: Nil
DIVISION ROLL CALL VOTING
Teller of the Noes:
Hon. Senators, the results are as follows:
AYES: 31 NOES: Nil ABSENTIONS: Nil
THE PROMPT PAYMENT BILL (SENATE BILLS NO.16 OF 2020) DIVISION ROLL CALL VOTING
Teller of the Noes:
Hon. Senators, the results are as follows:
AYES: 33 NOES: Nil ABSENTIONS: Nil
DIVISION ROLL CALL VOTING
Mover.
Teller of the Noes:
The Division will be at the end.
AYES: 33 NOES: Nil ABSENTIONS: Nil
THE START-UP BILL(SENATE BILLS NO.1 OF 2020) DIVISION ROLL CALL VOTING
Sakaja, Nairobi City County; Sen. Seneta, Kajiado County; Sen. Wamatangi; Kiambu County; Sen. Wambua, Kitui County; Sen. Wetangula, Bungoma County; and, Sen. (Dr.) Zani, Kwale County.
Teller for Ayes: Sen. (Dr.) Alice Milgo.
Teller of the Noes:
Hon. Senators, the results are as follows-
AYES: 34 NOES: Nil ABSENTIONS: Nil
DIVISION ROLL CALL VOTING
Teller of the Noes:
Hon. Senators, the results are as follows-
AYES: 34 NOES: Nil ABSENTIONS: Nil
The ―Ayes‖ have it.
THE NATIONAL HEALTH INSURANCE FUND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 21 OF 2021) DIVISION ROLL CALL VOTING
Teller of the Noes:
Hon. Senators, the results are as follows-
AYES: 33 NOES: Nil ABSENTIONS: Nil
DIVISION ROLL CALL VOTING
Teller of the Noes:
Hon. Senators, the results are as follows-
AYES: 33 NOES: Nil ABSENTIONS: Nil
THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE BILLS NO. 25 OF 2020)
Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Seneta, Kajiado County; Sen. Wamatangi, Kiambu County; Sen. Wambua, Kitui County; Sen. Wetangula, Bungoma County; and Sen. (Dr.) Zani, Kwale County.
Teller of the Ayes: Sen. Farhiya
Hon. Senators, the results are as follows:
THE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL (SENATE BILLS NO.11 OF 2020)
Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the Co-Operative Societies (Amendment) Bill (Senate Bills No.11 of 2020) and its approval thereof with amendments. (Question proposed) (Question put and agreed to) The Temporary Chairperson (
West Pokot County; Sen. Seneta, Kajiado County; Sen. Wamatangi, Kiambu County; Sen. Wambua, Kitui County; Sen. Wetangula, Bungoma County; and Sen. (Dr.) Zani, Kwale County.
Teller of the Ayes: Sen. Farhiya
THE COUNTY VOCATIONAL EDUCATION AND TRAINING BILL (SENATE BILLS NO. 6 OF 2021)
Hon. Senators, the results are as follows:
Mr. Temporary Chairperson, Sir, I second.
THE PROMPT PAYMENT BILL (SENATE BILLS NO. 16 OF 2021)
Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Prompt Payment Bill (Senate Bills No.16 of 2021) and its approval thereof with amendments
Mr. Temporary Chairperson, Sir, I second.
THE START-UP BILL (SENATE BILL NO.1 OF 2021)
Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Start-Up Bill (Senate Bills No.1 of 2021) and its approval thereof with amendments.
Hon. Senators, the results are as follows:
THE NATIONAL HEALTH INSURANCE FUND BILL (NATIONAL ASSEMBLY BILLS NO. 21 OF 2021)
Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the National Health Insurance Fund (Amendment) Bill (National Assembly Bills No. 21 of 2021) and its approval thereof with amendments.
Mr. Temporary Chairperson, Sir, I second.
REPORTS AND CONSIDERATION OF REPORTS THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE BILLS NO.25 OF 2020)
Let us now have the Chairperson of the Committee reporting on The Natural Resources (Benefit Sharing) Bill (Senate Bills No.25 of 2020) . The Temporary Chairperson (
Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The Natural Resources (Benefit Sharing) Bill (Senate Bills No.25 of 2020) and its approval thereof with amendments.
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Olekina?
Mr. Speaker, Sir, I thank you for such a detailed ruling on the matter. For us to be able to ensure that we comply with that, I want to seek indulgence and maybe ask you to direct all Chairpersons, and also the secretariat, that in the event that the CS sends a CAS or a Principal Secretary, that meeting should not even commence.
The biggest problem we have is that some Committee Chairpersons give leeway and say ―it is all right, let us listen to them.‖ I have attended several committees. I have to give credit to some Chairpersons like Sen. Sakaja and Sen. Wamatangi, when he sat in our committees, because they adhered to your ruling. Most of them quote the same Articles 153 and 125.
For us to be serious and stamp authority of this House, I would like you to re- emphasize to the Chairpersons and the clerks not to allow meetings to proceed. Otherwise, your ruling will be rendered useless.
I have said exactly that. I am sure that the Chairpersons have heard me because I also have a strong voice as well as strong Chairpersons who can implement this directive.
Hon. Senators, I just want to seek your indulgence. There are just two Statements that are quite important and critical. Please keep them brief. There will be no comment or riders.
Sen. Kinyua, proceed.
We will do the Division later.
THE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL (SENATE BILLS NO.11 OF 2020)
We are now reporting on The Co-Operative Societies (Amendment) Bill (Senate Bills No.11 of 2020) . Temporary Chairperson, proceed. The
There is a point of order from Sen. Sakaja.
Mr. Speaker, Sir, will I be out of order if I ask your Chairperson and the Members of the House before Sen. Kinyua finishes his Statement---
Mr. Speaker, Sir, I beg to move that the House do agree with the Committee on the said report and request Sen. Wambua to second.
Let us consult in low tones, Sen. Omanga.
Mover.
Mr. Speaker, Sir, I beg to move that the Co-Operative Societies (Amendment) Bill (Senate Bills No.11 of 2020) , be now read a Third Time and request Sen. Olekina to second.
Mr. Speaker, Sir, I second.
As part of peace building efforts, there have been consultations between area residents and owners of Laikipia Nature Conservancy to clear all the trees and bushes at the edge of the conservancy so as to aid visibility in flashing out the bandits.
A clearance of about 500 metres inside the conservancy will also aid in the security operation in the area. The owners have agreed to the task. However, the challenge is that the Ministry of Environment and Forestry has out-lawed the cutting of trees and subsequent charcoal burning in the area.
Mr. Speaker, Sir, I call upon the Ministry to give a special consideration and lift the ban temporarily so as to allow the clearance which will enhance security in the volatile area. I urge that pursuant to Standing Order No.43(3), you refer this matter to the Standing Committee on Lands, Environment and Natural Resources to intervene and get a special consideration from the Ministry to allow residents to clear the bush and burn charcoal to enhance visibility in security operations in the county.
I thank you.
Proceed, Sen. (Dr.) Musuruve.
Mr. Speaker, Sir, I beg to move that the House do agree with the Committee on the said report and request Sen. Kwamboka to second.
Mr. Speaker, Sir, I second.
was earlier on restricted by societal negative perception on disability. Key milestones such as the introduction and management of Educational Assessment Research Centres (EARCs), the Kenya Institute of Special Education (KISE), secondary schools, primary schools and Early Childhood Development Education (ECDE) centres across the country that deal with learners with disabilities cannot be wished away.
I urge the Government of Kenya and all governments globally to prioritize the education of learners with disabilities by allowing funds to go to special needs education in order to cater for infrastructure, maintenance, purchase of learning materials for Special Needs Education (SNE) and ensuring 100 per cent transition of those learners to secondary schools, tertiary institutions, TVETS, vocational educational centres and universities. I urge the concerned Ministry to effect cash transfers to deserving PwDs and offer fully fledged scholarships to them at all levels of education.
Mr. Speaker, Sir, Article 98(1)(d) of the Constitution, guarantees two slots for PwDs in the membership of the Senate. In the National Assembly, this guarantee is also envisioned. I appreciate all these attempts, but call upon the Government and political parties to do more in ensuring that no one is left behind. We must all safeguard the gains so far made.
Mr. Speaker, Sir, I urge the Government of Kenya to allocate more and specific funds to the Teachers Service Commission (TSC) to ensure specific attempts are made to employ more special needs teachers and deploy them to SNE schools in order to meet the international standards or teacher-learner ratio.
Mr. Speaker, Sir, the Government needs to deliberately guarantee job opportunities for learners with disabilities who have completed secondary level, TVETs and universities. As we celebrate this day, it must be clear that economic empowerment for PwDs is a sure way of ending the existing socio-economic disparities. I urge political parties to ensure that PwDs are involved in decision making at all levels.
It is notable that in 17 county assemblies, PwDs miss representation. This needs to be addressed by political parties and a matter of urgency. The Independent Electoral and Boundaries Commission (IEBC) needs to sanction political parties that do not adhere to PwDs representation.
Mr. Speaker, Sir, as I conclude, let me make it clear that for effective inclusion and mainstreaming of PwDs, concerted efforts by everyone in the society is key. Every Government organ as well as public and private organisations must endeavour to implement Article 54 of the Constitution, on entitlement of PwDs.
Happy International Day of PwDs, everyone.
I direct the other question by Sen. Kinyua to the Committee on Lands, Environment and Natural Resources.
Sen. Mwangi, proceed and be brief. Hon. Senators, we are almost there.
Mr. Speaker, Sir, I second.
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.48 (1) to seek a Statement from the Committee on Lands, Environment and Natural Resources on the rampant destruction of food crops by elephants in Kereita Ward, Ndaragua Constituency, Nyandarua County.
In the Statement, the Committee should explain why-
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Wambua?
Sen. Farhiya seconded.
Mover.
Mr. Speaker, Sir, I beg to move that The Prompt Payment Bill (Senate Bills No.16 of 2021) be now read a Third Time. I ask Sen. Farhiya, the Co- Sponsor, to second.
Sen. Farhiya seconded.
The Division will be at the end.
THE START-UP BILL (SENATE BILLS NO. 1 OF 2021)
Do you want to be informed?
Yes, Mr. Speaker, Sir. Let him give me information.
Mr. Speaker, Sir, I would just like to inform my dear friend and Senator for Nyandarua County as well as Sen. Wambua, that it is within the right of the Senator to raise the Statement. However, the Secretariat should have guided us on what happens in such a situation. I have had to deal with a similar Statement and that is how I brought the Dandora Stadium issue.
Mr. Speaker, Sir, Standing Order No.51 says- ― (1) A Committee Chairperson–
Okay. Sen. Mwangi, proceed.
Mr. Speaker, Sir, I thank Sen. Sakaja for that information. In the Statement, the Committee should-
The Division will be at the end.
THE NATIONAL HEALTH INSURANCE FUND BILL (NATIONAL ASSEMBLY BILLS NO. 21 OF 2021)
Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered the National Health Insurance Fund (Amendment) Bill (National Assembly Bills No. 21 of 2021) and its approval thereof with amendments.
Mover.
Mr. Speaker, Sir, I beg to move that the House do agree with the Committee in the said report and ask Sen. (Dr.) Mbito to second.
Sen. (Dr.) Mbito seconded.
Mover.
Mr. Speaker, Sir, I beg to move that The National Health Insurance Fund (Amendment) Bill (National Assembly Bills No. 21 of 2021) be now read a Third Time.
I ask Sen. Sen. (Dr.) Mbito to second. Sen. (Dr.) Mbito seconded.
The Division will be at the end. I now direct that the Bell be rung for five minutes and the Senators online to log in. We are verifying that we have the numbers. You have waited for a whole year. Five minutes is a short period.
We are ready to start. Hon. Senators, I had already put the question. So, we are now voting for all the six. Let us start.
THIRD READING THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE BILLS NO. 25 OF 2020)
Mr. Speaker, Sir, I want to wish everyone, their families and their business the best. I commit all those who go into their political orientations to God to protect them and bring them back safely.
I beg to move and ask Sen. Wambua to second.
DIVISION ROLL CALL VOTING
NOES: Nil.
Hon. Senators, the results are as follows:
AYES: 33 NOES: Nil ABSTENTIONS: Nil
THIRD READING THE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL (SENATE BILLS NO. 11 OF 2020)
Garissa County; Sen. Kavindu Muthama, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru City County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. Madzayo, Kilifi County; Sen. Malalah, Kakamega County; Sen.(Dr.) Mbito, Trans Nzoia County; Sen. Moi, Baringo County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Seneta, Kajiado County; Sen. Wamatangi, Kiambu County; Sen. Wambua, Kitui County; Sen. Wetangula, Bungoma County; and Sen. (Dr.) Zani, Kwale County.
Teller of the Ayes: Sen. Farhiya
NOES: Nil.
Hon. Senators, the results are as follows:
AYES: 33 NOES: Nil ABSTENTIONS: Nil
THIRD READING THE COUNTY VOCATIONAL EDUCATION AND TRAINING BILL (SENATE BILLS NO.6 OF 2021)
DIVISION ROLL CALL VOTING
Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita/Taveta County; Sen. Ndwiga, Embu County; Sen. Olekina, Narok County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Seneta, Kajiado County; Sen. Wamatangi, Kiambu County; Sen. Wambua, Kitui County; Sen. Wetangula, Bungoma County; and Sen. (Dr.) Zani, Kwale County.
Teller of the Ayes: Sen. Farhiya
NOES: Nil.
Hon. Senators, the results are as follows:
AYES: 33 NOES: Nil ABSTENTIONS: Nil
THIRD READING THE PROMPT PAYMENT BILL (SENATE BILLS NO. 16 OF 2021)
DIVISION ROLL CALL VOTING
West Pokot County; Sen. Seneta, Kajiado County; Sen. Wamatangi, Kiambu County; Sen. Wambua, Kitui County; Sen. Wetangula, Bungoma County; and Sen. (Dr.) Zani, Kwale County.
Teller of the Ayes: Sen. Farhiya
NOES: Nil.
Hon. Senators, the results are as follows:
AYES: 33 NOES: Nil ABSTENTIONS: Nil
THIRD READING THE START-UP BILL (SENATE BILLS NO. 1 OF 2021)
DIVISION ROLL CALL VOTING
NOES: Nil.
Hon. Senators, the results are as follows:
AYES: 33 NOES: Nil ABSTENTIONS: Nil
THIRD READING THE NATIONAL HEALTH INSURANCE FUND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 21 OF 2021)
DIVISION ROLL CALL VOTING
NOES: Nil.
Hon. Senators, the results are as follows:
NOES: Nil ABSTENTIONS: Nil
MESSAGE FROM THE NATIONAL ASSEMBLY APPROVAL OF SENATE AMENDMENTS TO THE PUBLIC PRIVATE PARTNERSHIP BILL (NATIONAL ASSEMBLY BILLS NO.6 OF 2021)
Hon. Senators, we now on Order No.3. I wish to report to the Senate that pursuant to Standing Order No.41 (3) , I have received the following Message from the Speaker of the National Assembly regarding the approval by the National Assembly of the Senate amendments to the Public Private Partnership Bill (National Assembly Bills No.6 of 2021) .
Pursuant to the said Standing Order, I now report the Message. ―Pursuant to the provisions of Standing Order No.41 (1) of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly-
WHEREAS the Public Private Partnership Bill (National Assembly Bills No.6 of 2021) , having been passed by the National Assembly with amendments on 30th June, 2021 was forwarded to the Senate;
AND WHEREAS the Senate also considered and passed the Bill with amendments on Thursday, 21st October,2021 and sought the National Assembly‘s concurrence on the amendment in accordance with the provisions of Article 112 (1) (b) of the Constitution.
WHEREAS, the National Assembly, having considered the amendments concurred with the Senate on Tuesday, 23rd November 2021.
NOW THEREFORE, the Bill having concluded the bicameral passage in the House, I will present the Bill to His Excellency the President for assent in accordance with the provisions of Article 112 of the Constitution.
Hon. Senators, as a communicated in the Message, the Speaker of the National Assembly is currently processing the Bill for assent.
I thank you. I also have a communication.
COMMUNICATION FROM THE CHAIR
NON-APPEARANCE BY CABINET SECRETARIES BEFORE SENATE COMMITTEES
Hon. Senators, you will recall that at the sitting of the Senate on Wednesday 17th November 2021, the Senate Minority Whip, Sen. Mutula Kilonzo Jnr., while contributing to the report of the Standing Committee on Devolution and Intergovernmental Relations on a Petition to the Senate concerning boundary disputes between Kisumu, Siaya and Vihiga counties around Maseno area, brought to the attention of the Senate that the Cabinet Secretary (CS) for Interior and Coordination of National Government and the CS for Lands and Physical Planning were scheduled to hold a meeting with the Standing Committee on Justice, Legal Affairs and Human Rights and the Standing Committee on National Security, Defence and Foreign Relations on another matter.
The Senator informed the House that the said CS did not appear before the Committee and instead sent officers from the Ministries. However, the officers were not given audience by the Committees.
The Senate Minority Whip expressed concern that the work of the Standing Committees was being stifled by concerned CSs who upon being invited to meetings sent junior officers to meetings of committees of the Senate.
The Senate Minority Whip was supported by a point of order raised by the Senate Minority Leader, Sen. Orengo, concerning non-appearance by CSs before Committees of the Senate. In the point of order, the Senate Minority Leader expressed concern about the growing trend of CSs being represented by Chief Administrative Secretaries (CASs) or junior officers from the national Executive.
The Senate Minority Leader argued that the constitutional responsibility for accountability is placed on the CS and not CASs and Principal Secretaries (PSs) , and, therefore, only CSs should appear before Committees of the Senate. The point of order by the Senate Minority Leader was supported by Sen. Sakaja, Sen. (Eng.) Maina, Sen. (Eng.) Mahamud, Sen. Wetangula, Sen. Olekina and Sen. Cheruiyot, who in their submissions, expressed the need for the Senate to assert its constitutional authority of oversight.
Hon. Senators, I, therefore, undertook to give a way forward on the matter. In so doing, I took into consideration the views by the Senators and existing constitutional and legal framework. This is obviously a very serious matter that needs to be handed with caution, respecting the complementarity between the different arms of Government.
On 18th March 2019, the Senate Liaison Committee held a meeting with the National Implementation and Coordination Cabinet sub-committee. The meeting was held on the premise that there was need for a monitoring framework for implementation of resolutions of the Senate and Acts of Parliament. At the meeting, it was resolved inter alia that whenever a Committee of the Senate requires submissions or appearances from a Ministry, the person to make such submissions or appearances before the Committee would be the CS.
CSs are invited to meetings of parliamentary committees by dint of Article 153 of the Constitution. Article 153 (3) provides, and I quote-
―A Cabinet Secretary shall attend before a Committee of the National Assembly or the Senate when required by the Committee and answer any question concerning a matter for which the CS is responsible.‖
Further, Article 13 (4) requires a CS to, and I quote- ―Act in accordance with the Constitution and provide Parliament with full and regular reports concerning matters under their control.‖
Additionally, it is important to note that the power of the Senate and indeed of Parliament to require the attendance of any person is a constitutional requirement. Article 125 (1) of the Constitution gives power to Committees of Parliament to summon any person to appear before it for the purpose of giving evidence or providing information.
Article 125(2) of the Constitution states, and I quote- ―For purposes of clause (1), a House of Parliament and any of its committees has the same powers as the High Court-
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Olekina?
Mr. Speaker, Sir, I thank you for such a detailed ruling on the matter. For us to be able to ensure that we comply with that, I want to seek indulgence and maybe ask you to direct all Chairpersons, and also the secretariat, that in the event that the CS sends a CAS or a Principal Secretary, that meeting should not even commence.
The biggest problem we have is that some Committee Chairpersons give leeway and say ―it is all right, let us listen to them.‖ I have attended several committees. I have to give credit to some Chairpersons like Sen. Sakaja and Sen. Wamatangi, when he sat in our committees, because they adhered to your ruling. Most of them quote the same Articles 153 and 125.
For us to be serious and stamp authority of this House, I would like you to re- emphasize to the Chairpersons and the clerks not to allow meetings to proceed. Otherwise, your ruling will be rendered useless.
I have said exactly that. I am sure that the Chairpersons have heard me because I also have a strong voice as well as strong Chairpersons who can implement this directive.
Hon. Senators, I just want to seek your indulgence. There are just two Statements that are quite important and critical. Please keep them brief. There will be no comment or riders.
Sen. Kinyua, proceed.
STATEMENTS
INSECURITY IN LAIKIPIA COUNTY
Mr. Speaker, Sir, thank you. I rise pursuant to Standing Order No. 47 (1) to make a Statement on an issue of countywide concern.
On a point of order, Mr. Speaker, Sir
There is a point of order from Sen. Sakaja.
Mr. Speaker, Sir, will I be out of order if I ask your Chairperson and the Members of the House before Sen. Kinyua finishes his Statement---
Let us consult in low tones, Sen. Omanga.
Mr. Speaker, Sir, I want to commend Sen. Kinyua for the work he has done today from 2.30 p.m. up until this moment, of course, under your guidance. He has sat there and helped us finish all of this business on our final day. Sen. Kinyua must be commended for the great work he has done. He is a great addition to the Speaker‘s Panel as well as Mr. Chania, the Assistant Principal Clerk. They have sat here and helped us deal with all this business.
Now everybody wants to be commended. However, the Whips have done a great job and the secretariat. Honestly, Sen. Kinyua, you have done a remarkable job. Sorry for the interruption, but thank you. The Whips and Sen. Omanga, mama miradi, my assistant has really helped.
Of course, all of you are being appreciated, but in different stages depending on what exactly you did.
Sen. Kinyua, proceed.
Mr. Speaker, Sir, thank you. Thank you, Sen. Sakaja. That was not a bad interruption. It made me feel nice.
I rise pursuant to Standing Order No.47 (1) to make a Statement on an issue of countywide concern regarding the insecurity in Laikipia County and the need to clear land around the Laikipia Nature Conservancy to aid visibility and enhance security operation in the county.
Mr. Speaker, Sir, for months now, Laikipia County has been embroiled in conflicts caused by clashes between farmers and various pastoralist groups on one hand and attackers by bandits on the other hand. In the past few months and weeks, houses have been torched and lives lost in the Ol-Moran region of Laikipia when bandits attacked the residents.
On 6th September, 2021, I raised a Statement on the incessant banditry attacks on the residents of Laikipia County where bandits had taken over the Ol-Moran area of Laikipia County and were visiting terror on innocent residents with impunity. I also called upon the President and Commander-in-Chief of the Kenya Defence Forces (KDF) to order KDF officers to move in and neutralise the bandits.
Mr. Speaker, Sir, following contribution from Senators and pursuant to Standing Order No.47 (3) , you referred the matter to the Standing Committee on National Security, Defence and Foreign Relations and directed that the Committee visits Laikipia County and tables a report in the House. The Committee undertook a fact-finding mission to Laikipia County and tabled a report on 6th October, 2021.
The Government initiated a dusk to dawn curfew to facilitate an operation to flash out the bandits who were believed to be hiding in Laikipia Nature Conservancy. These are commendable efforts though the attackers are still far from over as heightened insecurity continues to be felt in Laikipia West and North, and also, in the areas around the conservancy where bandits are operating from.
Mr. Speaker, Sir, most recently, more than five people have been killed and more people displaced with this purported operation taking place. There is need to have more National Police Reservists to assist the officers on the ground as they understand the terrain very well.
As part of peace building efforts, there have been consultations between area residents and owners of Laikipia Nature Conservancy to clear all the trees and bushes at the edge of the conservancy so as to aid visibility in flashing out the bandits.
A clearance of about 500 metres inside the conservancy will also aid in the security operation in the area. The owners have agreed to the task. However, the challenge is that the Ministry of Environment and Forestry has out-lawed the cutting of trees and subsequent charcoal burning in the area.
Mr. Speaker, Sir, I call upon the Ministry to give a special consideration and lift the ban temporarily so as to allow the clearance which will enhance security in the volatile area. I urge that pursuant to Standing Order No.43(3), you refer this matter to the Standing Committee on Lands, Environment and Natural Resources to intervene and get a special consideration from the Ministry to allow residents to clear the bush and burn charcoal to enhance visibility in security operations in the county.
I thank you.
Proceed, Sen. (Dr.) Musuruve.
INTERNATIONAL DAY OF PERSONS WITH DISABILITIES
Mr. Speaker, Sir, I thank you for giving me an opportunity to make a Statement on the International Day of Persons with Disabilities.
I rise pursuant to Standing Order pursuant to Standing Order No.47 (1) to make a statement on an issue of general topical concern; namely, the International Day of Persons With Disabilities.
Mr. Speaker, Sir, the world marks the International Day of Persons with Disabilities (PwDs) every 3rd of December. The annual observance of this day was proclaimed in 1992 by the United Nations General Assembly Resolution No.47 (3) with the aim to increase the awareness of the issue faced by Persons with Disabilities (PwDs) in every aspect of social, economic and cultural life.
This year‘s theme is leadership and participation of PwDs towards an inclusive, accessible and sustainable post COVID-19 world. In terms of statistics, nearly one billion persons or 15 per cent of the total world population live with some form of disability. About 80 per cent of PwDs live in developing countries while more than 100 million PwDs are children. The PwDs have been affected disproportionately by the health, social and economic consequences of the global issues hence the day is observed to weigh the participation of PwDs in the sustainable development world.
Mr. speaker, Sir, as we celebrate this day, I choose to look at the gains so far that many nations have achieved in the attempt to include and mainstream PwDs in the society. Some decades ago, some PwDs were predominantly viewed from a pity paradigm and medical perception. I appreciate the nations that have adopted the human rights approach basis in integrating PwDs issues.
Kenya is one of the nations that have made great attempt of ensuring that the wellbeing of PwDs is achieved. The introduction of special needs education at the Kenyatta University initiated by the Government of Kenya and DANIDA was a game changer in ensuring that children with disabilities would take the academic path, which
was earlier on restricted by societal negative perception on disability. Key milestones such as the introduction and management of Educational Assessment Research Centres (EARCs), the Kenya Institute of Special Education (KISE), secondary schools, primary schools and Early Childhood Development Education (ECDE) centres across the country that deal with learners with disabilities cannot be wished away.
I urge the Government of Kenya and all governments globally to prioritize the education of learners with disabilities by allowing funds to go to special needs education in order to cater for infrastructure, maintenance, purchase of learning materials for Special Needs Education (SNE) and ensuring 100 per cent transition of those learners to secondary schools, tertiary institutions, TVETS, vocational educational centres and universities. I urge the concerned Ministry to effect cash transfers to deserving PwDs and offer fully fledged scholarships to them at all levels of education.
Mr. Speaker, Sir, Article 98(1)(d) of the Constitution, guarantees two slots for PwDs in the membership of the Senate. In the National Assembly, this guarantee is also envisioned. I appreciate all these attempts, but call upon the Government and political parties to do more in ensuring that no one is left behind. We must all safeguard the gains so far made.
Mr. Speaker, Sir, I urge the Government of Kenya to allocate more and specific funds to the Teachers Service Commission (TSC) to ensure specific attempts are made to employ more special needs teachers and deploy them to SNE schools in order to meet the international standards or teacher-learner ratio.
Mr. Speaker, Sir, the Government needs to deliberately guarantee job opportunities for learners with disabilities who have completed secondary level, TVETs and universities. As we celebrate this day, it must be clear that economic empowerment for PwDs is a sure way of ending the existing socio-economic disparities. I urge political parties to ensure that PwDs are involved in decision making at all levels.
It is notable that in 17 county assemblies, PwDs miss representation. This needs to be addressed by political parties and a matter of urgency. The Independent Electoral and Boundaries Commission (IEBC) needs to sanction political parties that do not adhere to PwDs representation.
Mr. Speaker, Sir, as I conclude, let me make it clear that for effective inclusion and mainstreaming of PwDs, concerted efforts by everyone in the society is key. Every Government organ as well as public and private organisations must endeavour to implement Article 54 of the Constitution, on entitlement of PwDs.
Happy International Day of PwDs, everyone.
I direct the other question by Sen. Kinyua to the Committee on Lands, Environment and Natural Resources.
Sen. Mwangi, proceed and be brief. Hon. Senators, we are almost there.
RAMPANT DESTRUCTION OF FOOD CROPS BY ELEPHANTS IN KEREITA WARD
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.48 (1) to seek a Statement from the Committee on Lands, Environment and Natural Resources on the rampant destruction of food crops by elephants in Kereita Ward, Ndaragua Constituency, Nyandarua County.
In the Statement, the Committee should explain why-
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Wambua?
Mr. Speaker, Sir, I would be the last person to disrupt my big brother, Sen. Mwangi. However, to the best of my recollection, Sen. Mwangi is the Chairperson of the Committee on Lands, Environment and Natural Resources and he is seeking a Statement from the same Committee. How does that work?
Mr. Speaker, Sir, most importantly is that I am a representative of a County as a Senator. Before I became Chairperson, I was a Senator. There is no other representative of Nyandarua County in this---
Okay, proceed. I had actually approved it because I understood those dynamics.
Thank you, Mr. Speaker, Sir. In the Statement---
On a point of information, Mr. Speaker, Sir.
Do you want to be informed?
Yes, Mr. Speaker, Sir. Let him give me information.
Mr. Speaker, Sir, I would just like to inform my dear friend and Senator for Nyandarua County as well as Sen. Wambua, that it is within the right of the Senator to raise the Statement. However, the Secretariat should have guided us on what happens in such a situation. I have had to deal with a similar Statement and that is how I brought the Dandora Stadium issue.
Mr. Speaker, Sir, Standing Order No.51 says- ― (1) A Committee Chairperson–
Okay. Sen. Mwangi, proceed.
Mr. Speaker, Sir, I thank Sen. Sakaja for that information. In the Statement, the Committee should-
DELAY IN ISSUANCE OF TITLE DEEDS TO MEMBERS OF GWA KUNG‘U SELF-HELP GROUP, NYANDARUA COUNTY
Mr. Speaker, Sir, I also rise pursuant to Standing Order No.48 (1) to seek a Statement from the Standing Committee on Lands, Environment and Natural Resources on the delay in issuance of title deeds to the members of Gwa Kung‘u Self- help Group in Ndaragwa Constituency, Nyandarua County.
In the Statement the Committee should-
DISCONTINUATION OF THE SCHOOL FEEDING PROGRAMME IN ISIOLO COUNTY
Thank you very much, Mr. Speaker, Sir. I rise pursuant to Standing Order No.48 (1) to seek a Statement from the Standing Committee on Education regarding discontinuation of the School Feeding Programme (SFP) in Isiolo County.
In the Statement, the Committee should-
I now defer Order No. 23 and 24 and direct that we go to Order No. 25.
FAST TRACKING CULTURAL DEVELOPMENTS IN COUNTIES
ADOPTION OF REPORT ON ETHNIC DIVERSITY AND INCLUSIVITY AT KMA AND KPA
ADJOURNMENT OF THE SENATE PURSUANT TO THE APPROVED CALENDAR FOR THE 2021 SESSION
Mr. Speaker, Sir, I beg to move the following Motion:
THAT, pursuant to Standing Orders No.28 and 29, the Senate do adjourn until Tuesday 8th February, 2022.
As I said in my Statement earlier, there is a lot that is ahead of us. For those who are going for sports, they will go to represent us. For those who have trips, they will make them on our behalf. However, mostly, Members will have an opportunity to take a break and prepare for the next Session.
Mr. Speaker, Sir, I want to speak on just one matter. As we go, our people need our services, particularly in terms of making them aware of the dangers of the COVID-
Mr. Speaker, Sir, I want to wish everyone, their families and their business the best. I commit all those who go into their political orientations to God to protect them and bring them back safely.
I beg to move and ask Sen. Wambua to second.
Thank you, Mr. Speaker, Sir. I stand to second the Adjournment Motion as moved by the Senate Majority Leader. As we take this long break and go out there, many of us will be involved in political campaigns.
I wish that all of us, including myself, shall be agents of peace in this country. The stakes are very high. We are facing an election where a sitting President is not going to defend his position. In such a situation, the stakes are very high. However, we must always remember that there is a country to take care of after the elections. I wish my colleagues a Merry Christmas as they unite with their families and constituents. Let us preach peace in all our counties.
Mr. Speaker, Sir, with those few remarks, I second.
ADJOURNMENT
Hon. Senators, there being no other business, it is now time to adjourn the House. The Senate, therefore, stands adjourned until Tuesday 8th February, 2022 at 2.30 p.m.
The Senate rose at 9.50 p.m.