March, 10, 2026 SENATE DEBATES 1

Tuesday, 10th March, 2026

Clerk, do we have quorum?

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

Hon. Senators, we now have quorum. Kindly take your seats. Clerk, you may call the first Order.

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of nine young men and women who are in the Senate undertaking an internship programme. The objective of the programme is to provide young people with firsthand experience in the legislative process and to expose them to the intricate world of public policy and public service. They have been assigned to understudy our staff in various directorates of the Senate.

I request each of the attachees to stand when called out, so that they may be acknowledged in the Senate tradition-

March, 10, 2026 SENATE DEBATES 2

Thank you, Mr. Speaker, Sir. I join you to extend a warm welcome to the visiting delegation consisting of young people from across the country who are here on an internship programme. I encourage the young ones to take full advantage of their access to the Parliament of the Republic of Kenya to learn as much as they can in their different fields.

Mr. Speaker, Sir, this is a very crucial time for them. At some point, when I was younger, I got an opportunity to be attached to the United Nations Environment Programme (UNEP) offices in Nairobi and attached to one of the senior directors from Zimbabwe. I learnt a lot and got valuable experience from interactions with the management of UNEP. Therefore, I urge the young ones to take this internship very seriously. It will shape their future.

Next Order.

The Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights (JLAHRC) or any member of that committee.

We will defer that Order.

We will defer the notice by JLAHRC and proceed to Sen. Andrew Omtatah to give notice.

We will also defer that order.

March, 10, 2026 SENATE DEBATES 3 ADOPTION OF REPORT ON PETITION ON PROPOSED AMENDMENTS TO THE COUNTY GOVERNMENTS ACT (CAP. 265) PROVISION OF COUNTY GOVERNMENTS IFMIS REPORTS TO THE SENATE

Statement pursuant to Standing Order No.53 (1) . The Hon. Senator for Nakuru County, Sen. Tabitha Keroche. That will be deferred pursuant to the hon. Senator's own request.

Mr. Speaker, Sir, please do not allow your office to be policed by people who are not members of the Speaker's office.

Sen. (Dr.) Lelegwe, you are out of order. You cannot walk across from the aisle. Go to the Bar, bow, then you can cross to the other side.

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The office of Deputy Governor is established under Article 179 (5) of the Constitution of Kenya, which provides that each county shall have a County Executive Committee comprising the Governor and Deputy Governor, as well as members appointed by the Governor, with the approval of the County Assembly, from among persons who are not members of the Assembly. This constitutional architecture is intended to ensure continuity of executive authority in the county, including enabling the Deputy Governor to assume the roles, functions and powers of the governor as may be required.

Mr. Speaker, Sir, this constitutional office has increasingly been rendered ineffective by some governors. Holders of the office have consistently reported denial of official vehicles, arbitrary closure of their offices, withholding of budgetary allocations to facilitate the office and a blatant disregard of the spirit of the Constitution in the administration of devolved units. The offices of the governor and deputy governor are meant to complement each other, while providing stability and continuity for the county. Instead, many deputy governors now operate merely at the mercy of governors, reduced to peripheral roles, deployed on a whim and shut out from access depending on gubernatorial moods.

Mr. Speaker, Sir, this Senate has previously attempted to remedy this situation through the County Government Laws (Amendment) Bill (Senate Bills No.52 of 2024) whose object is to amend the County Governments Act to provide for specific functions for the office of the deputy governor.

Senator for Kilifi, a seasoned Member of this House, you know you cannot come between the Chair and the Senator speaking.

Proceed, Senator for Nairobi City County.

Mr. Speaker, Sir, as a House, we are yet to prioritise this Bill and accelerate its passage into law, so as to give clarity, protection and proper legitimacy to this office. Without clear statutory backing, we cannot entrench the office and move it from being a face of humiliation, dehumanisation and neglect, an outcome that reflects a glaring failure of our systems. Focused action on this matter would help bring to an end the current administrative ambiguity and strengthen executive coordination within county governments.

Mr. Speaker, Sir, even as we await action on the County Government Laws (Amendment) Bill, it is imperative that the Senate, in exercising its oversight mandate pursuant to Article 96 of the Constitution, launches an inquiry into the welfare and working conditions of deputy governors. This is made even more critical by the possibility that many holders of the office may be suffering in silence, a situation that sustains the negation of devolution and the shrinking of the democratic gains made in the country’s long journey of constitutionalism. The practice of rendering the office of deputy governor non-functional should be treated as deliberate, not accidental. It amounts

March, 10, 2026 SENATE DEBATES 5

Sen. Hamida Kibwana.

Thank you, Mr. Speaker, Sir. I have two Statements. Can I read both of them?

You may proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Roads, Transportation and Housing on a matter of county-wide concern regarding the urgent measures to address recurrent flooding, drainage failures and poor urban planning in Nairobi City County.

Mr. Speaker, Sir, recent flooding incidents have, once again, highlighted the inadequacy of Nairobi’s storm-water systems, the encroachment on riparian reserves and weak development control, which continue to expose residents, businesses and critical infrastructure to avoidable risk during heavy rains.

On Friday, 6th March, 2026, heavy rainfall caused widespread flooding across Nairobi City County leading to road closures, property damage, displacement and distress among residents. Emergency reports confirmed severe impact in areas such as Embakasi, Pipeline, Mukuru, Kibra, Mathare, Huruma, South B and C, Langata, Umoja, Njiru, Utawala, Roysambu, Githurai, Loresho and parts of Westlands. Major roads, including sections of the Central Business District, Uhuru Highway, Mbagathi Way, Mombasa Road, Thika Superhighway, Jogoo Road, Lungalunga Road, Enterprise Road and Langata Road were also rendered impassible.

Mr. Speaker, Sir, as a capital city and the hub of commerce, transport and governance, Nairobi requires resilient infrastructure that safeguards lives, ensures mobility and sustains economic activity during adverse weather events.

In the statement, the committee should address the following-

March, 10, 2026 SENATE DEBATES 6

March, 10, 2026 SENATE DEBATES 7

Sen. Mohamed Chute, you may proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek for a statement from the Standing Committee on Land, Environment and Natural Resources on a matter of county-wide concern regarding the legality of development activities in Moyale, Badarero area, Marsabit County, particularly drilling works associated with boreholes and community land rights in the affected dry-season grazing area.

Moyale is a strategic dry-season fallback grazing area that supports pastoralist livelihood and resilience during prolonged drought. Any unauthorised development around critical water points, therefore, carries significant implication for community stability and sustainable resource use.

Reports of borehole drilling and related works by the neighbouring county, Wajir County, have raised concerns about possible encroachment and forced occupation of traditionally utilised grazing areas, leading to heightened tension in the area.

In the statement, the committee should look address the following-

The Senator for Bungoma County, Hon. Wakoli.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Labour and Social Welfare on a matter of county-wide concern regarding the current status of the medical insurance scheme for Bungoma County Government executive workers.

In the statement, the committee should address the following-

March, 10, 2026 SENATE DEBATES 8

Sen. Maanzo.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of national concern regarding the status of issuance of national identity cards in the country.

Mr. Speaker, Sir, there has been growing public concern in several counties over the delayed issuance of national identity cards to persons who have attained the requisite age of 18 years. The affected persons are greatly impacted as they are unable to access certain essential government services, employment opportunities and financial services, or to exercise their political rights.

In the statement, the committee should address the following-

Sen. Mwaruma, please proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) , to seek a statement from the Standing Committee on Labour and Social Welfare on a matter of county-wide concern, regarding non-payment of Taita Taveta County ward bursary committee members' allowances.

March, 10, 2026 SENATE DEBATES 9

Sen. Madzayo, please proceed.

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Hon. Senators, I will allow comments for not more than 15 minutes. So, if you get an opportunity to speak, kindly do so, for not more than three minutes.

Sen. Wahome Wamatinga, please proceed.

Thank you, Mr. Speaker, Sir. I would like to add my voice to the statement raised by the Senator for Nairobi City County. Indeed, it is high time that we get to define the laws of constitutional offices, so that we reduce the in-fighting.

Mr. Speaker, Sir, in many county governments, deputy governors rarely have anything to do. They are just at the mercy of the governors, yet they are learned people who can be very resourceful. We need to define what their roles are as principal assistants to the governors, so that we do not keep on wasting a lot of resources.

Mr. Speaker, Sir, I also want to add my voice to the other statements. It is important that when we sit down here, we define some of the roles of the people, so that when they get into the office, we know how we can allocate their duties, resources and most importantly, ensure that the work that they have been allocated to do is being done without being at the mercy of the governors.

Thank you, Mr. Speaker, Sir. I support.

Senator Maanzo.

Thank you, Mr. Speaker, Sir. I rise to comment on Sen. Chute's Statement. The Senate Standing Committee on National Cohesion, Equal Opportunity and Regional Integration, where I am a Member and chaired by Sen. Chute, recently visited northern Kenya, particularly Marsabit County, to sort out quite a number of issues affecting people in northern Kenya. We also went to Turkana County.

Mr. Speaker, Sir, the Community Land Act by now should have been implemented, because it was meant to prevent disputes and ownership of land, communally owned, as it is in North Eastern and northern Kenya.

I like what Sen. (Dr.) Oburu said today in a talk show that I followed keenly. He said that northern Kenya and many other dry parts are very useful to this country. If we did dams like Thwake Dam in Ukambani, we can do irrigation.

Order, Senate Majority Leader. You cannot converge right at the table.

Mr. Speaker, Sir, if we invested in water sources and rearing of animals, this country would perform much better in terms of huge markets and meat requirements in the Middle East.

March, 10, 2026 SENATE DEBATES 11

Proceed, Sen. Alexander Mundigi.

Asante, Bw. Spika, kwa kunipa nafasi hii ili nichangia statement ya Sen. Hamida kuhusu mambo ya Nairobi. Sisi sote hapa tunakaa katika jiji hili ambalo linafaa liangaliwe. Ni jambo la kuhuzunisha sana kwa sababu wiki jana wakati mvua iliponyesha, watu wengi walisombwa na maji. Pia magari yalisombwa na biashara nyingi zikaharibiwa.

Naomba kamati ya Barabara, Uchukuzi na Makao iangazie suala hili kwa makini kwa sababu kila mara tunawapa magavana pesa nyingi. Kwa kuwa Nairobi ni jiji kuu, inafaa Gavana wa Nairobi afanye kazi jinsi inavyofaa ili mambo kama hayo yasifanyike tena.

Nakumbuka mwaka mmoja uliopita, gavana mwenyewe alimwaga takataka nje ya Kampuni ya Kenya Power. Inafaa kuchunguzwa jinsi gavana huyo anafanya kazi. Sisi kama Maseneta pia tunafaa kufanya kazi yetu ya oversight vizuri.

Tumeona Maseneta wengine wakisimama mbele ya magavana na kusema kuwa kazi haifanyiki. Naomba jambo hilo liangaliwe ili hata Seneta wa Nairobi ambaye anaenda kila kona ya nchini akisema “wantam” afanye kazi yake ya oversight ili ahakikishe kuwa kazi inafanywa hapa Nairobi kwa njia inayofaa.

Bw. Spika, naunga statement hiyo mkono. Wanafaa kuangalia kazi inafanywa namna gani. Tukiendelea hivyo, magonjwa kama vile kipindupindu na malaria yataenea katika jiji letu.

Next is the Senator for Nairobi City County, Hon. Sifuna.

Hon. Speaker, as part of the leadership in Nairobi, I was deeply embarrassed by what we saw in the city on Friday. Somehow when I take the microphone, the volume just plummets. I do not know what is going on.

The point I was making is that we were deeply embarrassed---

What are you trying to suggest, Senator for Nairobi?

Mr. Speaker, Sir, I am trying to suggest that there is internal sabotage whenever some of us take to the Floor because we also have things to say. We might not shout in your ear like the previous speaker, but we want to be heard.

March, 10, 2026 SENATE DEBATES 12

Proceed, Sen. Cherarkey, Senator for Nandi County.

March, 10, 2026 SENATE DEBATES 13

Mr. Speaker, Sir, I would like to join my colleagues in passing our deepest condolences because we are told 42 Kenyans died because of Friday’s ragging floods. Seventy-one vehicles were also swept away. Yesterday in the news, they said that most schools could not continue.

The issues of stormwater, drainage and flooding are not new. In 2023, there was a similar incident. I was embarrassed by the comments by the Governor of Nairobi City who used to tell us that “ina-work” but it appears it does not work because they d not even have a stormwater drainage policy as per my last checking.

I want to advise him to read a book called Eating Chiefs by Taban lo Liyong because it appears eating is too much as opposed to working in Nairobi City County. I thank the national government because they have given necessary support in some functions. I know the Kshs80 billion might alleviate the suffering.

Mr. Speaker, Sir, I want to propose the following: since emergency and other issues are concurrent, we should compensate families that lost their loved ones because it is criminal negligence. We should compensate them for the lives lost and property that was destroyed. Kenya Power should also compensate Kenyans. We appeal for that as we go into the future.

Since our colleague is here, another point I want to make is lack of oversight. I encourage my brother Omwami Sifuna. Instead of saying linda mwananchi, he should linda Nairobi first because the problem is lack of oversight.

Mr. Speaker, Sir, I know Sen. Sifuna has zealously oversighted the 10-point agenda of the National Dialogue Committee (NADCO) ; he should do the same for Nairobi City County. If he can oversight Sakaja the way he is oversighting NADCO and the Broad-Based Government, we would not be having problems. Omwami Sifuna, can you use the same passion to Linda Nairobi and not Linda Mwananchi? I saw you in Makueni County, why do you not start with Nairobi my brother? That is where your vote is for the day you will want to vie for presidency.

Finally, I support the issue of national identification (ID) card. Let us remain focused and steadfast. We want many Kenyans to get the national ID. I confirm to Sen. Maanzo that issuance of IDs is free of charge, courtesy of William Ruto’s government. Make sure you take it, so that we vote out---

Sen. Olekina, proceed.

Thank you, Mr. Speaker, Sir. I rise to make some brief comments on this very important statement on floods in Nairobi. Floods did not come yesterday; this is a problem that has been transferred from one administration to another. It would be illogical to blame the current administration of Sakaja for the flooding challenges.

Order, Senators.

My point is very clear. Scientifically Soils of Nairobi County are saturated. There is rapid creeping urbanisation in Nairobi City County. Everybody is moving to Nairobi; what do you expect? The most logical thing to do is to try and look at the appropriate way of solving this problem for future generations. This is a systemic

March, 10, 2026 SENATE DEBATES 14

Sen: Tabitha Maurine, proceed.

Thank you, Mr. Speaker, Sir. Allow me to start by supporting the statement from the Senator for Nairobi City County, Sen. Sifuna with regard to the issue of the deputy governors across the 47 counties. It is very sad. Recently, we saw the Hon. Deputy Governor of Homa Bay County, Hon. Magwanga---

March, 10, 2026 SENATE DEBATES 15

Sen. Beatrice Akinyi, proceed.

Mr. Speaker, Sir, I sit here wondering why we are talking about floods in Nairobi and burying our heads in the sand. What did we expect with the poor planning and failure to upgrade facilities with the growing population? The issue of flooding is not limited to Nairobi; nature respects nobody. With urbanisation coming - we are not going to stop it because in 35 years to come, 50 per cent of the Kenyan population and any other place will be moving towards urban centres - it is then only prudent that as governments, we plan for those populations that are going to move to the urban centres.

The planning authority of our county governments must be called to order. The approval process is in question because the buildings that are coming up and blocking the drainage systems are obviously approved by the planning authorities. As populations increase, county governments must also upgrade facilities that we have in the cities that are not only limited to storm water drainage, but to a number of facilities.

Mr. Speaker, Sir, as we call on the issue of planning in Nairobi, we must call on the planning in all the counties, especially the towns and municipalities that we have around. It is for this reason that I support the collaboration between the Nairobi City County and the national government in upgrading the facilities in Nairobi.

I also support the statement by my sister on cancer. Cancer, not limited to the uterine fibroids, must be declared a national disaster in this country. I have been to hospitals in the past weeks and I saw many Kenyans struggling to meet their health obligations, especially connected to cancer. I therefore support that most of the county governments must relook at their environmental measures that they are putting in place because we will not stop flooding, and we are not about to stop---

Sen. Abass.

Thank you, Mr. Speaker, Sir. I also want to join my colleagues to support the statement from Senator for Nairobi City. As rightly said by the Senator, actually the county deputy governors have a problem. Most of them have not been allocated any duties. Some of them do not attend even the county cabinet, and they just stay there, only waiting for instructions.

As a result of that, my committee, the Committee on Devolution and Intergovernmental Relations, has made a County Government (Amendment) Bill (No.2) , 2024 on the same issue. The report has been tabled here. In the Bill, we have proposed that where it has been said that the governor allocates duties to the deputy governors, we

March, 10, 2026 SENATE DEBATES 16

Thank you so much, Mr. Speaker, Sir.

Asante, Mstahiki Spika. Kwanza,

Thank you, Mr. Speaker, Sir. Sen. Hamida, congratulations for the statement on Nairobi City. I am shocked that sitting in this Senate, a Senator can speak in defence of the leadership of the county of Nairobi today. There is no excuse. Thirty-one people have died, property has been destroyed and the reason is there for all to see. It is because of, A, poor planning, Senator Olekina, B, failure to enforce the bylaws for construction, and C, corruption.

Why do you want to blame the Moi corruption on the current problem in Nairobi today? Ninety percent of the buildings that are being constructed on riparian land in Nairobi have come up in the recent years. They were not done by Moi. So, if the Senator

March, 10, 2026 SENATE DEBATES 17

Wives.

Mr. Speaker, Sir, we all know that many children arrive home, sometimes at 9.00 p.m. We should be asking ourselves how many children die on that day across the country.

Mr. Speaker, Sir, even as we talk about Nairobi, I think that the magnitude of this problem has also been witnessed across the country. The first point of disappointment, which basically shows a lot of incompetence, is the fact that the Metereological Department indicated and prepared us that these rains were to come. After this preparation that these rains were to come, if you read Section 112 of the PFM Act, it says that respective counties, their CEC for finance, can actually prepare to use up to two percent at the very least, money that they can use to put on emergency fund, and it can be used even without any bottlenecks, like taking them to the assembly for qualification and prepare for this disaster.

What we have seen in our country today and not only Nairobi, because I have seen it in Migori, right from a place called Sayote in Migori town to a place called Pandi, Migori market is flooded and Kabuto as well. These are places where these governors were born and they knew the rains would come. The only difference is that this time round the Meteorological Department told them in advance that the rains would be five times be more, and in some places 10 times more than what they have seen.

They ought to have prepared. There is no excuse for this. They have the resources and infrastructure that the Senate and the National Assembly had put for disaster readiness because we passed the Act last year. I remember the Majority Leader trying to marshal us here to pass that Bill that resources these counties to prepare.

March, 10, 2026 SENATE DEBATES 18

Asante, Mheshimiwa Spika, kwa kunipa fursa hii kuchangia kauli iliyoletwa na Sen. Hamida. Kwanza nimpongeze kwa kulizungumzia swala hili. Sen. Hamida amekuwa mstari wa mbele kuangazia mambo yanayoathiri uma kote nchini.

Ni masikitiko kwamba tumepoteza takriban watu 32 katika jiji la Nairobi, ambalo lilitarajiwa kutoa huduma sawasawa kabisa kwa sababu tuko katika karne za ishirini na moja.

Ni kweli kwamba taasisi ya hali ya hewa ilikuwa imetoa taarifa nyingi kuhusiana na maswala ya mvua na wanafanya hivyo kila wiki. Hapo zamani utabiri ulikuwa si haki vilivyo lakini siku hizi wana vifaa vinavyowezesha kutabiri na kueleza mpaka kiasi cha mvua itakayopatikana. Ni utepetevu na uzembe kaunti zetu zinapolalia masikio wakati wananchi wanapata shida na kufariki.

Kuna kazi nyingi ambazo zingefanywa mapema. Kwa mfano zile drainage zote zingekuwa zimetolewa uchafu ili maji yateremke bila pingamizi.

Ni hakika kwamba miundo - msingi mingi katika jiji la Nairobi inapaswa ijengwe upya tena. Kwanza idadi ya wakazi wa Nairobi imeongezeka sana kuliko hapo nyuma.

Juzi nilileta taarifa hapa kuhusiana na mijengo katika kaunti kubwa kama vile Nairobi, Mombasa, Uasin Gishu, Kisumu na Nakuru. Majumba mengi yanajengwa bila kuzingatia miundo mbinu katika sehemu zile. Tunapozungumzia suala hili zile kaunti zingine ziangalie suala la kuwa tayari kupambana na hali kama hizi. Katika kaunti kubwa kama vile Mombasa tumewahi kupoteza watu kwa sababu ya mafuriko.

Haya maji ya mafuriko yanaweza kuwekwa katika mabwawa ili wananchi wayatumie kunyunyizia mimea pamoja na maua katika miji mikubwa na vilevile katika mambo mengine. Yanaweza pia kusafishwa na kutumika katika majumba yetu.

Thank you, Mr. Speaker, Sir. I want to comment on the statement by Sen. Hamida on the floods in Nairobi. Friday was a terrible day for Kenya, especially in Nairobi because we lost over 32 people and over 43 in the entire country.

I think the only time that Nairobi was probably well run was between 2013 and 2017, when Hon. Evans Kidero was the governor. In 2017-2022, the national government had to come in when we had the Nairobi Metropolitan Service (NMS) . We have now a collaboration with the national government, because basically the county is not working.

I agree with a conversation that was there some time back that Nairobi should not have been made a county. It should have been headed by a Cabinet Secretary, basically in charge of the metropolitan. This is because Nairobi County has elected incompetent

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March, 10, 2026 SENATE DEBATES 20

Thank you very much, Mr. Speaker, Sir. I also add my voice to the statement sought by Sen. Hamida Kibwana on the issue of floods in Nairobi.

It is true that much of the responsibilities stands with the governor but this responsibility is also within the national Government. The Governor of Nairobi City County needs to understand that he has a responsibility to build stormwater drainages in Nairobi. He also needs to tell Kenyans and this House, about his budget on issues concerning stormwater drainages. Is he even making an effort now that he knows that Nairobi has a problem of floods? Does he even have a small budget? Could he allocate and plan for a budget on these issues of environment now that he understands his county well? This not just about Nairobi City County but all counties. These governors do not even understand what they should do when it comes to budgeting.

In Kajiado, we also have big problems. In a place called Shompole, we have been having perennial problems on floods. Therefore, it is time that governors understood what is supposed to be budgeted and it be done. This is because there is an issue of budgeting and implementation leading to diversion of funds to different projects.

Mr. Speaker, Sir, with regard to the statement on deputy governors, sought by the Senator for Nairobi City County, I believe that this Senate needs to fast track the Bill that is in this House. This kind of a function needs to have gone to the deputy governors. The conflicts of interest between the governor and the deputy governors and issues of resignation of deputy governors from office or being frustrated by governors need to stop because we have a solution. That responsibility goes to the Chairperson of the Committee on Devolution and Intergovernmental Relations. We need to fast track that Bill.

Thank you, Mr. Speaker, Sir. I rise to convey my sincere condolences to the victims of the flooding in Nairobi City County and contribute on the same.

I have watched my colleagues throw blame games and bury their heads in the sand as far as the issue of flooding is concerned. There is an African proverb that says; “he who swallows a coconut must have full trust in his ability to dispense it later.” Nature is very unforgiving.

I disagree with Sen. Khalwale's opinion that we cannot blame former President Moi on the issue of flooding in Nairobi. It must be noted, in the record books, that Nairobi belonged to the Maasai. It was actually a watering ground for the Maasai livestock. Where State House is located today used to be the boma where our livestock were secured.

The fact that Nairobi was a watering ground clearly shows that there is very little that can be done about this flooding. There is need to understand that nature is very cruel

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Hon. Senators, the time allocated for comments on statements is long spent. I will allow Sen. Kisang’ on a very different matter. I have about 30 Senators who wish to say something. In fact, some of them want to speak in “under one minute”.

Proceed, Sen. Kisang.

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No.159 (1) of the Senate Standing Orders, I beg to notify the Senate that the Energy (Amendment) Bill (Senate Bill No.11 of 2025) , which was sponsored by the Standing Committee on Energy, stands withdrawn.

The principal object of this Bill was to amend Section 223 of the Energy Act, so as to exempt county governments from the category of public bodies required to seek consent from the cabinet secretary responsible for energy and petroleum before levying charges on way leaves.

The Committee conducted extensive public participation on the Bill, during which submissions were received from the Cabinet Secretary, Ministry of Energy and Petroleum, the Council of Governors (CoGs) , the Cabinet Secretary for Information, Communication, and Digital Economy, the Chief Executive Officer of Communication Authority of Kenya (CAK) , and various telecommunications companies, among other stakeholders. During these engagements a number of legitimate concerns were raised.

Further, during the consideration of the South Lokichar Basin Field Development Plan and the production sharing contracts, it came to the attention of the Joint Committee on Energy of both Houses, that there was need to amend various provisions of both the Energy Act and the Petroleum Act.

In light of the foregoing, the Committee resolved to stand down the Bill to allow for further consultations and to facilitate the co-sponsoring of a more comprehensive Bill addressing the identified issues.

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Very well. Next Order.

The Mover, kindly proceed to reply.

Mr. Speaker, Sir, this Bill has given me hope in this House. As the Leader of Majority, I get discouraged many times I move a Bill and then I am called back to reply after only two or three speakers. It is extremely discouraging because having been in this House for the past three terms, part of the reason that I keep seeking re-election back is the debates and the opportunity to inform policy through legislation every time I speak to a Bill.

That culture was strongly getting eroded in this House and there were many occasions where a Bill will be moved, the seconder makes their remarks, maybe one or two people maximum three speak to it, and I am called to reply to the same. It always breaks my heart because there are millions of Kenyans who have an idea of how we can improve the welfare of our society through various legislations.

Unfortunately, they do not have the platform that we have. It is only we, as legislators, that God has granted the opportunity to be in this House at this very time so that we may influence policy and make decisions both for now and for posterity. Therefore, when you get an opportunity as a legislator, you should speak, share your thoughts, add to the debate and move an amendment which will eventually be signed into law. You will sit when you are 60, 70, 80, like our colleague the youth leader, and look back with nostalgia and say you know how a particular law came to be. This is what my colleagues thought but I thought about it this way. I convinced them through a sound argument on the Floor of the House and eventually they agreed with me, and that particular law is what it is today.

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Do you want to be informed by Senior Counsel?

I do not mind because he is my neighbour. He went to high school in my neighbourhood, and I know they trained him well. He has good information.

Mr. Deputy Speaker, Sir, I am following the submissions by the Senate Majority Leader keenly. I am also disappointed that I witnessed the signing of some two Bills yesterday. One of them is the National Infrastructure Fund Bill, 2026. I thought that that Bill concerns counties and we would have loved to have an opportunity, as the “Upper” House to debate and give some input on it. I do not know why the Senate Majority Leader did not put some effort to ensure that the Bill comes here, including the retirement benefits law on judges.

We want to debate and we like debating. However, please, do not allow this House to be reduced to a group of people who are just there to watch Bills being passed. I wanted to inform him that I am a bit disappointed. I missed an opportunity to debate those two legislations. I think that was not fair to this House.

Mr. Deputy Speaker, Sir, while that information is useful---

I am not sure whether that is information that---

It is useful information, but to the wrong audience because Article 110 (3) does not give me those powers. The person who needs to inform us is you and the office of the Speaker, because according to Article 110 (3) , he is a Senior Counsel. He knows this and he gives the power to determine whether a Bill is to be considered by both Houses.

As Senate Majority Leader, unfortunately, I wish I had the power to exercise. I would have done exactly what you have said, but unfortunately, Sen. Omogeni, I deal with it secondarily after the Speakers have made their determination. However, it is useful information. Privately, I can say other things beyond this Floor on that particular topic.

I was speaking to the Culture Bill (National Assembly Bills No.12 of 2024. I have said it in all the Bills that have been moved in this House, I do not recall a Bill that has been spoken to by more than 20 Senators. They are not many, but this is one of them. I want to encourage colleagues that this is the point that I was trying to pass. That we have a God-given opportunity to share our thoughts and shape policy in the country by first debating so that you persuade each other on what is good about a Bill, what needs to be changed and how you engage with citizens.

When years have gone by when you will be seated under a tree in your village in 20 or 30 years from now, you will see that this Bill has my handwritings. I introduced a particular topic and my colleagues agreed or disagreed with me for this or the other reason. Therefore, I appreciate all of you, colleagues that spoke to this Bill, that we now have the opportunity to move it to the additional steps.

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Very well. Your request is granted. So, that will be, we defer the putting of the question.

Next Order.

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I do not know whether there was a Senator who was on the Floor. If none, then the Floor is open. We are now on Order No.9. Sen. Sifuna Edwin, please proceed.

Mr. Deputy Speaker, Sir, you were not in the seat earlier. There were interesting inputs from some of my colleagues about the work of this House. They cast aspersions at some of us and said that we had not done our oversight work well. I expected them to be in the House right now because most of them come from agricultural areas.

I remember correctly that the current administration promised MGR to our farmers. Those of us from the Azimio side also promised to put in place a mechanism to guarantee certain returns to Kenyan farmers. With that, the farmers were to recover what they put in in terms of costs in their farms.

Mr. Deputy Speaker, Sir, some Senators pointed fingers and said that Nairobi City County had not been properly oversighted yet they are the same people who have been restrained by the Chairperson of the Committee on County Public Accounts, where I am a Member, from praising their Governors when they appear before that committee. It is quite an interesting phenomenon that a Senator would praise a governor appearing before a Committee. Sen. (Dr.) Khalwale has alluded to some of the input we have had in terms of oversight in the country.

I cannot see the Senator for Kirinyaga County. He is my advisor on agricultural matters because he is an expert on some of these issues. I do not understand why the Bill has been framed to only demand minimum guarantee returns from county governments. As I said in the beginning, this was a Kenya Kwanza administration promise. They promised to put in place the MGR for all our farmers across the country for them to earn a living from the practice of agriculture.

We must do something to guarantee returns for farmers. I watched a show on Citizen TV this week and I saw mangoes rotting somewhere in central Kenya. The farmers produce but they are not guaranteed markets for their produce. We were in Makueni, as well, a county famed for growing mangoes. The farmers put in the work but we do not guarantee them a market.

This Bill is actually putting the load on the county governments. They are to somehow find money to pay the farmers for their produce, whether they have an outlet for that produce or not. The county government cannot pay money to farmers then ask

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Thank you, Mr. Deputy Speaker, Sir. This Bill is like an insurance of the farmers all over the country. However, that insurance is to be handled by the county government in the event of floods, like the ones we witnessed recently. If the crops are swept away, the farmer must be guaranteed some minimum amount, which is an estimation of what they would have made. If we are to have drought or any other calamities, the farmers should also be guaranteed something.

The biggest calamity seems to be ourselves: The governance of the country. The amount of money that will be used to guarantee the farmers can as well be used to guarantee irrigation and make sure that we do not rely on rain-fed agriculture. This Bill assumes there is no irrigation. If you look at what has happened in the country, you will note that we have a lot of water at this point in time but very soon, we will have drought.

I wish building of Thwake dam was completed. That dam would be full right now considering all the water we have seen in Nairobi. That dam would guarantee control of floods downstream all the way to Kilifi. It would also guarantee storage of enough water which can be used for irrigation in Kitui, Makueni, Machakos, Kajiado and the coastal counties.

With steady flow, we can practice drip irrigation. Israel is guaranteed of mangoes, avocadoes and any other crop at any time. They get all the seasons right because they have constant flow of water. They do not have a lot of water but they utilise the water from Lake Galilee very well. They pump that water into hills and release it drop by drop. If an arid country like that can succeed, what about us who have very many rivers in northern Kenya?

This morning, I heard the Senator for Siaya County, Sen. (Dr.) Oburu Odinga, talk about northern Kenya. At the moment, we have a lot of water in that region, but their animals will start dying very soon. No farmer in this country would be affected by drought if we constructed dams next to every river. Those dams would then provide water for irrigation and the country would produce enough food for its people to eat. It would also have enough food to export.

This would not just provide a solution to crops, but the animals as well. We have a lot of land that we can use to keep livestock. We can actually do very well because our

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Sen. Mungatana Danson.

Mr. Deputy Speaker, Sir, I rise to support this Bill, the Agriculture Produce

Bill

(Senate. This Bill was moved by the hon. Sen. Veronica Maina. This is a very innovative way of trying to make business out of agriculture, of attracting our young people back to the land and helping them to start life in the rural area.

Many young people depart from the county of Tana River and other counties and come to Nairobi to try their luck. As they say, see how things have turned up? There is plenty of land that if these young people were given an opportunity to farm and a guaranteed return on the work they will have put, that would have cut the massive movement of young people from the counties into Nairobi and other big counties like Mombasa, Kisumu and Nakuru.

I believe that this Bill is one of those ingenious moves that should be supported by all people who have read and understood what it seeks to do. The Bill tries to work out the value of the market price for the product that is being cultivated. It tries to give the comprehensive cost of putting up the entire production cycle. A reasonable farmer who has gone to work on this piece of land should expect this amount of profit at the end of the season.

Mr. Deputy Speaker, Sir, if you studied accountancy or law and you did not get a job and there is land where you are being given a guaranteed minimum return, then that would be the place to start your life. It would not inventing the wheel because there are many countries that protect their farmers. They give them guarantees in terms of returns.

It is proposed, in this Bill, that the farmer who goes and who is registered because they must be registered at the county, they must meet a certain criteria that is given within this Bill. Once they have met the criteria, they are then required to give comprehensive costs for the production of the crop that they are engaged in. Then, they are guaranteed a 20 percent return on the comprehensive costs. If the market should plummet and the market price goes below the expectation, they are still guaranteed 20 percent in terms of profit from the comprehensive cost of putting this crop on the land.

What does that do? It makes many of the young people who would run away from the counties to stay there. It makes agriculture a profitable venture. It also makes food security a reality because people are producing food and whatever happens, the county government, after it goes through all the processes, should get back the cost of putting up the crop for harvesting and a 20 percent profit.

Mr. Deputy Speaker, Sir, this is a beautiful Bill that needs to be supported in this House. It is the kind of Bill that democratises wealth within the Republic of Kenya. There is a lot of wastage in the counties. If this Bill became law, then maybe some of the money that is going to waste and to corruption would be allocated specifically to cater for young farmers so that they are able to receive something from the wealth of the monies that we send to the county.

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Sen. Eddy, I can see you are seeking my sympathy. However, I wanted the Senate Majority Leader to go first then I come back to you. If he is not ready, then you can utilise your minutes.

Mr. Deputy Speaker, Sir, I thank you for this opportunity. I wish to make my contribution to the Agriculture Produce

Bill

(Senate Bills No.17 of 2025)

. This should not be confused with the promise of guaranteed minimum returns by the Kenya Kwanza administration. I agree, but it is not in the form or text of this Bill. This is a Private

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Sen. Moses Kajwang’ is seeking to inform you, if you allow that.

I do not mind.

Mr. Deputy Speaker, Sir, I would like to inform my Leader that, Sen. Kimani Wamatangi became a Senate Majority Whip and was the chairperson of the Senate Standing Committee on Roads and Transportation, a member of the Senate County Public Accounts Committee (CPAC) and the Vice-Chairperson of the Senate County Public Accounts Committee (CPAC) . Sen. Kang’ata was also the Senate Majority Whip for a few months before he wrote a letter and was de-whiped. So, I just would like to inform the Senate Majority Leader that there is a precedent. Sen. Eddie Oketch, the leader of the Broad-Based Youth Movement, is a Chairperson of the Standing Committee on Roads and Transportation, the Vice-Chairperson of the Senate Committee on County Public Investments and Special Funds (CPIC) , and is a man who understands power. So please, do not interfere with Sen. Wakoli. I beseech the Senate Majority Leader not to de- whip Sen. Wakoli.

Mr. Deputy Speaker, Sir, he has chosen from the worst of examples, the least that I would wish any Member who wants to serve with distinction.

It is the culture and practice, at least the one that I found in this House, when we came together with Sen. Moses Kajwang’ in the first Senate, that when you serve in the leadership--- In fact, Sen. Moses Kajwang’, I must say that this is the first time that I am seeing leaders of the House serving in certain committees. It used to be a preserve of the other ordinary colleagues to serve in certain committees that are considered either prestigious or luminous, for reasons that I cannot discuss on the Floor.

I am saying that bearing in mind that Sen. Eddie Oketch, who has been mentioned as a man who despite his love for power, needs to cede certain positions to other Members, is here, love for service, if I may put it. Power is not a bad thing, Sen. Eddie. It is what you do with it that can be bad. It is good to have power, but what you do with it is what matters. Sen. Okong’o Omogeni is in the House today. I earlier on saw Sen. Wamatinga. Our Commissioners are in the House, thanks to the crisis in the Middle East. Travel has been interfered with.

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There is a point of order from Senior Counsel Omogeni, Commissioner.

Mr. Deputy Speaker, Sir, the Senate Majority Leader used to be a commissioner. I have gone through the records and seen the bad habits of the commissioners of yesteryears. They are the ones who used to be up every now and then. I remember we christened them “sky team”. However, the commissioners of this term are more reasonable. In fact, I have not travelled this entire session. We are here to serve Members and you can see what we have done. I would like to inform the Senate Majority Leader that we do not have those bad habits of commissioners of yesteryears.

Thank you.

Can you confirm that the former commissioners used to fly the Middle East zone?

No, Mr. Deputy Speaker, Sir. It is Sen. Cherarkey who told me that one time they were alighting from a flight with Sen. Omogeni and instead of coming home at the lounge, he saw another plane and he asked him: “Where is this one going?” He told him to include him in that delegation.

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Next is Sen. Oketch Eddy.

Mr. Deputy Speaker, Sir, I know my name has been mentioned by Sen. M. Kajwang’, having been in a number of committees. I am the Chair of the Committee on Roads, Transportation and Housing. I am also the Vice Chair of the County Public Investments and Special Funds Committee. It is also important for Sen. M. Kajwang’ to understand that I am also a Member of the Committee on Finance and Budget.

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Sen. Cherarkey, I am not the Speaker. You have to seek the attention of the Speaker.

Mr. Deputy Speaker, Sir, that is why I am saying that it is extremely important that we pass this Bill to make sure---

Sen. Eddy Oketch, do you want to be informed by Sen. Cherarkey?

Is Sen. Cherarkey a lawyer or a farmer? He should first inform me whether he is a lawyer or a farmer then he can proceed. I am giving him that opportunity with the rider that he is a farmer, not just a lawyer masquerading in Nairobi.

Mr. Deputy Speaker, Sir, naturally, I am a lawyer by profession; an advocate of the High Court of Kenya, a member of the Supreme Court and also a farmer, because I grew up farming.

What do you farm?

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I farm maize, dairy and even grocery. I agree with his line of thought that the biggest challenge to the issue of market pricing, especially in crop produce and products such as dairy, is a moribund organisation called the Competition Authority of Kenya (CAK) . It does not make sense that the pricing of milk in Nandi County for example, is lower than it is in Nairobi. So, I would like to inform him that we need to, in fact, ask the CAK to tell us what they are doing with this unfair trade practises that do not value farmers.

I agree with the distinguished Senator for Migori County, the Chairperson of Roads, Transport and Housing, the Vice-Chairperson of County Public Investment Committee (CPIC) and the incoming Senate Deputy Minority Whip.

I beg to inform my colleague.

Mr. Deputy Speaker, Sir, I want to mention something about the CAK if time allows. I can see I still have about 10 minutes. I will try to be brief so that I also give other people a chance to contribute.

I have exhausted the idea of market risks that farmers end up having to the extent that those adverse market conditions do not protect them to get proper income. This Bill is framed in a way that it looks at us from a cultural side where we see agriculture as a poverty industry so that all the crops tend to be for the poor even in areas where this has worked.

Mango and dairy farming are what has been tested mostly in our country. This happened because we have not done a comprehensive legal assessment to look at how this problem, in the market area, affects all other crops in the country. If you were to do that and did not want to interfere with the market so that the rule of demand and supply can stabilise prices for farmers in the market, the biggest thing you would need to do is an assessment of what is actually currently happening for all the crops that we are seeing in the industry.

My layman understanding - I come from a serious agricultural community - is that this problem starts with lack of this kind of legislation. There are players who have come in the marketplace to guarantee farmers some of these farm inputs that then end up skyrocketing their production costs. For instance, there is One Acre Fund. You will find all small-scale farmers with, at least an acre, where they grow anything be it a cash or just a food crop, going to One Acre Fund for the farm inputs.

Basically, what they have done is to create a fund where they give you farm inputs and then take them as loans that they recover at the end of the farmers’ harvest when they take their produce to the market. That means that the number of organisations that have come into the marketplace, including the Apollo Agriculture, would take the share price of what has been taken to the market in a bid to recover the amount they had given the farmer during the input process.

Mr. Deputy Speaker, Sir, that is what is real, leave alone the others that look like they are hypothetical. What our farmers are confronted with today is that, in the absence of this kind of Bill, they interact with those kinds of organisations. That is where they get their recourse in terms of dealing with their lack of subsidies and getting better inputs as those organisations then take control of the market side of things.

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Thank you. Very well. Next is Sen. Omogeni Erick Okong’o, Commissioner.

Thank you, Mr. Deputy Speaker, Sir. I was waiting for Sen. Oketch to tell us whether he is a fish farmer or a sugarcane farmer, so that we benefit from his experience as a farmer. I heard that he is the Chairperson of the Committee on Roads and Transportation and the Vice Chairperson of the County Public Investments Committee (CPIC) . I am appealing to him to have sympathy to his neighbours from Gusii and to donate one of the slots to his brother, Sen. Onyonka. You cannot have all these positions, while your brother has nothing. So, I appeal to Sen. Oketch to consider giving his brother from Gusii, Sen. Onyonka, the lesser position of vice chair.

Does he have those powers to do that? Sen. Omogeni: I am sure if he sends signals that he is willing to do that--- The Deputy Speaker (Sen. Kathuri) : Yes, Sen. Eddy Oketch.

Mr. Deputy Speaker, Sir, you know that there are things that can be said in a very slight way, but they can easily throw aspersions. The fact is, number one, it will be important for my neighbours in Kisii to understand that Sen. Onyonka is not in those two committees. He is not a member of the Committee on Roads and Transport and the County Public Investments and Special Fund Committee

I am sure if he sends signals that he is willing to do that--- The Deputy Speaker (

Yes, thank you. I am ever grateful to Sen. Oketch. He put in some support to ensure that I get this position of Commissioner, including my neighbour, my good friend, Sen. Cheruiyot.

If there is a Bill that is so important to the farmers of Kenya, it is this particular Bill. When we were having Building Bridges Initiative (BBI) , if you remember, Mr. Deputy Speaker, because you were in the other House, we had put in a paragraph in that BBI (amendment) Bill, which said that the government will pass a legislation that will guarantee farmers some minimum returns.

Mr. Deputy Speaker, Sir, this is a debate that has been with us for many years. We need to do something to show that we care about our farmers and that we indeed want to put money to the pockets of our farmers. I hope we will have an opportunity to sit down with the Sponsor of this Bill, my good friend, Sen. Veronica Maina, so that we make it a Bill that indeed and truly guarantees our farmers some minimum returns.

This is because you will not put a smile to the faces of our farmers unless you are telling them that this will be the price you will get for one kilo of miraa. I hope can also refer to miraa farmers as those who need to get government support. I have had an opportunity to just go through the Bill and I have a number of concerns. The first concern is that we will be getting it wrong if we pass this obligation to our county governments. My understanding of our Kenyan Constitution is that the First Schedule, paragraph 29, leaves policy on agricultural issues with the national Government. The person who should take the burden of cushioning our farmers is the national Government, not counties. If farmers, for example, tea farmers in Bomet are getting low bonus returns, like we got in the last financial year, Nyamira and Kericho, we cannot throw that burden back to the County Governments of Bomet, Kericho, Nyamira, and Kisii. It cannot work.

The person who should cushion farmers - and there are many best international practises where we can borrow from--- You go to the United States of America, and I was privileged in the last Parliament to have travelled as a guest of the United States of America, a committee that was chaired by Sen. Mbito, the Senator for Trans Nzoia then. We learned that in the U.S., so serious is this issue of guaranteed minimum return that they will tell farmers that we have set a minimum corn price, for example, at US$3.75. Each farmer is assured that at the end of that season, when you sell your corn, you will be guaranteed US$3.75. If the market drops and you get a return of US$3, the government chips in and pays for you, not states, but the federal government. They have not thrown that burden to the 50 states in the United States of America.

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Yes, thank you. I am ever grateful to Sen. Oketch. He put in some support to ensure that I get this position of Commissioner, including my neighbour, my good friend, Sen. Cheruiyot.

If there is a Bill that is so important to the farmers of Kenya, it is this particular Bill. When we were having Building Bridges Initiative (BBI) , if you remember, Mr. Deputy Speaker, because you were in the other House, we had put in a paragraph in that BBI (amendment) Bill, which said that the government will pass a legislation that will guarantee farmers some minimum returns.

Mr. Deputy Speaker, Sir, this is a debate that has been with us for many years. We need to do something to show that we care about our farmers and that we indeed want to put money to the pockets of our farmers. I hope we will have an opportunity to sit down with the Sponsor of this Bill, my good friend, Sen. Veronica Maina, so that we make it a Bill that indeed and truly guarantees our farmers some minimum returns.

This is because you will not put a smile to the faces of our farmers unless you are telling them that this will be the price you will get for one kilo of miraa. I hope can also refer to miraa farmers as those who need to get government support. I have had an opportunity to just go through the Bill and I have a number of concerns. The first concern is that we will be getting it wrong if we pass this obligation to our county governments. My understanding of our Kenyan Constitution is that the First Schedule, paragraph 29, leaves policy on agricultural issues with the national Government. The person who should take the burden of cushioning our farmers is the national Government, not counties. If farmers, for example, tea farmers in Bomet are getting low bonus returns, like we got in the last financial year, Nyamira and Kericho, we cannot throw that burden back to the County Governments of Bomet, Kericho, Nyamira, and Kisii. It cannot work.

The person who should cushion farmers - and there are many best international practises where we can borrow from--- You go to the United States of America, and I was privileged in the last Parliament to have travelled as a guest of the United States of America, a committee that was chaired by Sen. Mbito, the Senator for Trans Nzoia then. We learned that in the U.S., so serious is this issue of guaranteed minimum return that they will tell farmers that we have set a minimum corn price, for example, at US$3.75. Each farmer is assured that at the end of that season, when you sell your corn, you will be guaranteed US$3.75. If the market drops and you get a return of US$3, the government chips in and pays for you, not states, but the federal government. They have not thrown that burden to the 50 states in the United States of America.

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Mr. Temporary Speaker, Sir, I beg to move that The Public Audit (Amendment) Bill (National Assembly Bill No.4 of 2024) be now read a Second Time.

This is a very interesting Bill and I wish to later on sit and listen to the contribution of our Chairperson of the Committee on Public Accounts because I think more than all of us interact with the audit reports and the works of the Auditor General more than every other person in the House. This comes at an interesting time.

Sen. Kajwang’, I do not know if you are concerned like I am about how nowadays media chooses to report about audit process. If you do not sit in Sen. Kajwang's Committee and you read the first letters from the audit report that goes to any public entity, you can quickly hang anybody if you are malicious and mischievous about it.

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

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The Senate Majority Leader, I know his use of Kiswahili might make it difficult for you to understand his concerns. Your line of argument is that the headlines scream of losses of resources vis-a-viz the Auditor General's report. For his clarity, you are not saying there are no aspects of such loss of funds in public offices on the basis of the Auditor General's report. You might need to clarify that for the comfort of Sen. Kinyua and those who are listening to you as you move that particular Bill.

Mr. Temporary Speaker, Sir, I have struggled to understand and follow Sen. Kinyua in his line of questioning, but I will clarify to him, because, as a colleague, I believe that he is asking this out of good public interest and seeks to understand my trail of argument.

Sen. Kinyua, this is a public audit Bill. I am trying to explain the justification and the intent of this particular Bill. While making the earlier submissions, I moved that there are many institutions today which are being reported in the media as having lost public funds on account of the first letter that the Auditor General writes to institutions asking them to provide clarification on certain issues.

It is my argument and that of anybody who understands an audit process that one cannot come to the public with information and say that an institution has lost public

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Sen. Olekina, you will have an additional 14 minutes when the House resumes to conclude on your contribution to the Bill.

Mr. Temporary Speaker, Sir, I am a trained auditor. For the first time, I beg to differ with the Senate Majority Leader. I see this Bill as a threat to the independence of the Auditor General and passing the powers of the Auditor General to the advisory board. I see these amendments as being designed to cherry-pick on what can and what cannot be audited. I stand corrected.

I have read through this Bill and I am of the opinion that we need to rethink it because, the current Public Audit Act (PAA) has given the Auditor General independence. I have been a member of the Public Accounts Committee (PAC) as well as the County Public Investments Committee (CPIC) ; I know the role of the Auditor General. In fact, Sen. Kajwang’ will tell you that I drafted the Fiducial Risk Report mostly informed by understanding of the PAA. That was on Clause 31 that my brother Sen. Mungatana was alluding to.

Mr. Temporary Speaker, Sir, I am concerned about the reduction of time in this Bill. It reduces the time that the Auditor General requires bodies such as State corporations, county governments and the national Government to submit their financial statements. It reduces the time from three months to two months; hurrying the time the Auditor General is required to submit his/her report to Parliament for consideration.

I am concerned about the direction that we are taking by amending this Bill. Independence of the Auditor General should not be questioned. I am happy to some extent that this amendment seeks to introduce the Public Audit Fund to fund the Auditor General. The only progressive thing there is that, it will now be clear of how much money has been allocated to the Auditor General to do their work.

One of the dangers is the fact that now, instead of what is required by the Constitution which is about 0.2 per cent of the budget, it will now be the decision of the Finance and Budget Committee of the National Assembly. That worries me. I will be very categorical and say that I am concerned about the direction we are taking in terms of bringing these amendments of the PAA.

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Sen. Olekina, you will have an additional 14 minutes when the House resumes to conclude on your contribution to the Bill.