Senate Hansard: Tuesday, 10th November, 2026 - Afternoon Sitting


THE PARLIAMENT OF KENYA

THE SENATE

THE HANSARD

THIRTEENTH PARLIAMENT

Fifth Session

Tuesday, 10th November, 2026 at 2.30 p.m.

PARLIAMENT OF KENYA

Tuesday, 10th November, 2026

The House met at the Senate Chamber, Parliament Buildings at 2.32 p.m.

[The Speaker (Hon. Kingi) in the Chair]

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

The Speaker (Hon. Kingi):

Clerk, do we have quorum? (The Clerk-at-the-Table consulted with the Speaker) Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung)

The Speaker (Hon Kingi):

Order, hon. Senators. We do have quorum now. Kindly take your seats so that we proceed with the business of the day. (Sen. (Dr.) Murango consulted with the Clerks-at-the-Table) Sen. (Dr.) Murango, kindly take your seat.

COMMUNICATIONS FROM THE CHAIR

VISITING DELEGATION FROM MERU COUNTY ASSEMBLY

The Speaker (Hon. Kingi):

Hon. Senators, allow me to pass this Communication before I call Order No.7.

I would like to acknowledge the presence of three officers from the County Assembly of Meru, who are seated in the Speaker's Gallery. The delegation is undertaking a study visit on the operations and workings of the Senate. I request each

member of the delegation to stand when called out, so that they may be acknowledged in the Senate tradition.

  1. 1. Mr. Linus Mugambi - Clerk Assistant, Procedural Services.
  2. 2. Ms. Joy Nektori Ruciaka - Clerk Assistant, Committee Services.
  3. 3. Ms. Frida Kajuju Muriu - Records Officer.

On behalf of the Senate and on my own behalf, I extend a warm welcome to the delegation and wish you a fruitful visit.

VISITING DELEGATION FROM RAMSIS TECHNICAL TRAINING COLLEGE IN NAIROBI CITY COUNTY

I wish to acknowledge the presence of a visiting delegation of three teachers and 14 students from Ramsis Technical Training College in Nairobi City County who are seated in the public gallery. The delegation is visiting the Senate for an academic exposition.

On behalf of the Senate and on my own behalf, I extend a warm welcome to them and wish them a fruitful visit.

I will call upon the Deputy Majority Leader to extend a warm welcome to the delegations under one minute.

Sen. Veronica Maina:

Thank you, Hon. Speaker Sir, for this opportunity. Let me first welcome the delegates who are visiting the House from the County Assembly of Meru. Thank you very much for coming over to the Senate.

We hope that your visit will be useful and that you will learn how the Senate is oversighting the counties, especially Meru County, which the Senate has been very keen on. You know the journey we have walked with Meru County. We take this opportunity to warmly welcome you and pray that when you go back to Meru County, you will tell the people of Meru that the Senate is properly oversighting your county and ensuring you have resources that are useful for the citizens that live in Meru County.

Let me also take this opportunity to warmly welcome the delegation of teachers and students from Ramsis Technical Training College in Nairobi County. It is always a pleasure in this Senate to have students and teachers visiting. It is the highest House of legislation in the Republic of Kenya where education matters are taken care of and legislation that impact on teachers and students is done by honourable Senators who are here. We hope that you will gain a lot of insights on what we are doing to support education within the Republic of Kenya.

I urge you to work very hard and make us proud. I hope that in the days to come, you will be seated where I am addressing other students and mentoring them. Thank you. Karibuni sana.

To honourable Senators, thank you for giving me the opportunity to serve as the Deputy Majority Leader. I will do my best while clearly understanding my role as the Deputy Majority Leader to support the Majority Leader and ensure we serve everybody within the broad-based Government arrangement.

Thank you very much. God bless you.

The Speaker (Hon. Kingi):

We will move to requests for Statements pursuant to Standing Order No.53(1).

An hon. Senator: Point of order!

The Speaker (Hon. Kingi):

Honourable Senators, before I allow Sen. Catherine Mumma to request her Statement, allow me, pursuant to Standing Order No.45(2), to rearrange today’s Order Paper. We will move to Order Nos.8, 9 and 10 and thereafter, resume the normal flow as captured in today’s Order Paper.

Sen. Mumma, give us a while to handle these three Orders. Clerk, call Order No.8.

BILL

First Reading

THE ENVIRONMENTAL MANAGEMENT AND COORDINATION (AMENDMENT) BILL (SENATE BILLS NO.9 OF 2026)

(Order for First Reading read - Read the First Time and ordered to be referred to the relevant Senate Committee)

The Speaker (Hon. Kingi):

Let us go to the next Order.

MOTION

CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE BUSINESS LAWS (AMENDMENT) BILL (SENATE BILLS NO.51 OF 2024

THAT, the National Assembly Amendments to the Business Laws Amendment Bill (Senate Bills No.51 of 2024) be now considered.

(Sen. Okenyuri on 4.11.2026 - Afternoon Sitting) (Resumption of debate interrupted on 4.11.2026 - Afternoon Sitting)

The Speaker (Hon. Kingi):

Clerk, do we have the requisite quorum? (The Clerk-at-the-Table consulted with the Speaker) We do have quorum. Honourable Senators, this is a matter that does not affect counties. Therefore, it shall be a voice vote. I will proceed to put the question. (Question put and agreed to)

The Speaker (Hon. Kingi):

Let us go to the next Order.

MOTION

ADOPTION OF REPORT ON PETITION ON RE-INTRODUCTION OF THE ELECTIONS (AMENDMENT) (NO.3) BILL (SENATE BILLS NO.48 OF 2021)

THAT, the Senate adopts the Report of the Standing Committee on Justice, Legal Affairs and Human Rights (JLAHR) on a Petition by Mr. Mohamed U. Alasow concerning the re-introduction of the Elections (Amendment) (No.3) Bill (Senate Bills No.48 of 2021), laid on the Table of the Senate on Tuesday, 8th September, 2026.

(Sen. Methu on 5.11.2026)

The Speaker (Hon. Kingi):

Clerk, do we have the requisite quorum? (The Clerk-at-the-Table consulted with the Speaker) Honourable Senators, this is a matter that does not affect counties. Therefore, we will take a voice vote. I will proceed to put the question. (Question put and agreed to) We will now go back to Order No.7. I had said we move to Statements pursuant to Standing Order No.53(1). The first one is by Sen. Catherine Mumma. (Sen. Cheruiyot spoke off record) Yes, Senate Majority Leader.

Mr. Speaker, Sir, just a quick clarification. Is it my understanding that as discussed earlier, we should attain the requisite quorum to progress business that has been stuck on the Order Paper for a while? We will proceed to do so even if we go to Statements.

The Speaker (Hon. Kingi):

That is the position, Senate Majority Leader. You may proceed to whip Members.

Let us proceed.

QUESTIONS AND STATEMENTS

STATEMENTS

GIRL CHILD PROTECTION IN GARISSA COUNTY

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 national concern regarding protection of girls from child marriage, Female Genital Mutilation (FGM), sexual abuse and human trafficking in light of calls for stronger interventions by local stakeholders in Garissa County.

Article 53(1)(d) of the Constitution entitles every child the right to protection from abuse, harmful cultural practices and all forms of violence. This right is reinforced by provisions of the Children Act, Cap 141; the Prohibition of Female Genital Mutilation Act, Cap. 62(B); the Sexual Offences Act, Cap 63(A); the Counter-Trafficking in Persons Act, Cap 61 and the Marriage Act, Cap 150, which sets the minimum age of marriage at 18, as well as Kenya’s obligation under the United Nations Convention on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). Notwithstanding this framework, stakeholders in Garissa County have decried the shortage of well-equipped safe houses for survivors and under-reporting of abuse, harmful cultural practices driven by stigma, community pressure, informal settlement of cases and limited access to reporting channels in remote areas.

In the Statement, the committee should address the following-

  1. (1) The number of reported cases of child marriages, FGM, sexual abuse and trafficking of girls in Garissa County from 2023 to date, desegregated by sub-county, including the number of incidents investigated, prosecuted and concluded.
  2. (2) The number, capacity, condition of safe houses and rescue centres in the county, including services and funding available to survivors and plans to establish a well-equipped safe house in every sub-county.
  3. (3) Measures in place to address under-reporting, improve awareness of access of reporting channels, including helplines, children’s officers, gender desks and community- based child protection structures and prevent unlawful settlement of offences through informal and traditional mechanisms.
  4. (4) Enforcement of relevant laws in the county, including inter-agency coordination and measures to combat cross-border FGM and trafficking.
  5. (5) Whether a multi-agency framework exists for prevention of abuse and rescue, rehabilitation and reintegration of affected girls involving religious and community leaders, parents and schools.

I am Sen. Catherine Mumma, Nominated Senator. I have a second Statement.

IMPLEMENTATION OF NATIONAL HUMAN PAPILLOMAVIRUS VACCINATION PROGRAMME

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Health on a matter of national concern regarding implementation of the National Human Papilloma Virus (HPV) Vaccination Programme.

Cervical cancer remains a leading cause of death among women in Kenya, despite availability of effective preventive measures such as HPV vaccination. Each year, an estimated 5,845 women in Kenya are diagnosed with cervical cancer and approximately 3,600 die from the disease. This situation persists despite the national rollout of human HPV vaccination programmes in October 2019, underscoring urgent need to evaluate the programme's uptake and effectiveness.

In the statement, the committee should address the following-

  1. (1) The eligibility criteria for HPV vaccination programme together with the per county breakdown of the uptake of the vaccine since the national rollout of the programme in 2019 October.
  2. (2) The basis for the transition from a two-dose to a single dose HPV vaccination schedule under the programme.
  3. (3) The Government's overall public education strategy to build public confidence and promote the uptake of the HPV vaccine along with the details on the allocated resources, communication channels, utilised and measures to ensure that the intended beneficiaries, parents, teachers, healthcare workers, religious leaders and other relevant stakeholders are reached and actively engaged.
  4. (4) The mechanisms to address public concerns and counter misinformation, particularly claims linking the vaccine to infertility and other major reproductive health effects.
  5. (5) The status of other initiatives undertaken by the Government to complement HPV vaccination programme and strengthen cervical cancer prevention and control in the country.

Sen. Catherine Mumma, Nominated Senator. Thank you.

The Speaker (Hon. Kingi):

Senator for Kirinyaga County, the Hon. James Murango.

DELAYED COMPLETION OF MWEA IRRIGATION DEVELOPMENT PROJECT

Thank you, Mr. Speaker, Sir. I am requesting for a statement on the late completion of Mwea irrigation development project.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries on a matter of countrywide concern regarding the late completion of Mwea Irrigation Development Project, which was initiated to increase rice production in Mwea Irrigation Scheme in Kirinyaga County and boost the country over rice production.

In the statement, the committee should address the following-

  1. (1) The total project costs and sources of financing for Mwea Irrigation Development Project, including an annual breakdown of funds disbursed and expenditure incurred from inception of the project to date.
  2. (2) The current status of implementation of the project, specifying the percentage of works completed under each project component.
  3. (3) The reasons for the delay in completing the project, along with information on the revised completion timelines and the measures to ensure the project is completed without further delays.

STALLED CONSTRUCTION OF SOUTH NGARIAMA-KIUMBU BRIDGE

My second statement, 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 countywide concern regarding the stalled construction of South Ngariama-Kiumbu Bridge in Mwea Constituency, Kirinyaga County.

Mr. Speaker, Sir, the South Ngariama-Kiumbu Bridge is a critical infrastructure project connecting Murinduko and Tebere in Mwea East Sub-County. Construction commenced in 2022, but has since stalled with a contractor reportedly abandoning the site, thereby delaying the anticipated benefits of improved connectivity for residents of the two wards.

In the statement---

(Loud consultations)

Mr. Speaker, Sir, I think there are so many meetings happening just near me.

The Speaker (Hon. Kingi):

Order, hon. Senators.

In the statement, the committee should address the following-

  1. (1) The reasons for the stalled construction of South Ngariama-Kiumbu Bridge, including the circumstances surrounding the contractor's reported abandonment of the site and measures being taken to ensure the project's completion.
  2. (2) The current implementation status of the project, including the percentage of work completed, outstanding works, funds allocated and disbursed, and the expected timelines for the contractor’s return to the site and completion of the project.

Thank you, Mr. Speaker, Sir.

The Speaker (Hon. Kingi):

Sen. Shakila Abdalla.

MISSING PERSONS IN LAMU COUNTY

Sen. Shakila Abdalla:

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 countywide concern regarding the rising cases of missing persons in Lamu County.

Mr. Speaker, Sir, over the past two months, approximately 55 persons from Kizingitini, Gajumali, Chundwa, Myabogi, Pate and Siyu villages have reportedly gone missing under circumstances that have caused widespread concern among residents.

Of particular concern, I report some of the missing individuals were allegedly arrested by security agencies and have neither been seen nor heard from since then. These incidents have heightened fears, anxiety and uncertainty within affected communities and underscore the urgent need for comprehensive investigations, accountability and timely information to affected families.

In the statement, the cCommittee should address the following-

  1. (1) The status of investigations into all reported cases of missing persons in Lamu County over the past two months, including the action taken to trace the missing individuals and unite them with their families.
  2. (2) The challenges that may have contributed to delays in resolving these cases and the measures being implemented to expedite investigations and ensure timely conclusion of the cases.
  3. (3) Whether any investigations have been conducted into allegations of involvement by police officers or other security personnel in the reported disappearances, including the case of Mr. Ali Kassim, who was reportedly arrested by a multi-agency security team at his residence in Chundwa on 26th September, 2026 and whose whereabouts remain unknown.
  4. (4) The mechanisms in place to ensure regular communication and information sharing with affected families regarding the progress and findings of investigations, including avenues available for lodging complaints or reported challenges encountered while seeking information.
  5. (5) The measures being undertaken to enhance security surveillance, intelligence gathering and patrol operations within Lamu County, including along its borders and coastline, with a view of preventing further disappearances and safeguarding the lives of security of residents.

I thank you, Mr. Speaker, Sir. The Speaker (Hon. Kingi): Senator for Kisumu County, the Hon. (Prof.) Tom Ojienda.

Sen. (Prof.) Tom Odhiambo Ojienda, SC:

Thank you, Mr. Speaker, Sir. This afternoon I have three statements. I will start with a statement on Ebola preparedness and response in Kisumu County and the Lake Region.

EBOLA PREPAREDNESS IN KISUMU COUNTY

I rise pursuant to Standing Order No. 53(1) to seek a statement from the Standing Committee on Health on a matter of countrywide concern regarding the preparedness of Kisumu County and the wider Lake Region to prevent, detect and respond to Ebola virus disease.

Mr. Speaker, Sir, on 6th October, 2026, the Ministry of Health confirmed Kenya's first case of Ebola virus disease in a traveller arriving from the Democratic Republic of Congo through Uganda, with nine cases and two deaths reported by 26th October, 2026, all linked to the initial case. In response, the Ministry intensified surveillance, screening all the 709,000 travelers, tracing contacts, and mobilizing more than Kshs259 million in international support, with no reported evidence of community transmission.

However, concerns persist over the preparedness of the lake region, particularly Kisumu County, which has proximity to Uganda and transport links to Uganda, limited isolation capacity, lack of a licensed vaccine or treatment for the Ebola virus, and the need to protect frontline healthcare workers and address misinformation.

In this statement, the committee should address the following-

  1. (1) The measures taken to screen travelers at the Kisumu International Airport, Kisumu Port, Busia and Malaba border crossings, indicating the numbers screened at each point since May 2026 and the adequacy of staffing and screening equipment.
  2. (2) The isolation and treatment capacity in Kisumu County and the wider lake region, including the number of isolation beds at Jaramogi Oginga Odinga Teaching and Referral Hospital and other county health facilities, availability of personnel-protective equipment (PPEs) and plans to establish a regional Ebola treatment centre in the lake region.
  3. (3) The number of healthcare workers and community health promoters in Kisumu County trained in detection, reporting and safe management of suspected Ebola cases, including measures for their protection, insurance, and compensation in the event of occupational exposure.
  4. (4) The funds allocated to counties in the lake region for Ebola preparedness, including support for development partners and coordination mechanisms between the Ministry of Health and county emergency response structure under the National Incident Management System.
  5. (5) The public awareness initiatives undertaken in the lake region, including sensitization on safety and dignified burials; measures to counter misinformation and availability of emergency hotlines for reported suspected cases.

Thank you, Mr. Speaker, Sir.

SAFETY OF FISHERS AND PROTECTION OF FISH BREEDING SITES IN LAKE VICTORIA

Mr. Speaker, Sir, I rise pursuant to Standing Order 53(1) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries on a matter of countywide concern regarding the safety of fishers and protection on fishing-breeding sites in Lake Victoria.

Concerns have been raised arising from the death of Mr. Brian Mingo and Joseph Ojwang’, who drowned in Lake Victoria on the night of 7th and 8th October 2026, near Thuru Beach in Suba North, Homa Bay County, after their BMU patrol boat was allegedly attacked by fishermen operating in a restricted fish-breeding area.

The incident brings the number of fishermen who have died in separate incidents in the area to three within three weeks. Further, concerns relating to the use of illegal fishing gear, inadequate security patrols, limited enforcement capacity of BMUs, cross- border fishing disputes and insufficient emergency rescue services. These incidents threaten the safety and livelihood of fishing communities who depend on Lake Victoria.

In the statement, the committee should address the following-

  1. (1) The status of investigations into the death of Mr. Brian Mingo and Joseph Ojwang’ near Thuru Beach on the night of 7th and 8th October 2026, including the circumstances surrounding the incident and actions taken against those responsible.
  2. (2) The measures taken by the Kenya Coast Guard Service and the National Police Service to enhance security patrols on Lake Victoria, including support provided to BMUs in Kisumu, Homa Bay, Siaya, Migori and Busia counties to ensure fishing regulations safety.
  3. (3) The number and location of designated fish-breeding sites in Kenyan waters of Lake Victoria, their gazettement and demarcation status and measures to sensitize fishing communities on applicable restrictions.
  4. (4) The measures being implemented to curb illegal fishing practices and the use of prohibited fishing gear, including cooperation with Uganda and Tanzania through the Lake Victoria Fishing Organization in managing shared fishing resources.
  5. (5) The availability of search and rescue services in Lake Victoria, provisions of life jackets and other safety equipment to fishers and support available to families of those who lose their lives in fishing-related incidents.
The Speaker (Hon. Kingi):

I will invite comments for not more than 15 minutes. If you get an opportunity to speak, kindly do so for not more than three minutes.

Sen. (Prof.) Tom Odhiambo Ojienda, SC.:

I have a third statement on police misconduct.

The Speaker (Hon. Kingi):

You may proceed.

ACCOUNTABILITY FOR POLICE MISCONDUCT

Sen. (Prof.) Tom Odhiambo Ojienda, SC.:

Mr. Speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of countrywide concern regarding the accountability for police misconduct resulting in death or serious injury to members of the public.

Concerns have been raised over police misconduct following the death of Mrs. Catherine Mwende Njeru, a 48-year-old mother of three from Murindiko Ward, Kirinyaga County, who died on 2nd October, 2006 after police officers attached to Itangi Police Station allegedly threw her and her husband from a moving vehicle for failing to pay Kshs1,000 for a lift.

A post-mortem examination conducted on 7th October, 2006 revealed multiple fractures resulting from a fall from a moving vehicle while her husband sustained serious injuries.

Although investigations have commenced, the incident raises concerns over alleged police extortion, accountability and protection of fundamental rights guaranteed under the Constitution.

In the Statement, the committee should address the following-

  1. (1) The status and findings of investigations by the National Police Service (NPS) and the Independent Police Oversight Authority (IPOA) into the incident, including actions taken against the officers implicated and timelines for concluding them.
  2. (2) The number of deaths and serious injuries arising from police actions reported to the IPOA from 2025 to date, indicating cases investigated, recommended for prosecution, concluded in court and reasons for delays in pending cases.
  3. (3) The regulations governing the transportation of civilians in police vehicles and measures to prevent extortion by officers and mechanisms for reporting such.
  4. (4) The measures to protect witnesses and families reporting police misconduct, including support and compensation for victims and their families.
  5. (5) The training, supervision and disciplinary measures by the NPS and the National Police Service Commission (NPSC) to strengthen professionalism, accountability and respect for human rights amongst police officers.

Thank you, Mr. Speaker, Sir.

The Speaker (Hon. Kingi):

Sen. Mundigi, you may proceed to make your comments.

Asante, Bwana Spika, kwa kunipa nafasi niweze kuchangia statement ambayo imeletwa hapa na Seneta wa Kirinyaga kuhusu mambo ya bridge.

Hiyo Kiumbu Bridge iko Kirinyaga County nasi tuko Embu County upande wa Mbeere South. Imekuwa ni daraja nyepesi kabisa. Ningeomba haswa upande wa Kirinyaga ambako kumewekwa lami, contractor aliyepewa hiyo kazi aweze kumaliza kutengeneza lile daraja.

Bw. Spika, ningeomba Ministry of Lands, Public Works, Housing and Urban Development itengeneze daraja hilo kwa sababu itasaidia watu wa Kaunti za Kirinyaga na Embu. Sio bridge peke yake. Katika maeneo mengi, contractors wamekuwa wakiweka lami kwenye barabara lakini bridges nyingi zimekuwa zikiachwa kwa miaka mitatu au mitano. Kwa mfano, katika Kaunti ya Embu, Manyatta Sub-County, kuna Mukororia Bridge na Mwiria Bridge ambazo zina shida. Kwa bahati mbaya, boda boda au vijana wetu ambao hawajielewi kutokana na unywaji wa pombe na vitu vingine wanapopita hapo, wanaanguka.

Ningeomba Ministry of Lands, Public Works, Housing and Urban Development wakati inatoa kazi ya kuweka lami, iangalie itakavyotengeneza njia hii kama vile kuweka mabati kwa upana ili kusaidia magari yaweze kuendelea vizuri. Pia, bridges ziweze kutengenezwa haraka iwezekanavyo. Hii ni kwa sababu katika kaunti nyingi, kazi imekuwa ikifanywa vizuri, lakini kazi ya kutengeneza daraja inaachwa.

Pia, ningeomba Ministry of Lands, Public Works, Housing and Urban Development ivunje contracts za contractors ambao wamezembea kwenye kazi zao. Kwa mfano, katika upande wa Mbeere North, Embu County, barabara ya Gikuyari-Karambari-

Kirie-Ishiara imecheleweshwa sana. Contractor amezembea kazini na watu wanateseka sana.

Naunga mkono hii Statement ya Seneta wa Kirinyaga. Asante sana, Bw. Spika.

The Speaker (Hon. Kingi):

Proceed, Sen. Tabitha Keroche.

Mr. Speaker, Sir, it was a great honour to have served as the Deputy Majority Leader of the Fourth Senate.

I want to take this opportunity to thank His Excellency our President (Dr.) William Ruto for having given me this opportunity to serve as a Deputy Majority Leader of the Senate.

(Applause)
The Speaker (Hon. Kingi):

Sen. Tabitha, are you making comments on the Statements or you are making a personal Statement?

In the course of making---

I am making a personal Statement.

The Speaker (Hon. Kingi):

Then you know what to do. I will give you that latitude once you request that particular Statement pursuant to our Standing Orders.

I thought that as you contribute to these Statements that have been made, you would maybe put a line on what you are saying. However, it seems that is your main Statement which then, according to our Standing Orders, you may have to seek permission from the Speaker. I do not think I will have any difficulties allowing you to do so. Until you do so, I am afraid, I may not be able to allow you now.

Then allow me to comment on the Statement.

The Speaker (Hon. Kingi):

You may proceed.

I want to comment on the Statement by the Senator for Lamu. I have heard her cry on behalf of her people. I would only say one word, that these abductions must come to an end. It is letting everything down even when it comes to investors in this country. It is not coming out nicely. So, it must end.

The Inspector General of Police, who is responsible for arresting these people, must bring them to their families because they go through a lot of torture.

As Senators, we should condemn that. We should not just sit here and allow abductors to continue abducting our people for speaking their minds. I think people should be supported.

When I came in, I found our new Deputy Majority Leader reading her Statement. I thought maybe I should also comment on that because she is the one who has taken my seat.

The Speaker (Kingi):

You can only congratulate her, that is it.

I congratulate Sen. Veronica. It was a great honour to have served as the Deputy Majority Leader of the Fourth Senate. I take this opportunity to thank his Excellency, our President Dr. William Ruto, for giving me that opportunity to serve as the Deputy Majority Leader in the Fourth Senate. I want to assure the people of Nakuru County that I am still their Senator. I will continue to serve them diligently.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I had requested for an opportunity to comment on the Statements, but at this point, I seek for intervention to be given an opportunity because a Leader of the Majority is a very pivotal position in this House. We should also be given an opportunity to---

(Loud consultations)
The Speaker (Kingi):

Order, hon. Senators. May the Senator for Kakamega be heard in silence.

You may proceed, Senator.

Thank you, Mr. Speaker, Sir. I would also like to join the Senator for Nakuru, in congratulating Sen. Veronica for landing this coveted position as Deputy Majority Leader.

This is a pivotal position. Therefore, I would like, as I congratulate Sen. Veronica, to also congratulate the former Deputy Majority Leader, Senator for Nakuru, for ably steering the affairs of this House while in office.

Be that as it may, what is happening in Kenya? Is it going to be our history that every Senate that comes and any leader who has divergent thinking---

The Speaker (Kingi):

Sen. (Dr.) Boni, you have passed your congratulatory message. You may proceed to the Statements.

Mr. Speaker, Sir, I had just started, but you seem to have read my mind.

I thank you. The Statement raised by the Senator from Lamu about the arbitrary arrests of young people and their missing is far too important for us to take casually. According to the reports of the Kenya National Human Rights Commission (KNHRC), which many of us consume, arising from the nationwide protests in respect of taxation in 2024, 82 people were either abducted or disappeared through enforcement. This year, they are 22; over and above the ones she has talked about have also disappeared under similar circumstances.

We should condemn this. This is not the Kenya that was envisioned by the drafters of the Constitution, 2010. If young people are not losing their lives or disappearing because of police, mainly boys and young men, on the other hand, the criminals are learning from the Government and killing our little girls.

Parliament cannot keep quiet. It is very disturbing that reports have emerged, that even after the National Dialogue Committee Report (NADCO) allowed compensation of those people who died that time, Prof. Makau Mutua’s team that is responsible for compensation have only reached out to one beneficiary. The rest who are supposed to benefit, enforcement people are asking for up to Kshs150,000 from their relatives for them to access the money that His Excellency awarded them.

Must the amount of corruption going on in this country wait until Sen. Edwin Sifuna becomes President in 2027 or it can start tomorrow? Colleagues, I beg you, we must refuse. It is corruption that is making it difficult for our children to stay in the

university. School fees has shot up at the university from Kshs22,000 to Kshs52,000. The people who vote for us, whether in Kakamega or in Nairobi or anywhere in the country, do not have Kshs52,000.

Mr. Speaker, Sir, I, therefore, want to appeal to the soul and mind of the leadership of this country to stop their corrupt ways of handling public resources.

I thank you, Mr. Speaker, Sir.

The Speaker (Hon. Kingi):

Sen. Omogeni

Sen. Omogeni:

Mr. Speaker, Sir, thank you. As I make my comment, I also want to join my colleagues in congratulating the new Deputy Majority Leader, my good friend and our colleague. As we review our Standing Orders, maybe a time has come for us to learn from what is happening in other jurisdictions, especially in the Congress on House leadership.

Mr. Speaker, Sir, after the elections that happened in the US last week, people are taking House leadership based on their length of service in the Senate. Hakeem Jeffries stepped in as the Speaker of the House of Representatives because he is the longest- serving member of Congress from the Democratic Party.

Mr. Speaker, Sir, where we have come from, there are times when Martin Shikuku spoke on this House and ended up in detention. We have gone through that history. We passed a Constitution that borrowed from the theory of Montesquieu on separation of powers, where we respect the executive, the executive also respects us, and we have a judiciary that checks on what the other two branches are doing. That is how we thrive in harmony.

If we create fear amongst all of us and we are the people's representatives, we will be drifting to the wrong direction. So, as the Senator for Nyamira, and as a Senior Counsel, I want to request the Executive to also have some respect for the House because we are independent. At times, we will say things that the Executive may not like because power must check power. That is how Montesquieu designed that theory of separation of powers. In 1700, it served so many democracies.

As I was walking to this House, lawyers were on the streets demonstrating that a colleague of ours was abducted and has not been traced or found for the last seven days. The statement from my good friend, Senator for Kisumu, is telling us that within a duration of three weeks, some fishermen, who were trying to make a living, have died in mysterious circumstances. It is feared that either they have been abducted and killed.

This idea of Kenyans dying like chicken is totally unacceptable. We all want to live in a country where the government of the day guarantees our security and safety. There is nowhere, I, as a citizen, can get protection from other than from our government.

These incidences are becoming too much. It is happening in Kisumu, Nairobi, Mombasa and everywhere. I think a time comes when you should also invoke your powers.

In times like this, we should have the Cabinet Secretary for Interior and National Administration and the Inspector General of Police appearing before us to give an assurance to Kenyans. How can Kenyans do their business comfortably, when they are not sure whether their parents who leave the house in the morning will ever come back in the evening? These things must be of great concern to us. We need the Government,

through the Inspector General of Police and the Cabinet Secretary for Interior and National Administration to tell us what is happening. How can a lawyer be abducted, a court issues and orders for a Habeas Corpus for him to be produced, and he cannot be produced.

Nobody can explain where he has gone. We may be taking things lightly, but tomorrow, you will wake up and find a Member of this House has been abducted. We really need to hear from the Government what is happening. What has happened to our investigative agencies? When a lawyer disappears, we should be told that he has either been murdered or he has left the country. At least, answers should be given. Finding lawyers in the streets demonstrating, because their colleague cannot be traced for the last 10 days, creates fear among Kenyans.

So, I am urging you, at the end of our contributions, take some drastic actions. Let the Cabinet Secretary for Interior and National Administration and the Inspector General of Police appear before us, even tomorrow, so that we get an explanation. Kenyans should not live in fear. The Government should assure Kenyans of their safety and protection. That is not asking for too much.

Mr. Speaker, Sir, I support.

The Speaker (Hon. Kingi):

Sen. Abass.

Thank you, Mr. Speaker, Sir, I also want to join my colleagues and contribute to Sen. Mumma’s Statement and thank her for reporting whatever is happening in those areas, particularly on early marriages, rapes and all these things.

It is very unfortunate that what has been reported, is not only in Garissa, it is actually all over now in Kenya and specifically in my region. Anything to do with rape and all these things have been an abomination or taboo in that society in the past. However, today, it has become too common as a result of drug abuse and most of the young ladies, even those who are in school now, are lured with little money and lied to that they are going to be married.

In Islam, for any lady to be married, they must get their father’s or the parent’s consent. Of course, these days we have young men who come from the diaspora and lure the young ladies with little money, bring them to Nairobi and give them false engagement and leave them in the lodges. Many of the young girls are now loitering around and do not even know they are being lied to, that they are married and that they are going to go to greener pastures somewhere in Europe. They are then left. They cannot go back to their parents, because they disobeyed them. The money is not there, there is no housing and those ladies are left in the streets, vulnerable to rapes and all kinds of abuse.

Mr. Speaker, Sir, the Kenyan Government has employed many Kadhis, the people who are supposed to oversight marriages, but there is a lot of laxity in marriages, especially the Islamic marriages. This country now has enough people to execute and oversee marriages. It is high time that we wake up to enforce proper marriages and follow procedures.

Mr. Speaker, Sir, I would also like to contribute to the Statement that was requested by Sen. Shakila. It is very unfortunate. We hear of people missing in this country and it is very unfortunate.

The Speaker (Hon. Kingi):

Hon. Senator, you have 30 seconds to conclude.

Thank you, hon. Speaker. This country has the best intelligence system and investigation officers. Today, I am happy that when a crime is committed, it is investigated in a manner that we never used to see before. In the past, if someone was killed or something happened in this country, investigations would take too long. In some cases, suspects would disappear and we would not be able to trace them. However, today, the intelligence system we use is so advanced that nothing is hidden in this country. However, if the same system, Government or officers are engaged in the business of making people disappear, that is unacceptable. We have enough courts in this country. Today, every county has a High Court and people---

The Speaker (Hon. Kingi):

Sen. Stewart Madzayo. The Senate Minority Leader (Sen. Madzayo): Asante, Mstahiki Spika, kwa kunipa nafasi hii ili pia nichangie. Kwanza, nimeshakuwa abducted, lakini wale walioni- abduct walitaka kuchukua gari. Ni jambo la kushtua kusikia kwamba mtu amekuwa- abducted ama ameshikwa na majambazi na hajulikani alipo.

Bwana Spika, ni muhimu kuhakikisha kwamba wale wanaofanya kazi kortini wako salama. Nasema hivyo kwa sababu maisha yangu yote nimekuwa ndani ya korti. Kwa mara ya kwanza katika historia hii, inatokea--- (Technical hitch) Wengine wetu tumewakilisha washtakiwa walioshikwa na Serikali. Ni jambo la kusikitisha kuona kwamba wakili anayetetea mteja wake anashikwa na kutishiwa maisha yake kwa sababu ya kutetea mteja wake. Tabia hii imekuwa kwa muda mrefu. Sasa hatujui kama wakili anayetetea ama anayetetewa, ni nani kati yao aliyefanya kosa.

Ni jambo la kusikitisha kuona kitu kama hiki kikitendeka siku zote. Zamani hakukuwa na picha, lakini siku hizi picha zinachukuliwa na tunaona wengine ni watu wa kawaida. Wengine sura zao zinaonekana na wengine wamevaa magwanda ya kujificha uso, lakini mtu anaweza kujua ni kina nani.

Bwana Spika, si mara yangu ya kwanza kusimama hapa na kusema kuwa Wakenya wanafaa kuwa huru. Wakati wa mfungo, jioni wakiwa wanafungua, huwa kuna Taraweeh. Tumeona watu wengi wakishikwa wakati wa Taraweeh na kuulizwa maswali, ilhali ni wakati wamekula chakula baada ya mfungo na wanaenda kupumzika. Cha kusikitisha zaidi ni kwamba wakati mtu ameshikwa na korti imetoa order kuwa mtu apelekwe kortini, ni akina nani hawa walio na nguvu ya kuzuia watu kama hawa halafu wakili asitokee katika korti.

Ni lazima Waziri anayehusika na mambo ya usalama wa ndani ahakikishe ya kwamba hakuna wakili ama Mkenya yeyote atatembea na hofu ya kuwa anaweza kughadhabika kwa kushikwa bila sababu yoyote na kuwekwa ndani. Ni jukumu la Wizara kuangalia usalama wa ndani na kuhakikisha kwamba kila Mkenya yuko huru na anaweza---

The Speaker (Hon. Kingi):

You have 30 seconds Senator. The Senate Minority Leader (Sen. Madzayo): Ili kila Mkenya anayefanya mambo yake, kama ni wakili, afanye kazi yake ya kutetea watu, kama ni watu wa dini, wafanye kazi zao bila kusumbuliwa na kama ni watu wanaofanya shughuli zao pengine

wanatembea hata kama ni wakati wa usiku, kusiwe na tabia hii tunayoiona kwa Wakenya hivi sasa.

Asante.

The Speaker (Hon. Kingi):

Senate Majority Leader. The Senate Minority Leader (Sen. Cheruiyot): Mr. Speaker, Sir, I want to comment on the Statement by Sen. (Prof.) Ojienda on Ebola preparedness. In his Statement, he has spoken about Kisumu County alone. However, we need a report on the entire country because it would be good to establish the level of preparedness of our agencies that are responsible for public health. You know for a fact that there has been at least one successful breach, if I may call it so. If you remember the story of the victim who unfortunately later succumbed, he entered the country from Uganda, having previously travelled from the Democratic Republic of Congo.

Mr. Speaker, Sir, It would be important to know the new measures that have been introduced at our points of entry to tighten surveillance and control following that particular incident. It would also be important for the Ministry of Health to guide this House and Kenyans in general, so that we are assured that our agencies are working and that these matters are being handled as they should.

Do you know why that would be important? It is to avoid the reactionary nature of leadership that has become commonplace in this country. Many times, when matters are reported, we sometimes tend to respond to information from sources that are not authenticated. For example, I heard one of the Senators speak on the issue of compensation of victims and state that only one fatality victim's family had been compensated yet, if you go to the Uwiano website, you will see that they have posted information showing all the 236 who have been compensated.

Therefore, I warn colleagues that even as we seek accountability, let us rely on credible sources of information. You cannot quote the Standard Group, for heaven's sake. That is no longer a media house. It is a gathering of political bloggers and online goons. The work they do is an embarrassment to the practice of journalism and to any known standards of journalism anywhere in the world. Therefore, that cannot be the sole basis upon which you rely on information before bringing it to this House. I therefore encourage my colleagues to obtain information from more credible sources.

I thank you.

The Speaker (Hon. Kingi):

Sen. Veronica Maina.

Sen. Veronica Maina:

Hon. Speaker, thank you for the opportunity to comment on the Statement that has been brought to the Floor of this House. I want to specifically comment on the Statement relating to the death of Catherine Mwende Njeru, which was brought by Sen. (Prof.) Tom Ojienda.

This lady from Kirinyaga died in the hands of the police on 2nd October, 2026. It is very sad that a Kenyan who had been taken into a police vehicle eventually lost her life due to alleged mishandling by the police. This should not be business as usual. As we wait for the report from the committee, I urge the Inspector General (IG) and the National Police Service (NPS) to look into this matter and give feedback to Kenyans in the shortest time possible, even before the committee investigates what could have happened to Mwende.

Then it should be very scary for a Kenyan to board a police vehicle. Ideally, a Kenyan should be very safe while they fall into the hands of a police officer or they fall within the hands of our security system. Certain rights, such as freedom from torture, cruel, inhuman or degrading treatment remain absolute. They are non-negotiable and should never be compromised, not by the police, not by the citizens, not even by the Government and not even within the domestic setting. Those rights must never be compromised.

We want to strictly urge police reforms to be conducted. We should have a serious programme on how we do police reforms in Kenya. We urge the Cabinet Secretary for Interior and National Administration, our friend, Hon. Murkomen, to ensure that during his tenure, before he steps out of that office, the police can do the policing service within the context of human rights. It is possible, and we have seen it in other jurisdictions. Let policing be done within the context of human rights. When people fall into the hands of the police, whether they are in cells, they must be safe. Whether they are arrested by the police, between arrest and detention, Kenyans must remain safe.

So, my comment is directed first to the committee to ensure they do investigations and come back and tell us why Mrs. Catherine Mwende did not make it out of that police vehicle. We want to see the culprits, the people who made her face what she faced---

The Speaker (Hon. Kingi):

One minute, hon. Senator.

Sen. Veronica Maina:

Mr. Speaker, Sir, the people who handled this lady, Mrs. Catherine Mwende Njeru, should be brought to book because that is the right thing to do for us as a society.

Once again, I commend Sen. (Prof.) Tom Ojienda for bringing this Statement. I pray that our police now can learn from this incident and see how dangerous it is to mishandle a citizen who comes in their hands in the course of their policing duties.

Thank you, Mr. Speaker, Sir. (The Clerk-at-the-Table consulted the Speaker)

The Speaker (Hon. Kingi):

So, hon. Senators, pursuant to Standing Order No.45(2), I will further rearrange the Order Paper. We will move to Order No.21.

Clerk, proceed to call that Order.

MOTION

CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE AGRICULTURAL AND LIVESTOCK EXTENSION SERVICES BILL (SENATE BILLS NO.12 OF 2022)

The Speaker (Hon. Kingi):

The Chairperson, Standing Committee on Agriculture, Livestock and Fisheries, you may proceed to move your Motion.

Sen. (Prof.) Tom Odhiambo Ojienda, SC):

Mr. Speaker, Sir, I beg to move that the National Assembly amendments to the Agricultural and Livestock Extension Services Bill 2022 (Senate Bills No.12 of 2022) be now considered.

Mr. Speaker, Sir, the committee considered the National Assembly amendments to the Agricultural and Livestock Extension Services Bill, 2022 (Senate Bills No.12 of 2022). The Bill, sponsored by Sen. Maureen Tabitha Mutinda MP, was published to provide a framework for delivering extension services, establish agricultural and extension services and bridge the gap between farmers and scientific research.

The Senate considered and passed the Bill with amendments on 21st February, 2024, and thereafter referred it to the National Assembly pursuant to Article 110(4) of the Constitution. The National Assembly considered and passed the Bill with amendments on Wednesday 10th June 2026. These amendments were subsequently transmitted to the Senate through a message dated 1st July, 2026 and conveyed by the Speaker of the Senate on 15th July, 2026. The amendments were thereafter committed to the Standing Committee on Agriculture, Livestock and Fisheries for consideration.

The committee concurs with the amendments as set out in chapter two, Section 23A of this report. However, the committee rejects the amendments listed in chapter two, Section 23B of this report. Concerns raised include dilution of accountability by shifting responsibility from a designated officeholder, county executive committee member, to the county government, making it difficult to enforce accountability, weakening county representation despite extension services being a devolved function under the Constitution, duplicating provisions already covered and using vague terminology that undermines legislative clarity, among others.

Mr. Speaker, Sir, having considered the amendments by the National Assembly to the Agriculture and Livestock Extension Services Bill, 2022 (Senate Bills No.12 of 2022), the Standing Committee on Agriculture, Livestock and Fisheries recommends that the Senate, pursuant to Standing Order No.165(4)(b) of the Senate Standing Orders, reject the Bill as amended, and in accordance with Article 113 of the Constitution, refer the matter to mediation.

Mr. Speaker, Sir, finally, I thank all the members of the committee for their commitment in ensuring the assigned task was appropriately concluded. I thank you, and I request Sen. Wafula Wakoli to second.

Thank you, Mr. Speaker, Sir. (Sen. Wafula went to the Bar and bowed)

The Speaker (Hon. Kingi):

Sen. Wafula, why are you dancing back and forth?

Mr. Speaker, Sir, I had to come, and on my way, he reprimanded me for not bowing, so I had to bow.

The Speaker (Hon. Kingi):

Proceed.

Thank you, Mr. Speaker, Sir. I hereby second.

The Speaker (Hon. Kingi):

Thank you. Now, hon. Senators, I will now propose the question.

Sen. Korir, kindly take your seat. (Question proposed) The Floor is now open for debate. I am not seeing any Senator indicating that they would wish to contribute to this Motion and, therefore, I will ask the Mover to reply.

Sen. (Prof) Tom Odhiambo Ojienda, SC:

Mr. Speaker, Sir, I beg to reply, given that there is no contribution from the Floor.

Thank you.

The Speaker (Hon. Kingi):

I thought you would proceed further to request the Chair to not put the question? (Sen. Cheruiyot spoke off record)

The Speaker (Hon. Kingi):

But this is Hon. Tom Ojienda.

Sen. (Prof) Tom Odhiambo Ojienda, SC:

Yes, Mr. Speaker, Sir I am the Chairperson of the Committee.

The Speaker (Hon. Kingi):

Sen. Ojienda, you know this is a matter that does not affect counties, so it will be taken through a voice vote, subject to having the requisite quorum.

Sen. (Prof) Tom Odhiambo Ojienda, SC:

Thank you.

The Speaker (Hon. Kingi):

Clerk, do we have the quorum? We do? (The Clerk-at-the-Table consulted with the Speaker) Sen. Ojienda, kindly approach the Chair. (Sen. (Prof) Tom Odhiambo Ojienda, SC approached the Speaker) Sen. Wakoli, kindly approach the Chair. (Sen. Wafula approached the Speaker) Hon. Senators, I will defer the putting of the question on Order No. 21. (Putting of the Question on the Motion deferred) Clerk, kindly call the next Order. The Chairperson, Standing Committee on Labour and Social Welfare.

MOTION

CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE COUNTY LIBRARY SERVICES BILL (SENATE BILLS NO.40 OF 2024)

Thank you, Mr. Speaker, Sir. I beg to move- THAT, the National Assembly amendments to the County Library Services Bill (Senate Bills No. 40 of 2024) be now considered.

The County Library Services Bill (Senate Bills No. 40 of 2024), was published on Wednesday, 24th July, 2024 vide Kenya Gazette, Supplement No.140. The Bill was read for the first time in the Senate on Tuesday, 17th September, 2024 and thereafter committed to the Standing Committee on Labour and Social Welfare for consideration.

Following extensive public participation and stakeholders' engagement, the Senate considered and passed the Bill with amendments on Wednesday, 25th February

  1. 2026. The Bill was subsequently referred to National Assembly for concurrence, pursuant to Article 110(4) of the Constitution. By Message No.024 of 2026, dated Thursday, 10th September, 2026, the Speaker of the National Assembly conveyed to the Senate that on Wednesday, 26th August, 2026, the National Assembly considered and passed the County Library Services Bill, 2024 with amendments. In accordance with Standing Order No.165 of the Senate Standing Orders, the Speaker of the Senate subsequently referred the National Assembly amendment to the Standing Committee on Labour and Social Welfare for consideration. The Committee has thoroughly examined the amendments passed by the National Assembly against the Bill as passed by the Senate guided by the provisions of the Constitution and the statutory framework governing devolved functions under the County Governments Act, Cap. 265 and Legal Notice No. 142 of 2019.
[The Speaker (Hon. Kingi) left the Chair]
[The Temporary Speaker (Sen. Veronica Maina) in the Chair]

Madam Temporary Speaker, having considered the amendments by the National Assembly to the County Library Services Bill (Senate Bills No.40 of 2024), the Standing Committee on Labour and Social Welfare recommends that the Senate approves the amendments to the Long Title clauses 2, 3, 5 and 8 of the Bill and rejects the amendments to clauses 4 and 6 of the Bill. The observation and recommendations of the Committee are set out in chapter three of the report.

Mr. Speaker, Sir, I wish to extend my gratitude to the Members of the Committee for their diligence during consideration of these amendments.

I also thank the Office of the Speaker and Clerk of the Senate for their support. It is now my pleasant duty, pursuant to the Standing Order No.165(4) of the Senate Standing Orders, to present this report of the Standing Committee on Labour and

Social Welfare on the consideration of the National Assembly amendments to the County Library Service Bill (Senate Bills No.40 of 2024).

The Temporary Speaker (Sen. Veronica Maina):

Have you proposed a seconder to the Motion?

No, I have not. May I ask Sen. Mwaruma to second?

The Temporary Speaker (Sen. Veronica Maina):

Sen. Mwaruma, proceed.

I second.

The Temporary Speaker (Sen. Veronica Maina):

Thank you. (Question proposed) Senators wishing to make any contribution to this Motion may express that interest. Sen. Joyce, have you pressed your button for this?

I have not.

The Temporary Speaker (Sen. Veronica Maina):

Hon. Senators, I do not have any request from any Senator to contribute to this Motion. I request the Mover to reply and seek for the deferring of the putting of the question.

Sen. Murgor, proceed.

Madam Temporary Speaker, I am grateful for the help given. I beg to reply and request that the putting of the question be deferred to a later date pursuant to Standing Orders No.66(3).

The Temporary Speaker (Sen. Veronica Maina):

Thank you, Sen. Murgor. The putting of question is deferred to the next sitting of the Senate. (Putting of the question on the Motion deferred) Hon. Senators, I will now reorganise the Order Paper and request the Clerk to call out Order No. 24.

MOTION

ADOPTION OF REPORT ON NON-COMPENSATION AND DELAYED ISSUANCE OF TITLE DEEDS TO RESIDENTS OF JAMII BORA ESTATE IN KAJIADO COUNTY

THAT, the Senate adopts the Report of the Standing Committee on Roads, Transportation and Housing on a Petition to the Senate by Mr. Calvin Luther Munayi and other residents of Jamii Bora Estate regarding the delayed issuance of title deeds to residents of Jamii Bora Estate in Kisaju, Kajiado County, laid on the Table of the Senate on Wednesday, 23rd September, 2026.

The Temporary Speaker (Sen. Veronica Maina):

Sen. Hamida, you may proceed.

Thank you, Madam Temporary Speaker. At the Senate sitting held on Tuesday, 14th March, 2023, the Speaker of the Senate reported a Petition by Mr.

Calvin Luther Munayi on behalf of residents of Jamii Bora Estate regarding delayed issuance of the deeds to residents of Jamii Bora Estate, Kisaju, in Kajiado County.

The Petition raises the following issues. In 2008, the petitioners bought houses in Jamii Bora Estate located in Kisaju, Kajiado County, from Mrs. Sophia Ingrid Monroe through her various developers and companies, but no title deeds have been provided to date. Letters of offer and sale agreements indicated that the deeds would be processed upon completion of payment. However, Mrs. Sophia Ingrid Monroe, through her various companies maintained that the title deeds would only be issued after 20 years. Further, the petitioners stated that attempts to report the developers' companies on the issue of the title deeds, despite some residents having completed payment, resulted in the closure of their companies or changes in the directors.

Madam Temporary Speaker, the Committee considered the Petition extensively through submissions received from the petitioners, the developers and affiliated directors of Jamii Bora Estate, the Governor of Kajiado County and the management of Kingdom Bank. The Committee also undertook a factfinding visit to Jamii Bora Estate to ascertain the issues raised in the Petition and assess the situation on the ground.

Arising from its deliberations, the Committee observed that-

  1. (1) The original titles for LR No.Kajiado/Kisaju/58 and LR Kajiado/Kisaju/2995 are in the custody of Kingdom Bank and its advocates and the outstanding processes for change of user, conversion of tenure, submission and re-registration of charges have not been completed.
  2. (2) The harmonised list of purchasers developed by the petitioners, developers and Kingdom Bank remain subject to verification against sale agreements, payment records and other relevant documentation.
  3. (3) The existing financing arrangements require the resultant titles to be appropriately dealt with upon submission to facilitate the issuance of titles to purchasers who have cleared their obligations while retaining security for the outstanding loans and unsold property.

Madam Temporary Speaker, the Committee recommends that-

  1. (a) The developers, Ms. Sophia Ingrid Monroe, Jamii Bora Scandinavia AB and Kingdom Bank enter into a legally binding undertaking to facilitate the release of the title LR No.Kajiado/Kisaju/58 from the custody of Macharia Mwangi and Njeru Advocates within 30 days of tabling of this report.
  2. (b) The developers and Kingdom Bank enter into a legally binding undertaking in favour of the developers in order to facilitate release and surrender of the title in respect of the title LR No.Kajiado/Kisaju/58 within 30 days of the tabling of this report.
  3. (c) The developers, upon receiving the title LR No.Kajiado/Kisaju/58 makes the necessary arrangements for conversion of the title from freehold to leasehold within two months of tabling the report.
  4. (d) The developers comply with and submits all the requirements for subdivision approval of the County Government of Kajiado within 90 days.
  5. (e) The developers issue the release of the title LR No. Kajiado/Kisaju/58 to approved harmonised list of purchasers within 60 days and,
  1. (f) The developers to complete the remaining unbuilt units or refunds with interest the affected persons as per the market value within 12 months of tabling this report.

Honourable Temporary Speaker, before I conclude I commend the members of the Committee for their dedication and commitment throughout the consideration of the Petition.

My sincere appreciation to the offices of the Speaker and the Clerk of the Senate for the support accorded to the Committee in the discharge of its mandate. The Committee also extends its gratitude to the petitioners and stakeholders who participated, and the more valuable submissions that facilitated the expeditious consideration of this Petition.

I beg to move and request Sen. (Dr.) Khalwale to second.

Madam Temporary Speaker, before I support this Motion, allow me to congratulate you. You have set a precedent. You are the first to be a speaker when you are also the Deputy Leader of Majority. What a vote of confidence in your abilities!

Senator Kibwana, going through the report of your effort, I am convinced that we must strongly support your findings, observations and recommendations. The real story behind that headline is that we must have respect for the sanctity of a title deed and the right for people to own property anywhere in the country. More importantly, for parties to remain true to agreements.

Both the developers and the purchasers entered an agreement. How come that down the road, when commitments have been made, running into millions of shillings, people want to vary their commitment to that particular agreement? I congratulate you, although it is not too clear what your findings were insofar as defending the interests of the developer. It is also not very clear in your report why we should change the title deed from freehold to leasehold. Maybe when you will be responding to this, you will be able to clarify to Kenyans, so that they understand the importance of this.

Why do I insist that this clarity should be there in this debate? It is because this is not the first group of people who are undergoing this kind of suffering. There are many Kenyans who lose property, some of them small people like the ones you see back home in Murang’a or back home in Kakamega, but we even have the big ones.

We saw what hit the headlines the other day, that the Government-mobilised General Service Unit (GSU) officers armed to the teeth to go and attack the private property of the family of Hon. Gideon Moi in Eldoret next to State House. How, this came to pass, we are waiting to hear. What is wrong with the family of Gideon Moi owning property next to the State House? State House can go ahead and enjoy the ownership of public land which is there, but also allow co-existence with families of other private Kenyans. Politics must never be allowed to degenerate to the point whereby those in power today want to score points against those who were in power yesterday. Let the rich and the poor be given an opportunity to enjoy the right to property.

I strongly second. (Question proposed)

The Temporary Speaker (Sen. Veronica Maina):

Thank you, Sen. (Dr.) Khalwale, and also for the congratulations and the compliments. That is appreciated.

I call upon Sen. Peris Tobiko to contribute to this Motion.

Thank you, Madam Temporary Speaker. I rise to support the report of the Committee of Roads, Transportation and Housing.

Before I do that, let me join my colleagues to congratulate you for holding the position of Deputy Majority Leader in the House and considering that you are also the Chairperson of the Kenya Women Parliamentary Association (KEWOPA) and also a member of the Speaker’s Panel. You are wearing a number of hats in this House.

I am glad that this report of the Committee has come to the House when I am on the Floor. The issue of Jamii Bora has been in this House. It was there in the last Senate but was not completed until the House adjourned for elections. It came back to the Committee in the Fourth Senate, and I found myself in that Committee. I have been following keenly because, Kisaju Jamii Bora happens to be in my former constituency, Kajiado East. These are my constituents and voters. These Kenyans have suffered. They have suffered. Let me repeat that these Kenyans have suffered.

Many of them were duped to join this housing project. They were told it was an affordable social initiative, a housing project of sorts and people needed houses. In fact, many of these people had secured houses under the Jamii Bora Housing Project while they were living in Nairobi. A number of them are from Kibra, Korogocho and Majengo. Many of them are very low-income earners. However, when they were given hope that they would finally have retirement homes, many of them were impressed and invested their savings. They put in their retirement benefits to secure homes for their children.

We had a chance to visit Jamii Bora Estate and sat with the people. We found young people crying because their parents had since passed on without receiving their title deeds. What will shock you is that they paid the developer of Jamii Bora Estate in full.

Madam Temporary Speaker, you know how taking a loan from the bank, today, can stretch families. One struggles and pays for the sake of their children so that tomorrow they can have a roof over their heads and, in your old age, you are also housed. These people struggled to pay for those houses. Many of them were mama mbogas. However, after a majority of them completed their payments and went to the developer to demand their title deeds, rightfully so because they had paid, they were taken round in circles.

They have been in this House several times. We have taken them from one place to another. We have held meetings with them at the Kenyatta International Convention Centre (KICC), County Hall and Bunge Tower. Every time, the developer changes the goalpost and company's name. This company has transformed itself several times and disguised ownership under different names.

Madam Temporary Speaker, this case should be under investigation. This House should call upon the Ethics and Anti-Corruption Commission (EACC) to get hold of Ingrid Munro, the woman developer, who has conned Kenyans. She keeps coming to the Senate, using her old age as an excuse, to say that she is about to die, yet many of our people have already died without their title deeds, despite having paid in full.

Why are we letting this developer take Kenyans for a long ride simply because she is a mzungu? Is that what is giving her immunity? Is it the colour of her skin that gives her privilege while our people continue to suffer? Can you imagine if somebody paid a debt in full and yet the person holding the collateral refused to surrender it? Where is the fairness?

According to me, this Report has been put in very lenient language. If we knew the suffering of the people in Jamii Bora Estate, we would not be speaking in such lenient terms. We would pass resolutions requiring that everything the developer owns be liquidated and that the Government takes over the project so that the houses and title deeds are surrendered to the rightful owners.

For those who have not completed their payments, another arrangement could be made. However, for the sake of those who have completed their payments, for heaven's sake, the entire House should visit Jamii Bora Estate and witness their plight. They have suffered long enough. If we cannot rescue those Kenyans, then sometimes I wonder why we come here in the name of representing the people. If we truly act and operate for the public good, this House must rise and bring a solution to the people of Jamii Bora Estate.

I thank God that this matter has found me in this House. If I did not speak today, those people would be wondering who would speak for them. I thank God that I am here. May this House listen to my plea on behalf of these people. May this House have a conscience for the sake of Kenyans who elected us and gave us privilege to be on the Floor of this House.

Madam Temporary Speaker, I beg Members to pass a clear resolution that does not just mince words and does not merely plead with lawyers to surrender title deeds. We must give the necessary orders for the title deeds to be surrendered to Kajiado County for subdivision into individual title deeds and thereafter be handed over through a ceremony. Those title deeds should be surrendered to the owners; those who completed their payments, or to their dependants because some of them have since passed on.

Madam Temporary Speaker, I rest my case. Thank you.

The Temporary Speaker (Sen. Veronica Maina):

Thank you very much Sen. Peris Tobiko. Sen. (Prof.) Margaret Kamar Kipkoech.

Thank you, Madam Temporary Speaker, for giving me this opportunity to also support the adoption of the Report of the Standing Committee on Roads, Transportation and Housing on a petition that touches the lives of very many people regarding the residents of Jamii Bora Estate in Kisaju, Kajiado County.

As I support the adoption of this Report, I agree with Sen. Peris Tobiko that this should be the last time we are seeing these petitioners because this matter has taken a very long time. We had it in the last Parliament and it has been going on for a very long time. We cannot continue to see people suffering and appear like a Parliament that is unable to make a decision. This time let us implement what the committee has recommended.

I also want to sincerely thank the Chairperson of the Committee for the way she has articulated this Report. Thank you, Madam Chairperson and congratulations. It appears your appointment as Chairperson came at the right time so that you deal with some of the social issues that touch lives.

Madam Temporary Speaker, when people contribute money through societies, SACCOs and through other organisations to save and build for themselves, they do it with goodwill and trust that the investor can be trusted. They go in as individuals. The sad situation about Jamii Bora Estate in Kisaju is the fact that after individuals went in, we started hearing things because others had not paid. People pay individually for what they have purchased and it is a willing buyer- willing seller situation, to the extent that you cannot punish a neighbour because one individual has defaulted.

The risk that is taken by developers, or proprietors of SACCOs and organisations, should be upon them. The surprising thing about Jamii Bora Estate is that it appears that the developer did not take any insurance because where is the fear coming from?

If, as developers, we are required to have insurance to cover any eventuality, and yet they did not take it, it is really up to them to carry the cross. So, I support this report that people should be given their titles as soon as possible. Those who have finalised payments should be free to go and occupy or even do whatever they want to do with their houses. Some have been investing to sell and make money for their families. Now they are stuck, and they have been stuck for a very long time.

I hope, as the committee has said, that interests shall be levied on those who have invested their money and have not enjoyed the houses that they are supposed to have been given, this should be a lesson to other organisations. It should be a lesson to other SACCOs.

We were working on the Cooperatives Bill amendments the other day, and I am happy that we finalised it and that it is ready, again, for passing in this House any time. There are a few things that we are very careful to look into when we look at cooperatives, especially when we are looking at SACCOS and development cooperatives.

We said that we must really watch contributors being mishandled by officials, be they the officials of the cooperative itself, or even government officials, including the Commissioner of Cooperatives. We were very careful as we looked at the powers that had been given to the Commissioner of Cooperatives. We have been here in this House and we have had cases of cooperatives being wound up because of the authority of one person before anything is even looked into.

In this case, we are very clear that we need to ensure that individuals are not victims of a situation that is not of their own making. Jamii Bora is a very good example of people who have made their contributions only to be victims of individuals who did not plan well before investing.

As I said earlier, anybody who goes for investment must ensure that they know what they are investing in. It is only then, that if anything happened, they would be able to take care of their obligations and their responsibilities. I really support the report and hope that it will go to the very end of implementation so that we close the chapter of Jamii Bora Estate for once.

With those few remarks, Madam Temporary Speaker, I support the adoption of the report. Thank you. Thank you.

The Temporary Speaker (Sen. Veronica Maina):

Thank you, Sen. (Prof.) Margaret Kamar.

Hon. Senators, I have a communication on the visiting delegation.

(Interruption of debate on Motion)

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM JOMO KENYATTA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY, KIAMBU COUNTY

I would like to acknowledge the presence of a visiting delegation of two lecturers and 29 student leaders from the Jomo Kenyatta University of Agriculture and Technology (JKUAT) in Kiambu County, who are seated in the public gallery. The delegation is visiting the Senate for an academic exposition. On behalf of the Senate and on my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

I thank you and I ask Senator Catherine Mumma to welcome the delegation. They are from Jomo Kenyatta University of Agriculture and Technology in Kiambu County.

Thank you, Madam Temporary Speaker. Our guests from Jomo Kenyatta University of Agriculture and Technology (JKUAT), this is to welcome you, most sincerely, to the Senate. I am glad that you are listening in as we discuss a number of issues.

The Senate is a place that exists to protect devolution, to align to ensure that the Constitution, as designed by our people, is implemented and respected at all fronts. I am glad you have come to listen in. This House of Parliament is a very important House whose policy affects everybody, including learners. So, it is good that you have had the opportunity to come and listen in.

I hope that, even in your dealings at the university, whatever courses you are doing, you would know the role of policy and the role of law in particular, and the role of the national government and county government as you educate yourself.

I am expecting that some of you, having come here, will take an interest and will continue and will one day serve in the opportunities in which we are serving. Many of us who are here never imagined in our earlier years that we would serve. I believe some of you will get to serve here.

Asante sana. Madam Temporary Speaker, allow me, while I am on the mic, to congratulate you on being appointed the Deputy Majority Leader. We really want to celebrate you. You are our Chairperson in the Kenya Women Senators Association (KEWOSA). We know your leadership skills and I believe that you will inject some good energy into the leadership on the majority side and the leadership in the House as a whole.

As I celebrate you and as I add you on, I also want to celebrate Sen. Tabitha Keroche for serving for the time she has served. I am glad that they replaced the woman with another woman. I am sure you will be able, in a short while, to demonstrate that we can actually do these things very well.

Asante sana.

The Temporary Speaker (Sen. Veronica Maina):

Thank you very much, Sen. Catherine Mumma, even for the congratulatory message.

Sen. Joyce Korir, please, pass a message of welcome to the team.

Thank you very much, Madam Temporary Speaker, for also allowing me this chance to welcome a visiting delegation from Jomo Kenyatta University of Agriculture and Technology. I am an alumnus of the same university. That is where I did my diploma in county governance and leadership. As I welcome you to this House, we are expecting more alumni of the same university to be in this House.

Madam Temporary Speaker, allow me to congratulate you on having been elected to the office of the Deputy Majority Leader. I know you; we know your leadership. Many have spoken about it. You have been the Secretary General (SG) of a very strong party, the ruling party, and I know you will spur this House to greater heights. We need more women. May God bless you. We know that together we can.

I thank you.

The Temporary Speaker (Sen. Veronica Maina):

Thank you for the kind compliment. (Resumption of debate on Motion) Now, we will have Sen. Cherarkey Samson contributing to the Motion that was on the Floor of the House.

Sen. Cherarkey:

Thank you, Madam Temporary Speaker, Secretary General (SG) emeritus of the ruling party United Democratic Alliance (UDA) and Deputy Majority Leader. With all indulgence, allow me to first pass my deepest condolences for the unfortunate demise of your beloved Dad, Mzee Joseph Nduati. We thank God and pray for his soul. May he continue resting in peace. We prayed and stood with you as a Senate and we will continue to do so.

We thank Mzee Nduati because out of him, we have a very strong woman leader in this country. I know your Deoxyribonucleic Acid (DNA) is only biased towards winning elections because you midwifed Jubilee and we won an election; you midwifed UDA and we won the election. Even in this broad-based Government that is coming, we will also win the 2027 re-election of His Excellency President (Dr.) William Ruto now that you are at the centre of things.

As we pray for your family, relatives and the people of Murang’a, we wish you well and pray for you. Apologies that on that day, the weather was not very kind to some of us. It could not allow us to fly into the venue but we are with you and we are praying for you.

Secondly is to congratulate you and thank President William Ruto, the Party Leader and Prof. Kithure Kindiki the Deputy Party Leader of UDA of the ruling party for nominating and appointing you as our Deputy Majority Leader. As a ranking Member of this House, I commit and pledge my full undivided loyalty to you, the leadership of the House and the Broad-Based Government and its leadership.

Madam Temporary Speaker, I am happy that your colleague in the Speaker’s Panel, Sen. Mumma, has acknowledged that this is a challenge, that what men can do, women can do better. We will give you the full support in the remainder of this term. We will expect you to vie as the Senator of Murang’a County. There is someone you need to

teach how to be a leader. Leadership is not activism or shouting in rallies. It is the delivery of service to the people of Murang’a.

Going straight to this Motion, I congratulate Sen. Hamida Kibwana, the brand- new Chairperson of the Standing Committee on Roads, Transportation and Housing, for hitting the ground running. I think in the near future; we might have a female President. Unfortunately, the running mate position is already taken by Prof. Kithure Kindiki. If it had not, we would have given a female running mate to President William Ruto. I hope the others in disunited opposition will take notes and maybe pick a female as a running mate.

I thank the Chairperson of the committee, Sen. Hamida, for this report on the issue of title deeds. We have a whole chapter on land and environment in our Constitution. The sanctity of title deeds has been misused. In fact, the sanctity of title deeds has been reduced to be like a tissue paper. Buying land is no longer a viable investment because there is a disease called “grabiosis”, in this country.

Look at this Motion, about the delayed issuance of title deeds to residents of Jamii Bora Estate, I am told this estate was started in 1999 and the people who bought it have never received their title deeds. It has over 900 houses and it sits on 102.5 acres of land. It is very unfortunate. I am happy that the students from Jomo Kenyatta University of Agriculture and Technology (JKUAT) are in the House following this debate. We want them to grow, get jobs and buy land and property because when you get that title after paying the purchase price, it should give them the comfort of having collateral security. They should be able to sleep at night.

The sanctity of ownership of property has been provided for and protected by the Constitution. What Jamii Bora Directors and affiliates did was like a Ponzi Scheme where hard-working Kenyans put their resources and money into the purchase of this property. There are many predators who take advantage of innocent Kenyans who sacrifice to take loans and buy property.

I am happy with the findings of this Committee, that the conversion of the land must be moved from freehold to leasehold within two months. I hope we can track the implementation so that the residents of Kisaju, who petitioned the Senate, can enjoy the ownership of their property. The pride of any person is to own property; we do not want to lose the value of collateral security when you go for a loan.

Madam Temporary Speaker, if it is about sectional property, we did pass the Sectional Property Act. I thank His Excellency the President because now, we are seeing affordable houses across the country. You are one of the drafters of the UDA Manifesto. You know that one of our cornerstones was the Affordable Housing Programme. We have a struggle to ensure that there is titling of sectional ownership of apartments within that system. Even Kenyans who own houses in Kilimani and other parts should have sectional property title.

Madam Temporary Speaker, there are people who are predators of property in this city. They steal land from the elderly, especially the Asians. I have received so many complaints that people go to Karen, Runda and upmarket estates in Nairobi, Mombasa, Eldoret and many other cities to identify elderly Asians. They then organise goons to chase them away and they take over their property. Even white people are losing property

to the goons. I ask the membership, led by the Chairperson of the Standing Committee on Roads, Transportation and Housing to follow up on that, where the elderly people and widows are being dispossessed of their properties. I watched a story of widows losing their property. When one loses their husband, the relatives and other people take advantage and mistreat the widows and their children. This is also part of what we are talking about today. The widows of this country have a right to own property and women have a right to own property.

My culture and even that of the Commissioner of the Parliamentary Service Commission (PSC) who comes from Bomet County, the Kalenjin culture, we did not allow women and daughters to inherit their father's property. However, with the Constitution, it is now possible. Women and daughters have equal access to ownership and inheritance of property even if they are married elsewhere in Murang’a or Kisumu and they come from either Nandi or Bomet. This dispossession of property, especially to widows and elderly Asians and whites is very unfortunate.

The other problem that we have is that of the absentee landlords in the coastal region. We also need to sort out that issue where people own property, but they are never seen. This is what is fueling grabbing of property and land in this country.

Madam Temporary Speaker, I was having tete-a-tete without knowing that you have travelled a lot more than me across the globe and have interacted with the diaspora community. Many people do not know that within one financial year, the diaspora remittances to this country comes to Kshs1 trillion. It has surpassed tea, coffee, tourism and any agricultural exports to any country.

Madam Temporary Speaker, I would like the Chairperson to note that there are many Kenyans in the diaspora who purchase property. However, companies like Jamii Bora have conned them their hard-earned money. When you travel to America which had midterm elections –I was warning the disunited opposition that what happened in America should teach them a lesson here in Kenya. They will not win any seat. With the broad-based government, we will win all the seats across the country and of course, President William Ruto will get re-elected and then in 2032, the Orange Democratic Movement (ODM) can have a presidential candidate.

Most Kenyans in the diaspora; America, Australia and many other parts have to work three to four jobs. I do not know whether our brothers and sisters from JKUAT know that when you are in America, you earn as you pay the bills. You have to do three to four jobs. If you are married, you rarely see your wife or your husband because when you are coming out, your wife is going for another job. When the wife is coming in, the husband is going out. Some instances have led to the breakdown of marriages because intimacy and other things that happen in marriage become story telling sessions.

Madam Temporary Speaker, what I am saying in a nutshell is that most of these people who are in diaspora sacrifice a lot to ensure that they remit money to Kenya. However, companies like Jamii Bora, a multinational, started in 1999, and SACCOs have taken advantage of Kenyans and have conned them. This is a ponzi or a pyramid scheme where Kenyans have paid their money but did not get value.

I, therefore, challenge the Committee on Roads, Transportation and Housing to prepare a law for Kenyans who bring their money to invest in some of these property or

housing schemes in the country in order to protect the diaspora community because they bring more than tea farmers in Murang’a. I am aware that tea farmers in Murang’a, Bomet, Nandi and Kiambu had low bonuses. The tea pricing has plummeted over time and we have had discussion that the biggest danger threatening tea is how directors manage most of these tea factories. Even in Nakuru, there is also tea and my farmers did not get better bonuses. We must sit as a House and agree that even as we encourage the diaspora to invest, earn more and remit more, we must protect local farmers.

Madam Temporary Speaker, I hope when the manifesto of UDA and the ODM broad-based government comes out, you must be given a chapter because you are the one who moved us to pass the law on guaranteed minimum returns to our farmers. The average age of farmers in this country, including Murang’a and Nandi, is above 56 years. These ladies and gentlemen, who are your guests, do not want to go to farming because it is not giving value. You invest a lot but you lose more. I know there is a saying on TikTok and social media that people are doing everything to avoid farming. It is commonly being used.

Looking at the recommendations that we have done, the Chairperson of the Committee on Roads, Transportation and Housing should make sure the process has been done in two months. If you want to know that this lady, of Jamii Bora who has been mentioned here - Sophia Ingrid, has a ponzi scheme-like mentality - is that she took Kshs100 million as collateral of this property while selling to these Kenyans, who are innocent, as a clean title. Which other kind of conmanship, duping or pyramid scheme is worse than taking Kshs100 million against payments that have been made by these Kenyans? This is what is killing trust in this country. I would have expected, if the Chair could amend this report, to commence proceedings against the estate and owners of this company because this is criminal.

Madam Temporary Speaker, somebody was arguing that if you go to the Senate’s parking and the National Assembly’s parking, you will see the difference. Most Senators, because we are humble people, do not have a lot. We drive a maximum of Prado 120 TX. You can see the 120 TX outside the Senate parking. However, when you glance over at the National Assembly, you will see V8, VX, Lexus 600, Rolls Royce or something like that and many other names that I cannot mention. If I had to sell you my humble 120 TX Prado or take the logbook to borrow money at the Cooperative Bank, maybe I would get Kshs1.5 million. We may even do a sale agreement but then you later realize that I had charged the logbook. That is criminal. Therefore, the Chairperson must recommend that they be charged for criminal acts against the proprietors of this company. That is what I added.

The other issue I wanted to mention on the recommendations of this committee is the aspect of changing from the Land Control Board (LCB) because we know Kajiado is agricultural like Murang’a. The conversion from freehold to leasehold should be effected within 32 months and through the Speaker. The Chairperson could engage the Ministry of Lands, Public Works, Housing and Urban Development and NLC to ensure that this conversion is done so that when you report back to the House, we can have that.

On the land registration, L.R No.Kajiado/Kisaju/58, the advocates must release the title deeds. For us who are practicing advocates in this country, including you being

one of the senior lawyers, I hope before the close of this session, you will be awarded the status of senior counsel because you midwifed two political parties that won elections. There are people who have run for offices in this country but they have never won even the chairperson of cattle dips. Others have been impeached.

Madam Temporary Speaker, you have done well for this country. Sen. Mumma knows that when you become a chairperson of the Law Society of Kenya (LSK), you are awarded the senior counsel title, even if you did nothing but just winning. Why not award you so that our women, girls, ladies and daughters can feel inspired? For advocates, the Advocates Act is very clear. It is illegal to detain a document like the title.

We have a government which is doing the railway line. We also want to ensure that the compensation is done promptly as per the Constitution. I would have expected my colleague from Nyamira and you were moderating the session then who was arguing that the government would not take the railway to Nyamira. I wanted to inform him, and I know that he will see in the HANSARD that yesterday, on Sunday, the President, launched the Mawawa Railway Station, one of the biggest inland depots in Nyamira. It is passing of the SGR through Ikonge where Bomet, Nyamira and Kisii will share.

There are two stations being worked on courtesy of the leadership of Dr. Mainga Phillip of Kenya Railways. The railway line will extend all the way to Kisii, Kisumu and the border between Kenya and Tanzania. You know, the former President Uhuru Kenyatta, who was your good friend because you were the Secretary General then, built us a railway to nowhere. It ended somewhere in Narok.

As we do government projects, we do not want to create what we call infrastructural evictees. We have what we call forest evictees and land evictees in this country. However, there are new infrastructural evictees who emerge when a project of the government is being done. I thank the Kenya Railways, NLC and the Ministry of Roads and Transport for ensuring that as they do these projects, they are compensating Kenyans as legal owners of title deeds.

Madam Temporary Speaker, remember Aliko Dangote, one of Pan-African sons said; “I have wealth but I will not invest outside Africa.” The Dangote Oil Refinery will create 60,000 plus jobs. I encourage students from JKUAT, if it is not too much to ask, that if you have done your degree in any faculty, you also make sure you go and study a degree, diploma or masters in oil and petroleum because Kenya is going to be one of the biggest hubs of oil and petroleum exporters. We will need 60,000 plus expertise who will work in Aliko Dangote and main consultants.

The Temporary Speaker (Sen. Veronica Maina):

You have two minutes to wrap up.

Sen. Cherarkey:

As I wrap up my Solomonic submissions, even here in Turkana, we have Tullow oil doing exploration. I challenge students to do courses on mining, oil and petroleum because these are the best. There is diversity in the field and Aliko Dangote will create more opportunities for our people.

So that we prevent what Jamii Bora is doing to Kenyans, we must ensure that we follow the law. There are many SACCOs, companies of property and real estate which are taking advantage of Kenyans. I appeal that we have an inventory to ensure they are not taken care of.

I challenge the diaspora and other Kenyans--- If these companies of real estate and property are too much trouble, there are affordable houses that are being done by the government and Kenyans could purchase them through the Boma Yangu platform.

I thank the committee and hope these Kenyans will get justice and titles within the appropriate time.

The Temporary Speaker (Sen. Veronica Maina):

Thank you, Sen. Cherarkey. Truly, I must accept that was Solomonic submission this afternoon and without any fights with anyone.

Thank you, Madam Temporary Speaker. I support the report by the Committee on this issue on Jamii Bora Estate in Kisaju in Kajiado County.

This issue goes beyond Jamii Bora. We have a lot of issues in Kenya where innocent purchasers buy property but do not end up enjoying their property rights, because of issues that have nothing to do with them.

We have to ask ourselves; at what point does delay in issuance of title amount to denial of property rights? We know that in this country owning a property is not a small thing. People get mortgages and loans, save forever and sacrifice even family comforts to own property. Once they buy the property, they do not get to enjoy it but end up going to court to follow on their title. My question is very simple. Why does an innocent buyer, an innocent purchaser, or a family need to get involved in issues that the developer had with the banker and all these matters that are making them not enjoy their property rights?

There is a lot you can do with a title deed. You can even get credit, sell and do a lot of things. This is happening even at a background where Kenya and this administration is pursuing affordable housing and ownership of homes right at the very bottom of the pyramid.

You know we also have to protect these people, the “hustlers” who are owning these houses that are quite affordable, at Kshs1.4 million with an installment of Kshs3,900, and that speaks to the level of the person who is purchasing this house. It is not enough to just hand them keys. We have to ensure that their ownership is secure and they get to enjoy what it means to have a title deed. This is because a title deed is not just a document. It is peace of mind; confirmation of ownership and you can do a lot with that title. I think we need to take this opportunity as a House to make sure that we protect the consumer, because this petition raises serious questions about consumer protection in the housing sector.

We need to have a good coordination between the county government, the Ministry of Roads and Transport, and also the lending institutions. Where there are no approvals or relevant Government documents for a smooth transfer, we need to change that so that Kenyans are protected.

There is also a habit where developers sell a house, give possession and do not follow up the complete the legal process. We know the process that happens at Ardhi House once they already have money, which is also an injustice to homeowners.

We need to do more as Parliament. I know that this petition is about one estate. However, we need to take this chance. We are discussing this now to ensure that we put policy that protects all homeowners to enjoy quiet ownership of their property, their hard- earned property, and to protect them in general.

I support.

Thank you, Madam Temporary Speaker, for giving me also this chance to contribute on this very important report.

The challenges that we are facing in this country pertain to land issues and the title deeds are enormous. A title deed is evidence of ownership but the legality of the process through which it is acquired also matters. We have been having a number of challenges. I know you have seen the Head of State moving around and at some point trying to issue title deeds to a number of families who have been affected for quite some time, including in Mombasa, Mau evictees, among others.

I have been lucky to be a part of the leadership of a county government where there are a number of procedures that are supposed to be undertaken for the legal ownership of the land. It is high time that the relevant committee of the House sits down and maybe looks at ways of strengthening the County Land Boards.

Land issues are very emotive and there are a number of cases across the counties that are affecting our people to an extent that you can be having a legal document that is entitled in, but still, you are not the legal owner of that land. The reason is that a lot of fraudulent transactions that have been happening across the country end up affecting innocent Kenyans. They have tried as much as possible to use the right channel. Unfortunately, our offices sometimes are being used to encourage scam to an extent that our people are being affected.

Today, we have a number of evictees across the country, not because they do not have the title deeds but because of the way they have acquired them. This is a Government document that you are supposed to be proud of because it has the seal of the Government. However, you will find the same seal and the same document that you are having is also held by another person.

Madam Temporary Speaker, the document you are holding is what another person is holding; the same document. It is high time the relevant boards critically examined the officers involved in processing these documents, starting from the surveyors all the way to the directors in the Ministry of Lands, Public Works, Housing and Urban Development.

One Ministry that is full of cases is the Ministry of Lands, Public Works, Housing and Urban Development. For one to obtain these documents, you go through a lot and pay many charges, be it taxes, processing fees, succession fees or any other fees. Our people undergo a lot but sometimes end up even being evicted. You may have your own document and your title deed, but you end up on the streets because another person has been issued with the same document yet, the people issuing these documents remain in office.

Madam Temporary Speaker, it is high time we looked into this matter and ensure that anyone who goes against the law faces the full force of law. We should stop this because these are public officers. Chapter Six of the Constitution is very clear on matters of integrity. One person is allowed to mess up an entire community, yet all these documents bear official seals and signatures of the relevant officers who processed the transactions.

I believe that if the Government cracked down on the rogue officers issuing these documents that are misleading Kenyans and causing them to be evicted, we would address many of these challenges. Sometimes, you even find that land belonging to a public institution has been allocated to an individual. I have been handling a case involving public land. I was taken to court simply because I repossessed that land for the public. As we speak, there is a university sitting on the land, but the case is still in court because of documentation processed by officers sitting in the same offices.

Madam Temporary Speaker, I urge the committee to examine such matters critically whenever they arise. Before going further, we also need to examine what county governments are doing because I have seen issues relating to conflicting submissions by developers and county governments. A number of developments have been undertaken without county government approval. That is why, sometimes, we lose lives. Remember, the other day we lost people when an apartment building collapsed in Eastleigh. Some people are still buried there. These are developments done without the necessary approvals and documentation.

One wonders why we have such ministries and departments if they are not keen on ensuring that developments are approved and inspected. At the end of the day, we should not allow Kenyans to invest their money only to suffer losses because proper procedures were not followed by the people trained and mandated to guide them.

Madam Temporary Speaker, the mess starts in our offices. Kenyans are suffering because of our officers. They are the ones issuing the documents. We even have cases involving banks. One of the matters before us concerns a landowner who took a loan. For one to secure a loan to purchase land, several checks are supposed to be undertaken. I wonder how matters were allowed to deteriorate to the point of putting these people in a total mess. You invest a lot of money hoping to own a house but because of fraudulent acquisition processes, you end up in a complete mess. We need to re-look our offices, officers and the documents being signed and the approved.

Madam Temporary Speaker, I remember the other day when the Governor of Nairobi City County and the Members of County Assembly (MCAs) were fighting over who approved this building. It is so funny. We have the technical team that is supposed to guide the Governor. Governorship is a political office. We have the technical team who are supposed to guide the governor in terms of the approval processes; change of ownership, the approvals that are being done and checking on the structure that is being put up. We wait for all these messes to happen until we lose lives. We have now started the blame games of whether we approve this or not yet; it is in our vicinity. It is one of the mandates that we are given.

We need to get a bit serious. I want to urge the Members of the committee that they still have to look at these county boards so that if there is need to strengthen them, at least, they assist Kenyans in terms of the processes that are involved in getting the titles. They may change them and get their documents legally. Otherwise, I support the recommendation by the committee and them to move with speed and make sure that this thing is implemented to the letter.

I thank you.

The Temporary Speaker (Sen. Veronica Maina):

Thank you, Sen. Joyce Korir. Truly, that Motion raises very crucial questions on titling and land ownership in Kenya and the many issues that are affecting this sector and causing hue and cry by the public. Thank you, committee, for dealing with the matter.

I want to call the Mover now to reply. Sen. Hamida Kibwana, you may proceed.

Thank you, Madam Temporary Speaker. First, I want to appreciate all my colleagues, distinguished Senators, who have contributed to this Motion. I beg to reply and request to defer putting of the question to a later date pursuant to Standing Order No.66(3). (Putting of the Question on the Motion deferred) Madam Temporary Speaker, allow me to also congratulate you for the new position. I know you have what it takes to be the Deputy Majority Leader in this Senate. You have our support as KEWOSA and as women Senators. I am so sure you will not let us down. We congratulate you again and we wish you all the best.

I thank you.

The Temporary Speaker (Sen. Veronica Maina):

Thank you very much, Sen. Hamida Kibwana and all the Senators for the congratulatory messages. (The Clerk consulted the Temporary Speaker) Hon. Senators, I beg to reorganise the Order Paper and defer Order Nos.11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 to the convenience of the House. We need to be queried when these Orders are being moved or when that business is being conducted.

MOTION

ADOPTION OF REPORTS OF THE COMMITTEE ON DELEGATED LEGISLATION ON TRAFFIC RULES AND NATIONAL TRANSPORT AND SAFETY AUTHORITY REGULATIONS

THAT, the Senate adopts the Reports of the Select Committee on Delegated Legislation on its consideration of the –

i) The Traffic (School Transport) Rules, 2026 (Legal Notice No. 11 of 2026; ii) The Traffic (Motor Vehicle Inspection) Rules, 2026 (Legal Notice No. 13 of 2026); and

iii) The National Transport and Safety Authority (Operation of Commercial Vehicles) Regulations, 2026 (Legal Notice No. 14 of 2026); laid on the Table of the Senate on Wednesday, 10th June, 2026; and that pursuant to Section 18 of the Statutory Instruments Act, the Senate resolves to annul the Traffic (School Transport) Rules, 2026 (Legal Notice No. 11 of 2026; the Traffic (Motor Vehicle Inspection) Rules, 2026 (Legal Notice No. 13 of 2026); and the National Transport and Safety Authority (Operation of Commercial Vehicles) Regulations, 2026 (Legal Notice No. 14 of 2026).

MOTION

ADOPTION OF REPORT ON CONFERMENT OF CITY STATUS TO THIKA MUNICIPALITY

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on the conferment of City status to Thika Municipality, laid on the Table of the Senate on Wednesday, 15th July, 2026 and, that pursuant to section 8 (6) of the Urban Areas and Cities Act, approves the conferment of City status to Thika Municipality.

MOTION

ADOPTION OF REPORT ON COOPERATION AGREEMENT BETWEEN THE NATIONAL GOVERNMENT AND NAIROBI CITY COUNTY GOVERNMENT

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on the Cooperation Agreement between the National Government and the Nairobi City County Government laid on the Table of the Senate on Wednesday, 15th July, 2026.

MOTION

ADOPTION OF REPORT ON THE COOPERATIVES BILL (NATIONAL ASSEMBLY BILLS NO. 7 OF 2024)

THAT, the Senate adopts the Report of the Mediation Committee on the Cooperatives Bill (National Assembly Bills No. 7 of 2024), laid on the table of the Senate on Wednesday, 4th November, 2026; and that, pursuant to Article 113(2) of the Constitution and Standing Order 167(3) of the Senate, approves the mediated version of the Bill.

BILL

Second Reading

THE PUBLIC PARTICIPATION BILL (NATIONAL ASSEMBLY BILL NO.44 OF 2025)

(Bill deferred)

COMMITTEE OF THE WHOLE THE PUBLIC FUNDRAISING APPEALS BILL (SENATE BILLS NO.36 OF 2024) THE REFERENDUM BILL (SENATE BILLS NO.3 OF 2026) THE ENVIRONMENTAL MANAGEMENT AND COORDINATION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO.66 OF 2023) THE CULTURE BILL (NATIONAL ASSEMBLY BILLS NO.12 OF 2024) THE SEEDS AND PLANT VARIETIES (AMENDMENT) BILL (SENATE BILLS NO.4 OF 2025)

(Committee of the whole deferred)

The Temporary Speaker (Sen. Veronica Maina):

I also beg to defer Order No.23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35 because, the movers are required to be present in the House when those orders are being prosecuted.

MOTION

ADOPTION OF REPORT ON PETITION ON EVICTION OF KOROGOCHO COMMUNITY LIVING ALONG NAIROBI RIVER CORRIDOR

THAT, the Senate adopts the Report of the Standing Committee on Land, Environment and Natural Resources on a Petition by Mr. Hezekiah Kuria Karanja and others concerning the eviction of Korogocho community living along the Nairobi River Corridor after its declaration as a Special Planning Area, laid on the Table of the Senate on Wednesday, 16th September, 2026.

MOTION

ADOPTION OF REPORT ON NON-COMPENSATION AND DELAYED ISSUANCE OF TITLE DEEDS TO RESIDENTS OF JAMII BORA ESTATE IN KAJIADO COUNTY

THAT, the Senate adopts the Report of the Standing Committee on Roads, Transportation and Housing on a Petition to the Senate by Mr. Calvin Luther Munayi and other residents of Jamii Bora Estate regarding the delayed issuance of title deeds to residents of Jamii Bora Estate in Kisaju, Kajiado County, laid on the Table of the Senate on Wednesday, 23rd September, 2026.

BILLS

Second Readings

THE AGRICULTURE AND FOOD AUTHORITY (AMENDMENT) BILL (SENATE BILLS NO.13 OF 2023) THE KENYA HEALTH PRODUCTS AND TECHNOLOGIES REGULATORY AUTHORITY BILL (NATIONAL ASSEMBLY BILL NO.54 0F 2022) THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE BILLS NO.20 OF 2024) THE PUBLIC SERVICE INTERNSHIP BILL (NATIONAL ASSEMBLY BILLS NO.63 OF 2022) THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM OFFICE) PROCEDURE BILL (SENATE BILLS NO.34 OF 2024) THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO.39 OF 2024) THE CROPS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO.8 OF 2023)

(Bills deferred)

MOTION

ADOPTION OF REPORT ON STAKEHOLDER FORUM ON CHALLENGES FACING THE SUGAR SECTOR

THAT, the senate adopts the Report of the Standing Committee on Agriculture, Livestock and Fisheries on Stakeholder Forum on the challenges facing the sugar sector held at Mabanga Agricultural Training College in Bungoma County on 26th May, 2026, laid on the Table of the Senate, on Wednesday, 5th August, 2026.

MOTION

ADOPTION OF REPORT ON SESSIONAL PAPER NO.1 OF 2025 ON FOREIGN POLICY OF THE REPUBLIC OF KENYA

THAT, the Senate adopts the report of the Standing Committee on National Security, Defence and Foreign Relations on Sessional Paper No. 1 of 2025 on the foreign policy of the Republic of Kenya, laid on the table of the Senate on Tuesday, 31st March, 2026.

MOTION

NOTING OF REPORT ON ACTIVITIES AND OPERATIONS OF SELECT COMMITTEES DURING THE THIRD SESSION (2024)

THAT, the Senate notes the Report of the Liaison Committee on the activities and operations of Select Committees during the Third Session (2024) pursuant to Standing Order 224 (2), laid on the Table of the Senate, on Wednesday, 28th May, 2025.

MOTION

NOTING OF REPORT ON ACTIVITIES AND OPERATIONS OF SELECT COMMITTEES DURING THE FOURTH SESSION (2025)

THAT, the Senate notes the Report of the Liaison Committee on the activities and operations of Select Committees during the Fourth Session (2025)

pursuant to Standing Order 224 (2), laid on the Table of the Senate, on Thursday, 18th June, 2026.

ADJOURNMENT

Hon. Senator, there being no any other business on the Order paper, the Senate stands adjourned until tomorrow, Wednesday, 11th November, 2026 at 9.30 a.m.

The Senate rose at 5.25 p.m.

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