Tuesday 12th May, 2026

Clerk, do we have quorum?

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

We now have quorum. Clerk, read out the first Order.

multilateral cooperation. The delegation is in Parliament to engage with their counterparts on these matters.

I request each member of the delegation to stand when called out, so that you may be acknowledged in the Senate tradition. I will call out these names, but bear with me; I will not pronounce them in French, but in English.

Thank you, Mr. Deputy Speaker, Sir. I join you, on behalf of the House, to welcome the delegation of Members of Parliament from the French National Assembly and the Senate, who are visiting with us this afternoon. Like you have observed, I had rightly suspected that they are part of the

Africa Forward Summit that is being hosted by the President alongside the President of France---

Order Senators. We have colleague dignitaries from the Parliament of France. Sen. Boni and Sen. Cherarkey, order.

The Senate Majority Leader, proceed.

Thank you, Mr. Deputy Speaker, Sir. I would rather begin because I suspect that probably, the guests did not get a chance to hear to what I was saying.

On your behalf and that of my colleagues, I join you in welcoming this distinguished delegation from the French National Assembly and the Senate, who are part of the ongoing Africa Forward Summit. The Africa Forward Summit is a celebration of two cultures that is being spearheaded by our President and the President of France, who seems to be having a good time in Nairobi. I have watched his interactions with young people and the not so young and it has been quite a good time.

I hope that in the course of interaction this afternoon, they will witness Parliament in its rawest form, raw and uncut, where we sometimes agree and sometimes, disagree. That is nothing unusual because I have also had the opportunity to watch the proceedings of their Parliament and sometimes they also have a go at each other just like we do here.

I appreciate that they chose to visit the Senate for a chance to interact with Members in the course of their visit this afternoon. I appreciate and wish them well and hope that they will enjoy everything that Kenya has to offer during the daytime. However, they should know that it is even better at night. They should not restrict themselves to their official places and restaurants. They should venture out at night and see Nairobi in the night, which is extremely beautiful.

I thank you, Mr. Deputy Speaker.

Hon. Senators, I have another Communication regarding a visiting delegation of teachers and students from Visa Oshwal Junior School, Nairobi City County.

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon of a visiting delegation of five teachers and 71 students from Visa Oshwal Junior School in Nairobi City County. 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.

Thank you. Sen. Tabitha Mutinda, you approached me saying that this group is here courtesy of you. Proceed to welcome them in under two minutes and then I will give Sen. Sifuna two minutes because he is the Senator representing Nairobi City County.

Thank you, Mr. Deputy Speaker, Sir. I take this opportunity to welcome the great students of Visa Oshwal Primary School in Parklands, Westlands Constituency. Feel at home; this is your space of leadership where Parliament opens doors for young learners like you, to come and learn how we conduct business in this House. Also feel that one day, you can belong in this particular space that is for everyone.

As your representatives here, we legislate, make laws, represent you and also do oversight. We have the Speaker who is the head of the House just as you have a head teacher in your institution. I ask you to follow your school rules and enjoy your studies; you have a bright future. You all look good and you are beautiful.

Mr. Deputy Speaker, Sir, allow me to really thank the headteacher of Visa Oshwal Junior School, Mr. David, for agreeing to admit Jackson Tito, the young boy from Dandora whose life has been out in the public. The school accorded him the academic opportunity to study at Visa Oshwal. I also thank Kenyans for finding it fit to support this young man.

Tito is from Dandora where he had to leave everything so as to take care of his four siblings and they would occasionally sleep hungry. Today, Tito is seated here in this Gallery with his beautiful classmates. I congratulate the school and wish each and every student a great opportunity as you continue pursuing your career and academic excellence.

I would like to let every parent know that this is a safe space for each and every young learner. No parent should feel uncomfortable when their children visit this House. This is an open House of integrity and dignity. It sets the highest standards of ensuring that we welcome our young learners and accord them the respect that they fully deserve.

With those many remarks, I appreciate you, Mr. Deputy Speaker, for giving our leader of delegation, Sen. Sifuna, a chance to extend his fatherly words to all the children, specifically, Jackson Tito.

Thank you, Mr. Deputy Speaker.

Sen. Tabitha Mutinda, I might decline giving Sen. Sifuna a chance because you are intervening in my space; it is not your mandate to do that.

Sen. Sifuna, kindly utilise the two minutes.

Mr. Deputy Speaker, Sir, I hope the French delegation and the children from Visa Oshwal notice that immediately my name is mentioned in this House, there is unnecessary ruckus. Everybody knows that I am a father; my daughter is nine years old. So, when a member of my delegation says, “I extend fatherly words to the students of Visa Oshwal,” I do not know why people get excited. You think you are the only fathers on this Floor? Where we come from, we are capable of being fathers and I confirm it here.

Without these distractions and for the benefit of the French delegation before I turn to the students; you have a very wonderful team at the French Embassy in Nairobi. I hope Mr. Arnaud is still there. There is a very good representative of the French people.

We have had a lot of support from that Embassy for many programmes that are run in Nairobi in some of our poorer communities like Kibera. They have supported art and music, run a fantastic school here in the middle of Nairobi called Alliance Française. Unfortunately, I have never had the opportunity to learn much of the French language. You are welcome and we thank you on behalf of the people of Nairobi.

We thank the people of France for their friendship and for the support that has been extended through that embassy in Nairobi. Now, those who remember, there was an issue about the land Visa Oshwal stands on. We were all very scared because we were staring at the possibility of all these learners not having a school to go to.

I am happy that as a leadership here in Nairobi, we continue to push for Visa Oshwal Primary School to always remain what it has been. As your representative, I hope every day that you are proud of the work that we do here on the Floor of the Senate to give you an environment in which you can learn. I take this opportunity to welcome you.

Before that Order, let us listen to the Majority Leader.

Mr. Deputy Speaker, Sir, I hope you have noticed how full the House is at 2:50 p.m. It is because we mobilized, as expected, knowing that we have a short time this week being our last week before we break for recess. We agreed this afternoon at the Senate Business Committee (SBC) that we will go straight to concluding very important business that is before the Floor - about 11 Bills that have stayed on our Order Paper for a while. I seek your kind indulgence that

we proceed as agreed in the SBC, that we go straight to that business. I can count that we have 24 delegations already in the House.

Lastly, there is a matter concerning Meru County on stoppage of funds. Today is the statutory deadline. The Chairperson of the Committee had assured me and the SBC that at 2.30 p.m. he will be tabling that report. It is 2.54 p.m. and I do not see that report. These are the things that make the Senate look bad. It is not good if a report is cancelled or by operation of the Senate not considering it or us not having a vote on it. I have seen various members of the Committee on Finance and Budget here, like Sen. Faki and Sen. Eddy. The House begins at 2.30 p.m. They cannot be telling us that the report is coming and it is 2.50 p.m.

Mr. Deputy Speaker, Sir, can you, please, order that the Chairperson of the Committee on Finance and Budget goes to fetch that report and comes back with it as a sign of seriousness to the business? Meru is a very serious county. How can the Chairperson of the Committee on Finance and Budget undermine the people of Meru?

Mr. Deputy Speaker, Sir, do something.

But the Majority Leader has already cited. There are two things you have requested. One, that we move straightway to the Divisions. Two, to have the report on Meru County tabled by the Chairperson. He promised to do so. I have no doubts that the Chairperson is ready to do that any time. I can read his mood and see he is ready to table.

So, Majority and Minority Leader, can we agree that we go to Divisions now. Order No.7 was read out by the Clerk, so we move to the Statements.

Hon. Senators, let us transact business as we wait for more Members to come in.

Therefore, I will reorganise the Order Paper. We will defer Order Nos. 7, 8, and 9. We will move to Order No. 10.

and County Assembly Service Boards to build capacity for gender analysis among technical and legislative staff;

iv) Urges the State Department for Gender to submit to Parliament a comprehensive biannual report detailing actions taken by Ministries, Departments and Agencies to promote gender mainstreaming, key achievements, emerging challenges, and proposed interventions; and

v) Resolves that the Standing Committee on Labour and Social Welfare continuously monitor the implementation of these resolutions and tables biannual report on the status of implementation.

The debate on this one was concluded. So, the Mover will reply in 1.05 minutes.

Mr. Deputy Speaker, Sir, I want to take this opportunity to thank you for the opportunity you have given me to reply on this very important Motion. I also want to take this opportunity to thank all the Senators who ably contributed to this Motion.

This Motion is on the need for gender mainstreaming in legislative and policy matters, and the need to ensure that we have gender equality. It seeks to ensure that half the population of women and girls are not left behind on matters of development and human rights. They are to be affirmed and empowered for them to realise their full potential, which is why they were created.

Mr. Deputy Speaker, Sir, I want to note, with a lot of appreciation and gratitude that in yesteryears, it was difficult for anybody to prove that our male colleagues appreciated the need for gender equality. However, having listened to the quality of debate and the submissions that were done by some of the Senators in the House, who are our male allies on matters of gender equality, I noted that this Parliament is ready to tackle Bills like the one on the two-thirds gender implementation constitutional amendment. That Bill will bring women at par with men within the Republic of Kenya.

I know we have very little time. I thank all the Members who contributed to this Motion. I also want to plead and persuade all the Senators in this House to do the best that they can for the women and girls in our homes. They should do that to our mothers, sisters and daughters. They should ensure that this Motion is passed. If we do that, any programme or policy carried out by the Government or legislative work done by Parliament will take into consideration the fact that we have two genders in Kenya. We will appreciate that we have male and the female and both are equally important.

This Motion was not about competition. It was about appreciating the contribution done by the great women within the Republic of Kenya. We cannot ignore or sweep under the carpet the contribution of women at the levels of governance and leadership. The great contribution done by your wives and daughters within the domestic setting cannot also be taken for granted.

I am very happy to reply and seek that all the Senators, both male and female, support this Motion and at a later date, support the constitutional amendment on the implementation of two-thirds gender principle. If we do that, we will not give Kenyans more stories about gender equality. Instead, we will lead by example by supporting.

The Motion on gender implementation failed 12 times within the Parliament of Kenya. I am sure this Parliament and this Senate, will speak loudly and ensure that that shame is removed from our records and history. This Senate will ensure that the women in Kenya will get gender justice. This Parliament will do so by passing and implementing the Bill.

The Senate Majority Leader, do not be too much in a hurry because of gender equality. If you ask the people in your house, they will be very happy to support.

With those many remarks, I beg to reply. Thank you, Mr. Deputy Speaker, Sir.

Clerk, confirm that we have a quorum?

Order, Sen. Veronica Maina. I want to ascertain that this matter does not concern counties.

Clerk, next Order.

Mr. Deputy Speaker, Sir, I thank the Members for speaking to this Bill.

I beg to reply.

So, this means division. We must go to division. It is not a voice vote. Therefore, Majority and Minority Leaders, prepare for divisions. We are going for several divisions. So, we must be patient. Ring the Quorum Bell for five minutes.

Okay. Serjeant-At-Arms, close the doors.

But the five minutes are over.

consulted with the Clerk-at-the-Table) Sorry, Serjeant-At-Arms. Serjeant-At-Arms. Ring the Quorum Bell for five more minutes.

Serjeant-at-Arms, you can now close the Door and draw the Bars.

Clerk, let us go to the next Order. We start with the divisions. Call out the Order. Which one are we starting with? Order No.11?

Order, Senators. We are going to Division. The Order has been called out. So, take your seats very fast.

Serjeant-at-Arms, can you collect the unattended cards. We are not using cards? I thought we went digital. Let us proceed and vote now. The vote is on The Equalization Fund Appropriation Bill (National Assembly Bills No.21 of 2025) .

Thank you.

Sen. Mohamed Chute, Sen. Madzayo Stewart, Sen. Murango James, Sen. Oketch Eddy, Sen. Seki Ole Lenku, can you approach the table and vote?

(Sen. Chute, Sen. Madzayo, Sen. (Dr.) Murango, Sen. Oketch Gicheru and Sen. Seki proceeded to the Clerk’s Table and voted)

Hon. Senators, the results of the Division are as follows-

Next Order.

You can proceed and vote.

Hon. Senators, the results of the Division are as follows-

(The Bill was read a Second Time and committed to a Committee of the Whole today by leave of the House)

Let us move on to the next Order.

Hon. Senators, we are voting.

Sen. Cherarkey, today you are not settling down because for the past one hour you have been moving across the aisle.

Hon. Senators, the results of the Division are as follows-

Clerk, let us move on to the next Order.

Proceed and vote.

Hon. Senators, the following Senators should proceed to the Clerk’s Table and vote: Sen. Eddy Oketch, Sen. Wakili Hillary Kiprotich Sigei and Sen. Mohamed Chute.

proceeded to vote by County Delegations) AYES: Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Faki, Mombasa County; Sen. Joe Nyutu, Murang’a County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo-Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wambua, Kitui County.

Hon. Senators, the results of the Division are as follows-

Hon. Senators, we now on the Division on the Health Amendment Bill

. Proceed to vote.

the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Faki, Mombasa County; Sen. Joe Nyutu, Murang’a County; Sen, Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo-Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wambua, Kitui County.

Hon. Senators, the results of the Division are as follows-

Clerk, let us go to the next Order.

Proceed and vote.

Sen. Oketch, go back. The way you crossed the aisle demands that you first clean your mess and follow the right method.

These are the results of the division-

These are the results of the division-

Hon. Senators, this is the last division before we go to the Committee of the Whole.

Proceed and vote now.

Serjeant-at-Arms, open the Doors and draw the Bars.

The Temporary Chairperson (Sen. Wakili Sigei): Chairperson Standing Committee on Finance and Budget, proceed to move the amendment. Sen. Roba, you are moving the amendment on the New Clause 5.

- THAT, the Bill be amended by inserting the following new clause immediately after clause 4—

Variation in revenue.

Mr. Temporary Chairperson, I beg to move: - THAT, the Bill be amended by deleting the Schedule and substituting therefor the following new Schedule—

- THAT, the Bill be amended by inserting the following new clause immediately after clause 4—

Variation in revenue.

SCHEDULE (s.4)

Mr. Temporary Chairperson, just a quick comment. We appreciate the introduction of the Fourth Schedule that has the increment of monies going to counties, from Kshs415 billion of last financial year, to Kshs420 billion, that was proposed by the National Assembly and then now, the Kshs454 billion proposed by the Senate. My only concern is on the issue of the Equalisation Fund. If you remember, there is Kshs62 billion that is yet to be released in the Equalisation Fund yet, the Committee is scheduling another Kshs10.2 billion through the Equalisation Fund. I need clarity in terms of non-remittance of the Kshs62 billion.

The Temporary Chairperson

: Sen. Cherarkey, that is noted but you will note that the matter on the Equalisation Fund is coming up under Order No.

The Temporary Chairperson (Sen. Wakili Sigei): Hon. Senators, we will proceed to deal with the Kenya National Council for Population and Development Bill (National Assembly Bills No.72 of 2023). Once we are done, we will get back to the Equalisation Fund.

Sen. Cherarkey, that is noted but you will note that the matter on the Equalisation Fund is coming up under Order No.

Mr. Temporary Chairman, Sir, on behalf of the Chairman of the Standing Committee on Finance and Budget, I beg to move:

THAT, Clause 8 of the Bill be amended—

Mr. Temporary Chairman, Sir, on behalf of the Chairman of the Committee on Finance and Budget, I beg to move:

THAT, Clause 14 of the Bill be amended by deleting subclause (3) .

Hon. Senators, we will proceed to deal with the Kenya National Council for Population and Development Bill (National Assembly Bills No.72 of 2023). Once we are done, we will get back to the Equalisation Fund.

I beg to move: THAT Clause 29 of the Bill be amended by —

Division at the end. Clause 2, the Title and Clause 1

I direct the Chairperson of the Standing Committee on Finance and Budget to move.

Mr. Temporary Chairman, Sir, on behalf of the Chairman of the Standing Committee on Finance and Budget, I beg to move:

THAT, Clause 8 of the Bill be amended—

Mr. Temporary Chairman, Sir, on behalf of the Chairman of the Committee on Finance and Budget, I beg to move:

THAT, Clause 14 of the Bill be amended by deleting subclause (3) .

(Question of amendment proposed) Division at the end. Clauses 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28(Question, that Clauses 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, be part of the Bill, proposed) Division at the end. Clause 29The Temporary Chairperson (

I call upon the Chairperson of Standing Committee on Finance and Budget, Sen. Ali Roba, to move.

I beg to move: THAT Clause 29 of the Bill be amended by —

Division at the end. Clause 2, the Title and Clause 1

Hon. Members, you may proceed to vote on that question.

Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Faki, Mombasa County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo-Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mbugua, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Mwaruma, Taita-Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Osotsi, Vihiga County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.

The “Ayes” have it.

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the Kenya National Council for Population and Development Bill (National Assembly Bills No.72 of 2023) and its approval thereof with amendments.

The Temporary Chairperson

: Lastly is the Public the Public Procurement and Asset Disposal

(Amendment)

Bill

(National Assembly Bills No.48 of 2024)

.

The Temporary Chairperson (

Mr. Temporary Speaker, I beg to move that the Division of Revenue Bill (National Assembly Bills No.2 of 2026) be now read a Third Time.

I request Sen. Osotsi to second.

Mr. Temporary Speaker, Sir, I second.

Division will be at the end.

Let us proceed to the next one, which is, the Equalisation Fund Appropriation Bill (National Assembly Bills No.21 of 2025) .

Chairperson, please proceed.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Equalization Fund Appropriation Bill (National Assembly Bill No.21 of 2025) , and its approval thereof without amendments.

Let us proceed to the next one.

Mover, please proceed.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Senator Ledama to second.

Lastly is the Public the Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bills No.48 of 2024) .

Mr. Temporary Chairman, Sir, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Public the Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bills No.48 of 2024) and its approval thereof without amendments.

Let us have the Chairperson of the Committee of the Whole, Sen. Sigei.

Mr. Temporary Speaker, Sir, I wish to report that the Committee of the Whole has considered the Division of Revenue Bill (National Assembly Bills No.2 of 2026) and its approval thereof with amendments.

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

I request Sen. Osotsi to second.

Mr. Temporary Speaker, Sir, I second.

Mr. Temporary Speaker, I beg to move that the Division of Revenue Bill (National Assembly Bills No.2 of 2026) be now read a Third Time.

I request Sen. Osotsi to second.

Mr. Temporary Speaker, Sir, I second.

Division will be at the end.

Chairperson, please proceed.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Equalization Fund Appropriation Bill (National Assembly Bill No.21 of 2025) , and its approval thereof without amendments.

Mr. Temporary Speaker, Sir, I second.

Division will be at the end.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Senator Ledama to second.

Mr. Temporary Speaker, Sir, I second.

Mr. Temporary Speaker, Sir, I beg to move that the Equalisation Fund Appropriation Bill (National Assembly Bills No.21 of 2025) be now read a Third Time.

I request Sen. Ledama to second.

Mr. Temporary Speaker, Sir, I second.

Division will be at the end.

Mr. Temporary Speaker, Sir, I beg to move that the Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bills No.48 of 2024) be now read a Third Time.

I request Sen. Beth Syengo, to second.

Mr. Temporary Speaker, Sir, I second.

Division will be at the end. Serjeant-at-arms, please ring the Bell for one minute.

Let us proceed to vote. Order, hon. Senators! Sen. Eddy, please proceed.

Mr. Temporary Speaker, Sir, you did order that the Bell be rung for one minute, but you did not guide the Serjeant-at-Arms to draw the Bar.

Mr. Temporary Speaker, Sir, I second.

Mr. Temporary Speaker, Sir, I beg to move that the Kenya National Council for Population and Development Bill (National Assembly Bills No.72 of 2023) be now read a Third Time.

Who is your Seconder?

Sorry. I request Sen. Wambua to second.

Mr. Temporary Speaker, Sir, I second.

Division will be at the end.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Public Procurement and Asset Disposal Amendment Bill (National Assembly Bills No.48 of 2024) , and its approval thereof without amendments.

Mover, please proceed.

These are the results of the Division-

Mr. Temporary Speaker, Sir, I second.

Mover, please proceed.

Mr. Temporary Speaker, Sir, I beg to move that the Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bills No.48 of 2024) be now read a Third Time.

I request Sen. Beth Syengo, to second.

Mr. Temporary Speaker, Sir, I second.

Division will be at the end. Serjeant-at-arms, please ring the Bell for one minute.

Hon. Senators, the results are as follows-

Consequently, there are Members who are stuck outside because the bar was not drawn, and it would be important for them to put a vote for this Bill. I plead with you to reconsider, to add one more minute, so that they are able to get in.

remember what we said at 2.30 p.m, there were two matters. There is one that has a statutory timeline, which is a matter on the stoppage of funds to Meru County.

I want to propose to the House that since this is a matter we had already debated and sent to our Committee, we allow the Chair to be brief in his remarks, together with the Seconder, then we conclude on how the Committee has guided us. It is our Committee that we sent to them. If the Members agree, we can be done with this in the next few minutes before 6.15, and we will be out for the day.

This is my kind request, Members. Please, do not leave. We should be out in 15 minutes only. The Chair can make it even less, if he is more brief in his remarks.

Mr. Temporary Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today Tuesday, 12th May, 2026-

Report on the Standing Committee on Finance and Budget on the stoppage of transfer of funds to the county Government of Meru, pursuant to Article 225 (3) of the Constitution of Kenya and Section 97 (1) of the Public Finance Management Act.

I beg to lay.

Clerk, read the next Order on Supplementary Order Paper II.

Hon. Senators, the result of the Division are as follows-

Hon. Senators, the results are as follows-

Mr. Temporary Speaker, Sir, we have done very well so far, and I join you in congratulating Members. However,

remember what we said at 2.30 p.m, there were two matters. There is one that has a statutory timeline, which is a matter on the stoppage of funds to Meru County.

I want to propose to the House that since this is a matter we had already debated and sent to our Committee, we allow the Chair to be brief in his remarks, together with the Seconder, then we conclude on how the Committee has guided us. It is our Committee that we sent to them. If the Members agree, we can be done with this in the next few minutes before 6.15, and we will be out for the day.

This is my kind request, Members. Please, do not leave. We should be out in 15 minutes only. The Chair can make it even less, if he is more brief in his remarks.

Chair, Committee on Finance and Budget, please table the Paper.

Mr. Temporary Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today Tuesday, 12th May, 2026-

Report on the Standing Committee on Finance and Budget on the stoppage of transfer of funds to the county Government of Meru, pursuant to Article 225 (3) of the Constitution of Kenya and Section 97 (1) of the Public Finance Management Act.

I beg to lay.

Mr. Chairperson, proceed.

Mr. Temporary Speaker, Sir, I give notice of the following Motion-

THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the Stoppage of Transfer of Funds to the County Government of Meru laid on the table of the Senate Tuesday, 12th May, 2026, and pursuant to Article 225 (3) of the Constitution and Section 97 (1) of Public Finance Management Act, the Senate rejects the decision of the Cabinet Secretary for the National Treasury and Economic Planning to stop the transfer of funds to the County Government of Meru.

Clerk, read the next Order on Supplementary Order Paper II.

Sen. Ali Roba, Chairperson Standing Committee on Finance and Budget, proceed.

Sen. Wambua, what is the point of order?

Madam Temporary Speaker, kindly ask the Chairperson of the Committee on Finance and Budget to sit as I make this intervention. We cannot have two Senators standing at the same time.

Hon. Senators, these are the results of the division on The Report of the Standing Committee on Finance and Budget on the Stoppage of Transfer of Funds to the County Government of Meru -

Thank you, Madam Temporary Speaker. I do not want to anticipate debate, but the Motion whose notice has been given by the Chairperson of the Committee on Finance and Budget is potentially a very important Motion touching on a county. I am just seated here asking myself how we are going to proceed to debate Meru County when the Senator for Meru County is not in the House.

I need guidance even from the leadership because this is a heavy matter touching on a county. The Senator for Meru County is not just any other Senator, he is the Deputy Speaker of the House.

Sen. Faki, you will have your time to say what you want to say. Madam Temporary Speaker, I need guidance on that issue.

Sen. Wambua, the Senator for Meru County was the one who opened the Senate session at 2.30 p.m. today. He was

Sen. Faki.

That is Order No.9, Majority Leader.

Kshs139 million and any accrued interest in line with the ruling of the court. Since the national Government has given its indication to undertake that the Committee recommends that-

The stoppage be annulled so that the County Government of Meru can receive their funds and cash flow properly; and that the national Government allocates, in the County Additional Allocations Bill that is before the Senate, the Kshs139 million plus any accrued interest in line with the ruling, in order to facilitate the release of the funds by the National Treasury to the County Government of Meru.

Since the County Government of Meru has already paid Kshs200 million and is custodian of the source documents, that is, all the documents that were used to pay, including the court proceedings and the rulings thereof, that the money be given to them so that the process of documentation, as well as the payment and the custody of the documents thereof, be done through that, which is a legal instrument through which the Government can do so. That ends the recommendations of the Committee.

I beg to move and request Sen. Faki to second. Thank you.

This Bill was passed by the National Assembly on the 29th of April 2026, and thereafter, referenced to the Senate for its consideration. Many may ask: What is the principal object of this Bill? This Bill seeks to amend The Forest Conservation and Management Bill. It aims to establish a modern legal framework for forestry that aligns with the Constitution, international environmental obligations and the current global conservation practices that promote the integrated management of dry land forest, establish framework for payments of ecosystem services, schemes. The Principal Act, CAP 385, does not provide for a centralised regulatory body for the forestry sector, forest certification, grading of timber, compliance enforcement and lacks an independent institutional anchor that the forestry sector so badly needs. It, therefore, operates without a dedicated regulatory framework.

The Bill addresses this gap by proposing the establishment of the Directorate of Forestry Regulations, headed by a Secretary of Forest Regulation. It vests in it functions relating to the management of forest certification, grading of timber, monitoring of compliance and enforcement of standards across the forestry sector.

Further, under Section 4 of this Act, there is no express provision to address water harvesting and management technologies as dimensions of forest conservation, particularly in the context of dryland areas. The Bill, therefore, seeks to enhance existing guiding principles by inserting a new paragraph into Section 4 to include the promotion of efficient water harvesting and management technologies for tree-growing in dryland areas.

Furthermore, the Bill introduces new definitions, which include agro-silvo- pastoralism, ecosystem services, forest carbon and payment for ecosystem services, in order to modernise the definitional framework of the principal Act.

Madam Temporary Speaker, we are trying to bring a new regulatory framework to an important segment of our society that is still managed by very old laws, which do not provide for regulation of emerging modern practices in the management of forest ecosystems, water harvesting and other areas.

The Principal Act does not specify the headquarters for the Kenya Forest Service (KFS). It does not expressly authorise the Service to collect revenue in accordance with the Public Finance Management Act, 2012. In addition, it does not provide a formalised uniform or discipline cadre of office. The Bill provides for this. Additionally, the existing qualification threshold for appointment of a Chief Conservator of Forest does not require a postgraduate degree.

This Bill will restructure KFS by anchoring its headquarters in Nairobi. I am not particularly impressed by that. I wish it was in the Mau Forest or Meru Forest, somewhere close to where they do their work. The obsession of putting every headquarters in Nairobi is what is clogging this city.

We returned last week from Dodoma. The Tanzanians managed to move their headquarters. Slowly, almost all government agencies have moved to Dodoma City and it has helped ease congestion around Dar es Salaam. There are many countries that have done that.

The Kenya Forest Research Institute (KEFRI) is also featured in Part II of the Bill. There are specific Clauses in the Bill which, perhaps, the Standing Committee on

Asante sana, Bi. Naibu Spika wa Muda, kwa kunipa fursa hii kuunga mkono Hoja ya Sen. Ali Roba ambaye ni Mwenyekiti wa Kamati wa Fedha na Bajeti ya Bunge hili kuhusiana na arifa ya Waziri wa Fedha kusimamisha mgao wa pesa kuenda Serikali ya Ugatuzi ya Meru.

Uamuzi wa Waziri wa Fedha ulifanyika kwa haraka sana. Hakupatia serikali ya Kaunti ya Meru wakati wa kujieleza kabla ya kufanya uamuzi huo. Kaunti zetu zinadaiwa madeni mengi. Madeni yanafika zaidi ya Shilingi bilioni 180, lakini Waziri hajatishia kusimamisha fedha kuenda katika kaunti yoyote kwa sababu ya madeni.

Madeni mengine ni ya Wakenya ambao wamefanya biashara na kaunti zetu. Wengi wao, mali zao zimeuzwa na wengine wameenda hospitali kwa sababu ya maradhi ambayo wamepata kutokana na kutokulipwa pesa zao. Uamuzi wa Waziri wa Fedha haufai kwa sababu ni kinyume na sheria. Pili, amefanya ubaguzi kumpa nafasi huyu mwekezaji ambaye ni Mfaransa kuliko wakenya ambao wanamatatizo kama haya.

Ninaunga mkono hii Hoja. Ningependa sisi, kama Seneti, tutoe kauli ya kwamba fedha zizuiliwe kwenda katika kaunti zote ndiposa tuweze kutoka kwenye malumbukizi ya madeni ambayo yanaongezeka kila mwaka katika kaunti zetu.

Asante kwa kunipa fursa hii.

Hon. Senators, this Motion is now open for debate.

Senators, I want to make a determination that this is a matter affecting counties. I will, therefore, request the Serjeant-at-Arms to ring the Division Bell for one minute.

Serjeant-at-Arms, please, proceed and ring the Division Bell for one minute.

Asante, Bi. Spika wa Muda, kwa kunipa fursa hii kuunga mkono Mswada wa Marekebisho ya Sheria ya Misitu katika nchi yetu. Sheria ya Misitu ni sheria ambayo kwa sasa inapaswa kurekebishwa kwanza ili kuambatana ya Katiba ya Mwaka 2010 na pili ili kuleta katika sheria masuala mengi yanayohusiana na misitu hivi sasa husasan kwa sababu misitu ndio tegemeo kubwa la kupambana na mabadiliko ya hali ya hewa katika nchi.

Mswada huu ni muhimu sana kwa sababu mbali na kuwa utaleta kanuni za usimamizi wa misitu pamoja na kuangalia masuala ya miche na mimea ambayo itapandwa katika misitu yetu, vilevile utaleta mambo mengine mazuri ambayo yataweza kusaidia katika usimamizi wa misitu katika nchi yetu. Kwa mfano, mkurugenzi wa shirika la usimamiza wa misitu, yani Kenya Forest Service (KFS) , atakuwa mtu mwenye tajriba fulani. Atahitajika kuwa na shahada ya uzamili katika masuala ya misitu ili aweze kutoa mwongozo wa jinsi misitu yetu itaweza kusimamiwa na kukuzwa. Kwa hivyo, sheria hii ina mambo mengi mazuri ambayo ambapo tukiipitisha itasaidia misitu yetu ambayo kwa sasa inasimamiwa na sheria nyingi ambazo tulizipitisha wakati wa ukoloni.

Pia, kuna masuala ya kukusanya na kile kinachoitwa ecosystem payment. Yote hayo ni mambo mapya ambayo yatasaidia pakubwa kuwa na misitu ya kisasa ambayo itakuwa mali ya nchi yetu. Kwa mfano, usimamizi wa masuala ya carbon credits--- Sijui carbon credits inaitwaje katika Kiswahili. Labda Mheshimiwa Mwaruma anaweza kunisaidia.

Masuala ya carbon credits ni mapya ambayo yatasimamiwa katika sheria hii ili kusaidia Wakenya kuchukua fursa ya kukuza misitu na kuhakikisha kwamba wanapata malipo ambayo yanatarajiwa kutokana na carbon credits. Naambiwa ni mkopo wa kaboni.

Kuna suala la makao makuu kuwa Nairobi. Hili ni jambo ambalo lazima pia tuliangalie kwa sababu ukiangalia mashirika mengi, makao makuu yao yako hapa Nairobi. Mwaka juzi tulizungumzia Mswada wa Fisheries. Makao makuu ya fisheries

Sen. Kinyua, can you approach the Clerk-at-the-Table.

Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.

Hon. Senators, these are the results of the division on The Report of the Standing Committee on Finance and Budget on the Stoppage of Transfer of Funds to the County Government of Meru -

Majority Leader, please focus.

Sen. Karungo, stop disrupting the Majority Leader. You had requested to move this Bill, proceed.

Sen. Faki.

That is Order No.9, Majority Leader.

Madam Temporary Speaker, my apologies. Before Members leave the House, allow me to appreciate them for a good afternoon of work well done. We have concluded on four Bills that have been pending for a while. I must register my appreciation to Members.

I beg to move that The Forest Conservation and Management (Amendment) Bill (National Assembly Bills No.38 of 2025) be now read a Second Time. The Forest Conservation and Management (Amendment) Bill (National Assembly Bills No.38 of 2025) was published in the Kenya Gazette Supplement No.135 of 2025 dated the 8th August, 2025.

This Bill was passed by the National Assembly on the 29th of April 2026, and thereafter, referenced to the Senate for its consideration. Many may ask: What is the principal object of this Bill? This Bill seeks to amend The Forest Conservation and Management Bill. It aims to establish a modern legal framework for forestry that aligns with the Constitution, international environmental obligations and the current global conservation practices that promote the integrated management of dry land forest, establish framework for payments of ecosystem services, schemes. The Principal Act, CAP 385, does not provide for a centralised regulatory body for the forestry sector, forest certification, grading of timber, compliance enforcement and lacks an independent institutional anchor that the forestry sector so badly needs. It, therefore, operates without a dedicated regulatory framework.

The Bill addresses this gap by proposing the establishment of the Directorate of Forestry Regulations, headed by a Secretary of Forest Regulation. It vests in it functions relating to the management of forest certification, grading of timber, monitoring of compliance and enforcement of standards across the forestry sector.

Further, under Section 4 of this Act, there is no express provision to address water harvesting and management technologies as dimensions of forest conservation, particularly in the context of dryland areas. The Bill, therefore, seeks to enhance existing guiding principles by inserting a new paragraph into Section 4 to include the promotion of efficient water harvesting and management technologies for tree-growing in dryland areas.

Furthermore, the Bill introduces new definitions, which include agro-silvo- pastoralism, ecosystem services, forest carbon and payment for ecosystem services, in order to modernise the definitional framework of the principal Act.

Madam Temporary Speaker, we are trying to bring a new regulatory framework to an important segment of our society that is still managed by very old laws, which do not provide for regulation of emerging modern practices in the management of forest ecosystems, water harvesting and other areas.

The Principal Act does not specify the headquarters for the Kenya Forest Service (KFS). It does not expressly authorise the Service to collect revenue in accordance with the Public Finance Management Act, 2012. In addition, it does not provide a formalised uniform or discipline cadre of office. The Bill provides for this. Additionally, the existing qualification threshold for appointment of a Chief Conservator of Forest does not require a postgraduate degree.

This Bill will restructure KFS by anchoring its headquarters in Nairobi. I am not particularly impressed by that. I wish it was in the Mau Forest or Meru Forest, somewhere close to where they do their work. The obsession of putting every headquarters in Nairobi is what is clogging this city.

We returned last week from Dodoma. The Tanzanians managed to move their headquarters. Slowly, almost all government agencies have moved to Dodoma City and it has helped ease congestion around Dar es Salaam. There are many countries that have done that.

The Kenya Forest Research Institute (KEFRI) is also featured in Part II of the Bill. There are specific Clauses in the Bill which, perhaps, the Standing Committee on

Land, Environment and Natural Resources has been interacting with for a while. I will be inviting the Chairperson, Sen. Faki, shortly to second and give a few remarks. It has been a long day; forgive my little lapse. He can go to the very specifics.

Broadly speaking, we are seeking to manage better the forestry space, giving it a new mandate and a new legal framework away from the old archaic law that guides it. We are aligning operations to the demands of the New Constitution, international structures on management of forests and matters such as that.

The command structure of the Kenya Forest Service Guards, their training and the qualifications for appointment to serve as Chief Conservator of Forest is also fairly contentious. In the current Act, for example, there is no provision for postgraduate education. So, anybody can be appointed, yet we understand that there is a science behind management of forests and providing institutional leadership.

Madam Temporary Speaker, with those remarks, I beg to move. I ask the Chairperson of the Standing Committee on Land, Environment and Natural Resources, Sen. Mohamed Faki, to second.

Thank you, Sen. Aaron. Sen. Mohamed Faki, you may proceed.

Asante, Bi. Spika wa Muda, kwa kunipa fursa hii kuunga mkono Mswada wa Marekebisho ya Sheria ya Misitu katika nchi yetu. Sheria ya Misitu ni sheria ambayo kwa sasa inapaswa kurekebishwa kwanza ili kuambatana ya Katiba ya Mwaka 2010 na pili ili kuleta katika sheria masuala mengi yanayohusiana na misitu hivi sasa husasan kwa sababu misitu ndio tegemeo kubwa la kupambana na mabadiliko ya hali ya hewa katika nchi.

Mswada huu ni muhimu sana kwa sababu mbali na kuwa utaleta kanuni za usimamizi wa misitu pamoja na kuangalia masuala ya miche na mimea ambayo itapandwa katika misitu yetu, vilevile utaleta mambo mengine mazuri ambayo yataweza kusaidia katika usimamizi wa misitu katika nchi yetu. Kwa mfano, mkurugenzi wa shirika la usimamiza wa misitu, yani Kenya Forest Service (KFS) , atakuwa mtu mwenye tajriba fulani. Atahitajika kuwa na shahada ya uzamili katika masuala ya misitu ili aweze kutoa mwongozo wa jinsi misitu yetu itaweza kusimamiwa na kukuzwa. Kwa hivyo, sheria hii ina mambo mengi mazuri ambayo ambapo tukiipitisha itasaidia misitu yetu ambayo kwa sasa inasimamiwa na sheria nyingi ambazo tulizipitisha wakati wa ukoloni.

Pia, kuna masuala ya kukusanya na kile kinachoitwa ecosystem payment. Yote hayo ni mambo mapya ambayo yatasaidia pakubwa kuwa na misitu ya kisasa ambayo itakuwa mali ya nchi yetu. Kwa mfano, usimamizi wa masuala ya carbon credits--- Sijui carbon credits inaitwaje katika Kiswahili. Labda Mheshimiwa Mwaruma anaweza kunisaidia.

Masuala ya carbon credits ni mapya ambayo yatasimamiwa katika sheria hii ili kusaidia Wakenya kuchukua fursa ya kukuza misitu na kuhakikisha kwamba wanapata malipo ambayo yanatarajiwa kutokana na carbon credits. Naambiwa ni mkopo wa kaboni.

Kuna suala la makao makuu kuwa Nairobi. Hili ni jambo ambalo lazima pia tuliangalie kwa sababu ukiangalia mashirika mengi, makao makuu yao yako hapa Nairobi. Mwaka juzi tulizungumzia Mswada wa Fisheries. Makao makuu ya fisheries

yalitarajiwa kuwa katika maeneo ya South C. Hata hivyo, uvuvi mwingi unafanyika katika maeneo ya pwani kwa sababu huko ndiko kuna mkondo wa bahari unaoanzia Vanga katika Kaunti ya Kwale mpaka Kiunga katika Kaunti ya Lamu. Huo ni mkondo mkubwa sana ambako masuala ya uvuvi yanafanyika. Vilevile kuna uvuvi katika Ziwa Viktoria na Ziwa Turkana. Kwa hivyo, kufanya makao makuu ya masuala ya uvuvi kuwa Nairobi ni jambo ambalo linatamausha.

Kiongozi wa Wengi alisema kuwa makao makuu ya misitu kuwa Nairobi wakati misitu mikubwa mikubwa iko sehemu zingine ni jambo ambalo halikubaliki. Lazima maendeleo yasambazwe katika nchi nzima ya Kenya ili kila sehemu iweze kuendelea. Isitokee tu kwamba kwa sababu labda tunataka kura ndio tunaanza kwenda, kwa mfano, Garissa kujenga barabara kubwa na masuala mengine kama hayo. Kwa hivyo, lazima tuangalie upya suala la makao makuu ili kuhakikisha kwamba tunaleta usawa katika usimamizi wa mambo kama haya.

Sen. Faki, you will have a balance of 16 minutes when this Bill is listed again for debate.

Hon. Senators, it is now 6.30