Tuesday, 15th April, 2025

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

Hon. Senators, we now have quorum. Clerk, proceed to call the first Order, please.

Thank you, Mr. Speaker, Sir. I have three Statements this afternoon. The first Statement is on the status of Kisumu-Busia Road infrastructure.

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 inter-county concern regarding the status of infrastructure development along the Kisumu-Busia Road corridor.

The Kisumu-Busia Road is a crucial transport link for trade, movement of goods and regional integration between Kenya, Uganda and the other East African countries. The improvement of this corridor is expected to ease congestion, enhance economic activities and promote cross-border trade. However, while there have been discussions on the upgrading of this road to a dual carriageway, there is no confirmed full-scale dual carriageway project currently under construction.

In the Statement, the Committee should address the following-

I will allow 15 minutes of comments on those three Statements.

Senator for Nandi County, you may proceed.

Thank you, Mr. Speaker, Sir, for this opportunity. I just want to seek further clarification on the Statement regarding the status of the Kisumu-Busia Road infrastructure.

I would like the Committee on Roads, Transportation and Housing to also consider the dueling and upgrading of Uplands-Nakuru-Eldoret-Bungoma-Malaba Road so as to expand it. This is because as we speak, the road is so narrow that the people who use this road take up to five hours to travel from Nairobi-Eldoret-Malaba-Bungoma, all the way to the North Rift and Western Kenya. For example, on a busy weekend such as the upcoming Easter weekend, which is a holy week as per the Catholic calendar, we will travel for almost 10 to 15 hours on the road; even for those who are travelling to Kisumu. I hope the Committee will prioritise the matter of this road.

In the last Session, we were told that France was willing to do Public Private Partnership (PPP) on this road. Later on, we were also told that Americans and the Chinese also want to do the same road. This is the only road that links Nairobi with Western part of Kenya.

We are not even talking about the Mau Mau Roads, which are being done up to the local village. This one supports the economy of transporting goods and services between Nairobi, Western Kenya, parts of North Rift and even Kisumu. I really want to know the status of this road.

Mr. Speaker, Sir, for example, I know that all the five tarmac roads in Nandi County are stalled. If you talk about the Nandi Hills-Himaki Road, the one that links Eldoret, Kapsabet, Kakamega and Vihiga; it is so narrow. It is unfortunate that they did expand only up to Chavakali and Sen. Osotsi knows that.

I asked the Prime Cabinet Secretary why they only repaired from Majengo to Chavakali and yet, the road is so narrow from Chavakali to Cheptulu, Kapsabet and Eldoret. This is the case in other parts of this country such as Mosop, all the way from Tulwa to Mudete and from Kamasai to Luanda. It is very unfortunate. I can see that the chairperson for the Committee on Roads, Transportation and Housing is smiling and these are serious matters.

We were told that they are coming to Government as experts through the broad based Government. We want to see their expertise on the expansion of these roads.Yes, we want to see the expertise. I do not know his expertise. Last time, he was in the USA playing with numbers and telling us about Jose Camargo.

If you look at this road between Eldoret to Bungoma, a place called Kaburengu, we have lost many people. We have also lost many people in Nakuru because of accidents. We are losing many people along Nairobi, Bomet, Kericho to Kisumu. I want to agree with Sen. (Prof.) Ojienda that we will make this thing a reality.

Mr. Speaker, Sir, there is a problem with issues of compensation. We must agree that there are many Kenyans who are yet to be compensated. There was an opaque compensation programme in Eldoret Bypass. Compensation for people who were affected at Kipsigak junction and Kobujoi along Aldai to Serem road was never done. Kenyans should be compensated. My professor of Law is here and the Constitution is very clear that anybody who is displaced should be compensated according to the market rate.

Mr. Speaker, Sir, I am told that there are senior Government officials - whenever they know that the road near a certain village is due to be tarmacked - they buy land for speculative purposes during feasibility studies, displacing genuine Kenyans who should be compensated. Therefore, Kenyans should be compensated at the market rate.

With those very many remarks, I hope this issue of roads can be addressed once and for all. Let us not divert the roads to one region. Sen. Wambua supports the other side, but he has never asked those people why are they doing Mau Mau roads and not Mekatilili wa Menza or the freedom fighters from Ukambani. There should also be a Mekatilili wa Menza Road.

I thank you.

Proceed, Sen. Osotsi. Senator for Nandi, get your history correct.

Thank you, Mr. Speaker, Sir. I wish to comment on the Statement by Sen. (Prof.) Ojienda regarding the dualling of the Kisumu-Busia Road, which happens also to pass through my county; between Maseno and Yala.

Mr. Speaker, Sir, you know Uganda is a key trading partner of Kenya. In fact, in terms of trade volume, Uganda is a number one trading partner for Kenya. Therefore, all roads or transport systems connecting Kenya to Uganda must be enhanced. We have a serious problem because this road was last repaired more than 15 years. This road carries all cargo traffic from Mombasa to Uganda and all manner of transport processes that are involved in transporting goods from Mombasa to Uganda. Something has to be done and I know it has been in the plans. Even in Vision 2030, there was a plan to dual this road, but nothing much is happening, not even repairs. This is why we are very concerned about the Roads Maintenance Levy Fund (RMLF) .

The RMLF should be used to repair such strategic roads. Unfortunately, we are unable to access RMLF because of the conduct of the National Assembly trying to ensure that this money remains with them. It must come out very clearly that if we are not maintaining roads in this country, the reason is Members of the National Assembly. If you are driving on a muddy road, just blame the MP of the area where you are driving through.

Mr. Speaker, Sir, this weekend I had a lot of problems going through my county because the roads are in a bad shape and Members of the National Assembly are fighting to control this money. Why are Kenyans not seeing what these people are doing; the kind of injustice they are doing to the people of Kenya? I had brought a Motion of adjournment on this matter, but unfortunately, my Motion has been denied.

I will not complain about that, but I think we need time to discuss about the fight against devolution in this country. We cannot continue living like this. Devolution is the best thing that ever happened in this country since Independence, but we are seeing that the Members of the National Assembly want to control county roads, markets and they are even constructing hospitals.

Mr. Speaker, Sir, as a Senate, under Article 96 of the Constitution, we have the powers to protect devolution. We will do that protection with all the strength that we have, anywhere we are; whether we are in a baraza or in this House. We will protect devolution. I am asking Members that we have to come out and fight. I know this

afternoon the National Assembly will be talking about what our party leader, Raila Odinga, said. He said the truth, that the real people fighting devolution in this country are Members of the National Assembly.

Proceed, Sen. Wamatinga.

Thank you very much, Mr. Speaker, Sir. I also rise in support of the Statement. Indeed, there is no single country that has ever progressed without taking the basic infrastructure; the connectivity that connects a community and country. We know the importance of regional integration. Most of the business partners lie across borders. It is important to ensure that we not only put the necessary resources, but also improve the infrastructure that will ensure the flow of human goods and facilitate the mobility of labor as envisaged in our East African Community (EAC) undertaking.

Mr. Speaker, Sir, it cannot be overemphasized, the importance of us leaders not only fighting over the resources but ensuring that services are delivered timely to the people and by using the right channels. As has been said by my colleague Sen. Osotsi, indeed, devolution came and changed many counties. It would achieve even more wonders if we allocated more resources to them.

We started this Senate on a high note of unbundling all the devolved functions and ensuring that budgets follow them. That has remained elusive. The political goodwill that was brought on the table is dwindling by the minute. It is only two years to election. We will all place ourselves before the electorate and say what we have been able to do. Therefore, we should speak with the voice of reason, whether we sit in the National Assembly, in the Senate, or in the governor's office.

At the Governor’s office people have been known to lack accountability and use the resources that have been allocated to not only do what they think will advance their political goals, but sometimes with skewed priorities. Therefore, as the leadership of this country, it is important that we call them out and tell them that the governors must get what they are entitled to get, but then they should allocate resources depending on the priorities as envisaged by our 2010 Constitution.

As I sit down, indeed, it is a very sad affair that we see the control of the National Assembly on almost everything that gets to pass in this House, be it the allocation of the budget or the oversight role. With too much on their hands, they are left to only mismanage. We must tell ourselves the truth. It is high time that we changed the way we are doing things. It is high time that we confronted the reality that development in any part of this country is development everywhere.

Mr. Speaker, Sir, as I sit down, I listened to the President explain about the construction of roads in the northern part of the country. Indeed, it is very sad that 62 years after Independence, 80 per cent of the landmass of this country remains

unconnected to the national grid and to the basic infrastructure. It is not a privilege but a right for every Kenyan.

As I address this issue here, I think that it is high time that we get our priorities right and know that the marginalized 80 per cent of the landmass must also contribute to the national Gross Domestic Product (GDP).

I submit.

Thank you, Mr. Speaker, Sir. I do not know why Sen. Sifuna is so happy that I have the microphone.

I also want to make comments on the Statement by Sen. (Prof.) Tom Ojienda on the status of the Kisumu-Busia Road infrastructure. I hasten to say that lately Sen. (Prof.) Tom Ojienda has been very active on matters of infrastructure and the people of Kisumu County should take note.

Having said that, this is a matter that resonates with many of us in the Senate. It shall be remembered that I have raised this matter on the issue of the Kibwezi-Mutomo- Kitui Road many times. That road does not just serve the people of the Mt. Kenya South region. It also serves the region from Mombasa all the way to Isiolo, and connects Kenya with Addis Ababa. It is actually an international transport corridor.

I would urge the committee as they continue to look into these issues, to ensure that that road is completed because the section of road remaining is less than 20 kilometers to connect it to the Mwingi-Garissa Road and then, of course, the payment part.

Mr. Speaker, Sir, allow me once again to add onto that Statement and say that this matter of the RMLF is one that this House needs to make a statement on and ensure that we call out the right people. I agree with Sen. Osotsi, Sen. Wamatinga and the leader of ODM, Hon. Raila Odinga, that one of the greatest enemies of devolution in this country is Members of the National Assembly.

These people behave as though Article 93 of the Constitution was created just for them; that the Senate and nobody else exists apart from the National Assembly. I stand today on the Floor of this Senate to say that even as they consider the statement by Raila Odinga on their role in killing devolution, they should know that Hon. Raila Odinga spoke for Kenyans; he did not even speak for himself.

The other category of leaders that we need to call out as a Senate - and I want my colleagues to listen to me very carefully - is the Council of Governors (CoG) . Do you know that I have information that governors are now contemplating withdrawing the case in court on the Kshs10 billion that is supposed to go to counties for roads maintenance, so that in exchange they can be given some little peanuts?

This House is the one supposed to negotiate monies going to counties. It is not the business of governors to negotiate what money goes to the counties. That is not their business. They should wait for the Senate to negotiate what goes to the counties then they implement what has been budgeted for them to implement. I ask my colleagues to rise up, speak to their individual governors and tell them that we are watching. It can never happen that governors will be intimidated or accept to withdraw the case in court before that matter is determined. As a Senate, we believe that the Kshs10 billion is money that

should rightfully go to counties for maintenance of roads. Any other conversation outside that is only a conversation that can be held by governors who are self-interested.

Lastly, there is this money that has been set aside by the National Government from the same RMLF; the Kshs7 tax that has been given to the Ministry of Roads to pay pending bills and complete roads that have not been completed; that is Kshs175 billion. That is the position of the Committee on Roads, Transportation and Housing and the chairman is here. The position is very clear, that a percentage of that amount of money must go to counties.

We should not have a situation where people from Kitui, Kabati or Matinyani, who fuel their vehicles ,and Kshs7 is taken from them. That money must go to Nairobi for a decision to be made on how it will be used and yet we are paying that tax at source. A portion of that money must go to counties to ensure that we have equitable distribution of development and resources in this country.

With those remarks, I support.

Thank you, Mr. Speaker, Sir. I wish to comment on the Statement by Sen. (Prof.) Tom Ojienda on upgrading Kisumu National Polytechnic to university status.

While I appreciate his thoughts on the same, I would wish that this Statement brings our focus back to whether the current national polytechnics have actually met the intended purpose of the technical training institutions we have had in this country. The essence of technical training institutions is to equip young people with the necessary technical skills.

Can you hear me?

Just draw the microphone closer to your mouth.

Okay, thank you, Mr. Speaker, Sir. I wish to state the following. While I appreciate the statement by Sen. (Prof.) Tom Ojienda on upgrading Kisumu National Polytechnic to a university, I would also wish that the Statement draws us to some of the following concerns.

Technical training institutions and national polytechnics are meant to equip young people with technical skills relevant for the job market. Currently, we have achieved the goal of constructing these institutions in various constituencies and counties. I see a general clamour from the political wing to have many of these institutions in their areas, but we are missing out on a major aspect.

These institutions, which are providing training are not producing students who can fill the job market. You have a technical institution, which is training on issues of plumbing. However, around those areas, we do not have that market to get these graduates who are coming out of those institutions. I would wish that as we request that some of these institutions be upgraded to university status, we do not miss the point of meeting societal needs for those areas. Take a case study of SOS Technical Training Institute. They are training on issues to do with dairy farming and how students can preserve dairy farms and dairy products that are brought there. However, when you compare the number of students who will be absorbed outside, the number is very negligible. That is a blow to the young people who are expecting to get jobs in their different areas of study other than what we hoped for.

Mr. Speaker, Sir, I want to complete by supporting the Statement by the Professor on the issue of funds set aside for the road network. As my colleagues have mentioned, the biggest enemy that is trying to kill devolution is the National Assembly. I wish that they would put themselves in our shoes because we have Members who were initially in the National Assembly and now in the Senate. You might be opposing things thinking that at no point will you ever be a Member of the Senate, and then you end up at the Senate and suffer the same frustration. We do not want to be lamenting about this.

As usual, we process their Bills or issues that are coming from them with ease. However, anytime we have matters that are touching devolution and protecting the interest of counties, the National Assembly colleagues sabotage them. So, I support and urge that all Senators agree on this issue, that we carry it as a joint initiative.

Thank you, Mr. Speaker, Sir.

Sen. Sifuna.

Mr. Speaker, Sir, allow me to add my voice to what my colleagues have said regarding the statement by Sen. (Prof.) Ojienda. As you know, I am a regular user of that road from Kisumu to Busia, because it is the route I use to go and see my mother in the rural areas. I branch off at the Oyugis, join the road through Emuhaya and Sabatia, then go all the way through Mumias to Bungoma.

Mr. Speaker, Sir, the state of that road, especially the distance after Maseno, all the way to Busia Town, as has been described by my colleagues and Sen. (Prof.) Ojienda, is in very bad shape. Allow me to be the devil's advocate for two institutions that have been mentioned very adversely here.

First, let me attempt to say something positive about the Members of the National Assembly. I was in Bondo, just this weekend, where those pronouncements by the Hon. Raila were made. I remember hearing the Leader of Minority in the National Assembly, Hon. Junet Mohammed, saying publicly that they have accepted that in the past they have been an impediment to devolution. However, they were going to change their ways. In fact, he promised that this week there will be a resolution on both matters; the Roads Maintenance Levy Fund (RMLF) and the additional allocation to county governments.

So, my colleagues, let us give them until the end of the week. Luckily for them, they are members of ODM. In ODM, we have only very few basic rules; that when Mzee Baba says left, you go left. So, on this question of RMLF, Baba has said left, and Hon. Junet has agreed that he is going to take that left turn. We are waiting to see it.

On the question of RMLF, I think the Senator for Kitui had called out members of the Council of Governors. I saw that story in the news and they were quoting the Governor of Homa Bay, who is the Chairperson of ODM. In fact, what the Governor said is that because of what the National Assembly Members had given as an undertaking to deal with the question of RMLF and additional allocation this week, then really, as the Council of Governors, they were prepared, upon those concessions being made by the National Assembly, to withdraw that case on RMLF. It was not to say that they were ceding ground. At least, that is how I understood it to be.

Mr. Speaker, Sir, let me just conclude by saying that even here in Nairobi, I was receiving petitions today from residents of Kilimani. They were reminding me of a sporting competition that we used to attend when we were a bit younger, called the Rhino

Charge. They are saying Rhino Charge can now be easily held in Kilimani because of the state of the roads there and, therefore, we must raise our voices.

Mr. Speaker, Sir, we have said that we need to unlock this question of RMLF; we need these county governments to have funds, but, county governors are hiding behind this RMLF thing because it is not the only source of revenue for county governments. Here in Nairobi, we were told by our governor that we have exceeded, we have gotten the highest ever Own-Source Revenue of about Kshs 12 billion.

We should see an allocation of that money going to roads. Also, when he appeared before the Senate Energy Committee, the Governor of Nairobi City made a commitment that going forward, every person who applies for a construction licence must undertake to return the infrastructure to the same state that they found it. In Kilimani, you repair a road today, the next day somebody is drilling the foundation for a 20-storey building, and the road that you have just repaired the other day is being ruined again because of the heavy trucks that are delivering construction materials.

So, if that is woven into our licensing regime, that if you are a developer, you must return infrastructure to the same condition that you found it, then I think we will be able to make some progress. As we have said, we as a Senate, will defend devolution at all times. The threats are many.

I was having a conversation with the Governor of Murang’a. The County Government of Murang’a is exercising its mandate. Since water is a devolved function, they decided that they are going to lower rates for the residents of Murang’a. However, there is a national Government organisation called Water Services Regulatory Board (WASREB) that tells the governor that he cannot reduce the cost or the tariff of water for the people. It is ridiculous because WASREB themselves get money out of every liter that the people of Nairobi pay for.

So, if you reduce the cost for the people of Nairobi, you reduce the amount that is going to WASREB, which is a national organisation that should not even be existing. Therefore, we need a wholesome conversation about the state of our roads. We need to unlock the issue of RMLF, but county governors must now allocate resources to develop roads outside of that RMLF infrastructure.

I thank you, Mr. Speaker.

Asante Bw. Spika. Kwanza ningependa kujiunga nawe katika makaribisho yako uliyowakaribisha ndugu zetu kutoka Kilifi, hususan familia ya Mhe. Chokwe. Tunaelewa kuwa Chokwe alikuwa Spika wa kwanza wa Seneti katika taifa la Kenya. Hii ni familia ambayo inajulikana sana kule Kilifi na imejitolea mhanga kuona ya kuwa watu wa Kilifi wamepata haki yao. Zaidi sana, hawa ndugu zetu wakiwa hapa, wamejionea vile Seneti inavyo fanya kazi. Natumai kuwa wakirudi nyumbani, watakuwa na mambo ambayo wanaweza kuwaeleza ndugu zetu kule nyumbani.

Nikiwa hapa kama Seneta wa Kilifi, ninawakaribisha, wajihusishe na waone wakiwa huru. Waone wakiwa mahali ambapo ndugu zao wako. Kwa hivyo, karibuni sana ndugu zangu kutoka familia ya Chokwe.

Asante, Bw. Spika,

Clerk, you may now proceed to call the orders as I directed.

Clerk, allow us to dispose the two Orders, then we move on to the next Order. Hon. Senators, debate on Order No.8 had been concluded pending the putting of the question. I will put the question. This is a matter that does not concern counties and, therefore, voting shall be by voice.

Clerk, you may now proceed to call out Orders No.11 all the way to 15.

Sen. Lomenen, proceed to the Dispatch Box and cast your vote.

Hon. Senators, I will proceed to put the question on Order No.12, which is the County Public Finance Laws (Amendment) Bill (Senate Bills No. 39 of 2023) .

You may now proceed to vote.

Order, Hon. Senators. We will now move to Order No.14. I will put the question.

You may now proceed to vote.

You may now proceed to vote.

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

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

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

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

AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Faki, Mombasa County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo-Marakwet County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mbugua, Nyandarua County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. (Dr.) Oburu, Siaya County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Thang’wa, Kiambu County; Sen. (Prof.) Tom Odhiambo Ojienda, Kisumu County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

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

Serjeant-at-Arms, you may now open the doors and withdraw the Bar.

Hon. Senators, if you look at Order No.10, we are supposed to go to the Committee of the Whole. I beseech you not the leave the Chamber, so that we dispense with that particular Order before we resume the normal flow of today’s Order Paper.

Clerk, you may proceed to call that Order.

be now read a second time, proposed) We will vote electronically and thereafter, proceed to log out. Serjeant-at-Arms, please collect cards from unattended stations. (The Serjeant-at-Arms collected cards from unattended stations) Let us take away the cards from unattended delegates' units. You may now log back in.

51, and 52 (as amended), New Clause 41A, New Clause 41B, New Clause 41C, New Clause 41D, New Clause 41E, New Clause 52A, the Schedule, Clause 2 (as amended),

the Title, and Clause 1 put)

Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo Marakwet County; Sen. Kinyua, Laikipia County; Sen. Lomenen, Turkana County; Sen. Mbugua, Nyandarua County; Sen. Mungatana MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Ogola, Homa Bay County; Sen. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

The Temporary Chairperson (Sen. Wakili Sigei): Hon. Senators, the results of the Division are as follows-

Hon. Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the National Disaster Management Bill (National Assembly Bill No.24 of 2023) and its approval thereof with amendments.

Shall we rise?

Thank you, Mr. Temporary Speaker.

I beg to report that the Committee of the Whole has considered the National Disaster Risk Management Bill (National Assembly Bill No. 24 of 2023) and its approval thereof with amendments.

Mover, Majority Leader.

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

My name is Mwinzagu, not Mwanzigu. I second.

Proceed Mover.

Hon. Speaker, I beg to move that The National Disaster Risk Management Bill (National Assembly Bills No.24 of 2023) be now read a Third Time. I request Sen. Osotsi to second.

Mr. Speaker, Sir, I second.

Serjeant- At- Arms, ring the division bell for two minutes.

Hon. Senators, you may now log out and then back into your delegates units. Serjeant- At- Arms check for any unattended card.

Hon. Senators, you may now begin voting.

Sen. Abass, please come forward and vote manually.

Sen. Chute, resume your seat. Hon. Senators, I will now read the results of the vote.

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

AYES: 28 NOES: Nil. ABSENTIONS: Nil.

Serjeant-at-Arms, you may withdraw the bars and open the doors.

Senator for Taita Taveta County, Sen. Mwaruma, please approach the Chair.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. Today, 15th April, 2025, two years and three months after the internationally publicized accidents that I had here in Parliament, I am honoured to come before you and this House for the Second Reading of the Provision of Sanitary Towels Bill (Senate Bills No.7 of 2024) .

Mr. Temporary Speaker, Sir, before I make my submissions, I would like to inform the House that I want to do this in honour of Jackline Chepng’eno, a 14-year-old girl who committed suicide after a horrible incident of period shaming. As I was drafting this Bill, my thoughts were with the family of Jackline and many others who have suffered the severe consequences of period poverty.

Sen. Orwoba, allow me to interrupt you. You need to introduce your Bill properly by stating that the Provision of Sanitary Towels Bill (Senate Bills No.7 of 2024) be now read a Second Time and then proceed to make your submissions.

Thank you, Mr. Temporary Speaker, Sir. I stand guided. I beg to move that the Provision of Sanitary Towels Bill (Senate Bills No.7 of 2024) be now read a Second Time.

I will proceed from where I had started. Today might not seem to be a big deal for many people and even to some of my colleagues in Parliament. For the short period of time I have served as a Senator and in the 15 years that I have worked in community service, it is such an honour for me to legislate on this pertinent issue of period poverty. I want to take the House and the public through the Bill, so that any confusion that was witnessed earlier on can be clarified with the facts, which is the Bill that is before us.

The Provision of Sanitary Towels Bill (Senate Bills No.7 of 2024) is a Bill and an Act of Parliament to provide for the provision of quality, free and sufficient sanitary towels in public institutions and correctional facilities; establish the inter-ministerial committee on provision of sanitary towels; and for the connected purposes.

I will start by explaining why we chose this particular name; The Provision of Sanitary Towels Bill. We had a lot of deliberations and feedback from the public. There were those who felt that the name itself is limiting. After deliberating with the legal team

and those who have been involved in the space of menstrual equity, we came down to this particular name: The Provision of Sanitary Towels Bill for the avoidance of doubt. We did not want to have any confusion. Some people suggested that we should call it the Provision of Menstrual Products or Provision of Menstrual Management.

I want to inform the House that many a time we legislate and create a lot of loopholes and gaps such that people are unable to implement the laws that we pass. Menstrual hygiene and menstrual management is not limited to the products that we have. If we called it the provision or something to do with menstrual hygiene or management, we would then be also talking about things like painkillers, hot water bottles and nutrition. So, I was deliberate on this particular title. This is because I am trying to compel the Government of Kenya to provide sanitary towels to all schoolgirls and all women who are domiciled in the prisons. We, therefore, settled for the title: The Provision of Sanitary Towels Bill.

Part 1 of this Bill highlights the preliminaries. It cites what the Act will be called, that is, The Provision of Sanitary Towels. It also defines certain terminologies such as the committees, cabinet secretaries, sanitary towels, county interdepartmental committees and secretaries. This will help us not to have confusion when we go down to the details of this Bill.

We had a huge debate on whether this Bill should be domiciled in the Ministry of Education or whether it should be domiciled as an Act under the Ministry of Public Service, Youth and Gender Affairs. Some people were of the view that this is a public health issue thus this Bill should be domiciled under the Ministry of Health. I am giving us a brief history of what has been happening because this pertinent issue does not have a home. As we speak, it is being bounced off from Ministry to Ministry. It started off as an Act under the education laws. For a long period of time, the provision of free sanitary towels was domiciled under the Ministry of Education.

Mr. Temporary Speaker, Sir, there have been many challenges, including issues with procurement, distribution and prioritizing the vulnerable girls who needed these products most. There were also concerns about the quality of the sanitary towels provided. As a result, this task was recently transferred to the Ministry of Gender, Culture, Arts and Heritage by the Kenya Kwanza Government.

Under the Ministry of Gender, Culture, Arts and Heritage, I would like to acknowledge that the Kenya Kwanza Government has made significant strides in addressing the issue of period poverty. When we raised the matter of menstrual hygiene products accessibility with our party leader, he increased the budget for this initiative from KShs265 million to KShs1 billion. In the last financial year, Kshs1 billion was allocated to procure and distribute sanitary towels to schoolgirls.

My Bill proposes that this mandate be domiciled in the Ministry of Gender, Culture, Arts and Heritage. Although menstruation is a health issue and we are using the Ministry of Education through the schools to distribute menstrual hygiene products, the truth is that it is a gender issue. I believe placing it under the Ministry of Gender, Culture, Arts and Heritage allows for collaboration with other ministries, such as Health and Education, to ensure effective execution of the free sanitary towels programme for schoolgirls and women in prisons.

This Bill makes proposals contrary to what has been happening, which is bouncing off the finances from the Ministry of Education to the Ministry of Gender, Culture, Arts and Heritage. I understand that this is not a popular Bill among the Members of the National Assembly, particularly the women. Recently, there have been challenges in procurement and distribution of sanitary towels from the mother ministry, the Ministry of Gender, Culture, Arts and Heritage. I am aware that there have been conversations to move that fund to the women representatives’ kitty so they can procure and distribute.

I want to be honest with Kenyans that I anticipate the National Assembly might reject this Bill. However, they should understand that it is not because it opposes providing sanitary towels to vulnerable girls, but due to competing interests over management of the Fund. I urge the women representatives to set aside personal interests and look at the bigger picture of devolving this mandate to county committees. Devolution will enable grassroots engagement and better address the specific menstrual hygiene needs of each region.

This Bill proposes that the Ministry of Gender, Culture, Arts and Heritage oversee the procurement, monitoring, evaluation and distribution of sanitary towels through grassroots champions of period equity. It is time we moved beyond centralizing decisions in Nairobi and engaged grassroots communities in determining their preferences. For instance, some counties might prefer reusable pads over disposable ones. I needed to clarify that.

Additionally, in Part II on the administration and provision of sanitary towels, my Bill proposes that there is established an inter-ministerial committee on provision of sanitary towels. People have questioned the necessity of so many committees.

In the past, when funds were domiciled in the Ministry of Education, the framework for executing the provision and distribution of free sanitary towels was left entirely to the officials within that Ministry. Let me provide an example: When the Ministry of Education managed this Fund, a desk officer, who had no knowledge about period poverty, no statistics on vulnerable schools, and no expertise in menstrual equity, was responsible for decision-making. This desk officer would review the database of schools in their region and based on arbitrary factors such as personal connections with Members of Parliament (MP), decide which schools received sanitary pads that year. There was no thought process or expertise involved. The Government funding for sanitary pads ranged from Kshs265 million to sometimes Kshs400 million, but a desk officer would make decisions on the beneficiaries. Without proper monitoring and evaluation, we have failed to have the desired impact although we have been pumping money into this initiative.

The establishment of the Inter-Ministerial Committee on the provision of sanitary towels aims at ensuring that stakeholders managing these funds make informed decisions that align with the menstrual hygiene management policy in Kenya. The ultimate beneficiaries must be vulnerable girls and women.

Mr. Temporary Speaker, Sir, I would like to inform this House and public on the committee. The committee shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of-

Sen. Cherarkey, before you second, there is a Communication from the Chair.

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon, of a visiting delegation comprising of lecturers and 55 third year Bachelor of Arts in Political Science and Public Administration and Bachelor of Arts in Phenology, Correction and Administration students from Bomet University College in Bomet County. The delegation is in the Senate for a one-day academic exposure.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit.

Thank you, Mr. Temporary Speaker, Sir. I take this opportunity to welcome the students from Pwani University in Kilifi County. You have a unique opportunity to learn what the Senate is all about and what we do here. Some of us have

been where you are today and never got chance to visit certain institutions such as Parliament to appreciate the kind of work we do here.

Welcome to the Senate. Learn as much as possible. I hope to see some of you in future occupying these spaces in this Senate.

Proceed, Sen. Cherarkey.

Mr. Temporary Speaker, Sir, as I rise to second this Bill, I extend a warm welcome to the students from Bomet University. This is the House of legislation, representation and Oversight.

Your Senator was here, but since you are aware the President was in your county, I think he has been captured by the exigencies of duty. Feel welcome also together with the delegation from Kilifi.

I hope to see you in leadership in future. This is your country. You must be the leaders of today; not tomorrow. I hope in 2027, some of you can contest on some of these seats, except the Presidency since it is taken. You can then join us in this House.

month. This does not mean that these girls are sick. It is a natural thing and the attention of the country should be drawn to it.

We have seen pull and push between the Ministry of Public Service, Youth and Gender Affairs and Ministry of Education on the issue of budgeting. As we talk today, no one can say that in the appropriation of budget, it should be within the Ministry of Education or Ministry of Public Service, Youth and Gender Affairs.

I want to build the picture for the House to understand. In the Financial Year, 2023/2024, the Government appropriated Kshs940 million to be used for purchase of sanitary pads in our public institutions, especially the schools. This was double what had been allocated the previous Financial Year 2022/2023 where Kshs470 million had been allocated. In the Financial Year 2024/2025, the amount that is to be used to buy sanitary pads for our school-going children in public institutions and women in correctional facilities across the country tripled. So, we are talking of Kshs940 million and Kshs470 million. You will realise that four months into the financial year, the Ministry of Education and the Ministry of Public Service, Youth and Gender Affairs has not supplied sanitary pads to our learning institutions and correctional facilities. That is why I want to challenge the National Assembly. I know the Secretary General of the Orange Democratic Movement Party (ODM) has said that we wait for them to do what His Excellency, Raila Amollo Odinga, directed them to do. However, this is the work they should be doing.

In two financial years, they appropriated almost Kshs1.7 billion and no one has audited that amount. The National Assembly must be called out for incompetence. This is the oversight they should be doing instead of encroaching devolved functions like the Road Maintenance Levy Fund (RMLF) of Kshs11 billion. The National Assembly must be called out for being inept, moribund and ineffective in the oversight of public funds like the money that was appropriated for the purchase of these items. It was in their budget which we appropriate as a Parliament.

Article 114 of Constitution addresses money Bills and the budget making process. The budget making process is the work and domain of Parliament. It is not an exclusive function of the National Assembly. We have litigated this matter up to the Supreme Court. It started with the petition of 2013 when the National Assembly wanted to lock out the Senate in division of revenue. We have litigated this matter and the courts have ruled that the budget making process is the work of Parliament. Under Article 93 of the Constitution of Kenya, Parliament is both the Senate and the National Assembly.

Madam Temporary Speaker, the Kshs940 million and Kshs470 million that was allocated for the purchase of sanitary pads cannot be accounted for. That is why we are telling the National Assembly that they should oversight instead of encroaching on devolved functions like building markets and using National Government Constituencies Development Fund (NG-CDF) to give out bursary.

For the first time, I agree unequivocally with the former Prime Minister Raila Odinga when he says that we, Members of Parliament, should work as per Articles 94 and 96 of the Constitution. We should do representation, legislation, oversight and budget making, including division of revenue to our counties. That is how we will be efficient. You cannot be a judge in your own case. You cannot have your cake and eat it.

Therefore, the National Assembly should stop its bulldozing and arm-twisting in terms of oversight.

There is a saying that when a lizard wants to wear a trouser, it should choose the tail that will wear the trouser. I am happy that the other day in Bondo, the ODM Secretary General who is the Senator for Nairobi City County called out the National Assembly Minority Leader. That was brave of him. I have never been proud of Sen. Sifuna until that day when he called out the pretense. We had agreed that of the Kshs4 trillion national budget, the equitable shareable revenue of Kshs450 billion should go to counties. However, they went and substituted zero then it came to Kshs405 billion. Therefore, we need to agree. That is what the Senate Deputy Minority Whip was arguing about. I, therefore, want to challenge the National Assembly. They should know that when a lizard wants to wear a trouser, it should choose the tail that will wear it.

Allow me to quickly run through the Bill. I have heard the Mover of the Bill, my sister, who is doing a good work of promoting menstrual hygiene that she is pushing for provision of sanitary pads to public facilities. According to Article 249(3) of our Constitution, Parliament is supposed to appropriate funds to independent offices and commissions. It does not say the National Assembly. I want to invite my colleagues to read Article 249(3) of the Constitution. It says-

“Parliament shall allocate adequate funds to enable each commission and independent office to perform its function and the budget of each commission and independent office shall be a separate vote.” It does not say the National Assembly.

Madam Temporary Speaker, the argument of money Bill under Article 114 and Article 249(3) of the Constitution does not in any way impede the Senate from doing the legislative process that we have as a country.

The Mover has elaborated on the issue of Clause 7. On the composition of the committee, I agree that we need this committee which should proceed with oversight.

There is a clause there that talks of Non-Governmental Organizations (NGOs) and individuals. We have many people who pretend to issue sanitary pads to our young girls. They use period shaming and period poverty to publicize themselves. I usually see NGOs and individuals go to schools and give the small girls one packet of sanitary pad then ask them pose for a photo. They then send the photos to their donors. That is very unfortunate. There is actually no accountability. It is a way of promoting stigma.

Chesumei Sub-County and asked the headmaster of the number of times sanitary pads were issued? That is very important.

I agree with Clause 8. This is because we will facilitate close to one million girls who miss school three to four days in a month because of periods. Those girls will now be part of the students who will be learning. Most of our girls are very sharp. There is a song that says that what a man can do, a woman can do best.

Women and men, by God's grace, are equal and the same. Some people argue that women are smarter because they can multitask. However, we who are Christians, believe women are the neck and men are the head. I think that is what is right. That is how the Bible explains it. I do not know what the Muslims say about it. I do not know why Sen. Chute is complaining. We should stop tokenism in issuance of sanitary pads in this country.

Madam Temporary Speaker, I will skip clauses 9 to 12 because they are procedural issues. I would like to quickly move to Clause 14. I support the formation of a county interdepartmental committee to oversee and advise on this matter, so that we can realize the concurrent function. I believe that the provision of sanitary pads can be a concurrent function, considering that counties already manage Early Childhood Development Education (ECDE) classrooms, correctional facilities and public institutions like vocational training centres and youth polytechnics. Therefore, the formation of a county interdepartmental committee is very important.

Furthermore, we should promote the use of reusable sanitary pads. You have heard the President mention the initiative to plant 15 billion trees. We need to emphasize climate financing and climate action. It is essential to ensure that the sanitary pads being issued to our girls are eco-friendly to protect our environment.

Secondly, it is essential to ensure that the disposal of sanitary towels is done hygienically. The quality of sanitary pads should be of good quality and the correct size to prevent infections among young girls and women across the country. Therefore, the State Department for Public Health must be part of this conversation.

Madam Temporary Speaker, I agree with Clause 16 regarding auditing and reporting. However, I suggest an amendment that the reporting mechanism be directed to Parliament. Since the National Assembly has been unable to provide adequate oversight and now that this is a concurrent function, I believe the County Public Accounts Committee (CPAC) might be a bit held up. Therefore, the matter should be referred to the County Public Investment and Special Funds Committee (CPIC), which should address the issues of sanitary funding. This proposal involves the Deputy Party Leader of ODM, Sen. Otsotsi, whose expertise in auditing and reporting to Parliament adds efficiency and value. I can see him nodding in agreement as this amendment will expand his role in ensuring effective oversight of sanitary funding.

I agree with Clause 22 that a person who rebrands or sells poor-quality sanitary pads that can cause infections to our girls and women should face strict penalties. They should either be fined Kshs5 million or incarcerated for five years. You can imagine the serious health risks posed by substandard or poor-quality sanitary pads as infections can become a significant problem for our girls and women.

Madam Temporary Speaker, Sen. Chute's chauvinism should be shielded from this Bill to ensure progress. I believe he should return to his county and articulate the points he has been sharing with me behind the scenes. Then we will see if women will elect him back to this House.

I therefore commend the Mover and the sponsor of the Bill, Sen. Gloria Orwaba, for the Provision of Sanitary Towels Bill (Senate Bills No.7 of 2024). I hope it will be passed. I want to encourage the women in the National Assembly to support anything that empowers and restores dignity to our women. This should be the clarion call for our country.

I know people will ask what about the boy child? Sen. Eddy, can propose a Bill on the provision of underwear or inner clothes for the boy child. We can also fund and ensure that boys in our primary and secondary schools have access to these essentials. Promoting gender equity is what it will takes to pass this Bill. However, I believe that the Members of the National Assembly are reasonable enough to ensure that this Bill by Sen. Gloria Orwaba is passed.

It has not gone without gain that Sen. Gloria Orwaba has been the biggest champion of this cause. She has even gone as far as putting up billboards in Nairobi and raising awareness before this House. We must hold on to such leaders, being a nominated leader. We have seen nominated leaders in this House, both in the previous session and in this one, who have done little or nothing in terms of legislative interventions. Some have been flower girls and flower boys. When we have a nominated leader who steps up to push an agenda, we should encourage them so that we make sure---

On a point of order, Madam Temporary Speaker.

What is your point of order, Sen. Chimera?

Sen. Cherarkey, please sit down.

Madam Temporary Speaker, I have listened to Sen. Cherarkey. Is the Senator in order to refer to nominated Members of this honourable House as being flower girls?

Sen. Cherarkey, please apologise for using the words ‘flower girls.’

Madam Temporary Speaker, I did not mention anybody's name.

Please withdraw the use of the word---

I said some---

No, you said Senators in this session and the previous session who have been ‘flower girls.’ Can you withdraw, please?

Madam Temporary Speaker, let me withdraw and substitute by saying some of our colleagues---

Please withdraw, I did not ask you to substitute.

I have withdrawn and apologised. However, some of our colleagues, even in the previous session, have become flower girls and boys without---

Sen. Cherarkey, you are now crossing the line. Please do not use the words ‘flower girls’ in reference to any Senator. Please withdraw and apologise.

Madam Temporary Speaker, is flower girls and flower boys unparliamentarily? Can I substitute by saying---

No, please withdraw.

I have however withdrawn and apologised.

No, you have not. Can you withdraw and apologise on record?

I withdraw and apologise by saying that as Members of Parliament (MP) ---

No, you have withdrawn and apologized, not by saying anything.

As Members, we must take our work seriously, whether elected or nominated. We should do our job. Our job is not to be court testers for individuals or parochial interests, whether of parties or individuals in this House or the lower House. Therefore, I celebrate Sen. Orwoba for her efforts. The Bible says, "The guilty are always afraid."

As I second this Bill, I want to emphasize the need for all of us to rally together and ensure its success. Let us vote for it. I propose adding delegations, as the involvement of counties may require their support. Let us pass this Bill and grant our girls and women the dignity to live a respectful and dignified life across the country. Since every man loves women, we must not only express affection, but also demonstrate our support through actions and deeds, including legislation and interpretation.

With those remarks, I beg to second. I thank you.

Sen. Eddy, proceed.

Madam Temporary Speaker, I thank you for giving me the opportunity to share my thoughts on this Bill. I believe that the spirit of the Bill is one we must support. This is because, as a country, we decided as far back as 2017 that it is unacceptable for girls to miss school due to a lack of sanitary towels.

We also agreed that within our borders, it is unacceptable for girls to use unhygienic materials such as torn pieces of clothes or blankets as substitutes for sanitary towels. Similarly, we deemed it unacceptable for our girls to be exposed to sexual activities with their male counterparts in exchange for sanitary towels, simply because they or their families cannot afford them.

We even agreed in 2017 that women and girls must not only use sanitary towels as a means of managing their menstrual cycle, but also be empowered. They should have the capacity to choose based on taste, comfort and anything else that upholds their dignity. These were the principles we agreed upon. That is why, even in certain conversations in this House and on other platforms, Sen. Karen Nyamu has been

recognized as an advocate for women’s access to tampons. This is indeed a very serious issue that we are addressing.

What has been the response in the corners of our country? The first response is that we have had charitable organisations trying to fill the gaps. We have also, time without number, witnessed community-based programmes making efforts to fill in the gaps. We have also had situations where people are capable to afford what they can in their private capacities if they have money.

Madam Temporary Speaker, the title of the Bill talks of provision. Let me not misquote the Bill because I want to read it as is. It is The Provision of Sanitary Towels Bill. The Bill assumes there is no avenue where the Government of Kenya is providing sanitary towels to women.

The fourth issue is on the menace of acquisition or access to sanitary towels. That should be Government initiatives. When we make Bills in this House, especially on issues that affect women, I want to encourage all female Senators in this House and Parliament in general. Once you have got an opportunity to enter a door, build on it. The truth is that we have a Government Act in place to provide sanitary towels to our female counterparts.

I would like to refer to that Act. It is the Basic Education Act of 2017. Section 2(k) of it requires the Ministry of Education to provide free, sufficient and quality sanitary towels to our girls in school. This has been followed with budgetary allocations. There is a standard requirement to respond to this problem. It will be a mischaracterization of our country if we talk about lack of because the provision does exist. External people such as donors might think that the Government of Kenya has never done something like this when that Bill was passed in 2017. It requires that annually, women or girls in school must get nine packs. Section 2(k) is very specific. It states that all girls in our schools must get nine packs of pads per year. That translates to one pack per month.

I would like to advise my sister, Sen. Gloria, to look at how we can improve on this, so that we have more. Currently, our girls get about seven pads.

On a point of order, Madam Temporary Speaker. The Senator for Migori whom I highly respect is good in doing research and I like listening to what he says. However, he has brought up a fundamental issue on the Floor of the House. The law exists, but we have a Bill that was approved by this House, underwent First Reading and now we have started the debate which is Second Reading.

Madam Temporary Speaker, I would like to have a proper clarification and an informed ruling. We should know whether we are on the correct trajectory to debate a Bill where an Act of Parliament already exists.

What is your point of order?

Are we in order to debate---

A point of order should be such that the person who was speaking said something. You seem to be agreeing with them. So, what is your point of order?

Are we in order as a House to debate, not an amendment, but a law that provides what already exists?

Hon. Senators, the Bill before as is framed in a language that is not there. It is up to this House to debate this Bill and determine in one way or the other if the Bill is necessary or not. You will get to do that when you vote.

Let us proceed.

Madam Temporary Speaker, we are all aligned to what Sen. Mungatana is saying. What he is asking is fundamental. I will go ahead and demonstrate to you how the Government of Kenya has addressed this issue. The only new part I can see in this Bill talks about correctional institutions and the committees to distribute, which I think is a policy issue.

That Bill went through the Houses of Parliament in terms of budgetary allocation. I want to give you an example. In the Financial Year 2021/2022, the Ministry of Education had a budget for 1.7 million girls who had been enrolled in our schools. Therefore, they tried to capture girls in our education system who were at the puberty stage. That was between Class Six, Seven and Eight. They demonstrated that they needed about Kshs621 million to provide the nine packs as required by the existing Act. Due to budgetary constraints, they were allocated Kshs259 million only. That means that in the subsequent years, which I do not want to go into those numbers, there has been incremental capitation by the Ministry of Education for provision of sanitary pads.

If you look at the Kenya Environmental, Sanitation and Hygiene Policy (KESHP) 2016-2030, it was adjusted to look at this issue holistically. In this Act of 2017, the policy required that all schools must have private collection and disposal systems for used menstrual clothes and sanitary towels.

There are fundamentals of this Bill that we are dealing with. The first one is the issue of provision, which does exist. Is there enough capitation for it? I wish my sister, Sen. Gloria, instead rethought this entire Bill into a policy framework that will make sure there is enough capitation for what exists in that particular Bill like the KESHP 2016- 2030 that looks at how to deal with the issue of hygiene infrastructure in the country, should be financed.

My worry is that if we end up over-legislating, we will disadvantage the women. For you to pass this Bill, you should start another journey of looking for its budget when the other budget is suffering from not getting enough capitation. That way, you will disadvantage the women in getting enough resources because of what already exists. It is a fundamental question that I wanted to raise. For instance, if you think about what that policy requires in terms of private system of having women to collect and dispose of sanitary towels.

If you look at what happened in the backdrop of the Act that exists, in January, 2023, public health officers closed a number of schools. An example is Ogada Primary School in South Kabuoch in Ndhiwa Constituency in Homa Bay County, where my brother Sen. Kajwang’ comes from. The reason the school was closed is because they did not comply with the policy that exists to make sure that there are proper toilets or pit latrines to dispose sanitary towels. The policy required capitation, so that all schools have separate latrines for girls, such that even when they go to change their pads, they have got private toilets. You can imagine we already have a law and a system that can develop

this, but again we come up with a new law that forgets that the issues here are finances and distribution. It will be a disservice to women. What we should do is to find an innovative way. I hope that Sen. Gloria will meet me outside this platform, so that we can consult on how we can holistically look at existing infrastructure and ensure that, one, money goes to those infrastructures that exist.

Secondly, Madam Temporary Speaker, we need to invest in what exists becomes the issue of distribution, which is the only way we can think about counties and the communities that are proposing this Bill to ensure that in the existing Basic Education Act of 2017, perhaps we could explore something like Article 189 that allows cooperation between the national Government and county governments. They can create a committee that ensures that what already exists under the Ministry of Education can be devolved into the counties to help hasten the process of being able to give those powers to our girls in schools. Doing a whole new law when one exists that has not been funded properly would be a disservice to women.

Madam Temporary Speaker, that is my caution and I am mixed at this point whether I support or not. However, I wanted to give caution that this is a danger that might take away from the gains that women have made in the number of the Bills and policies that exist. I wish that both the Secretariat and the Senator who has sponsored this Bill can sit together and look at how we can empower the policies and the Act that exist, to ensure that it gets money, infrastructure for distribution and make sure that we can get the sanitary towels to our women.

I thank you.

Sen. Chimera, please proceed.

Asante, Bi. Spika wa Muda, kwa kuna fursa hii ili nichangie kuhusu Mswada huu wa Sen. Gloria Orwoba.

Kwanza, ningependa kumpongeza sana Sen. Gloria Orwoba, kwa sababu yeye ni Seneta mteule lakini tunaona kazi anayoifanya hapa Bungeni. Nilikuwa na wasiwasi kwa sababu nimemuona kwa mabango katika sehemu mbalimbali za nchi yetu, akiashiria kwamba yeye ni mkereketwa mkuu wa swala hili.

Vile vile, Seneta huyu amefika hapa Bungeni akiwa amevalia nguo iliyokuwa na rangi nyekundu kwa sehemu zake za siri. Kumbe ilikuwa ni ishara kwamba alikuwa anamchakato wa kuhakikisha kuwa ameleta Mswada huu ambao ni wa maana sana katika nchi yetu. Ningependa kumpongeza sana kwa Mswada huu.

Vile vile ningependa kunakili semi za Sen. Eddy Oketch kwamba kumekuwepo ama kunayo sheria tayari kuhusu swala hili. Walakini, ningetaka kumueleza kwamba nimeona sheria hii imeweza kunukuu kipengele fulani cha 18 cha Sheria ya Basic Education Act na hiyo ni kuonyesha kwamba Sen. Gloria amepiga msasa sheria ambazo zipo kwa sasa kuhusu swala hili la visodo.

Bi. Spika wa Muda, wanafunzi wetu wa kike, hasa wale wanaotoka mashinani, wameteseka. Ukiangalia zile sehemu za ndani za nchi hii, kama Kaunti zetu za North Eastern, kwa mfano, kaunti za Wajir, Marsabit na hata Kaunti yangu ya Kwale, kuna sehemu za ndani kama vile Shesheni, eneo Bunge la Lungalunga, Ngathini, eneo Bunge la LungaLunga na Kaza Moyo, eneo Bunge la Kinango.

Hizi ni sehemu ambazo wanafunzi wetu wa kike wakifika wakati wa mwezini na hawajapata fursa ya kupata visodo, inakuwa hali ngumu kwao kuenda shuleni. Inakuwa hali ya aibu zile siku mbili au tatu ambazo wanapitia hali ya maumbile yao ya kiubinadamu. Inakuwa dhiki na aibu kwao. Inafika wakati wanatumia hata vitambara ili kuhakikisha kwamba wameweza kuzidhiri siku zao za mwezi kibinafsi.

Ikiwa sheria hii itatekelezwa na ukweli tutapata fursa ya Serikali Kuu na serikali zetu za ugatuzi kuhakikisha kwamba visodo vinasambazwa katika kila shule ya upili ama ya msingi ili wanafunzi wetu wa kike wavipate.

Itakuwa hali ya afueni kwao kwa sababu kwa sasa ni aibu sana kwa mwanafunzi yule hawezi kupata visodo. Sio kwamba hawana uwezo. Wakati mwingine, utapata familia zingine kule mashinani wana uwezo lakini kufikia hizo visodo ni hatua na inakua bei ghali sana na wanashindwa kuzipata. Kwa hivyo, nampongeza sana Sen. Gloria kwa hili wazo lake la kuhakikisha kwamba Serikali ime chukua jukumu la kuhakikisha kwamba visodo vimesambazwa katika kila kona na shule ya nchi ili yule msichana ambaye anahitaji visodo apate haki yake, pasipo kumjua mtu yeyote, au kuenda kwa ofisi, either ya mzee wa mtaa, chifu ama mbunge.

Sisi wanasiasa tunatumia swala hili kufanya siasa. Sio vyema kwamba unamdhalilisja mtoto wa kike ili ufanye siasa yako. Ikiwa wewe ni kiongozi na unahitaji kusaidia jamii kwa kuwapatia wanawake wetu visodo, tunakuomba ufanye vile kwa njia ambayo inastahili, wala sio kuwatumia wasichana wetu kufanya siasa.

Vile vile, ningependa kumpa Sen. Gloria mawazo kwamba, tumeona ameweka kamati mbili katika sheria hii. Kamati hizo zimepewa nguvu za ajabu sana ya kwamba wao ndio watasimamia suala hili lote, kuanzia kupata fedha, kufanya mipangilio na usambazaji wa hivyo visodo. Namuomba aangalie hapo maanake tunajua kwamba fedha ikitoka kwa Serikali Kuu ikienda kwa Kamati ambayo tunaona kuwa imeteuliwa na watu binafsi, hatujui uwajibikaji utakuwaje katika kamati hiyo. Vile vile, magavana wetu watakua na hali ya atiati kuipatia kamati ya kaunti kufanya kazi hii ya kusambaza visodo kupata fedha hizi. Tunajua hali ya kiuchumi ni ngumu. Nimeona ile kamati ni lazima ipate aidha allowance ama kiinua mgongo fulani ili wafanye kazi hii. Kwa hivyo, Sen. Gloria, nakuomba uangalie suala hili, Vipengele vya 12 na tatu. Hizo kamati ni nyingi, na vile vile zina majukumu ambayo ni ya nguvu sana na inaweza kukupatia shida na viongozi wengine.

Bi Spika wa Muda, tayari, akina mama wetu ambao ni women representatives wana mfuko ambao unaitwa the National Government Affirmative Action Fund (NGAAF). Ningependa kukutaarifu kwamba mimi nilikuwa mratibu mkuu wa kwanza kusimamia fedha hii katika Kaunti ya Kwale, wakati ambapo kiongozi wetu alikuwa Mhe. Mwenda zake marehemu Zainabu Kalekye Chidzuga, Mwenyezi Mungu amrehemu, amsamhehe dhambi zake, na amuweke mahali pema, palipo na wema.

Tulifanya miradi kama hii lakini hakukuwa na sheria. Ilikuwa tu, mtu au kiongozi anaamka na kusema leo naomba nisambaze visodo. Wewe kama mratibu mkuu huna budi ila kuhakikisha umetafuta fedha na umeziweka katika ule mradi na huo mradi umefanyika.

Leo hii, tunaona sheria ya NGAAF iwehakikisha kwamba women representatives wetu wamepewa fursa ya kutafuta hivi visodo na kuvisambaza nyanjani ili wanafunzi wetu wafaidike na hivi visodo.

Najua viongozi hapa watasema mbona tayari kuna sheria kuhusu visodo, kwa nini tulete sheria ingine kupitia Sen. Gloria Orwoba. Ningependa kuwataarifu kwamba hata kama hio sheria ipo, bado lile jukumu la kuhakikisha wanafunzi wetu wamepata visodo wote sawia, kila mmoja bila kubagua au kujulikana, haijaweza kutekelezwa vilivyo.

Hivyo basi, ningependa kumuomba Sen. Gloria kupitia sheria hii, azungumze na hao viongozi wengine wakiwemo women representatives kwa sababu ikifika kule Bunge la pili, wanaweza kuleta shida na sheria hii. Hata hivyo, Sen. Gloria, nina imani kwamba, mkizungumziana tutapitisha sheria hii na itaweza kumuokoa yule mwanafunzi ambaye hajui lolote na yeyote, na ni mchochole, aweze kupata visodo hivi na kuendelea na majukumu yake kukaa shule afanye mitihani yake na ahitimu. Mwisho wa siku, inshallah tumuone katika Bunge kama hili pia yeye akizungumzia masuala ya wanawake wenzake.

Kwa hayo, nampongeza Sen. Gloria kwa Mswada huu na ninauunga mkono. Asante, Bi. Spika wa Muda.

Sen. Mungatana.

Madam Temporary Speaker, many years ago, when I was in class seven, a very strange happening took place. I was in Arap Moi Primary School, Ngao. Those days, the classrooms had very large windows, which were not covered. So, you could jump out or into the classroom. There were no doors. That is the school I went to from standard five to seven. Of course, it is much better now.

Madam Temporary Speaker, the strange happening was that we were in class and then we were about to go for a break. One of the very bright girls just stepped on one of the desks and jumped out of the window. I never understood what was happening. Most of the boys at that age, did not know what was happening. Many years later, I came to understand that the young girl then was having her periods. In our custom those days, it was very, very secretive thing. Men or boys like us were not supposed to know what was happening and men were not supposed to discuss what was happening. It was a secret thing because you were told that there are things that girls go through that you are not supposed to know. There was a custom of secrecy around it. Little did I know many years later, that custom of secrecy in Tana River County in those days was a custom of oppression for our young girls; our young daughters. It was kept so secret that the girls were supposed to miss school, go and hide, three, four days later they would appear.

We also did not know what was happening as boys. Today I stand to support this Bill because when I came to understand what was happening, I told myself that when I grow up and God gives me daughters, it will never happen that they would be ashamed of what God has so graciously given them.

Madam Temporary Speaker, my wife and I have made it a custom that all those wonderful girls that God has given us, every one of them who we say, ‘has started’--- in Kiswahili we say, amevunja viungo--- we would take her out and sit with her for a beautiful dinner and tell her, ‘Mommy, God makes you more beautiful as you grow up’. Because the mum would give me the information. I tell them that ‘what has happened to you means, God is making you more beautiful. Your hair will grow longer, look prettier,

your face will be softer and you will stop being a tomboy. You have to behave in this and this way’. That is the way we bring up all our children.

Madam Temporary Speaker, why am I saying this? It is because here in town, it might be normal. However, the communities we come from, and I am talking about the communities in a place like Tana River County, where we are so conservative still---

I urge that Sen. Orwoba soldiers on and fellow Senators to support this Bill. There is only thing by way of improvement of this Bill that I would like my colleague to think about. I am reading a provision about the structure of the administration of the Bill. It says that she intends to set up a committee through this Bill that would have a cooperate entity. It is an inter-ministerial committee on provision of sanitary towels.

I have been through a lot of legislation. How do we create and inter-ministerial committee and give it corporate entity? Would it not have been better to set up a proper parastatal in charge of this? I say this because it has a corporate seal, it can sue and be sued. It does purchasing and all these things like a proper corporate entity. The inter- ministerial committee has a chairperson and Principal Secretary (PS) responsible for gender, the PS for education or their representative designate. You also have the PS for correctional services, for higher education and for vocational education. There are so many principal secretaries.

Apart from these many PSs or their designates, there is the Attorney-General. I have been in Government for a while and also Chair of the Kenya Ports Authority (KPA) . I know how boards are supposed to work. At least for a board one is sure who the member is. They are given their allowances and they know whenever they sit, there is a certain benefit attached to it.

For these ministerial things, the officer who comes one day may not be the one in the next meeting. One day the gender or even correctional person does not come. It is a different person every time. It becomes impossible to make a decision as a corporate because maybe the other officer from the Ministry of Gender is not there. It becomes so

difficult. The Attorney-General has many lawyers and state counsel who will keep exchanging. Making one decision such as where to place money becomes very difficult.

I see a situation where my colleague might want to think about setting up a proper parastatal that is charged with this; we give the money and support the initiative to the end. I am very worried about the current setup that is carried all the way to the counties. At the county there are inter-ministerial departments’ setup. There is the argument that if the money is located in one particular department or one place, it can be subject to misuse. It is better we legislate how that money will be operationalized and we achieve the goal where there is unified decision-making. However, if we have three departments or three ministries then the beautiful thoughts of my colleague, Sen. Orwoba, will be frustrated by people. She will not get the results because Government works in a very strange way. One needs to be in there for them to know what I am talking about.

I am urging to look for a more efficient way for this money to flow to our people. That is the only point I wanted to make. This is a wonderful idea whose time has come. I urge the men who are listening to support the girl child. I am referring to men who are traditional like myself, who come from counties that still believe and practice our traditions. I am referring to men who cannot even say some words because those words do not even exist in our mother tongues. I urge them that it is time we change and support the girl child. We should support this Bill.

With all those many words, I beg to support. Thank you.

Thank you, Madam Temporary Speaker, for this opportunity. This is a very good Bill for all intents and purposes.

It is an open secret that Kenya is going through a lot of period poverty. Period poverty is defined as the inability to access period products, clean water and a hygienic environment during the period. The main cause of period poverty is not the lack of water, period stigma or lack of sanitation. The main cause of period poverty is the high cost of period products.

Statistics show that 65 per cent of women and girls in Kenya cannot afford sanitary products. About 95 per cent of our menstruating girls have to miss school for a day or two days when they are on their period. We cannot continue to normalise such alarming statistics and the effect that they have on the education of a girl child.

One might ask, how have we managed all this time? We have been filling the gap through donations. We have had an NGO here and a philanthropist there. The women representatives can also donate some sanitary pads, but they do not meet the entire needs that we have in our schools and our prisons. So, why not adopt this legislative proposal and the legal structure that Sen. Orwoba is proposing and fine-tune? Everyone here represents people and we all know the dire need on the ground.

The intent of this Bill is sacred. We need to support it and guide it to ensure that our girls eventually get free sanitary towels, if not for anything, but for their dignity. There is no dignity in donations. We need to give them the sanitary pads so as to end the stigma. We should give our girls dignity by having a system where they will be guaranteed sanitary products. They should also be guaranteed to attend all the days in school.

The amendment I would propose to this Bill is to include a shelf life, perhaps 20 years, to allow the Government to develop solutions for affordable sanitary products. These solutions could include zero-rating raw materials, ensuring access to cheap labor for production, subsidizing the sector and establishing domestic manufacturing of sanitary products.

Another proposal I would suggest to Sen. Gloria to include in the Bill is the introduction of period education. This would help girls understand what is normal during their period, recognize when something might be abnormal and know how to manage pain. It would also expose them to the variety of period products available, as sanitary towels are not the only option. Girls should have the freedom to choose what is most comfortable for them.

Madam Temporary Speaker, tampons are an excellent option. I do not know if you can bear me witness on that. Speaking from personal experience, I can attest to their comfort and convenience. They allow you to almost forget you are on your period. There is often a misconception about tampons being a significant or intimidating choice, but the mini tampon, for instance, is much smaller and is designed to absorb effectively.

Those are my remarks on this Bill. I support The Provision of Sanitary Towels Bill (Senate Bills No.7 of 2024) with amendments. Thank you.

I call upon the Mover to reply.

Thank you, Madam Temporary Speaker. I beg to reply by thanking the Senators who have demonstrated their support for this piece of legislation today. I extend my thanks to my seconder, Sen. Cherarkey, for interrogating and highlighting the key aspects of the Bill. I also wish to thank Sen. Eddy Oketch for pointing out some issues that I will clarify in due course.

My appreciation goes to Sen. Chimera for stepping in and ensuring that no critical points have been overlooked. I thank Sen. Karen Nyamu for enlightening us on alternative options and emphasizing sustainability, particularly with her suggestion to include a shelf life.

Lastly, I thank Sen. Danson Mungatana, who has given us his insights on period poverty and how he got sensitised on this pandemic of period poverty.

As I reply, I would like to highlight that there is indeed an amendment under the Education Act. If you refer to point 23 of my proposed Bill, you will see that Section 18 of the Basic Education Act is amended in sub-section (1) by inserting the words "in consultation with the inter-ministerial committee on provision of sanitary towels established under The Provision of Sanitary Towels Act," immediately before the words "prepare and submit" appearing in paragraph (k) .

I also wish to inform those who have contributed, particularly Sen. Eddy Oketch, that I am aware of existing legislation that touches on the provision of sanitary towels. However, I would like to clarify that this legislation has not been implemented. It lacks timelines, does not stipulate frequencies, fails to address the quantity or quality of the sanitary towels and does not clearly assign responsibilities. Moreover, it does not allocate a specific budget or provide any repercussions for non-compliance in subsequent years if the provision of sanitary towels is not upheld.

My proposed Bill seeks to cure these legal loopholes, which have been misused, thereby denying women and girls in Kenya access to sanitary towels.

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. Sen. Orwoba, you have a balance of 27 minutes. The Senate, therefore stands adjourned until tomorrow, Wednesday, 16th April 2025, at 9.30 a.m.

The Senate rose at 6.30 p.m.