February, 17, 2026 SENATE DEBATES 1

Tuesday, 17th February, 2026

Senators, you may now resume your seats. Clerk, do we have quorum to start the session?

You may ring the Quorum Bell for 10 minutes.

Clerk, kindly, ascertain that we now have quorum.

Serjeant-at-Arms, please, stop the Quorum Bell. Clerk, you may call the first Order.

Hon. Members, there is a Supplementary Order Paper that is in your gadgets. You may switch to it for purposes of following the proceedings.

Clerk, call the next Order. There are a number of Papers that are meant to be laid by the Senate Majority Leader.

Clerk, could you facilitate the Majority Whip? Majority Whip, proceed.

February, 17, 2026 SENATE DEBATES 2

Mr. Temporary Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 17th February, 2026-

February, 17, 2026 SENATE DEBATES 3

February, 17, 2026 SENATE DEBATES 4

February, 17, 2026 SENATE DEBATES 5

February, 17, 2026 SENATE DEBATES 6

February, 17, 2026 SENATE DEBATES 7

February, 17, 2026 SENATE DEBATES 8

Order, Sen. (Dr.) Khalwale and Sen. Ali Roba.

Sen. (Prof.) Tom Ojienda, resume your seat. Let us have---

Mr. Temporary Speaker, Sir, report of the Auditor-General on financial statement on Receiver of Revenue - Revenue Statements, County Government of Elgeyo Marakwet for the year ended 30th June, 2025.

Report of the Auditor-General on financial statement on Receiver of Revenue - Revenue Statements, County Government on Nandi, for the year ended 30th June, 2025.

February, 17, 2026 SENATE DEBATES 9

Thank you, Mr. Temporary Speaker, Sir. I beg to give notice of the following Motion-

THAT AWARE THAT, Article 42 of the Constitution guarantees every person the right to a clean and healthy environment, which includes access to safe energy options; FURTHER AWARE THAT, over 900 million Africans, including more than 90 per cent of households in Kenya’s rural areas, still rely on traditional biomass

for cooking, resulting in high levels of indoor air pollution that cause premature deaths, particularly among women and children; CONCERNED THAT, in Kenya, indoor air pollution has been linked to over 23,000 annual deaths, with women and girls bearing the disproportionate burden of time spent collecting firewood and cooking, limiting their education and economic opportunities; NOTING THAT, traditional cooking methods contribute significantly to deforestation, greenhouse gas emissions, and climate vulnerability at the county level, undermining national commitments

February, 17, 2026 SENATE DEBATES 10

Next Order. Proceed, Leader of Majority.

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

THAT, NOTWITHSTANDING, the resolution of the Senate made on 12th February, 2025 on the approval of Senators to serve in various Standing Committees of the Senate and pursuant to Standing Orders No.197, 199, 228 and the Fourth Schedule of the Standing Orders, the Senate approves the following Senator, nominated by the Senate Business Committee, to serve in Standing Committees of the Senate as follows –

February, 17, 2026 SENATE DEBATES 11

Clerk, let us move to the next Order.

Proceed, Sen. Essy Okenyuri.

Thank you, Mr. Temporary Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a statement from the Standing Committee on Health on a matter of national concern regarding the ongoing crisis at the Kenyatta National Hospital and other health facilities across the country that provide cancer treatment.

Due to stockouts of life-saving drugs, there have been severe disruptions in access to critical cancer medicines. As a result, patients are forced to choose between delayed treatment in public facilities or paying exorbitant prices in private health facilities. Although the enhanced oncology benefit under the Social Health Authority (SHA) was intended to provide financial protection to cancer patients, beneficiaries have been unable to access the Kshs800,000 cover as the new benefit package has not been fully implemented or operationalised.

In the Statement, the Committee should address the following –

Hon. Senators, before I proceed to permit some additional statements, I have a communication to make.

February, 17, 2026 SENATE DEBATES 12

Hon. Senators, I would like to acknowledge the presence, in the Speaker's Gallery, this afternoon of visiting delegations from the County Assemblies of Migori and Busia.

The delegation comprises of five officers from the Hansard Department of the County Assembly of Migori and two officers from the Department of Serjeant-at-Arms of the County Assembly of Busia, who are undertaking a benchmarking visit in the Senate.

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

I will allow the Senator for the County of Migori and Busia to welcome them. Before I do that, I have a further communication from the Chair regarding visiting teachers and students from Karima High School in Murang’a County.

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon of visiting teachers and students from Karima High School in Murang’a County. The delegation consists of five teachers and 223 students.

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

Thank you. Sen. Eddy is present, so I give you one minute to welcome the delegation from Migori County. Sen. Joe Nyutu from Murang’a, you will welcome the students from Karima High School. Sen. Omtata Okiyah from Busia will also have a moment to welcome the officers from Busia County.

Mr. Temporary Speaker, Sir, thank you for the opportunity. It is my honour to welcome the team from Migori. I cannot overstate the importance of keeping HANSARD as a record of what happens in these newly formed assemblies in our communities. I am a better Senator today because I benefitted a lot from people who came to this House before us. They are people I have admired. These are people like Sen. Orengo, Baba Raila Amollo Odinga and J.M. Kariuki, who were in these Houses, long time ago. I encourage you not to take your work lightly. What you are

February, 17, 2026 SENATE DEBATES 13

Proceed, Sen. Okiyah Omtatah.

Mr. Temporary Speaker, Sir, thank you for the opportunity to welcome the delegation of the Serjeant-at-Arms from Busia County Assembly.

You are most welcome to this assembly. I hope you learn best practices from both this House and the National Assembly. From here you will go back and serve the Assembly of Busia with due diligence and through an upgraded way of doing things.

Mr. Temporary Speaker, Sir, Busia Assembly is an interesting one. One of the top assemblies in this country, with more than 70 per cent of its members being graduates. So, it is an Assembly that we celebrate. We hope that the Serjeant-at-Arms will be up to the task and ensure that these young men and women representing us deliver on their mandates and serve the people of this Republic.

Thank you very much. We shall have a proper handshake outside the Chamber. You are most welcome.

Sen. Khalwale, I recognise you.

Sen. Joe Nyutu.

I will not allow that, Sen. Khalwale. He was actually catching your attention to concentrate on his welcome remarks. Do not worry about any other comment that he could have made.

Proceed, Sen. Joe.

Thank you, Mr. Temporary Speaker, Sir. I also take this opportunity to welcome the students and teachers of Karima High School in Murang’a County. We welcome them to this Chamber and ask the students to do what brought them here. They should watch how debate is done here. This will enrich their debating capabilities and skills when they go back to school. I want to believe that they have a good debating club. I congratulate the teachers for choosing to bring their students here to provoke in them students the urge to debate.

I hope that they will have enough time to watch us debate here in a mature way. They are young people, and young people across the country are saying; “sisi ndio Sifuna”. They can also see Sen. Sifuna here, so that when they go back to Murang’a and start saying “sisi ndio Sifuna,” they will have seen the Sifuna alongside the rest of us.

Thank you, Mr. Speaker. We welcome these learners to this House.

Now, we are going back to the statements pursuant to Standing Orders No.53.

Proceed, Sen. Samson Cherarkey.

February, 17, 2026 SENATE DEBATES 14

Thank you, Mr. Temporary Speaker, Sir. With your indulgence, I request for a statement on the exploitative and deceptive recruitment of Kenyan youth to Russia. This is not about the famous Russian guy who has been taking advantage of girls, but on another matter.

Read your statement.

I rise, pursuant to Standing Order No.53 (1) , to seek a statement from the Standing Committee on National Security, Defense and Foreign Relations on a matter of national concern regarding the exploitative and deceptive recruitment of the Kenyan youth to Russia under the guise of civilian employment opportunities.

Mr. Temporary Speaker, Sir, credible reports indicate that several Kenyan youths were allegedly promised legitimate civilian jobs abroad only to find themselves exposed to military engagement in the ongoing Russia-Ukraine conflict. Some families have reported loss of contact with their relatives, while others have sought clarification regarding the circumstances under which they can travel and the protections available to them. These developments raise serious concerns regarding the regulation of foreign recruitment agencies, protection of Kenyan citizens abroad, potential traffic risks, human trafficking and the adequacy of oversight mechanisms governing overseas employment opportunities.

In the Statement, the Committee should address the following -

February, 17, 2026 SENATE DEBATES 15

Lastly, the Senator for Busia, Sen. Okiya Omtatah.

Mr. Temporary Speaker, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Energy on a matter of countywide concern regarding the challenges faced by communities living along the Tana River Dam cascade, the mitigation measures in place and the unequal compensation of affected persons.

The Tana River hosts a series of major dams: Masinga, Kamburu, Gitaru, Kindaruma and Kiambere, central to Kenya's hydropower generation, yet downstream communities in the Tana River and parts of Garissa counties have long-endured recurrent flooding linked to dam spillages. These floods, which are often predictable and frequently result from controlled releases, have caused property destruction, livelihood losses, displacement and serious public health challenges, compounded by persistent gaps in early warning systems, coordinated dam managements and community preparedness. Despite this, affected communities are rarely compensated as flooding is commonly treated as a natural or seasonal event, overlooking the role of power generation infrastructure and undermining principles of fairness, equality and shared national responsibility.

In the Statement, the Committee should address the following –

Thank you, Sen. Okiya Omtatah. Hon. Senators, I will give 10 minutes for Members who would like to comment on those three statements; the statement by Sen. Essie Okenyuri, the statement by Sen. Okiya Omtatah, and the one by Sen. Cherarkey.

Sen. Maanzo, you may proceed.

February, 17, 2026 SENATE DEBATES 16

Thank you, Mr. Temporary Speaker. I want to commend and support Sen. Cherarkey's statement.

Quite a number of Kenyans have left the country, having been misled into believing that they are going to be employed and that they are going to earn a living and have a future. This has happened in several countries. Some of them ended up being stranded. This has happened several times in the Arab world. This has happened in Russia where we saw reports that some have even died there. Some left here not knowing exactly that they were going to be at the front of the war and ended up losing their lives.

Give the mic to Sen. Maanzo. Sen. Maanzo, you may proceed to the Dispatch Table.

Thank you, Mr. Temporary Speaker, Sir. Some were hoping to have a future. If you take an untrained Kenyan to become a soldier and go and fight at the forefront of the war, you can expect disaster, certainly death. Quite a number of them have died.

Therefore, I would like the Ministry of Labour and Social Protection and the Ministry of Foreign and Diaspora Affairs to give an account of how many Kenyans are outside; who left here through agencies, or who left by themselves to get employed.

Kenyans living in the diaspora are very important to this nation. They make remittances and they take care of families at home. Recently, I saw the diaspora in America very determined to make Kenya succeed and make Kenya great again.

So, the role of diaspora is very important and, therefore, the young people leaving the country need to have full protection. This is the role of the Ministry of Foreign and Diaspora Affairs. We have to know which country they are in, whether we have an ambassador in that country and whether that ambassador has an account of these Kenyans.

I was very impressed when I went to South Africa recently and found that our Ambassador in South Africa has a list of Kenyans living in South Africa. Kenyans living in South Africa even have their contact, they know and every time they appear in the embassy, they get assisted very quickly. It should be the same with the Arab world.

One time, I lost somebody from Makueni County in the Arab world and for a long time, they were stuck there. It forced me to go there myself to get the body back home. I did, but with a lot of challenges. The Cabinet Secretary of Foreign and Diaspora Affairs gave me very little assistance. I realised that the ambassador there deals with several countries. The challenges are many. The embassies are not properly funded, even on sudden occurrences, such as arrests, deaths, and the like. Kenyans must feel protected. Those working abroad must know that Kenya is their first country and Kenya is protecting them.

Mr. Temporary Speaker, Sir, I do support. I thank you.

Sen. Munyi Mundigi, you may proceed.

Asante, Bw. Spika wa Muda, kwa kunipa nafasi hii ili niweze kuchangia kauli ya Sen. Okenyuri, kuhusu ugonjwa wa saratani.

February, 17, 2026 SENATE DEBATES 17

Sen. Richard Onyonka, you have the Floor.

Give him the microphone, Clerk. Be a little patient, Sen. Onyonka, because the system is new. You can submit from the Dispatch. Whether it is technology or your inability to use it, it is a different story.

Ninashukuru sana, Bw. Spika wa Muda, kwa kunipatia nafasi hii. Pia, mimi nimeamua kuzungumza lugha ya taifa kwa sababu Mzee, Sen. Mundigi, amejihusisha vilivyo na ningependa kumwambia asante sana kwa kujaribu kuhakikisha kuwa tunaendeleza lugha yetu ya taifa.

What is your point of order, Sen. Munyi Mundigi?

Bw. Spika wa Muda, asante kwa kuruhusu Seneta wa Kaunti ya Kisii kuongea. Lakini ningependa kumfahamisha kwamba sasa hivi tukiwa

February, 17, 2026 SENATE DEBATES 18

Sen. Onyonka, you may proceed.

Asante, Bw. Spika wa Muda. Nilitumia neno “Mzee” kwa heshima wala sio kwa ajili ya miaka yako. Lakini kwa vile umejitambua, inaonekana kuwa miaka yako ni mingi sana. Pole.

February, 17, 2026 SENATE DEBATES 19

Hon. Members, the time allocated for comments on statements is over. We will proceed to transact the next Order. I had directed that we have 10 minutes for comments on the Statements.

Clerk, please call the next Order.

Sen. Wafula, on behalf of the Senate Majority Leader, please, move the Motion under Standing Order No.8.

Mr. Temporary Speaker, Sir, I beg to move- THAT, NOTWITHSTANDING, the resolution of the Senate made on 12th February, 2025 on the approval of Senators to serve in various Standing Committees of the Senate, and pursuant to Standing Orders 197, 199, 228, and the Fourth Schedule to the Standing Orders, the Senate approves the following Senator nominated by the Senate Business Committee to serve in Standing Committees of the Senate as follows –

Sen. Samson Cherarkey, proceed to second the Motion.

Mr. Temporary Speaker, Sir, could you protect me from Sen. Eddy?

Sen. Wakoli, please, take your seat to allow Sen. Cherarkey to second your Motion. You are protected because Sen. Eddy is harmless.

Mr. Temporary Speaker, Sir, this is a procedural Motion. As you are aware, Article 123 of the Constitution of the Republic of Kenya and the Senate Standing Orders are very clear on the role of committees.

I take this opportunity to welcome Sen. Vincent Kiprono Chemitei, Cheburet as a Member of the Committee on Health and the Committee on National Security, Defence,

February, 17, 2026 SENATE DEBATES 20

On a point of order!

Sen. Cherarkey, there are so many points of order. I will allow the one by Sen. Wambua.

Mr. Temporary Speaker, Sir, Sen. Cherarkey is casting aspersions on his own colleagues. He has done two things. First, he has said that he can see Members here who have been organising political rallies and inciting people against their own political rallies. Could he name and give evidence of those Members organising violence in their own political rallies? Could he substantiate what he is saying?

I thank you.

Sen. Cherarkey, the Speaker also noted specific reference by Sen. Wambua of Members in the House who are sponsoring violence. Please, proceed to substantiate. If not, you know what to do.

Mr. Temporary Speaker, Sir, there is no offence in organising a political rally. That is the first bit. The second bit is that from the intelligence and police reports and statements, a number of colleagues in the political class have been organising political rallies and we have seen allegations of them sponsoring violence. Therefore, I do not need to substantiate the obvious because they know.

February, 17, 2026 SENATE DEBATES 21

Sen. Cherarkey, I hope you were listening to the Chair. I also heard you making those statements. Now I am directing. If you are unable to substantiate, you know what to do.

Mr. Temporary Speaker, Sir, could I request to do that tomorrow at 2.30 p.m.? Please, note that some of the information will be classified. Therefore, you will need to guide me on that.

Sen. Cherarkey, you are expected to substantiate on the allegations made against your colleagues. Proceed to conclude seconding the Motion.

Well guided, Mr. Temporary Speaker, Sir. Please, note that most of the information will be classified.

Point of order!

Order, hon. Senators. Allow Sen. Cherarkey to conclude. I have directed that tomorrow at 2.30 p.m., Sen. Cherarkey will substantiate the allegations made. That is an order from the Chair. Allow him to conclude. I will not allow any other point of order.

Sen. Cherarkey, please conclude.

Mr. Temporary Speaker, Sir, they should be aware that I have---

Sen. Cherarkey, please conclude. Please, do not tempt the Chair.

But the Standing Orders said I have 20 minutes?

Please, conclude.

Mr. Temporary Speaker, Sir, thank you. I was mentioning the Committee on National Security, Defense and Foreign Relations. We have seen cases of escalation of insecurity in Turkana where some people were killed. I am aware that the Senator for Turkana is here with us. He has been complaining a lot. In addition, we have the re-emergence of gangs across the country. We have seen a number of gangs re- emerging, including what we saw in Mtwapa.

Therefore, Sen. Chemitei, led by our able Senator, Fatuma Dulo, who is a ranking Member and the Chairperson of the Committee on National Security, Defense and Foreign Relations, should be seized of this matter and ensure that all these issues are dealt with.

In conclusion, on this small matter, I have seen that the Cabinet Secretary for Gender, Culture, the Arts and Heritage has given directions. I hope the Committee on National Security, Defense and Foreign Relations takes note. There is a Russian man who took advantage of our ladies in this country. Kenya is so open to everybody. You just come, tell a lady you are beautiful and then tell them to go to your house. You also tell them that your English is broken.

I ask the Committee on National Security, Defense and Foreign Relations, suo moto, to direct the Inspector General of Police and the Cabinet Secretary concerned, including the one for Gender, Culture, the Arts and Heritage, to appear and tell us why the Russian and other foreign nationals are taking advantage of our girls and women.

February, 17, 2026 SENATE DEBATES 22

I will now propose the question.

Hon. Senators, you are aware that this is a mere Procedural Motion. With your concurrence, I proceed to put the question. I thank you.

Clerk, you may now call the next Order.

Thank you, Mr. Temporary Speaker, Sir. I beg to move –

THAT AWARE THAT, the Crops

(Bixa)

Regulations

were tabled in the Senate on Thursday, 25th September, 2025, and referred to the Select Committee on Delegated Legislation for consideration pursuant to Section 12

(1)

of the Statutory Instruments Act; COGNIZANT THAT the Committee is required to make a report within twenty-eight sitting days after the date of referral of the instrument by the Senate pursuant to Section 15

(2)

of the Statutory Instruments Act which will lapse on Tuesday, 17th February, 2026; AWARE THAT Section 15

(3)

of the Statutory Instruments Act, provides that by a resolution, Parliament may extend the time for consideration of a Statutory Instrument by a period not exceeding twenty- one calendar days; NOTING that the Committee requires more time to consider concerns raised by stakeholders on the Regulations; NOW THEREFORE the Senate resolves to extend the timeline for the consideration of the Crops

(Bixa)

Regulations

for a further twenty-one

(21)

days pursuant to section 15

(3)

of the

February, 17, 2026 SENATE DEBATES 23

Thank you, Mr. Temporary Speaker Sir, for affording me this opportunity as one of the Members of the Committee on Delegated Legislation. I state categorically that Bixa is a significant cash crop in Kenya that has several uses. For example, it is used in the food industry as a colourant, for medicines and also in cosmetics. It, therefore, impacts on human beings. As a committee mandated to look at legislation and scrutinise some of these statutory instruments, it is important that we scrutinise it critically and bring out what is important and what can be consumed.

I second Sen. Mungatana’s humble request that we be given more time to work on it.

February, 17, 2026 SENATE DEBATES 24

Hon. Senators, for the convenience of the House, we will reorganise the Order Paper and call Order No.11, for purposes of approval of the Senate Calendar for the Fifth Session.

The Senate Majority Whip will do it on behalf of the Senate Majority Leader. Proceed to do that.

Mr. Temporary Speaker, Sir, I beg to move- THAT, pursuant to Standing Order No.32

(1)

, the Senate approves its Calendar

(Regular Sessions)

for the Fifth Session

, laid on the Table of the Senate on Thursday, 12th February, 2026. I request my good friend, Eddy, to second.

Sen. Eddy, proceed to

Mr. Temporary Speaker, Sir, this is a very important Motion, to the extent that this Senate must focus on some serious issues in this Session. I know that there is pressure because we want to focus on other things. Indeed, they have started to talk about other things. However, the calendar is very important.

So, right from the start, I wish to second this as moved. I would like to emphasise that there are very critical issues that we must consider in this calendar year. I have emphasised a time without number that we need to look at how our counties are being run because this is the year when you will start seeing a lot of discrepancies and variances in our accounts in the counties, where people want to siphon resources to go to the campaigns with. This is not casting any aspersions on the side of the governors. Rather, it is a trend that we have seen. I hope that in this calendar year, we will focus on the books of governors and not just deal with them in the committees. Let us see them coming here to be debated.

Alongside that, we must interrogate and engage the national Government in the Budget Policy Statement (BPS) that has just been tabled. There are a lot of things that I hope that we, as a House, will be able to look at. Most importantly, let us do our work to ensure that we enhance the audit machinery and function of this House, with regards to how money is being spent in this country.

Mr. Temporary Speaker, Sir, I second. I thank you.

February, 17, 2026 SENATE DEBATES 25

Sen. Joyce Korir, take your seat.

Hon. Senators, similar to the previous two Motions that we have dealt with, this is another Procedural Motion, and with your concurrence, I will proceed to put the Question.

Hon. Members, I have received a request from Members, which I had earlier on acceded to, that, we give additional eight minutes for Members to comment on the Statements earlier on by Sen. Okenyuri, Sen. Cherarkey and Sen. Omtatah. I will give each Member two minutes. So, we have the eight minutes shared among four Members. From my dashboard, I have Sen. Sifuna. I will give two Members on this side and two on the other side.

Sen. Sifuna, please, proceed.

Mr. Temporary Speaker, Sir, I would like to comment on the Statement brought by the Senator for Nandi County on the luring of Kenyans into the Russian-Ukraine war.

Mr. Temporary Speaker, Sir, towards the end of last year, I attended the launch of a report by Oxfam titled: “Kenya's Inequality Crisis - The Great Economic Divide.” Just to highlight that report for the benefit of the House, nearly half of Kenyans live in extreme poverty. The Senator for Mandera County was just briefing me on the drought situation there. They have over 10,000 households that are affected by drought.

The second notable thing that the study found out is that the top one per cent in Kenya control 78 per cent of the country's financial wealth, while a majority struggle.

Thirdly, Mr. Temporary Speaker, Sir, and last, that the richest 125 individuals in Kenya hold more wealth than a combined 43 million of us in this country.

Why do I bring this report here? I want to argue that it is, in fact, ourselves who have created an impossible situation and life for Kenyans, that it is very easy for them to fall into these traps. When you are looking at your family starving, and somebody tells you, I can get you a job somewhere, you will most likely want to go and do that job, even when it might not be in your best interest.

We have heard of these stories in Myanmar, where Kenyans were lured to go and do some extortion business. Now in Russia, we have heard about the situation again. In Saudi Arabia, we met with the Kenyan ambassador to Saudi in December as well, Ambassador Ruwange, and he painted a very dire picture. Kenyans are very easily lied to by cartels that are operating within this country.

Mr. Temporary Speaker, Sir, it is incumbent upon the national Government to protect the life of the citizens and property. The stories we hear, because we have seen

February, 17, 2026 SENATE DEBATES 26

Sen. Wakoli, please, proceed.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity to contribute to this pandemic.

It is sad that we were just enjoying Valentine’s day the other day. Kenyans surprised themselves with flowers and others with chocolates, while our Russian counterpart was ravaging our cabbages without any mercy. This matter reflects on the issue that Sen. Cherarkey has just raised about the Russian problem. I was sharing with Cherarkey and asking him, our young people are dying. They are being duped, as Sen. Sifuna said, that there is greenland far away where they will always harvest milk and honey. Then, they go to Russia. However, as we say that, we have a similar scenario in counties of Kenya. County governments are behaving like the Russian cartels, duping our young people, taking them around in circles, some way back from 2016, with appointment letters, but no jobs to be done.

Courts have resolved that these young people be employed, but governors prefer boarding planes to various destinations in the world. Our young people are suffering and asking God where they went wrong.

Mr. Temporary Speaker, Sir, we must weigh in on this matter. As cartels in Government and those who are friends of the Government take advantage of our young people, we must call them out. Just as boldly as we are calling out county governments that are not remitting taxes and statutory deductions of our young people, yet they have an allocation called---

Sen. Wafula, your two minutes are up.

Sen. Olekina, proceed.

Thank you, Mr. Temporary Speaker, Sir. I rise to make some brief comments on this disturbing Statement by the distinguished Senator for Nandi County. We must all ask ourselves how this Parliament is contributing to Kenyans running away due to unemployment. They seek for greener pastures abroad where they risk arrest, molestation or having their passports taken away. What are we doing to solve that problem? I am tired of us lamenting daily.

There is a law we are now considering on legal migration. We need to fast-track it. The Standing Committee on Labour and Social Welfare must bring that legislation. This will ensure only a handful of licensed agencies in this country are allowed to recruit migrants abroad.

Secondly, we must ensure that the Ministry of Labour and Social Protection, the Ministry of Foreign and Diaspora Affairs and the Executive work hand in hand to stop this.

February, 17, 2026 SENATE DEBATES 27

Your time is up, Sen. Olekina. Sen. Murango, proceed.

Asante sana, Bw. Spika wa Muda. Kwanza, ningependa kuchangia Kauli iliyoletwa na Sen. Okenyuri. Afya njema ni taja imara na kuishi ni faradhi. Ugonjwa wa saratani unapokumba familia, familia nyingi zinafilisika kutibu wapendwa wao. Wanabaki kuokota virobo kwa kufilisika.

Katika mpango wa Social Healthy Authority (SHA) , wagonjwa wa saratani walifaa kupata tiba ya takribani shilingi 800,000. Ni vyema mpango huo uanze kufanya kazi haraka iwezekanavyo ili tuwatibu wagonjwa wanaohangaika na saratani. Hospitali zetu katika kaunti nyingi, licha ya kupata fedha nyingi, hazijatilia maanani kutibu saratani.

Kauli iliyoletwa na Seneta wa Kaunti ya Nandi inaeleza kwamba wale waliohusika kupeleka vijana kule wanafaa kunyang’anywa leseni zao na wasirudishiwe. Warusi hawakuja kuwashika vijana wetu mateka, bali walipelekwa na watu ambao waliwalipa pesa ili waweze kuwapeleka kule.

Asante.

Sen. Wambua.

Thank you, Mr. Temporary Speaker, Sir. I want to go on record on the matter raised by Sen. Cherarkey. I wish to say two things. First, this matter is extremely serious and requires a Motion for proper discussion. It goes beyond Kenya. I was in Uganda with some of my colleagues last December for the games. At the airport, hundreds of young people were being ferried to Arabian countries to seek employment.

Today, when you visit the Jomo Kenyatta International Airport (JKIA) , the majority of those travelling out of the country are young people leaving for jobs. The irony is that once these young people leave, our Government loses touch with them. They are recruited for decent assignments, but when they arrive, everything changes and there is nobody to follow up on their welfare.

Second, when governors met in Kilifi, this issue should have occupied their minds and time. They ought to have discussed how to help young people in their counties secure jobs, not how to escape accountability. These issues must be discussed seriously, even through a Motion. I thank Sen. Cherarkey for raising the matter, though I fault him for casting aspersions on his colleagues.

I thank you.

Hon. Senators, I had indicated earlier that I would allow two Members from each side. You will notice that I have given an extra person.

February, 17, 2026 SENATE DEBATES 28

Thank you, Mr. Temporary Speaker, Sir, for according me this opportunity to contribute to Sen. Okenyuri's Statement on the accessibility of cancer medication. Cancer has become a menace in our community and across the nation.

As a country, there is need to ease the red tape and bureaucratic procedures that hinder patients from accessing treatment. In Bungoma County, for example, breast and cervical cancer cases are high. While screening is done, it remains expensive and inaccessible, especially for rural women.

I appreciate the Statement and urge that we examine the cost of treatment. Many rural women cannot afford the expenses, including transporting patients to referral hospitals. There is need to decentralise these facilities down to the grassroots. We must emphasise availability, supply, affordability and access to cancer treatment in all counties, not only in Bungoma, but across all 47 counties.

I support Sen. Okenyuri's Statement. Thank you.

Sen. Beatrice Ogola.

Thank you, Mr. Temporary Speaker, Sir, for the wisdom you exercise while in the Chair.

I wish to support the Statement by my colleague, Sen. Essy Okenyuri, particularly on cancer treatment. I emphasise on the availability of services, access to early intervention and the strengthening of public facilities. Cancer treatment, if delayed, becomes so expensive to the public.

Mr. Temporary Speaker, Sir, even as the statement talks about KNH, by the time many patients arrive or are referred there, they are at later stages which come with a lot of expenses while treating the cancer patient.

In the last few weeks, I have had a patient, and I thank Coptic Hospital for the services they rendered to this patient. However, I keep on asking, if I managed to meet those expenses, what about the many Kenyans that are there? That is why the Ministry of Health should unlock the benefits that come with SHA. We want to see availability of services and many patients accessing cancer treatment services especially down at the health centres and dispensaries.

This is because we need to go to the next step of declaring cancer a disaster in this country. A number of people are suffering and they are not able to meet the expenses that come with the treatment of cancer. I would like to declare that SHA is---

Your time is up, Sen. Beatrice. Take your seat.

Clerk, let us now resume Order No.12. You may call that out.

February, 17, 2026 SENATE DEBATES 29

Thank you, Mr. Temporary Speaker, Sir. I beg to move- THAT, the Senate adopts the Report of the Mediation Committee on the Coffee Bill (Senate Bills No.10 of 2023) , laid on the Table of the Senate on Thursday, 4th December, 2025, and that pursuant to Article 113 (2) of the Constitution and Standing Order No.167 (3) of the Senate, approves the mediated version of the Bill. I appreciate the Almighty for crossing over to this year. As we left last year, the Kenyan coffee farmer was anxiously waiting to see how far this Bill goes. The Mediation Committee of this Bill was constituted by the Speaker of the National Assembly on 22nd July, 2025, pursuant to Standing Order No.149 (2) of the National Assembly Standing Orders and the Speaker of the Senate on 20th May 2025, pursuant to Standing Orders No.116 (2) of the Senate Standing Orders.

The Committee held five sittings to deliberate on the Coffee Bill (Senate Bills No.10 of 2023) , in accordance with the Constitution and relevant provisions of the Standing Orders of the Senate and the National Assembly. Having considered the Coffee Bill, the Committee observed-

February, 17, 2026 SENATE DEBATES 30

Sen. Murango, proceed.

Asante, Bw. Spika wa Muda. Naunga mkono sheria ambayo imeletwa hapa na kusomwa na mwenyekiti wa Kamati ya Kilimo, Mifugo na Uvuvi katika Bunge la Seneti. Leo najivunia kusimama mbele ya Seneti, kuangazia Mswada ambao niliudhamini kama Seneta wa Kirinyaga na kuungwa mkono na Bunge la Seneti.

Safari ya kukuza kahawa ilianza kabla mwaka wa 1932, wakati wa walowezi. Kahawa si zao tu. Kahawa ni urithi wetu. Fedha za kigeni zinazoletwa na wakulima wa kahawa nchini ni takribani milioni 293 dola za Marekani. Wakulima wanaohusika moja kwa moja kwa ukulima wa kahawa nchini ni takribani milioni moja. Gatuzi zinazohusika na kukuza kahawa ni 33.

Kwa hivyo, tunapoongea maneno ya kahawa, tunaongea mambo muhimu sana kwa Kenya hii na kwa wakulima wetu. Ndio maana nikiwa mkulima wa kahawa nikiongea mambo ya kahawa, huwa nashikwa na hisia wakati mwingine kwa sababu ya yale mambo mazito ambayo mkulima amekuwa akipitia.

Bw. Spika wa Muda, ndio uanze kuzalisha kahawa mara ya kwanza, inahitajika kupanda, kupalilia na kuweka mbolea kwa miaka tatu ili upate zao la kwanza. Mara kwa mara wakati kahawa inapofikia kuvunwa, utapata wakiritimba wakiingilia na kuchukua fedha ambazo zinafaa kuwa za wakulima.

Ndio maana tulipopitisha sheria inayoratibu utendakazi wa vyama vya ushirika, katika kuangazia zao la kahawa, imekuwa na maana kuhakikisha kwamba fedha zinapopatikana katika soko la kahawa kutoka jiji la Nairobi, zinaenda mpaka mashinani na kusaidia wakulima.

Eneo la Kirinyaga mahali nimetoka, ndilo linaongoza katika ukulima wa kahawa miongoni mwa wakulima wadogo. Kaunti nambari ya kwanza inayo ongoza ni Kiambu, lakini wanalima mashamba makubwa. Kaunti ya tatu katika kilimo cha kahawa ni Kericho, ikifuatwa kwa karibu na kaunti ya Nandi na zinginezo.

(Makofi)

February, 17, 2026 SENATE DEBATES 31

February, 17, 2026 SENATE DEBATES 32

Mr. Temporary Speaker, Sir, from the outset, I support this mediated version of the Bill, the Coffee Bill (Senate Bill No.10 of 2023) . I thank Sen. (Dr.) Kamau Murango who was very instrumental in this Bill. I also thank the Chairperson of the Mediation Committee and the Vice-Chairperson of the National Assembly, for this mediated version of the Bill.

February, 17, 2026 SENATE DEBATES 33

February, 17, 2026 SENATE DEBATES 34

February, 17, 2026 SENATE DEBATES 35

February, 17, 2026 SENATE DEBATES 36

February, 17, 2026 SENATE DEBATES 37

Sen. Cherarkey, you can be sure that that will be available because we want to brand and market our coffee.

Two is, the Chair was not available to vie for the Law Society of Kenya presidency. However, I invite you to elect someone who is honourable, professional, responsible, who will take the Law Society of Kenya to the next level, come Thursday next week. They have campaigned and you know the best candidate ought to be given the opportunity to serve the society.

Proceed, Sen. Wambua.

Thank you, Mr. Temporary Speaker, Sir. I stand here in support of the work done by the Mediation Committee on The Coffee Bill (Senate Bills No.10 of 2023) . I thank that Committee, comprising Members from the Senate and the National Assembly, for coming up with a version of a Bill that is reasonable and acceptable to both Houses of Parliament. In fulfilment of our Standing Orders, No.166, the Committee has discharged its responsibility and done it well.

I single out the Senator for Kirinyaga, Sen. (Dr.) Murango, who at some point was the Chair of my Committee, where I used to sit, the Committee on Agriculture, Fisheries and Livestock for passionately pushing forward the agenda of the Kenyan farmers and especially coffee and macadamia farmers. I remind him, that at some point two years ago, Sen. (Dr.) Murango gave me four seedlings of coffee that I went to plant in Kitui and I decided to do a very serious experiment. I planted the four seedlings and just let them fight the battle. I did not give them any special treatment. I did not spray them. I did not water them during the dry season. I am here to tell Sen. (Dr.) Murango that three of those seedlings have now given fruit in a dry place called Kitui.

So, what am I saying? I am saying that we must stop to listen and believe in the lies that coffee can only survive in certain areas. With proper care, we can produce enough coffee, not just for ourselves, but for the world market and produce very quality coffee.

I congratulate the coffee farmers in Kenya that now a Bill has been passed and we expect that the President shall assent to it to become Law. Our coffee farmers will begin to reap the full benefits of their produce.

I have been on record on different fora complaining that many coffee farmers work very hard but very few of them can afford Instant Coffee. With the new law, I hope the market shall be properly regulated and it will put the coffee farmer at the centre of the

February, 17, 2026 SENATE DEBATES 38

February, 17, 2026 SENATE DEBATES 39

Thank you, Sen. Kiio Wambua, for your contribution.

Hon. Senators, I call upon Sen. Moses Kajwang’ to contribute as well as to reply, since from my dashboard I have no other request other than Sen. Kamar who has just requested. I had been notified that Sen. Kajwang’ will reply on behalf of the Mover of the Motion. So, I will then ask you to step down so that Sen. Kamar can make her contribution. I will call you at the end so that as you submit your comments; you can reply on behalf of Sen. Wakoli.

Sen. Kamar, please proceed.

Thank you Mr. Temporary Speaker, Sir. The new gadgets are still unstable because I had pressed it, then it goes on and off, but thank you for being considerate to allow me to add my voice to this. I thank you because I was a Member of the Mediation Committee and---

Am I audible?

Sen. Kamar, you are loud enough. I will ask Sen. (Dr.) Murango to either be a decent neighbour or cross over the aisle to where he normally sits, so that we can hear Sen. Kamar in silence.

Proceed, Senator.

Thank you Mr. Temporary Speaker, Sir. I would like to thank the Members of the Mediation Committee, led by Sen. (Dr.) Murango, who educated us a lot about the coffee sector. When you look at the declining number that was done by the Senate, it is because we became much educated and were able to understand a number of the things that were being discussed there.

February, 17, 2026 SENATE DEBATES 40

February, 17, 2026 SENATE DEBATES 41

Thank you, Sen. Kamar. Sen. Kajwang’, Sen. Essie Okenyuri has also desired to speak. If you are mindful of me letting her speak, I could just allow you to---

Proceed, Sen. Essie.

Thank you Mr. Temporary Speaker, Sir. I appreciate the consideration by Sen. Kajwang’.

I just remembered something that I need to highlight. I am one of the Members who sat in the Mediation Committee. I, therefore, would like to bring to the attention of Members that most of the very critical challenges that we have been having with farmers in those societies is to do with administration. We have people who are generally mismanaging that sector. I thought this is a good thing because the proposal here is to ensure that the people who are running the management system of coffee are qualified and well-schooled. For you to be in the Management Board, you need to have a degree and over five years of experience. I believe that this is a good and progressive proposal because we are not just going to have people without knowledge in that sector.

These are people who should be knowledgeable specifically about the coffee sector so that even if they are going to engage in management, they know well what they are doing and what consequences lie if they do otherwise.

I wish to also thank the Members of this Committee for it really took us a very long time to agree. Having sat in the Mediation Committee also gives me exposure on how people think differently. Our colleagues from the National Assembly would dispute on certain basic things and I was just wondering why they might not read from the Senate side of things. However, at some point, we had to agree on whatever the report shows. So, I thank my colleagues and I wish that Members support this because this is one way we are going to sort out the mess that we have experienced for quite some time.

Thank you, Mr. Speaker, Sir.

Sen. Moses Kajwang’, please proceed.

Mr. Temporary Speaker, Sir, with the authority and concurrence of the Chair, and with the instructions of the Mover of the Motion, I beg to reply.

Mr. Temporary Speaker, Sir, as I reply, allow me to make some brief comments. First, this House must congratulate the initial Sponsor of this Bill, Sen. (Dr.) Murango. It is very difficult to get a Bill converted into law in the current bicameral setup. It now appears that an average of three years is needed for a legislative proposal to reach an agreement.

Mr. Temporary Speaker, Sir, now that the Mediation Committee, comprising Members from both Houses of Parliament, has agreed on a version that is acceptable, I thank Members who debated and agreed to take the amendments suggested by the National Assembly. This is true law-making: The Senate or the National Assembly can originate a Bill and if there is disagreement, we do not fight in public or insult each other. We sit in mediation, go clause by clause and ensure agreement on the final outcome.

I look forward and hope that the Head of State will assent to this Bill immediately after the two Houses dispense with this Motion. I call on Sen. (Dr.) Murango that despite political convictions, this is such an important Bill that you should be present at State

February, 17, 2026 SENATE DEBATES 42

February, 17, 2026 SENATE DEBATES 43

February, 17, 2026 SENATE DEBATES 44

February, 17, 2026 SENATE DEBATES 45

February, 17, 2026 SENATE DEBATES 46

Sen. Moses Kajwang’, when Sen. Murango was the Chair of the Committee on Agriculture, Fisheries and Livestock, I remember there was a time he whispered to me that he was on his way to Costa Rica. That was Colombia?

When did Moses Kajwang’ and my senior, Sen. Kiraitu go? I believe both countries did a lot of learning from Kenya, but we are still lagging behind.

Your request has been approved to put the question during the next sitting.

We go back to Order No.

If my eyes are serving me well, the Senate Majority Leader is not here to reply. I will defer that business. Let us go to Order No.13.

This Motion is to be moved by the Chair, Standing Committee on Labour and Social Welfare. He is not in the House.

February, 17, 2026 SENATE DEBATES 47

February, 17, 2026 SENATE DEBATES 48

Hon. Senators, you can now rise.

Yes, Sen. (Dr.) Murango, do you want to say something?

Bw. Naibu Spika, ninajua kwamba kitu ambacho ninataka kuuliza hakiko kwenye ratiba ya leo lakini nitauliza tu ili unielekeze.

Juzi, nililetewa ombi kutoka kwa wale ambao wanatumia maji katika eneo la Kirinyaga; wakulima na wale ambao wanatumia maji nyumbani kwao. Ombi lenyewe ni kwamba, kutokana na kanuni ambazo zilipitishwa kutoka kamati inayohusika na kanuni

katika Seneti, taasisi ya WARMA imeongeza bei ya maji Kenya nzima. Maji ambayo yalikuwa yanalipiwa sumuni kwa lita elfu moja, sasa hivi yanalipiwa shilingi mbili na sumuni. Imewabidi wameelekezwa kwamba ni lazima waweke

(mita)

; vile vifaa vya kupima maji upya. Mbeleni walikuwa wanalipa shillingi

February, 17, 2026 SENATE DEBATES 49

Sen. (Dr.) Murango, ni vyema ripoti ziwe zinaletwa Seneti lakini kamati hii ya Delegated Legislation, kwa miaka mingi, nimeona kuwa wanapokubaliana na hoja yeyote, wanapitisha bila kurudi Seneti. Wakikataa wanakatalia katika kikao chao wala hawaleti katika kikao.

Mimi ninaona ni vizuri, vile umesema tubadilishe Kanuni za Seneti na haswa za Bunge lote kwa sababu vivyo hivyo ndivyo hufanyika katika Bunge la Kitaifa. Ripoti yoyote, kama ni kukubaliana na mwenye kuzileta zile Kanuni ama kukataa, ninaona kwamba ziwe zinafika katika Bunge hili ndiposa tuweze pia kuhusika nazo.

Pia, wawe wanaenda kwa wananchi ile ambayo tunaita kuhusisha wananchi (public participation) . Kama wanapitisha ama hawapitishi, iwe inapitia katika public participation. Wamepewa nguvu nyingi bila kuhusisha Seneti wala wananchi.

Mimi ninaelekeza kwamba baadaye tutaweza kubadilisha Kanuni za Seneti ndio tuweze kupata ripoti hizo moja kwa moja.

Sen. Cherarkey, what is it?

But I was giving a communication, a very good communication and very accurate. So, why are we opening this discussion again? You can see the Serjeant-at- Arms are upstanding because I did some communication already.

Even the microphones are already retired.

No, Mr. Deputy Speaker, Sir, they are not retired, I thought they were new. They are new but inefficient.

They are retired for the day because I pronounced---

Mr. Deputy Speaker, Sir, the Serjeant-at-Arms need to relax; they should be at ease until you stand.

Mr. Deputy Speaker, Sir, I agree with your communication, but I just wanted to be specific with those regulations that are in operation in terms of the increment of water tariffs.

February, 17, 2026 SENATE DEBATES 50

Last but not least, Sen. M. Kajwang’, you may proceed.

Mr. Deputy Speaker, Sir, you have made a very, very profound communication on this particular matter of a statutory instrument. I have always told my friend, Sen. Gataya Mo Fire, that he chairs perhaps the most powerful committee in this House. It is his committee that is supposed to go through statutory instruments.

For avoidance of doubt, statutory instruments mean any rule, order, regulation, direction, form, Tariff of costs or fees, letters, patent commission, warrant, proclamation, bylaw resolution guideline, or other statutory instrument issued, made, or established in the execution of a power conferred by or under an Act of Parliament, under which that statutory instrument or subsidiary legislation is expressly authorised to be issued.

Mr. Deputy Speaker, Sir, subsidiary legislation is now becoming more than primary legislation, and what I called earlier, the laziness of legislatures across the Commonwealth. I know when you go for meetings of the Commonwealth and the IPU, you will hear this trend of legislators doing skeleton legislation and leaving subsidiary legislation to ministers and to people who head regulatory bodies.

February, 17, 2026 SENATE DEBATES 51

Similar to the Equalization Fund?

It is the Equalization Fund, I am sorry, Mr. Deputy Speaker, Sir. There was a situation where the two Houses had different views on it. We have had cases where the National Assembly takes view X on a regulation, and the Senate takes view Y; we have no proper mechanisms for mediation. That is something that we could also deal with. Finally, where a regulation-making authority delays in bringing regulations to this House, what do we do to them?

So, this is profound, and the fact that we have established that almost every other regulation needs to come to Parliament, which means the Senate and National Assembly make this House a powerful House. We must support our brothers and sisters in that committee with the necessary amendments because, you wake up and you hear that the tariffs on the expressway have just changed overnight. You wake up and hear that water tariffs have just changed overnight. No taxation without representation. That was the basic principle upon which certain civilisations were established.

Mr. Deputy Speaker, Sir, I just wanted to congratulate your direction and maybe to challenge the committee to look at these additional points on subsidiary legislation.

Hon. Senators, what Sen. (Dr.) Murango requested to be advised on was good. Our State Departments and Parastatals sneak in their regulations through the Committee on Delegated Legislation. Like now, Sen. (Dr.) Murango, they are sitting on very dangerous regulations seeking to have more levies on tea and the committee is seized of that matter. There was no public participation and nothing is happening.

If the committee agrees with them, then farmers will pay that levy beginning tomorrow. We must open up this matter and ensure that the Committee on Delegated Legislation is helped to make the right decisions. They should involve this House and also members of the public in accepting policies and regulations from the Executive.

Hon. Senators, let us rise.

Hon. Senators, that brings us to the end. There being no other business on the Order Paper, the Senate stands adjourned until tomorrow, Wednesday, 18th February, 2026, at 9.30 a.m.

The Senate rose at 5.36 p.m.