Reading copy. Formatted from the official Hansard transcript for on-screen reading. The wording is the record’s; the layout is ours, and a speaker is linked to a profile only where that identity could be verified against the current Parliament roster — earlier sittings show names without links. Read the official PDF.

THIRTEENTH PARLIAMENT

Fifth Session

Tueday, 17th March, 2026 at 2.30 p.m.

PARLIAMENT OF KENYA

The House met at the Senate Chamber, Parliament Buildings, at 2.30 p.m.

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

Order, hon. Senators, we now have quorum. Senator for Nandi and your friend from Kilifi---

Clerk, you may call the first Order.

MESSAGE FROM THE NATIONAL ASSEMBLY

PASSAGE OF THE DIVISION OF REVENUE BILL (NATIONAL ASSEMBLY BILL NO.2 OF 2026)

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46(3), I have received a Message from the Speaker of the National Assembly

regarding the passage by the National Assembly of the Division of Revenue Bill (National Assembly Bills No.2 of 2026).

The Message, dated Thursday, 12th March, 2026, was received in the Office of the Clerk of the Senate on the same date. Pursuant to Standing Order No.46(4), I now report the Message.

Pursuant to the provisions of Standing Order Nos.41(1) and 142 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly-

WHEREAS the Division of Revenue Bill (National Assembly Bills No.2 of 2026) was published via Kenya Gazette Supplement No.14 of 19th February, 2026, as a Bill to provide for the equitable division of revenue raised nationally between the national Government and county governments in the Financial Year (FY) 2026/2027 and for connected purposes; and

WHEREAS the National Assembly considered the Bill and passed it with amendments on Tuesday, 10th March, 2026 in the form attached hereto;

NOW, THEREFORE, in accordance with the provisions of Article 110 of the Constitution and Standing Order Nos.41 and 142 of the National Assembly Standing Orders, I hereby refer the Bill to the Senate for consideration.

Now, hon. Senators, Standing Order No.163(1) requires that a Bill which originates in the National Assembly be proceeded with in the same manner as a Bill introduced in the Senate by way of First Reading in accordance with Standing Order No.144.

Accordingly, I direct that the Division of Revenue Bill, (National Assembly Bills No.2 of 2026) be listed in the Order Paper for First Reading, tomorrow, Wednesday, 18th March, 2026, at 2.30 p.m.

Thank you. Next Order.

NOTICES OF MOTIONS

INCLUSION OF TEACHER TRAINING COLLEGE STUDENTS IN HELB FUNDING MODEL

CONCERNED THAT, students enrolled in Public Teacher Training Colleges are discriminated against and not expressly and fully provided for under the prevailing higher education financing framework, thereby limiting or excluding their access to structured government support for tuition and accommodation; COGNIZANT THAT, the transition to the Competency-Based Curriculum (CBC) requires a highly skilled teaching workforce, and that the financial burden on teacher trainees, many of whom come from marginalised backgrounds, threatens the sustainability of the teacher supply chain; NOW THEREFORE, the Senate urges the Ministry of Education, in conjunction with the Higher Education Loans Board (HELB) and the Universities Fund (UF), to-

1. Formally integrate Teacher Training College students into the New Funding Model to ensure equity, quality and inclusivity in the education sector; and
2. Develops regulations and guidelines to define the eligibility criteria for Teacher Training College students covering tuition and reasonable accommodation and upkeep costs.

EXTENSION OF TIME FOR CONSIDERATION OF THE SUGAR (GENERAL REGULATIONS, 2025)

NOW THEREFORE, the Senate, pursuant to Section 15(3) of the Statutory Instruments Act, resolves to extend the timeline for the consideration of the Sugar (General) Regulations, 2025 (Legal Notice No.167 of 2025) and the Sugar (Imports and Exports) Regulations, 2025 (Legal Notice No.168 of 2025) for a further 21 calendar days to enable the Committee to conclude its consideration and table its report on or before, Tuesday, 31st March, 2026. I give notice of Motion. Thank you.

QUESTIONS AND STATEMENTS

STATEMENTS

REVIEW AND ALTERATION OF WATER SERVICE BOUNDARIES IN MURANG’A COUNTY

1. The basis upon which the County Government of Murang’a initiated the review and alteration of water service boundaries between Murang’a South Water and Sanitation Company and Murang’a Water and Sanitation Company.
2. Whether public participation has been undertaken in the affected areas, including the modalities, timelines and venues for such engagements.
3. The status of the loans acquired by Murang’a South Water and Sanitation Company and the infrastructure developed therefrom, including the application of those loans, the status of the proposed transfer and control of key water infrastructure such as Maragua Dam and the measures in place to ensure continued servicing of financial obligations and the sustainability of the affected water service providers.
4. The impact of the proposed boundary changes on consumers in the affected areas, including any changes in connection fees, water tariffs, penalty charges and other costs that residents may incur under the new service arrangements.
5. The measures being taken to safeguard the economic and social interests of residents of Murang’a South, including equitable management of water infrastructure

developed within their localities, protection of community interests arising from the restructuring and fair access to employment opportunities.

Mr. Speaker, Sir, if you may allow me, I have a second statement.

UTILISATION OF FUNDS ALLOCATED FOR YOUTH AND SPORTS DEVELOPMENT IN MURANG’A COUNTY

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on Labour and Social Welfare on a matter of county-wide concern regarding the utilisation of funds allocated for youth and sports development in Murang’a County.

Mr. Speaker, Sir, the Department of Youth, Culture, Gender and Social Services, Murang’a County, allocated approximately Kshs39 million for recurrent expenditure and Kshs60 million for development expenditure for the Financial Year 2023/2024. In the Financial Year 2025/2026, the Department’s budget increased to approximately Kshs92.8 million for recurrent expenditure and Kshs167 million for development. Despite these significant allocations, sports facilities across the county remain largely dilapidated, under-developed and in some cases, unusable.

In the statement, the committee should address the following-

1. The budgetary allocations earmarked for sports development in Murang’a County for the financial years 2023/2024 and 2025/2026, including funds allocated for the construction, rehabilitation, modernisation and maintenance of sports facilities and the breakdown of the actual expenditures.
2. The number of sports infrastructure projects that were planned, ongoing or completed during the two financial years including, the project location, allocated budget, contractor where applicable and the current status of each project.
3. The number, location and current status of all public sports facilities in the county including, stadiums, playgrounds and training grounds where the funds have been allocated for their maintenance, upgrade or expansion and the plans the county government has put in place to urgently rehabilitate and modernise these facilities, including the timelines within which residents can expect tangible improvements.
4. The reasons why the county government has failed to rehabilitate, construct or modernise sports facilities across Murang’a County despite significant development allocations to the department, noting that many existing facilities remain in deplorable conditions.
5. The specific programmes, initiatives and investments undertaken by the county government to support youth sports development, nurture sporting talent and promote organized sporting activities within the county, including the measures put in place to support youth teams, local leagues and sports associations through equipment provision, training, sponsorship and facilitation for participation in competition. I thank you, Mr. Speaker, Sir.

The Senate Minority Leader (Sen. Madzayo): Asante, Bw. Spika. niko na Kauli ninayoleta mbele ya Bunge la Seneti.

Nasimama kwa mujibu wa Kanuni za Kudumu za Seneti Nambari 53(1) kuomba kauli kutoka kwa Kamati ya Usalama wa Taifa, Ulinzi na Uhusiano wa Kimataifa, kuhusu jambo la muhimu kwa taifa kuhusu uhifadhi wa miili ya waathiriwa wa janga la Shakahola.

Ni jambo la kusikitisha kwamba licha ya ufukuaji wa miili na tafiti za Deoxyribonucleic Acid (DNA) zilizofanywa na serikali, miili ya waathiriwa imeendelea kuhifadhiwa kwenye makonteina ya muda katika hospitali ya kata ndogo ya Malindi. Familia za waathiriwa hao bado hazijapata nafasi ya kupumzisha wapendwa wao katika miaka mitatu baada ya janga la Shakahola. Hali hii imekuwa chanzo cha taharuki na hatari za kiafya kwa wakaazi na wahudumu wa hospitali hiyo.

Katika kauli hiyo, kamati inapaswa kuangazia masuala yafuatayo-

1. Idadi ya miili ya waathiriwa iliyobaki ya wale wa Shakahola ambayo bado inahifadhiwa katika makonteina ya muda hospitali ya kata ndogo ya Malindi.
2. Sababu ya kucheleweshwa kwa michakato ya utambuzi ya miili, hali ambayo imezuia familia kupata hitimisho na kuandaa mazishi ya wapendwa wao.
3. Ni hatua gani ambayo serikali imechukua kuharakisha utambuzi huu, ikiwemo matumizi ya upimaji wa DNA na msaada wa familia za wale walioathirika.
4. Ratiba ya muda kwa kumalisha utambuzi wa miili ili kuruhusu mazishi ya waathiriwa wa janga la Shakahola.

UHARIBIFU WA MAZINGIRA KUTOKANA NA UCHIMBAJI WA MADINI YA TITANI

The Senate Minority Leader (Sen. Madzayo): Asante kwa kunipa fursa hii. Nimesimama kwa mujibu wa Kanuni za Kudumu za Seneti, Nambari 53(1). Ninataka kuomba kauli kutoka kwa Kamati ya Kudumu ya Ardhi, Mazingira na Maliasili kuhusu uharibifu ama uchafuzi wa mazingira kutokana na uchimbaji wa madini ya titani yaani titanium, lililoko kata ndogo ya Ganze, Kaunti ya Kilifi, ambayo inatekelezwa na kampuni inaitwa Shanich Jialin Mining East Africa Limited.

Katika kauli hiyo, kamati hii izingatie yafuatayo-

1. Dadisi iwepo leseni iliyotolewa kwa kampuni ya Shanich Jialin Mining East Africa ilifuata taratibu zote za kisheria na za kimazingira.
2. Kuchunguza uharibifu na uchafuzi wa mazingira na athari za afya, zikiwemo kifua kikuu, uvimbe wa ngozi, saratani ya mapafu na ngozi zinazotokana na uchimbaji wa madini ya titani na pia kwa uzazi, kwanza kwa wanaume wanaotekeleza kuona kwamba wananchi watapatikana ama wazee watakuwa na watoto au watoto watapatikana kwa hali ya kisawawa.

1. Kuchunguza madai ya unyanyasaji, ubaguzi na kudhalilishwa kwa wakaazi wa eneo la Nyari wanaofanya kazi katika kampuni ya Jialin.
2. Kueleza ni hatua gani Waziri wa Madini na Masuala ya Bahari na mamlaka ya Kitaifa ya Usimamizi wa Mazingira, NEMA, imechukua kuhakikisha usimamizi na matumizi sahihi katika uchimbaji madini, eneo la Nyari, kwa lengo la kuboresha maisha na mazingira ya wakaazi wa eneo hilo.
3. Ibainishe ni hatua gani kampuni ya Shanich Jialin Mining East Africa Limited, chini ya wajibu wake wa kijamii na kampuni, imechukua katika jitihada za kupunguza hathari mbaya zinazotokana na uchimbaji wa madini ya titani katika eneo la Nyari.

ROLE OF COG IN APPOINTMENTS TO BOARDS, TASK FORCES AND COMMITTEES

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on Devolution and Intergovernmental Relations, regarding the role of Council of Governors (CoG) in appointments and nominations to various boards, task forces and committees.

Mr. Speaker, Sir, the CoG is established under the Intergovernmental Relations Act, 2012. It has developed guidelines for appointing representatives to national boards and committees to safeguard the county interests. These appointments are guided by Muongozo and the Salaries and Remuneration Commission (SRC) guidelines, emphasiing transparency, merits, accountability and financial prudence. Concerns, however, persist regarding mandate clarity, nomination criteria and mechanisms ensuring accountability of appointed county representatives, nationally.

In the statement, the committee should address the following-

1. The specific boards, task forces and committees in which the CoG currently hold representation, the total number of appointments made to date and whether the legal and regulatory framework underpinning these nominations is adequate to ensure transparency, accountability and equitable representation.
2. The criteria, procedures and guiding principles applied in nominating individuals, particularly in alignment with Muongozo and the SRC guidelines, and the measures in place to guarantee fair regional representation so that no county or region inappropriately benefits.
3. The safeguards instituted to prevent conflict of interest, double remuneration or abuse of allowances in accordance with the SRC regulations, and whether these appointments are subjected to independent audit or parliamentary oversight, including the frequency of such reviews.
4. The mechanisms established to ensure transparency, accountability and equitable representation across all 47 counties, and the reporting requirements imposed on nominees to demonstrate effective representation of county interest.

1. The measures used to evaluate the performance and effectiveness of nominees, and the project impact of the Council's representation on strengthening the devolution, particularly in key sectors such as health, water, education, agriculture, finance, and infrastructure.

CONCERN OVER POLICE OFFICER FILMED SHOOTING AT STUDENTS’ HOSTELS AT UON

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of nationwide concern regarding the incident in which an individual purported to be a police officer was captured on video firing shots into a students’ house during a night party at the University of Nairobi (UoN), Kikuyu Campus.

Mr. Speaker, Sir, the individual, armed with a rifle, was recorded attempting to force entry into the students’ residences, issuing threats and subsequently discharging his weapon inside the premises.

This act has sparked outrage among students, the public and parents, raising serious questions about law enforcement, conduct, accountability and safety of students in secured educational environment. This incident is not isolated, but appears to be part of a recent string of police abuse of power and brutality witnessed across the country, undermining the public trust in law enforcement and threatening constitutional rights of security to citizens.

Mr. Speaker, Sir, the committee should address the following-

1. Whether the individual involved in the University of Nairobi, Kikuyu Campus, incident has been identified, suspended or placed under investigation, and the immediate actions taken by the relevant authorities following the incident.
2. The circumstances under which police officers are authorised to discharge firearms in civilian settings, including accountability frameworks, in a place to prevent the misuse of firearms, intimidation of civilians, and violations of human rights.
3. Whether the Independent Policing Oversight Authority (IPOA), has taken up the matter, the scope, and the progress of the investigation.
4. The nationwide reforms, policies and oversight mechanisms being implemented to prevent the recurrence of similar incidents in universities, learning institutions, other civilian environments, and the measures being undertaken to guarantee the safety and security of our students and members of the public across the country.
5. How the National Police Service (NPS) is addressing the broader and nationwide concern of police abuse of power and brutality to prevent excessive use of force, protect the public and restore confidence in law enforcement institutions. I thank you, Mr. Speaker, Sir.

FREQUENT POWER OUTAGES IN BURA TOWN, BANGALE, MADOGO, AND MORORO IN TANA RIVER COUNTY

Mr. Speaker, Sir, 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 continuous power blackouts affecting Bura Town, Bangale, Madogo, and Mororo in Tana River County.

Mr. Speaker, Sir, Tana River County experiences high temperatures, making it essential to ensure the proper preservation of food, water, medicines and other health- related supplies. The ongoing power outages have significantly undermined residents' essential needs, exposing them to health risks and economic hardship.

Further, a considerable portion of economic and social activities in the county takes place after breaking of the fast during this Holy Month of Ramadan. The frequent and prolonged power blackouts have adversely affected these activities, disrupted livelihoods and diminished business productivity.

In the statement, the committee should address the following-

1. Whether the reliance on a single feeder power line is contributing to the persistent power outages in the affected areas, and if so, what plans there are in place to expand or establish additional distribution lines, including the timelines for implementation.
2. Whether flooding and other natural disasters have damaged or continue to affect power infrastructure, particularly cables in the region, and if so, when comprehensive repairs or replacements will be undertaken to ensure a stable electricity supply.
3. Whether the inadequate number of substations has resulted in high voltage fluctuations, frequent system tripping, and transformer overloads, and if so, what measures and timelines have been put in place to establish additional sub stations.
4. What new electrification projects are currently being implemented in the affected areas and whether these projects include installation of new transformers and low voltage distribution lines to improve power reliability and access.
5. Why the last mile electricity connectivity project excluded villages one, two and three within the Bura Irrigation Settlement Scheme and the measures the State Department for Energy is taking to ensure that these villages are connected to the national grid in the same manner as other neighbouring villages.

Mr. Speaker, Sir, allow me to read the second statement.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on Roads, Transportation and Housing on a matter of countywide concern regarding the socio-economic and environmental impact of the project for construction of the new Tana River Bridge and access roads along the Ukasi- Garissa-Modika Road.

The project for construction of the new Tana River Bridge and its access roads along the Ukasi-Garissa-Modika Road was launched in February, 2025. Land owners whose parcels of land were compulsorily acquired for the project were displaced and have never been compensated to date. Residents have also expressed concern about the project on their livelihood, noting that the bridge design and culverts could divert flood waters to farmlands and destroy traditional animals’ paths. Further, the contractor is yet to undertake any corporate social responsibility (CSR) programmes for the local community.

In the statement, the committee should address the following-

1. Whether an Environmental Impact Assessment (EIA), including public participation component, was conducted prior to commencement of the project, and if so, obtain the findings.
2. Whether an assessment could be done to ascertain that the bridge design and culverts will not divert flood waters to nearby settlements and farmlands.
3. Reasons for the delay in compensating land owners whose parcels were acquired for the project and the timelines for effecting the said compensation.
4. Reasons for failure by the contractor to undertaken any CSR programme on the side of Tana River County for the local community. The statements have been read by Sen. (Dr.) Danson Mungatana, Senator for Tana River County. I thank you, Mr. Speaker, Sir.

EFFECTS OF RECENT FLASHFLOODS IN VARIOUS PARTS OF THE COUNTRY

Flashfloods of 6th March, 2026 claimed a total of 42 lives nationally, with 26 fatalities recorded in Nairobi alone, displaced up to 50,000 residents across multiple counties and resulted in destruction of property, livestock, agricultural land and critical public infrastructure. The committee extends its deepest condolences to all the bereaved families and to those whose livelihoods have been devastated.

The committee notes that the events were a predictable consequence of decades of accumulated failures in environmental governance, land use, regulation and poor urban planning, matters that this House can scrutinise and give proposals. The committee is of the firm view that Kenya has reached an affliction point.

The country experienced catastrophic flooding in 2023, 2024, 2025 and again in

1. The state has spent an estimated Kshs35 billion on flood control, water storage and mitigation interventions over the past four years, yet with such successive rainy seasons, the death toll, displacement figures and economic damage escalate. This pattern of recurrent disaster, reactive expenditure and the absence of structural reform is no longer acceptable. The committee intends to provide oversight analysis and legislative directive necessary to break this cycle. The constitutional framework is unambiguous in its obligations. Article 42 guarantees every citizen the right to a clean and healthy environment. Article 69 imposes a duty on the state to ensure sustainable exploitation, utilisation and management and conservation of the environment and natural resources and to take measures to address adverse effects of climate change. Article 70 provides for enforcement of environmental rights, read together with Article 62, which vests natural resources, including rivers, lakes, water resources and public land in the people of Kenya and places them under the stewardship of the national and county governments. These provisions establish an unambiguous constitutional duty to protect the environment and land use conditions that when violated produce the disasters that this country has repeatedly suffered. The legislative architecture reinforces this framework. The Environmental Management and Co-ordination Act (EMCA) Cap. 387, establishes the National Environment Management Authority (NEMA) and vests it with authority over EIA, enforcement of environmental standards and oversight of riparian zones protection. The Water Act, 2016 vests the Water Resources Authority (WRA) with the mandate to manage, protect and regulate use of water resources, including riparian land and catchment areas. The Physical and Land Use Planning Act, 2019 establishes the regulatory framework governing preparation and implementation of land use plans at both national and county levels, including restrictions and development within flood-prone zones. The Forestry Conservation and Management Act 2016 governs protection of Kenya’s gazetted forests and water catchment areas including the five principal water towers. Despite this comprehensive legal architecture, environmental degradation has accelerated. This is a failure not of law but of governance. Based on the committee’s engagements, observations and analysis of available data and expert literature, the Committee notes the following concerns on the structural drivers of Kenya’s escalating flood disaster-

1. Degradation of catchment areas and water towers: The committee found that degradation of water towers is a direct and primary driver of the increased frequency and severity of flooding in downstream urban and rural areas including Nairobi.
2. Systemic encroachment on riparian land: Under the EMCA and the Water Act, 2016, riparian reserves of not less than six metres on either side of a river or stream and greater distances of larger water courses are protected zones within which no development is permissible. The committee found that this legal requirement is routinely and pervasively violated across Kenya and most acutely in Nairobi where formal and informal structures have been constructed directly within river channels or on river banks and in designated flood points. Encroachment eliminates the natural flow storage capacity of riparian zones, constraints river channels and exposes human settlements to catastrophic and predictable flood risks. Modern flood mitigation engineering depends on retention basins and buffer zones within riparian corridor. In Nairobi, these areas have instead been developed, making mitigation structurally impossible in many localities. The committee further finds that encroachment actions against riparian encroachments have been hampered by legal challenges, inadequate institutional capacity and in documented cases, political interference.
3. Failure of the urban planning and development control: The Physical and Land Use Planning Act, 2019 requires that development permissions account for environmental impact, including drainage and flood assessments. The committee finds that this requirement has been systematically disregarded and progressively replaced permeable green surfaces with impermeable concrete and tarmac, dramatically increasing stormwater runoff volumes and velocities. The County Government of Nairobi has acknowledged that despite improved Own-Source Revenue (OSR), the city's drainage infrastructure has not kept pace with the scale and pace of urban expansion. The committee finds that the National Construction Authority (NCA) and county governments have failed to enforce building and planning regulations that prevent the preparation of developments in flood-prone areas and that corruption in the planning approval process continues to enable inappropriate and illegal construction.
4. Chronic under-investment in and neglect of drainage infrastructure: Drainage infrastructure in Nairobi was largely designed and built to serve a city over a fraction of its current population and density. The committee finds that despite the expenditure of Kshs35 billion on flood control and mitigation over the last four years, the allocation specifically for drainage infrastructure maintenance, rehabilitation and expansion has been grossly inadequate. In the current financial year, flood control works received Kshs200 million nationally, a figure that is manifestly insufficient for a country with Nairobi's drainage needs alone. Drainage channels across the city and other urban centres are clogged with solid waste, including plastic, silt and illegal kiosks, which has greatly reduced their capacity.

The committee finds that there is no systematic, adequately funded and regularly audited programme for the maintenance of urban drainage networks at either the national or county level.

1. Inadequate solid waste management and its impact on drainage: The committee finds a direct and causative link between the failure of solid waste management and the blockage of drainage systems. The Environment and Land Court and National Environmental Management Authority (NEMA) have both noted the pervasive practise of disposing solid waste in drainage channels and riparian zones. In the absence of adequate water collection infrastructure in informal settlements, rivers and drainage channels become the default disposal routes. The resulting blockages do not merely reduce drainage efficiency, they cause localised flooding even in rainfall events of relatively moderate intensity. This renders the solid waste management crisis inseparable from the flood disaster crisis;
2. Over-obstruction of groundwater and ground subsidence: The committee notes that expert findings that Nairobi chronic water supply shortages have driven proliferation of boreholes across the city, leading to the over-obstruction of groundwater at rates that have dramatically lowered the underground water table levels. The resulting aquifer compression, compounded by the weight of structures built above, have produced measurable ground level subsidence in multiple parts of the city. This creates artificial topographic depressions where stormwater accumulates and cannot drain, significantly amplifying the impact of flooding in those areas;
3. Inadequate early warning and disaster preparedness mechanisms: The Kenya Meteorological Regional Department (KMRD) issued a Heavy Rainfall Advisory No.2 of 2026 and provided advance notice of the intense rainfall events of 4th to 9thy March,

1. The committee finds that while the technical capacity of weather forecasting exists, the institutional framework mechanism for translating early warnings into timely and effective community-level preparedness and evacuation actions remains severely deficient. There is no functioning national framework that operationalises the link between meteorological advisory and coordinated and pre-emptive action by NEMA, county government and the emergency response agencies to protect communities known to be at an elevated risk.

Mr. Speaker, Sir, flooding which arises from degraded catchments, encroached riparian zones, collapsed drainage systems and absent enforcement is preventable. This committee will pursue this matter and report back to the House in due course.

I thank you.

oversight mandate of the Senate. It weakens accountability in the management of public resources, contrary to the national values and principles of governance under Article 10 of the Constitution and principles of public finance under Article 201(A) of the Constitution, which requires openness and accountability.

This disregard of the Senate invitations and summons sets a bad precedent and threatens to erode the principles of transparency, accountability and respect for our constitutional institutions. The Senate will continue to discharge its oversight mandate as enshrined in the Constitution and will proceed to confirm audit reports even when governors fail to appear and forward their findings to the relevant government agencies for appropriate action.

Mr. Speaker, Sir, just to provide context to this statement is that I am deeply concerned following what is happening at our County Public Accounts Committee. As a leader in the House, I felt compelled to issue this statement just to reaffirm that this position of the Senate is not only provided for constitutionally, but has been affirmed by none other than the highest court in the land of the powers of the Senate, to call on to governors to appear before our committees and give account of how they have utilised the resources that have been sent to them.

This afternoon, you have just informed the House of the passage of the Division of Revenue Bill. You know how hard this House works to ensure that we equitably resource our counties to perform their functions. It cannot be that at the whims of governors, they can sit purportedly at an illegal gathering in Kilifi and decide not to appear before the County Public Accounts Committee.

Mr. Speaker, Sir, I beg for your attention because this is extremely important.

This is because if you have failed to come to respond, then it means you are guilty, you have accepted the verdict. All that is left for us, because on Tuesday, 31st March, 2026, God willing, shall be a special day in this House. We shall be passing the

findings of the CPAC on the utilisation of resources for the last financial year by county governors. Those that have come before the CPAC and presented their responses will get a fair hearing. If you choose to waive the right to appear, then it means you agree with the Auditor-General. Therefore, what will be left of us is to follow the findings of the CPAC, which is to direct that the Ethics and Anti-Corruption Commission (EACC) recovers the money and the Directorate of Criminal Investigations (DCI) arrests those that have disappeared with public resources and we move on to the next financial year. That is the import of this statement. I hope every governor in the Republic of Kenya understands that position.

I thank you, Mr. Speaker, Sir.

COMMUNICATIONS FROM THE CHAIR

VISITING DELEGATION FROM THE COUNTY ASSEMBLY OF SAMBURU

1. Hon. Stephen Lenamarle - Speaker
2. Hon. Lelenkeju Jackson Layan - Deputy Speaker
3. Hon. Leleruk James Koileken - Minority Leader
4. Hon Lorunyei Lawrence Sebastian
5. Hon. Lemoosa Maura Lekuram
6. Hon. Eunice Serah Lekirenyei
7. Hon. Lpesina Kelvin Lemantaan
8. Hon. Jane Nakinyi

-

1. Mr. Fred Lenapeer - Clerk
2. Mr. Simon Lekupe - Deputy Clerk
3. Mr. Timothy Leshoomo - Sergeant -At-Arms
4. Ms. Agnes Learat - Hansard Editor Hon. Senators, on behalf of the Senate and on my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

VISITING DELEGATION OF MCAS FROM UASIN GISHU AND MAKUENI COUNTY ASSEMBLIES

I would also wish to acknowledge the presence in the Speaker's Gallery this afternoon of a visiting delegation of members of the County Assemblies from Uasin Gishu and Makueni. The delegation is on a benchmarking engagement on best practises at the Senate.

I request each member of the delegation to stand when called out so that you may be acknowledged in the Senate tradition-

1. Hon. Julia San
2. Hon. Reuben Tobose
3. Hon. Esther Mwongeli On behalf of the Senate and on my own behalf, I extend a warm welcome to you and wish you a fruitful visit.

I will request the Senator for Samburu, Sen. (Dr.) Lelegwe, in under one minute, to extend a word of welcome to the delegation from Samburu County. Thereafter, the Senate Deputy Minority Leader to extend a word of welcome to the second delegation.

You may proceed.

My hope is that they take what they learn here to serve the people of Samburu better. I am sure today, they have seen the Majority Leader tabling a statement under Standing Order No.57(1), which touches on the reports of this House and the

responsibility of governors to appear before the Senate to come and account for the resources that they allocated by this House.

To note that, the Governor of Samburu has never appeared and he does not want to appear before the County Public Accounts Committee (CPAC) to account for these resources. In the last two sittings with the County Public Investments and Special Funds Committee (CPISFC), they have received very bad opinions. There was a disclaimer, an adverse opinion and a qualified opinion out of four reports that he appeared to give feedback at the CPAC. I request that these Members of County Assembly (MCAs) and their staff learn what brought them here and take back their experience of the Senate, to go and serve the people and do well in their committees.

Also, it is upon them to table the Auditor-General’s report before the 31st March this year. I am not sure whether the Public Accounts Committee (PAC) has tabled their report in the County Assembly.

COMMUNICATION FROM THE CHAIR

OPERATION OF THE TAIDEN CONGRESS SYSTEM

Further to the communication I issued in the afternoon sitting on Wednesday, 25th of February, 2026 regarding the basic operation of the Taiden Congress System, I wish to inform you that the biometric authentication module has now been operationalised.

We will, therefore, discontinue the use of key cards and transition to the biometric for sign-in and attendance recording in plenary proceedings from Tuesday, 24th March,

1. Kindly note that after the transition, you will be required to sign in with your biometrics whenever you are present for your attendance to be recorded. For the avoidance of doubt, any Senator who will attend the sitting and not sign into the system will be marked absent. For that reason, hon. Senators, an Information Technology (IT) desk has been set up right outside the Chamber to facilitate the registration of your biometrics ahead of the transition. Kindly ensure you pass by the IT desk and have your biometrics registered before the sitting on Tuesday, 24th March, 2026. I thank you. Senator Eddy, you may now proceed with your comments.

weekend, we had a confrontation between the police and the population, where three lives were lost from gunshots and the police station in Macalder was burnt down by people who were angry at the police.

This is because, constantly, there has been laxity by the police to deal with the issue of insecurity in that area to the extent that the people there now are being terrorised by General Service Unit (GSU) officers who have gone now to Macalder to try and restore order.

The statement by Sen. Cherarkey should be treated with the urgency it deserves. I know that Sen. Cherarkey also asked a question to the Ministry of Interior and National Administration on the general state of insecurity in Migori, Nandi and other places.

These issues are an emergency because if we do not take care, the population will start fighting with the police and that will be the highest height of insecurity. It is happening in Nyatike, and I stand with my people that they should not be harassed by the police in Nyatike. There must be a proper understanding between the police and the people in the locality.

Mr. Speaker, Sir, that said, because I do not have much time, the country is going to a serious crisis where a jamboree of a group of a corporate organisation that calls itself the County Governors’ Council, is deciding that it is not going to come to this House to account for critical issues of audit tantamount to serious crime against humanity on financial irregularities in this country.

If we do not rise to this issue, we are not going to manage it. On Migori County I have taken time and checked on the auditors' report for the Financial Year 2024/2025. You will find critical irregularities starting with, you know, Kshs58 million that has been transferred from the County Revenue Fund (CRF) without any trace. We have got Kshs72 million that is unsupported. It was transferred from the same county coffers for the Early Childhood Education Centres (ECDEs) that were not built. We have Kshs826 million that cannot be accounted for in terms of pending bills. I can go on and on. I think it is very important---

kufika kule ili kuona yanayoendelea ili waje Bungeni kutueleza walichoona na hatua itakayochukuliwa.

Kwa kawaida, mila za kiafrika zinaheshimu maiti ingawaje Shakahola wameacha kuheshimu maiti. Polisi wa Kenya wameacha kuheshimu maiti. Hospitali za Kenya pia zimeacha kuheshimu maiti. Wakati mtu amefariki hospitalini na ana deni, hospitali inaweka maiti kama rehani mpaka deni ilipwe yote hadi ndururu ya mwisho. La sivyo, maiti haitatolewa hapo. Kama deni halitalipwa, maiti inatolewa mahali imehifadhiwa na kuekwa kwa sakafu.

Polisi wanauwa mtu na badala ya kupeleka mochari, wanapeleka mwili wake kwa visiwa na kutupa kama takataka. Hivi majuzi, kuna kijana mdogo kutoka Moyale aliuwawa na badala ya polisi kuhifadhi mwili wake vizuri, waliotupa msituni na wakachomwa.

Mheshimiwa Spika, kamati inayohusika na masuala hayo wasiende Shakahola peke yake. Naomba wachunguze mambo ya polisi pia. Unakumbuka kuna vijana wetu wengi waliotupwa ndani ya maji. Visa hivyo vifanyiwe uchunguzi pia.

Kwa hayo machache, asante.

ODM is known for supporting devolution and transparency in the use of public resources. How can a member of ODM champion such impunity?

Mr. Speaker, Sir, just as four names of notorious governors were given to the country, we will prepare a top five list. Chair, usitishwe na mtu. I want the Chair to bring the Motion we agreed upon, so that funds to some counties are stopped until their governors appear.

Yesterday, my own county governor, Hon. Johnson Sakaja, was scheduled to appear before the committee and---

your county. I beg you to stand with these families and we will stand with you because you lead this House as number three. I know somebody has claimed that they are number three in Government, but I want to confirm that you are number three. The others are jokers.

Mr. Speaker, Sir, the final question is on the issue of mining. This Chinese company called Shanichi Jialin Mining is taking advantage of your people. It is next to your Constituency of Magarini. They have bypassed all the laws that exist. They also do not follow the National Environment Management Authority (NEMA). Who are these people? You cannot go and do this nonsense in China. I am sorry for using that word.

What happened in Ikolomani and Karebe in Tinderet Sub-county is what will happen to your people if this thing is not stopped now. NEMA must tell us what they have eaten. Even men from your area can no longer sire. They can no longer execute their things in the evening because the environment is not conducive. Before you give birth, you need a peaceful environment.

Proceed, Senator for Kericho.

Mr. Speaker, Sir, is it in order for the Senator for Nandi to confirm, yet we know, first, he does not come from Kilifi?

Secondly, he is not a woman to confirm what men from Kilifi can do. Can he set the record straight on behalf of your constituents?

wa Waliowengi amekosea kabisa. Ile statement ambayo mimi nimesema ni kwamba kuna mambo ya vumbi na TB. Utakuwa aje mgonjwa alafu utake kuzaa? Utazaa namna gani kama huna nguvu kwa mwili? Kwa hivyo, wale Wachina ambao wako kule wanafanya kazi mbaya ya kuchimba mashimo kutoa raslimali zetu na hatimaye watu wetu wanaumia na kuathirika kwa sababu ya vumbi wanayotoa kwa kufanya ile shughuli halafu wanashindwa kufanya kazi.

This is a very serious matter because how can governors claim that our Senators are receiving bribes from them without proof? If they gave the bribes to cover their crimes, are they not equally guilty before the law? The receiver and the giver are guilty. So, how can they claim innocence and then now use that claim, which is unsubstantiated, to fail to appear before the committees of Parliament? I condemn this.

If governors do not want to come, Parliament has a way of forcing them to come. We have laws which will force them to come. We must ensure that those governors who fail to appear before the Senate committees, particularly the County Public Accounts Committee (CPAC), will go through the whole hog of the law to make sure that they appear before committees. If it is the police, let them be forced to bring them because that is the law. There is no way the police are going to exonerate themselves. They cannot sit back, watch and wait for Parliament to keep on demanding.

It is a waste of public resources for the CPAC to invite them and then sit and get sitting allowance yet governors do not appear. We also have other ways. We can also refuse to pass the budgets, particularly those of governors who refuse to appear before the committee.

Mr. Speaker, Sir, I know that the Senate is not completely---

It is not the Senators who want them to appear. It is the Constitution. We do not need them to appear. They do not come for us. It is the Constitution that requires them to appear. Therefore, there is no reason to say somebody has done this or that. If they want to look for excuses, then this is the right time for the Senate to have teeth to bite so that we can take action against them. Not only under police escort. I think we need also to pursue them financially. Fiscal management is a very important thing in this country.

Every day you open the papers, even today, you have seen Members of Parliament (MPs) have questions about the National Government-Constituencies Development Fund (NG-CDF). There is the issue of Kshs2.1 billion appearing on the papers today. This is a constitutional requirement. It is not the Senate or the House of Parliament that is asking. It is the Constitution that is asking. Therefore, that must be obeyed. I would like to tell my governor to lead his flock to the right position and place so that we can avoid this kind of confrontation.

In the year ending June, 2025, 199 transactions totalling Kshs573 million were raised, but there were no corresponding purchase explanations. There were difficulties in matching invoices against the LPOs in the IFMIS. That is almost Kshs600 million that was utilised and cannot be properly accounted for.

Aside from that, some payments were made outside the IFMIS. The internet banking system of Tana River County in that year says that Kshs1,132,329 were payments made outside the IFMIS system. There is a reason why this Governor is dodging coming to account for about Kshs9 billion he is receiving. If you are making payments of more than a billion shillings without using the IFMIS system, something is realy wrong with this Governor.

My. Temporary Speaker, Sir, I propose that we strengthen the penalties further against rogue governors. Instead of just a Kshs500,000 fine, we should amend the Powers and Privileges Act to enhance it to Kshs5 million. They should pay personally from their funds, not the county government.

Also, we should have the power to order the immediate arrest of rogue governors. We have a Parliament Police Station that has a cell so that we can restrain these people. They have a real feeling of what stealing means, so that they stay there and---

of the people responsible to handle that matter, but it is the biggest shame, a collective shame of our nation.

It shall be remembered that the collective decision by the governors not to appear before the CPAC of the Senate was made in Kilifi. While there, these governors would have used their time better to even address themselves to that issue of the bodies lying outside the hospital. The bodies in there do not just belong to Kilifi County. They are bodies of Kenyans across the country.

Perhaps, the governors who were making the loudest noise about not appearing are the ones who have their people’s bodies lying in those containers. That would have been a better use of their time in Kilifi but that is not important. I want to say this and say it very clearly. These governors may collectively decide not to appear, but they must always be reminded that responsibility is personal, it is not collective.

The notorious governors, including your own governor, Mr. Temporary Speaker, Sir, the Governor of Bomet County, is one of those notorious governors who last week, or earlier this week, wrote a letter explaining why they could not appear before the CPAC. The reason why they could not appear, according to the letter, is that the governor had prior important and official engagements.

Now, I ask myself, this House and the governors, what more important official engagement would a governor have than to account for public resources given to them to serve their people?

that statement was the Governor of Kakamega County; a man for whom the people of Kakamega are waiting to hear what he has to say about the Kshs240 million that he found allocated on the Butali-Malekha Road. Instead, he is today in a rally asking the President of Kenya to help him build the same road for which we want him to account for the Kshs240 million that was put in that account when he reported in office.

We want him to tell us what happened to the Kshs120 million that was meant to do the bridge and gap the road from Bushiangala all the way to Eregi that has got a crossover, and the budget and the money was in the account. We would like the Governor of Kakamega to tell the people of Kakamega, and I am glad that the party leader of Orange Democratic Movement (ODM) is here, what happened to the Kshs400 million that he put to the road from Mwiboma in Mumias all the way to Indangalasia. Three years down the road, he has not done anything.

We would like to know what happened to the Kshs600 million that was intended to do the road from Bulimbo Market in Harambee all the way to Khaunga. Instead, the guy has done only two-and-a-half kilometers, and the money is gone. These are the things his coming before the committee will clarify.

Finally, may I congratulate young Sen. Kajwang’ and his team. Stay put when you are asking questions of why, why not and what not---

The Temporary Speaker (Sen. Wakili Sigei): Thank you, Senator Boni. Had you asked for a minute, I would probably have given you, but you did not. In the circumstances, I will proceed to allow the next speaker, Sen. Faki, to proceed.

barua tayari kwamba tarehe 23, anatakikana hapa siku ya Jumatatu. Nina hakika hiyo tarehe 23 atakuwa na hafla nyingine ambayo itamwezesha asiweze kufika katika Bunge hili kujibu maswali mazuri ambayo yameandaliwa na Kamati ya uhasibu ili kuhakikisha kwamba fedha zetu zinatumika vizuri.

Ningeunga mkono pendekezo la Sen. Osotsi kwamba badala ya kuita Mawaziri jumatano wiki ijayo, tuite wale Magavana ambao ni sugu kukataa kuja na---

The Temporary Speaker (Sen. Wakili Sigei): Sen. Faki, I give you 30 seconds to conclude.

COMMUNICATION FROM THE CHAIR

VISITING TEACHERS AND STUDENTS FROM SCHOOLS IN NYERI COUNTY

I would like to acknowledge the presence in the public gallery this afternoon of visiting teachers and students from Ndiani Comprehensive school, Kiaruthi Comprehensive School and St. Thomas Gatura Secondary School in Nyeri County. The delegation comprises 13 teachers and 89 students who are visiting the Senate for an academic exposition.

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

In your contribution, Sen. Wamatinga, you also have an opportunity to welcome them under the timeline that is available to you, three minutes for the comments and one minute to welcome the delegation.

comments on these statements, so that we transact on these regulations while we still have quorum. I plead with Members not to leave the Chamber, so that we take a vote on these regulations and immediately thereafter, we will resume to comment on the statements.

I will rearrange the Order Paper and ask the Clerk to call Order No. 8. Hon. Senators, please, do not leave the Chamber.

MOTION

EXTENSION OF TIME FOR CONSIDERATION OF THE SUGAR (GENERAL REGULATIONS, 2025)

Hon. Senators, I take note of Sen. Cherarkey’s concern, but the majority are in concurrence that we proceed to put the question. Therefore, I will proceed.

Pursuant to Standing Order No.84(1), I make a determination that the matter does not affect counties and therefore proceed to put the question.

Thank you, Hon. Members.

We will now go back to the Statements, for purposes of continuation of the comments by Members.

Sen. Olekina Ledama, please, proceed

Senate oversight is entrenched in the Constitution. Articles 96, 125, 226, all the way to 228, demand for accountability. So, when governors choose to ignore the summons, we must come back and ask ourselves, why are these governors ignoring the summonses? Were the summonses worded clearly? What are the intended and unintended consequences of those summonses?

Mr. Temporary Speaker, Sir, I would like to persuade Sen. Moses Kajwang’, who is the Chairperson of CPAC, and Sen. Osotsi, the Chairperson of CPISFC to use the legal mechanism which is already laid out clearly, to call governors to account. Accountability is personal and not collective. That is one thing that governors must be reminded.

Mr. Temporary Speaker, Sir, I request for three minutes because my time was interrupted.

happy that the Governor of Narok, Hon. Ole Ntutu, appeared. We have about 10 governors who were issued with summonses. Yesterday they were issued to governors of Nairobi, Kericho and Kisii. I thought my brother should benefit from that because that is under the Parliamentary Powers and Privileges Act.

anafaa kufika hapa na kujieleza. Akishafanya hivyo, inakuwa ndio hivyo na kuwachia Seneti kuandika ripoti yake. Kwa hivyo, tusichukulie kama ni jambo ambalo tunataka hatua kali ichukuliwe.

Katika utendakazi wetu, tunaweza kuketi na kuongea. Nina uhakika kwamba tunaweza kufaulu na hatimaye tukawa na mwelekeo mwema sote pamoja. Kila mtu akikunja ngumi, hasara inakuwa kwa kaunti zetu.

Bw. Spika wa Muda, niruhusu dakika mbili ama moja ili kumalizia.

Nikimalizia, Kaunti yaa Jiji la Nairobi ni kama mama ama baba wetu. Na tunajua kwamba hii kaunti ndio ina deni kubwa ya Shilingi bilioni 100. Contractors wengi wamefariki dunia na wengine mali yao kuchukuliwa wakabaki wakiteseka. Kwa hivyo, naunga mkono kauli ya kwamba, magavana waitwe na wa kwanza awe Gavana wa Jiji la Nairobi. Pia, Vice-Chairperson wa magavana, Gavana wa Kaunti ya Tharaka Nithi, kujipiga kifua, ni picha mbaya sana katika Mount Kenya. Yeye pia anafaa aitwe na Kamati.

Asante, Bw. Spika wa Muda. Temporary Speaker (Sen. Wakili Sigei): Sen. Maanzo Daniel Kitonga, proceed.

In my view, there was need to also refer this statement to the Committee on National Cohesion, Equal Opportunity and Regional Integration, so as to ensure that there is equal representation taking into consideration very important factors such as religion, ethnicity and regional diversity.

There is also the case of double remuneration where people are employed twice, which we have been hearing a lot about it in the mainstream media. It is very sad to know that this is happening in our country when majority of our youth are jobless and deserve these positions.

Thank you very much, Mr. Temporary Speaker, Sir, for indulging us to make comments on this. It has never and it shall never be a favour or a privilege for a governor to appear before the Senate to answer questions that have been raised by the Auditor- General. Sometimes many people confuse many things. We are not the first and we are not the primary. We do not hold the primary responsibility on audit of counties. This is audit that has already been carried out by the office of the Auditor-General. There are documents that have been requested by the Auditor-General and you are not able to provide them. That is why it is raised as an audit query. Mr. Temporary Speaker, Sir, if governors were really as clean as they purport to be, they would have provided the documents at the first point of audit. This is because once you provide those documents at the point of audit, you get unqualified audit opinions and it is not a feat that has not been achieved. I think the Governor for Makueni has already achieved this particular feat. Therefore, it should not even be disturbing the Senate that you are appearing or not. Why do you not first provide these documents because they have been sought for? It cannot be and we must compel governors to appear before the Senate. We have to use every available tool to ensure that governors appear before the Senate. As it has been aptly put by some of my colleagues - in fact, why I find this statement a bit defective is because we are speaking of them appearing before CPAC. This is a chronic disease across all committees, both the CPISFC and the other committees that you people threw me to - into the Committee on Education, we were expecting to have the Governor for Isiolo yesterday, but he did not appear.

Sen. Kajwang’, proceed.

BILL

Second Reading

THE HEALTH (AMENDMENT) BILL (SENATE BILLS NO.12 OF 2025)

“Every Kenyan is entitled to a right to the highest attainable standard of health, including the right to access health services.”

This right belongs to the rich, the mighty and the less privileged within our society. I am sure that when Kenyans enacted Article 43, they knew that amongst us there were those who are not well-endowed financially to meet their bills the way me and other honourable Senators are able to. Therefore, the fact that a Kenyan does not have the financial means to meet certain financial obligations, especially when that Kenyan is in need of health care services does not mean that they lose their dignity. Worse still is the fact that there are some fundamental articles in our Constitution that are breached any time you detain a patient because of inability to pay their medical bills.

Mr. Temporary Speaker, Sir, being a lawyer, you know what is provided for in Article 29 of our Constitution, which states that nobody should be deprived of their liberty arbitrarily. By detaining a patient who has walked into a health facility, received medical attention until they settle their bills, that is tantamount to arbitrary depriving that citizen of their liberty.

Second, Article 28 of our Constitution obligates all of us, Kenyans, to ensure that any treatment that we vest on any Kenyan incorporates human dignity so that anything that is inherently degrading to any Kenyan is a clear violation of Article 28 of our Constitution.

As a person from the great county of Nyamira, I have had personal experiences where mothers have given birth in hospitals and have been detained for more than a month with their babies because of inability to pay their medical bills. In one instance, and that is what has moved me to come with this amendment, a poor mother was detained. I do not want to give her name because I want to respect the dignity of that Kenyan. She was detained in a hospital and because she was not able to pay her bills, she was forced to sleep on the floor with her child. The hospital said that only those patients that would pay their bills would be allowed to enjoy the facilities of a bed and a mattress. Just imagine that kind of degrading treatment.

In another instance, I had to intervene when our national referral hospital detained a patient who was knocked down by a vehicle and was rushed by police to Kenyatta National Hospital (KNH) for emergency treatment. After staying in that hospital for a record 58 days, that poor Kenyan incurred a bill of Kshs1.7 million. When he passed on, the hospital refused to release the body insisting that they were detaining it as lien for recovery of the debt.

Mr. Temporary Speaker, Sir, you are a lawyer and know that in law, one cannot claim property in a dead body. We all know that there is no property in a dead body. Therefore, to end this degrading treatment, we propose legislation to make it criminal for any health facility to detain a person solely due to inability to pay medical expenses incurred in a hospital.

As a country, we are moving towards Universal Health Coverage (UHC). We contribute significantly to the Social Health Authority (SHA) fund to support those unable to pay for the insurance. Every Senator contributes Kshs43,000 monthly, while some Kenyans pay as little as Kshs800. We pay more to ensure that the less privileged in

society benefit from our contributions. There is no justification for Parliament to continue witnessing the suffering of Kenyans.

What I have stated this afternoon is incorporated in our Constitution and backed by international standards and conventions. Under Article 2(6) of Constitution of Kenya, 2010, any treaty or convention ratified by Kenya shall form part of our laws. The International Covenant on Civil and Political Rights (ICCPR), ratified by Kenya, in Article 11 states that; no one shall be imprisoned merely for inability to pay a debt or discharge a controversial obligation. If international conventions acknowledge that it is unlawful to detain someone for inability to pay a debt, on what basis would a hospital detain a patient or a corpse?

Near home, the African Charter on Human and Peoples’ Rights (ACHPR) also ratified by Kenya states that no one may be deprived of freedom except for reasons and conditions laid down by law. In particular, no one may be arbitrarily detained. By allowing our health facilities to detain Kenyans due to inability to pay medical expenses, we are contravening our Constitution and international conventions. Every act done by those hospitals is unconstitutional.

Further, there is no law that allows anybody to detain another person as a means of debt recovery. Hospitals can sue for a civil debt. If the person refusing to pay is in a well-paying job, you could garnish their salary. You have all those options.

In fact, the issues I am raising this afternoon, as I move this amendment have been tested in our courts of law. On numerous occasions, courts have been faced with cases on detention of patients in hospitals or detention of corpses for non-payment of bills and have ruled that detention of such patients is unlawful, arbitrary and unconstitutional. There is no doubt that what is provided for in the Constitution has received favour from our courts through judicial pronouncements.

I have also looked at prevailing international standards. In the United Kingdom (UK), under the National Health Service, patients cannot be detained in hospitals simply because they are unable to pay hospital bills. The emphasis, just like in Article 43 of our Constitution, is that the obligation is to ensure that if a patient is brought to a hospital, failure to give medical attention can be criminalised but not inability to pay medical bills. In the U.K., hospitals do not have the legal power to detain a patient for unpaid medical bills. You will not find any instance where a hospital has detained a patient for inability to pay their medical bills.

In the United States of America (USA), the Emergency Medical Treatment and Labour Act places emphasis on the obligation to attend to an emergency and treat a patient first before dealing with debt recovery. Detention due to non-payment of bills is illegal. Hospitals may file lawsuits or affect credit ratings, which we do in Kenya, but they cannot detain patients or corpses. If, for instance, I took a member of my family to a hospital and I run away from paying my debts, you could list me under the credit rating to damage my reputation or file a lawsuit. If you get the court orders, you could garnish my salary or if I have any asset, come after me.

In Rwanda, there is a strong public health approach to ensure that the poor access healthcare services. Looking at many jurisdictions, we do not find places where this bad practice of detaining patients is encouraged or tolerated.

Therefore, in moving this Bill, we want to send a message that we value the less privileged in our society and acknowledge their right to access medical services. They must be treated in a dignified manner, not undignified. Detention of patients for non- payment of bills or holding them hostage is a practice that this Senate should condemn by enacting this particular Bill so that we ensure that Article 43 has rights that can be enjoyed by all Kenyans.

I am sure, if I asked Sen. Wambua or Sen. Mungatana or my good friend, Chair of the Committee on Labour and Social Welfare, Sen. Murgor, these are instances that have affected one or two or even many of their residents from their respective counties. I seek the support of hon. Senators so that this Bill can see the light of day. This way, the great people of the Counties of Kitui, Nyamira, West Pokot and Tana River, can enjoy the rights that are enshrined in Article 43 of the Constitution.

Mr. Temporary Speaker, Sir, I do not want to take a lot of time. I want to donate time to my friend, Sen. Wambua, to second this Bill. I urge Senators to back this Bill that will bring smiles and dignity to those who are underprivileged in our society.

I beg to move and ask Sen. Wambua to second.

a person under Article 28 on human dignity, Article 29 on the freedom and security of the person, Article 39 on the freedom of movement, and of course, specifically Article 43 on the right to access the highest attainable standards of health.

Most of the facilities that detain patients or corpses argue that they have no mechanism of getting their bills paid at a later date. One of the things that we must do and this law will help us to do, is to strike a healthy balance between the right to access the highest attainable standards of health for the patient and also the right for hospitals and health facilities to do clean, profitable business.

I must appreciate that the rise of legitimate private facilities, in itself, is a statement on the inability of public health institutions to adequately take care of the health needs of our citizens. Going further down, the mushrooming of fake health facilities is also a statement on the ability or inability of both private and public health institutions to sufficiently address the health needs of our citizens.

Mr. Temporary Speaker, Sir, that is the reason that the Speaker of the Senate led all of us, while sitting in Lodwar, Turkana County, between 25th and 29th September, 2023, during the Senate Mashinani. It shall be remembered that it was during that sitting in Turkana County that the Senate passed an enabling legislation towards the attainment of universal healthcare. We had a very robust engagement and both sides of the aisle of the Senate came up with legislation that we thought would now make some of these practices a thing of the past.

Mr. Temporary Speaker, Sir, as a consequence of the legislation that we passed, as the Senator for Nyamira County has reminded us, you and all of us in the Senate and all the Members of the National Assembly are paying every month Kshs43,000, every month, towards the attainment of universal health coverage. Ideally, all of us who are privileged to be in formal employment or in big businesses should ensure that Kenyans who are at the bottom of the economic pyramid can access the same healthcare both in private and in public institutions.

The expectations of Kenyans and those of us in leadership were that, after passing these very critical pieces of legislation, the talk about mothers and children being detained for months without end in hospitals for lack of payment of hospital bills that have fallen due would clearly become a thing of the past. Unfortunately, we are still there.

I hope that on the strength of this amendment by the Senator of Nyamira County, added to the other pieces of legislation on UHC, we shall ultimately bury this bad behaviour and bad manners on the part of hospitals to detain patients in hospitals and corpses in mortuaries. We all live in this country. We have heard the vigour with which the President of the Republic has spoken on the need to actualise universal health coverage. We have heard the President of the Republic--- I am very sure the Senator of Tana River County has heard this and will confirm if he gets a chance to contribute to this Bill. The President has actually told Kenyans that if you go to a health facility and people are asking you to pay for treatment, call the police because you should not be paying for treatment. I will say that Kenyans are not just being asked to pay for treatment, they are being detained on account of hospital bills and mortuary fees.

As I move towards the conclusion of my seconding of this Bill, I want to go back to what you said as you called on me to second this Bill. You cannot criminalise poverty. Nobody chooses to be at the bottom of the pyramid economically. Everybody would want to live well. It is almost obvious that as long as we are here, as long as we are among the privileged Kenyans, others should not suffer the indignity of being detained in a hospital for lack of payment of hospital bills. What is good for us is good for every Kenyan in terms of healthcare. I do hope and pray that even as we debate this proposed amendment, we remember that it is a matter of great national interest across the country. For Kenyans living in areas that consider themselves to be on the Government side, and those who live in areas that are on the opposition side, health does not discriminate against economic status.

It should be incumbent upon all of us in the Senate, to pass this proposed amendment and make sure that the passing of this amendment will be the last piece of legislation that we will pass before Kenyans begin to enjoy the real fruits of the UHC.

Those of us who subscribe to the Christian faith--- I know the Senator for Nyamira is a very strong Seventh Day Adventist (SDA), he subscribes to the Christian faith, he reads the Bible and he told me that at some point he was a member of the Pathfinders. I do not know whether he is still there or he has outgrown it.

He says he is old; he is past that, but those of us who read the Bible, and a lot of us in this House do--- I am very sure the secretariat also reads the Bible. At some point, a woman in the Bible anointed the feet of Jesus with very expensive oil. Some people, including some of the disciples, amongst them, Judas, who later betrayed Jesus and was the carrier of the purse, complained. They said; “that oil could have been sold and the proceeds distributed among the poor.” Jesus said; “the less privileged would be with you all the time but I am with you for a while.”

Mr. Temporary Speaker, Sir, that testimony by the Son of God, which was captured in the Synoptic Gospels of Matthew 26, Mark 14, and John 12, is a reminder to all of us that we must be prepared to take care of the less privileged members of our society all the time. It is not an emergency. Having people who are less privileged in our society is not an emergency. It is a constant, something that we must prepare for, afford and accord them the dignity that is due to humanity.

With those remarks, Mr. Temporary Speaker, Sir, I second.

congratulating the honourable Okong’o Omogeni, who worked on this Bill for it to reach this stage.

I am very proud because the honourable Senator was my classmate at the university. I am so glad that he has continued to maintain these high standards of work. I fully agree with the statements in seconding this Bill by my neighbor, Sen. Wambua, for saying what really has been happening. Sen. Wambua has said that Kenyans are suffering and we have the responsibility to make sure that the lives of our people who brought us here, will be better by the time we leave this place.

The courts in Kenya have been very consistent on this matter. In the case of Kenyatta National Hospital vs Harun Mwau, the court stated very clearly, in its holding, that a corpse cannot constitute a collateral. You cannot hold a corpse as a collateral for debt. You have the option of civil recovery. In the case of JMV vs the Attorney General, the High Court held that detaining a body violates human dignity and also their right to family. In this case, the court gave an outright order that, that body must be released forthwith.

The High Court, in the case of Ochieng and others vs the Kenyatta National Hospital, stated again, restating the principle that medical bills are civil debts, and civil debts have a procedure for recovery under civil law. The court said if the hospitals want to enforce their rights to the debt that has occurred, they have a right to institute civil proceedings and recover the money, but they cannot detain the body of a person who has left us.

In Tana River County, we hold people who have passed away in very high regard. I have no known case in Tana River where the public or even private hospitals have been able to detain a body because our customs on all the tribes, be it the Pokomo, the Orma, the Wardei, the Monyoyaya, the Wailuana, the Wata and all the tribes that are in our county, hold the deceased person in very high regard. We cannot, under any circumstances, allow a hospital to hold a body because they want to enforce a debt. This has never happened in our county. At least, I can report something good. It is against the African customs and it goes everywhere.

In South Africa, the courts there have said that holding a body to enforce payment by a hospital is not only against human dignity and illegal, but is also against cultural rights which rhymes with what we do in Tana River County. The courts have said it many times, but we need to codify this law. That is why I congratulate the honourable Senator. Amending the law to bring in Section 7(a) now makes it a criminal offense for any hospital or any official to withhold that dead body.

As we pass this law today, I want to announce to all Kenyans and to the private hospitals because they are the biggest crooks and offenders in this area, that if they think that you can hold a body of a person while people are grieving, you are looking for money even in a dead body. We are saying that we will not wait for the courts to make a ruling. We will not wait for an order of the courts; we will arrest you. We will file a formal complaint in a police station. Your case is criminal. You will be taken to court and from your nice hospital gown, we shall change that into a nice prison gown.

We want this to go to everyone. As we process this law today, you must stop this evil habit that is coming from the bottom of hell. This country needs to treat every citizen

equally. Whether you are broke, you have money or you are in the middle, you must be treated fairly, especially where you are dealing with very strong emotions when your beloved person leaves the world.

Mr. Temporary Speaker, Sir, I will be personal here. I remember when I lost my first wife. I was in that hospital watching a person that I had spent a number of years with and got beautiful children with, losing life as their organs failed one after another and there is nothing I could do. Even in a privileged position where I could call a brain surgeon, a heart surgeon, a kidney specialist, or any specialist, I knew that if they tried using too much medicine, it would interfere with the blood. So, this specialist was arguing with the other specialist not to put in too much. Finally, we could see that it was multiple organ failure. I came out of that theatre and my kids were looking at me.

Mr. Temporary Speaker, Sir, imagine if in that situation I was not able to raise the money for the body, I was struggling with the children and all the emotions and I could not get the body. That would have been the worst punishment you can give a person who has lost a loved one. This is what Kenyans are going through. We needed this law like yesterday. I would like to urge every Senator who will speak to this Bill to enforce the fact that you cannot punish poverty. Let people lay their beloved ones in dignity.

What is so important with this money that people do anything for it, including holding a dead body? We are going to leave it all here. We will never carry it outside this place. Every person who has narrated a near-death experience or those who have gone and said they went and came back, never say that what they saw were visions of money. There is no money there. There is no American dollar nor the Kenyan shilling there. There are no banks or central banks there.

Mr. Temporary Speaker, Sir, they say they have seen angels. They say they have seen their grandmothers or their fathers who went before them. Life is superior to these things that we hold so dearly to. I will go back to the hospitals again. Those who are still in this backward practice of holding people's bodies; shame on you for putting money ahead of people's lives.

My honourable colleague, Sen. Okong’o Omogeni, gave the international experience and spoke about the UK correctly. I will add that in the United States of America (USA), even though the law varies between states, the general principle is that you cannot hold a dead body. What you need to do is to recover from the estate of the deceased person. Alternatively, the insurance company can pay for you.

In India, the Supreme Court has outlawed that practice. What we are doing today is what is the standard practice out there. In the Philippines, it was normal to hold bodies as lien so that the owners of the body can pay that debt. However, even in the Philippines, they have now passed a law to say that is never going to happen again.

Mr. Temporary Speaker, Sir, I would like to say that the message must go out there. Let us not commercialise death. Let us not hold bodies of the departed. Let us even start now, before this law is signed by the President. Let us practice it. Those who are not doing it must know that the courts are ahead in this one and it is wrong for you to do that. However, if you insist, once this law is codified and is signed by the President, then all we will do is to arrest you, people, and put you with the worst criminals.

I urge the officers in charge of prisons that when they see a doctor, an owner of a hospital or an official who has been brought because he was detaining a body of a departed one, they should be put in the worst cells. He should be put with the worst gangsters, the ones who can squeeze his head so that he is squeezed at night. When he goes to court in the morning, he should be denied bail, returned back and squeezed again because he is a worse criminal than any other type of criminal we know.

Mr. Temporary Speaker, Sir, with those many remarks, I beg to support. I thank you.

theft, complacency and corruption is thriving in our hospitals, even in referral hospitals. That is why the President tried to intervene.

Mr. Temporary Speaker, Sir, the Commissioner, who is our employer, is the Mover of this Bill. He knows that Nairobi Hospital used to be listed as one of the hospitals providing medical services to the employees under Parliamentary Service Commission (PSC). Recently, it went down and out of the wisdom of the Parliamentary Service Commission, it was removed from the list because it was no longer providing services that Members needed.

Mr. Temporary Speaker, Sir, since these are health matters, we must be fair to this country. I see people asking why the President is involved but they are not telling the nation that all the Presidents of the Republic have been patrons of the Nairobi Hospital, starting with Mzee Jomo Kenyatta, Daniel Toroitich Arap Moi, Mwai Kibaki, Uhuru Kenyatta and now William Ruto. It is provided that the president is the custodian of the hospital. I think colleagues want to score political bonga points, which is very unfortunate. We want our hospitals to function; from Kipsamoite Dispensary in Mosop to KNH and other private hospitals.

The Moi Teaching and Referral Hospital (MTRH) is being underfunded. There is also the issue of corruption. There is money that was lost through mismanagement of the e-Citizen platform and bad governance. I am talking about public referral hospitals because they detain patients over unpaid medical bills. They also detain dead bodies, which is very unfortunate.

enlisted to provide medical services. I wanted to inform him that statement may send a wrong message that the Nairobi Hospital is no longer enlisted with Parliament. That is not the case because it is still enlisted by the PSC. There was some misunderstanding, but it is still empaneled. Therefore, you can seek medical attention from the Nairobi Hospital.

own private hospitals. We value what they do for this country but there is no justification to detain a dead body over an unpaid bills. The courts have ruled debt recovery as a civil case.

I am proud of my lecturer of law, Prof. Nixon Sifuna, who taught me civil litigation for the landmark ruling last year, 2025. A boda boda rider called Moses Mutua moved to court because the wife had passed on. He had paid Kshs250,000 and Kshs650,000 and yet, the bill had escalated from Kshs2.6 million to Kshs3.3 million in Mater Hospital. I will give the House the full citation for the purposes of the HANSARD. The citation of that case was Moses Mutua and another, versus registered trustees of Masi Kenya and Mater Hospital. On 29th September, 2025, my distinguished lecturer of law, Prof. Nixon Sifuna, delivered a ruling that set precedence.

He declared the following: That, it is immoral, unafrican, illegal, unconstitutional and abuse of dignity of humans to detain a dead body, yet, the debt can be recovered through civil proceedings. I advise our private and even public hospitals to hire lawyers if they do not have them yet.

I am proud that when the history of this House will be written, Sen. Cherarkey will stand among the leaders who stood for the downtrodden, and this law which is very important. There are other cases that have set precedence such as, the famous case of Kinoru versus Abib Hospital in Petition 512 over unlawful confinement.

During Christmas or Ramadhan Kareem, you will find governors, such as the Governor for Nairobi City County, walking into Mbagathi Hospital and saying that he has waived hospital bills for the patients who had been detained as if it is a favour. It is a constitutional right. When will we stop my colleague politicians from walking to hospitals and telling people that they have released them? They are not Jesus Christ, it is the---

ADJOURNMENT