Tuesday, 28th April, 2026

Clerk, do we have quorum?

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

We now have quorum. We will start the day’s business. Clerk, proceed to call the First Order.

Hon. Senators, I have a communication to make regarding the launch of the first edition of the Annotated Senate Standing Orders and three other publications on mediation in the legislative process during the 11th and 12th Parliaments, the process of allocation of revenue to county governments between the 2013/2014 and 2021/2022 financial years and the impeachment processes in the Senate from 2013 to 2022. The publications have compiled select works of the Senate from its re-establishment under the new constitutional dispensation in 2013 up to the end of the last term of Parliament in 2022.

They will constitute part of the Senate’s institutional memory and serve as a useful and practical reference for yourselves, Members of the National Assembly and county assemblies, parliamentary officers, scholars, researchers and other members of the general public interested in legislative procedures and practices. They are also intended to make parliamentary processes more open to the public, in order to demystify Parliament and contribute to a more informed citizenry.

Hon. Senators, I will preside over the launch of the four publications at the Parliament Restaurant Garden on Thursday, 30th April, 2026 at 9.30 a.m. You are invited to attend this very important ceremony.

Thank you. Next Order.

Hon. Senators, take your seats. I have a Message to pass to you.

NOW THEREFORE, having concluded the bicameral passage of the Bill, I will present the Bill to H.E. the President for Assent in accordance with the provisions of Article 112 of the Constitution.’’

Thank you. Next Order, Clerk.

Senator for Nairobi City County, Hon. Edwin Sifuna.

Mr. Speaker, Sir, this is a petition by Mr. Peter Kamau Gitau seeking parliamentary intervention regarding the recruitment of Kenyan nationals into the Russian army and the detention of Kenyans in Ukrainian prisons.

I take this opportunity to present this petition on behalf of the families of Kenyan nationals who are unlawfully recruited and sent to serve in the armed forces of the Russian Federation, as well as those currently detained in prisons within Ukraine. The petition states-

We, the undersigned citizens of the Republic of Kenya, on behalf of other families of Kenyan nationals who are unlawfully recruited and sent to serve in the armed forces of the Russian Federation and others currently detained in prisons within Ukraine, hereby submit this urgent petition for consideration by the Senate.

We wish to draw the attention of the Senate to the following- THAT, whereas the war between the Russian Federation and Ukraine has been ongoing since February, 2022, in the past few years, some Kenyans have found themselves recruited by local agents purporting to place them in jobs in Russia, only for them to arrive there and be moved to serve in the Russian military. The total number is estimated to be upwards of 3,000 individuals, but no proper follow-up has taken place to address all of them.

THAT, our relatives were recruited within the Republic of Kenya by unscrupulous agents under false pretenses.

THAT, upon arrival in Russian Federation, many were coerced, deceived or compelled into military service.

THAT, some Kenyan nationals have been killed, injured, captured, detained or gone missing.

THAT, families have not received any official communication on the status of their relatives from relevant state agencies, including the Ministry of Interior and Coordination of National Government, the Ministry of Labour and Social Protection and the Ministry of Foreign and Diaspora Affairs, despite making numerous visits to these government agencies.

THAT, the recruitment appears to closely resemble human trafficking and unlawful foreign military enlistment.

THAT, whereas we the undersigned, on behalf of other families of Kenyan citizens, illegally recruited to serve in the Russian military have pursued all possible means, including but not limited to petitioning and lobbying state agencies responsible to help find and repatriate our relatives dead or alive back to Kenya, we have been unable to make any progress, leaving many families despondent and heartbroken, with no knowledge on the fate of their relatives who were sent to Russia.

THAT, none of the issues raised in this petition is pending in any court of law, constitutional or any other legal body.

WHEREFORE, your humble petitioners pray that the Senate investigates the matter with a view to recommending to the relevant government agencies to-

Hon. Senators, pursuant to Standing Order No.238 (1) , I commit that petition to the Standing Committee on National Security, Defence and Foreign Relations for the consideration.

Now, in terms of Standing Order No.238 (2) , the committee is required, in not more than 60 calendar days from the time of reading the prayer, which is today, to table its report in the Senate for consideration. The Senate shall thereafter consider the report of the said committee.

Thank you.

Next Order, Clerk.

The Chairperson, Mediation Committee.

Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, Tuesday, 28th April, 2026-

Report of the Mediation Committee on the Food--- Oh my God, this is a different one.

Mr. Speaker, Sir, please give me a minute.

Sen. Beatrice, you may lay the Paper.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 28th April, 2026: -

Report of the Mediation Committee on the Food and Feed Safety Control Co- ordination Bill (National Assembly Bills No.21 of 2023) .

The Chairperson Standing Committee on Health, please, proceed.

The Senate Minority Leader, you may proceed to table. The Chairperson is not present, so you may table on his behalf.

The Senate Minority Leader (Sen. Madzayo) : Thank you, Mr. Speaker, Sir.

Next Order. The Vice-Chairperson, Mediation Committee, Sen. Beatrice, please proceed.

Next Order. The Vice-Chairperson, Mediation Committee, Sen. Beatrice, please proceed.

pursuant to Article 113(2) of the Constitution and Standing Order No.167(3) of the Senate, approves the mediated version of the Bill.

pursuant to Article 113(2) of the Constitution and Standing Order No.167(3) of the Senate, approves the mediated version of the Bill.

Once again, thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Tuesday, 28th April, 2026:-

Report of the Mediation Committee on the National Disaster Risk Management Bill (National Assembly Bills No.24 of 2023) .

I beg to lay. Thank you.

Once again, thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Tuesday, 28th April, 2026:-

Report of the Mediation Committee on the National Disaster Risk Management Bill (National Assembly Bills No.24 of 2023) .

I beg to lay. Thank you.

Next Order, Clerk.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.52 (1) , to make a statement on a matter of national concern namely, the outstanding performance of Kenyan athletes at the 2026 London and Boston Marathons.

Mr Speaker, Sir, Kenya once again demonstrated its global dominance in long- distance running at the 2026 London and Boston marathons. At the London Marathon, Sebastian Sawe shattered the previous marathon world record set by the late Kelvin Kiptum by an outstanding 65 seconds. He established a new record of 1:59:30, becoming the first human in history to run a sub-two-hour marathon in a competitive race. For a long time, this achievement was thought to be impossible.

Sebastian Sawe, who comes from the same place as I do, is a remarkable athlete whose journey started out as a pacemaker. He steadily owned his craft and finally made his debut at the 2024 Valencia Marathon. He delivered an outstanding performance, emerging victorious and marking the second-fastest debut in history at that time. He later ran in the 2025 London and Berlin marathons and clinched victories in both. His recent

win at the London Marathon puts his tally at four victories from four marathons he has contested in. This achievement is a true testament to his extraordinary zeal, discipline and talent.

Mr Speaker, Sir, at the same race, Amos Kiprutto came in fourth after clocking 1:01:39. In the women's category, Olympic medallist Hellen Obiri secured second place, finishing the marathon with a time of 2:12:53. In the London Marathon, Joycelyn Chepkosgei secured third place in the race, clocking 2:15:55. Concluding the top five was Catherine Reline Amanang'ole, who finished the race with a time of 2:21:20.

Mr Speaker, Sir, other than the performance of Sebastian Sawe and the other Kenyan athletes at the London Marathon, I wish to celebrate the performance of Kenyan athletes at the 2026 Boston Marathon in the United States of America, which was held just six days before the London Marathon.

John Korir successfully defended his Boston Marathon title and set a new course record of 2:01:52. Benson Kiprutto secured third place in the men's race with a time of 2:02:50, which was faster than the previous course record. Alex Masai, Nicholas Kipkorir and Wesley Kiptoo also finished strongly in the men's top 20.

Sharon Lokedi triumphed in the women's race for the second consecutive year, clocking 2:18:51, while Loice Chemnung and Mary Ngugi Cooper completed all the Kenyan podium, having come in second and third, respectively. Mercy Chelangat and Irene Cheptai added to Kenya's dominance in the women's field with top six finishes.

Mr. Speaker, Sir, these achievements are a source of immense national pride and reflect the discipline, resilience and excellence of our athletes who continue to raise Kenya's profile on the global stage.

Their victories are not only personal milestones, but also a national celebration that deserves someone's recognition and celebration.

It is imperative that all the records set by athletes are formally ratified by the World Athletics to ensure their rightful place in international athletics history. Ratification will preserve Kenya’s legacy and accord our champions the recognition they deserve.

Mr. Speaker Sir, Kenyan athletes are not only sports icons, but also cultural ambassadors who inspire millions across the globe. Their achievements bring honour to our flag and unite us in celebration. It is, therefore, imperative that we institutionalise a culture of recognition that goes beyond symbolic gestures. We must ensure that their victories are told, their legacies are preserved and their welfare prioritised both during and after their careers.

The success of our athletes should serve as a catalyst for renewed investment in sports infrastructure, coaching and talent development across all counties. By nurturing young athletes and creating pathways to international competition, we can sustain Kenya's legacy in athletics and unlock new opportunities for youth empowerment and national cohesion.

The Government must play a more active role in appreciating and empowering these champions, ensuring they are recognised, rewarded and supported in ways that reflect the magnitude of their contribution to the national identity.

In conclusion, let us honour our champions not only with applause but with tangible support, recognition and advocacy for their rightful place in world athletics. The achievements at the 2026 London and Boston Marathons are reflections of Kenya's excellence and they deserve to be celebrated as the heroes of our time and posterity.

I thank you Mr. Speaker, Sir.

In conclusion, let us honour our champions not only with applause but with tangible support, recognition and advocacy for their rightful place in world athletics. The achievements at the 2026 London and Boston Marathons are reflections of Kenya's excellence and they deserve to be celebrated as the heroes of our time and posterity.

I thank you Mr. Speaker, Sir.

Thank you very much Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a statement on a matter of national importance namely, the continued humanitarian and administrative challenges facing Internally Displaced Persons (IDPs) in Marsabit County and the refugee households currently hosted in Dilo and Magado border area.

This matter arises from information previously presented before this House by the Cabinet Secretary for Interior and National Administration and the Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs during the engagement with the Senate on displacement of refugees and management of the refugees in northern Kenya.

It is further informed by my recent visit to the Kenya-Ethiopia border areas, including Dilo and Magado, where I engaged directly with displaced families and refugee households, local administrators and community leaders. The realities observed on the ground demonstrate that displacement in Marsabit County remains unsolved and requires urgent executive attention.

The Cabinet Secretary confirmed, before this House, that insecurity between 2017 and 2022 resulted in the displacement of 528 households and destruction of 135 houses. Despite the passage of several years, many affected households remain without permanent resettlement, adequate housing or restoration of livelihoods. These families continue to live in uncertainty that undermines their dignity and economic recovery. Further, 1,250 refugee households are currently hosted in Dilo and Magado with 1,098 expressing willingness to voluntarily return back to Kenya.

During my visit, it became evident that the humanitarian challenges extend beyond shelter and food. A deeply concerning administrative gap persists. University students and young people from the affected communities cannot access higher education, Government services or financial support programmes due to lack of national identification cards. This exclusion risks the long-term marginalisation of an entire generation.

The Constitution of the Republic of Kenya guarantees the inherent dignity of every person under Article 28. It affirms the right to housing, education, healthcare and social protection under Article 43. Parliament further enacted the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act which obligates the national Government to prevent displacement, protect affected persons and provide durable solutions, including resettlement, compensation and reintegration. The

continued vulnerability of the displaced households in Marsabit, therefore, represent not only humanitarian concerns, but also a failure to operationalise an existing legal framework.

Kenya has previously demonstrated that displacement crisis can be addressed decisively following the 2007-2008 post-election violence. The national Government established structures and programmes through which displaced households were registered, compensated, resettled and supported to rebuild their lives. Initiatives such as Operation Rudi Nyumbani affirmed the principle that displacement demands recognition, compensation and restoration of dignity. The situation now facing IDPs in Marsabit, Majengo area of Marsabit County raises a profound question of equity. If the State was able to compensate citizens---

Senator for Nandi, Senator for Garissa and Senator for Isiolo, may the Member from Marsabit be heard in silence, please?

Senator for Nandi, Senator for Garissa and Senator for Isiolo, may the Member from Marsabit be heard in silence, please?

Thank you. If the State was able to compensate citizens displaced by political violence, there is no constitutional, legal or moral justification for excluding citizens displaced by insecurity and conflict in Marsabit County, in northern Kenya.

Mr. Speaker, Sir, equally, Kenya continues to benefit from international protection extended to Kenyan refugees abroad. Our standing as a responsible member of the international community requires that we uphold the same humanitarian standards towards refugees hosted within our borders.

The burden presently carried by the host communities in Dilo and Magado, particularly in relations to water, health, education, environmental sustainability and security, cannot remain indefinitely localised when the matter is national in character. The continued delay in addressing these concerns risks entrenching perceptions of unequal citizenship and unequal access to State protection. Northern Kenya cannot remain outside the circle of national restitution simply because its crisis unfolds far from the political centre.

I, therefore, call upon the national Government to urgently move beyond temporary humanitarian responses and undertake a comprehensive national intervention to-

Mr. Speaker, Sir, I thank you. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Finance and Budget on a matter of countrywide concern regarding serious mismanagement of the payroll and budgetary challenges affecting employees and delivery of essential public services in the County of Kakamega.

Employees of Kakamega County have been unable to access healthcare services despite deductions from their salaries owing to irregular remittance of statutory contributions to the Social Health Authority (SHA) and to the M-Tiba Medical Insurance Scheme. This has exposed our employees and their dependents to financial hardships and denial of essential care that is currently undermining their welfare and eroding the trust in public financial management.

At the same time, as if it was not enough, there has been a drastic reduction in capitation for Early Childhood Development Education (ECDE) centres and Technical and Vocational Education and Training institutions (TVET) , which is currently threatening the quality of sustainable foundational and technical education in Kakamega, disproportionately affecting vulnerable learners and weakening human capital development.

Mr. Speaker, Sir, in this statement, I request that the committee should address the following-

Mr. Speaker, Sir, I thank you. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Finance and Budget on a matter of countrywide concern regarding serious mismanagement of the payroll and budgetary challenges affecting employees and delivery of essential public services in the County of Kakamega.

Employees of Kakamega County have been unable to access healthcare services despite deductions from their salaries owing to irregular remittance of statutory contributions to the Social Health Authority (SHA) and to the M-Tiba Medical Insurance Scheme. This has exposed our employees and their dependents to financial hardships and denial of essential care that is currently undermining their welfare and eroding the trust in public financial management.

At the same time, as if it was not enough, there has been a drastic reduction in capitation for Early Childhood Development Education (ECDE) centres and Technical and Vocational Education and Training institutions (TVET) , which is currently threatening the quality of sustainable foundational and technical education in Kakamega, disproportionately affecting vulnerable learners and weakening human capital development.

Mr. Speaker, Sir, in this statement, I request that the committee should address the following-

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Health on a matter of national concern regarding the deplorable state of facilities at the Mathari National and Teaching Reform Hospital.

Article 43 of the Constitution guarantees every citizen a right to the highest attainable standard of health. However, mentally ill patients at the Mathari National Teaching and Referral Hospital continue to face challenges in assessing their basic rights. The hospital is in a state of profound deterioration, characterised by dilapidated infrastructure, bed shortage and overcrowding. The number of mental professionals is also inadequate, which affects the timely, dignified and effective delivery of mental health services at the hospital.

In the statement, the committee should address the following-

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Health on a matter of national concern regarding the deplorable state of facilities at the Mathari National and Teaching Reform Hospital.

Article 43 of the Constitution guarantees every citizen a right to the highest attainable standard of health. However, mentally ill patients at the Mathari National Teaching and Referral Hospital continue to face challenges in assessing their basic rights. The hospital is in a state of profound deterioration, characterised by dilapidated infrastructure, bed shortage and overcrowding. The number of mental professionals is also inadequate, which affects the timely, dignified and effective delivery of mental health services at the hospital.

In the statement, the committee should address the following-

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries on a matter of countywide concern regarding the implementation of agriculture and blue economy programmes in Mombasa County.

In the statement, the committee should address the following-

Senator for Nyandarua County, honourable John Methu. He is not in the House? The statement is dropped.

Senator for Nyandarua County, honourable John Methu. He is not in the House? The statement is dropped.

Members will debate and share their thoughts on that very important subject. I hope that they will be around long enough to engage, learn and interact.

Many of us who are in this House trace our roots in leadership to what we did as young student leaders and that is why we are here today. So, I hope that they do not delay a minute in their active participation on their journey to leadership. I wish them well in everything that they pursue in their life.

Thank you, Mr. Speaker, Sir.

Members will debate and share their thoughts on that very important subject. I hope that they will be around long enough to engage, learn and interact.

Many of us who are in this House trace our roots in leadership to what we did as young student leaders and that is why we are here today. So, I hope that they do not delay a minute in their active participation on their journey to leadership. I wish them well in everything that they pursue in their life.

Thank you, Mr. Speaker, Sir.

On a point of procedure, Mr. Speaker, Sir.

On a point of procedure, Mr. Speaker, Sir.

Yes, Senator for Kakamega County.

Mr. Speaker, we feel that the office of the Serjeant-at-Arms might be embarrassing us in the public eye. These proceedings, from the time we came in, are live and students from another school were here, yet you did not acknowledge them. You have acknowledged university students, which is okay, but what message are we sending to the children, especially with those schools that you failed to recognise? We have to put our House in order so that our visitors feel treated equally.

Mr. Speaker, Sir, ordinarily, the ruling that you have just made is not subject to debate. I am just wondering, because, as the Majority Leader has correctly said, the Division of Revenue Bill is the very reason we are here. Usually, I have seen in previous years that the debate on that particular Bill spills over to the next sitting day. I am unsure how we will manage that with the comment section and the statements that have been requested. I am sure the Senate Majority Leader knows that this is something that many Senators would want to engage in.

Number two, there is a reason why that business had been stepped down a few weeks ago. I feel that, just for the benefit of the House, Hon. Senate Majority Leader, you should have given, at least, a brief on how we have come to reinstate this business on the Floor, but not when you are moving. I think it is not fair.

Could you make your point?

Could you make your point?

Mr. Speaker, Sir, even when business is sponsored by the Senate Majority Leader, he should not take it as his personal business. It is the business of this House. Since we made these decisions in a collegiate manner, do not ambush us. You can tell us that there was a meeting with the elders of the Kalenjin Community or the Bukusu Community and that certain progress has been made, but do not just assume that because you are our leader, you just throw business around, because it was a decision of the House.

I thank you, Mr. Speaker, Sir.

Senator for Nairobi City County, you missed two very crucial meetings. I accepted your apologies for missing those two meetings. It is during those two meetings that a decision was made. The Senate Majority Leader will, of course, explain and inform you. Of course, before he moves the Bill, he will get a chance to explain why this Bill is not getting moved today.

Now, we need to make progress. Senator for Nandi, what is your point of procedure?

Mr. Speaker, Sir, I rise under Standing Order No.1, with your indulgence and Article 110 of the Constitution on Bills, concerning county governments. This Division of Revenue Bill is so critical and that is why the Senate is here.

When you look at Article 96 of the Constitution, our role as a Senate is very critical. One, since I do not sit in the Senate Business Committee (SBC) or leadership, while I agree with the explanation that the Senate Majority Leader might give, my position is very simple. I agree that the Division of Revenue Bill might be time-bound. I imagine that all the 67 Senators want to contribute and enrich it. So, it will be unfair to rush through. Remember, in the past few financial years, there was a time in this House that we did not agree on mediation---

Senator for Nandi, just hear the Chair, Senator for Nandi, we are not rushing this Bill. If all the 67 Senators would wish to contribute to this Bill, they will have an opportunity to do so. So, we are not rushing it.

Can I conclude, Mr. Speaker, Sir, so that I get your Solomonic direction?

Yes, you may.

Senate Majority Leader moves it? We should not be bound by time and so we allow the 67 Senators to agree.

Finally, Mr. Speaker, Sir, as he explains on what transpired, he must tell the country, because as a Senate, we had said we would not debate or pass the Division of Revenue Bill (National Assembly Bill No.2 of 2026), until and unless the Council of Governors appears before the Senate to talk and respond to the questions of the audit. If that will not happen on record, then we do not have any business sitting on this and we will move that the Senate Majority Leader steps down the Bill. We will resist and reject.

Senate Majority Leader moves it? We should not be bound by time and so we allow the 67 Senators to agree.

Finally, Mr. Speaker, Sir, as he explains on what transpired, he must tell the country, because as a Senate, we had said we would not debate or pass the Division of Revenue Bill (National Assembly Bill No.2 of 2026), until and unless the Council of Governors appears before the Senate to talk and respond to the questions of the audit. If that will not happen on record, then we do not have any business sitting on this and we will move that the Senate Majority Leader steps down the Bill. We will resist and reject.

Yes, Senator for Meru.

Mr. Speaker, Sir, I think I was very fast, more than the person giving me the microphone, Hon. Speaker, Sir. I am sorry.

Mr. Speaker, Sir, I really understand the weight of the Division of Revenue Bill (National Assembly Bill No.2 of 2026) . We should deliver and dispense of it. However, looking at the Order Paper today, the Division of Revenue Bill (National Assembly Bill No.2 of 2026) is under Order No.16. In our Order Paper, Order No.15 is the Narcotic and Drugs and Psychotropic Substances Control (Amendment) Bill, (Senate Bills No.1 of 2024) .

Hon. Speaker, Sir, I have been queuing to move this Bill because what is in it affects my county. I agree with Members that we need to dispense off with the Division of Revenue Bill. However, my Bill is also very critical. It should not be surpassed in order for us to move to the Division of Revenue Bill. The Senate Majority Leader, I was part of the meeting. However, I see that we have not convinced the Members that we need to debate the Division of Revenue Bill.

I agree with the Members, but I will also put my case that this Meru matter should also be discussed today. I am here to defend the Meru and the Miraa farmers who have really suffered. If we agree to move to the Division of Revenue Bill, according to the Members, the debate on that Bill will take almost three days. If we do so, my Bill will be surpassed once again and it will be moved to next week or after the recess.

I, therefore, want to convince you and to seek your indulgence that we discuss this Bill today before we move to the Division of Revenue Bill.

Clerk, proceed to call Order No. 16.

Clerk, proceed to call Order No. 16.

What is so disorderly on the Senate Majority Leader? He has not even uttered a word

What is so disorderly on the Senate Majority Leader? He has not even uttered a word

Mr. Speaker, Sir, I have not even spoken.

You cannot explain to us while moving the Bill. We cannot take it. That is disrespect to me.

You cannot explain to us while moving the Bill. We cannot take it. That is disrespect to me.

Sen. Oketch Gicheru, are you done?

Yes, I am done, Mr. Speaker, Sir. This Bill cannot be moved until they explain this issue to us in a Kamukunji.

The Senate Majority Leader, you may proceed.

Mr. Speaker, I do not want to lose my cool, but---

Sen. Okiya Omtatah--- Order, Hon. Senators! Order, Sen. Oketch Gicheru. You have made your point. Allow the Senate Majority Leader to make his.

Mr. Speaker, Sir, when we rose on Thursday last week, or was it on Tuesday and promised the House that as a leadership, we were going to consult. We were to listen to what the Council of Governors (CoG) had to say and after reaching a consensus on certain conditions which the House wanted met, we were to resume business.

I am the one who moved this House and said we cannot transact any business with the CoG until they resume appearance before County Public Accounts Committee. Now, that matter is behind us---

Mr. Speaker, Sir, I do not know how to shout back at Sen. Oketch Gicheru.

Order, hon. Senators, particularly Sen. Oketch Gicheru and the Senator for Nairobi City County. Allow the Senate Majority Leader to explain the matter.

Proceed, the Senate Majority Leader.

removed. I said that we shall never meet anywhere to discuss that matter. I have resisted any attempts of mediation, including from very high offices, because I believe in the importance of this House.

Yesterday, we met, as the leadership, and we had representation from membership of the County County Public Accounts Committee and Committee on Public Investments and Special Funds. Both the chairpersons of those committees were there. We made it clear to the CoG that as much as we acknowledge the issues they were raising, they had to first withdraw the conditions they had set, which was non-appearance before that particular committee, before we listen to them on any other matter.

They willingly agreed and said they shall appear before those committees as from today. Sen. M. Kajwang’, who is the Chairperson of the Committee on County Public Accounts and Sen. Osotsi, the Chairperson of the Committee on Public Investments and Special Funds were in that meeting when we secured that commitment.

I, therefore, do not see any reason why we should continue holding the House hostage. My particular interest on the division of revenue is that the Bill before us is proposing Kshs420 billion yet many of us, including our Committee on Finance and Budget, believe that we need to get into a battle and push the National Assembly to secure at the very minimum Kshs450 billion for our counties. That process takes time and it is the reason why I want us to begin, after which, we will proceed to mediation, if it gets to that particular process, then proceed.

Mr. Speaker, Sir, I appreciate this opportunity. Should you permit, I will proceed to move.

My apologies, Mr. Speaker, Sir. I wanted to hear your guidance and I appreciate it.

Mr. Speaker, Sir, I beg to move:- THAT, the Division of Revenue Bill (National Assembly Bill No.2 of 2026) be now read a second time.

Mr. Speaker, Sir, the Division of Revenue Bill (National Assembly Bill No.2 of 2026) was published in the Kenya Gazette Supplement No.14 of 2026 on 19th February---

Order, Hon. Members. May the Senate Majority Leader be heard in silence?

Order, Hon. Members. May the Senate Majority Leader be heard in silence?

The principal object of the Bill is to provide for vertical sharing of revenue raised nationally between the national and the county governments for the Financial Year 2026/2027.

In accordance to Articles 202 and 203---

Order, honourable Members. Sen. Eddy, I gave you an opportunity and you said what you had to say. The explanation has been given.

Order, honourable Members. Sen. Eddy, I gave you an opportunity and you said what you had to say. The explanation has been given.

Hon. Speaker, with the greatest respect, I feel that the Majority Leader might have misapprehended the nature of the objections that were being taken by the Members. The objection was that because the decision was a collegiate decision of the House, once the leadership of the House met, at the very minimum, the House should have been informed so that people know that at the next sitting, this matter would be reintroduced after everybody has been brought on board as to the reasons.

Number two, there are certain things we would have expected to happen. For instance, the manner in which the CoG took and communicated their decision was such that it even resulted in defamation of Members of this House. So, our expectation would have been that once the leadership of this House and that of the CoG had agreed on a way forward, the same prominence with which the CoG put this matter out there, the Majority

Leader is reporting that they will take back the things that they said, should have been done in the same manner. That would be our expectation. In fact, if the Members of this House would have seen the CoG issuing a statement in the manner in which they issued the initial one, we would not be in this quagmire.

Lastly, I feel that we, as a leadership, must also respect this House. I have been a great supporter of the Majority Leader on this matter, but unfortunately, I was taken aback to hear that he went in a public engagement using the very same words against Members of this House that the CoG had used against us. That was a bit disappointing from my perspective, and I must let him know officially because these are not private matters. You cannot use the same accusations that the CoG was throwing at this House knowing the decision that we have taken, and then you go and use the same words against your colleagues in this House. As a leader of this House, I thought that you misspoke, and personally I feel like---

Leader is reporting that they will take back the things that they said, should have been done in the same manner. That would be our expectation. In fact, if the Members of this House would have seen the CoG issuing a statement in the manner in which they issued the initial one, we would not be in this quagmire.

Lastly, I feel that we, as a leadership, must also respect this House. I have been a great supporter of the Majority Leader on this matter, but unfortunately, I was taken aback to hear that he went in a public engagement using the very same words against Members of this House that the CoG had used against us. That was a bit disappointing from my perspective, and I must let him know officially because these are not private matters. You cannot use the same accusations that the CoG was throwing at this House knowing the decision that we have taken, and then you go and use the same words against your colleagues in this House. As a leader of this House, I thought that you misspoke, and personally I feel like---

I feel that the Majority Leader owes us an apology, and that is why-- -

Order. After that, we will hear two lady Senators. Yes, Sen. Kinyua, the system is back.

Asante, Bw. Spika, kwa kunipa fursa hii. Kile ambacho kinafanya kuwe na huu mgogoro ni kwamba wakati tuliketi hapa kama Seneti, tulikubaliana. Lakini, baada ya Kiongozi wa Walio Wengi kuja hapa, amesema kwamba walikubaliana na magavana lakini sisi hatukuhisishwa. Shida kubwa ni sisi hatukuhusishwa. Angetuambia kwa sababu kuna vile huwa tunawasiliana katika Bunge hili. Kama angetuambia, hatungekuwa na shida lakini ni kama ana uongozi wa kiimla.

Amekuja hapa kutuambia kuwa tumsikize na akaendelea. Hiyo tutakataa leo, kesho, kesho kutwa, mtondo na mtondogo. Jambo mbaya ambalo alifanya ni kutotuhusisha. Amehusisha wenyekiti na akasema sisi wengine ni wafuasi. Sisi sio wafuasi, tumekataa. Ni mpaka atuambie ni nini waliongea na hao magavana na baada ya kuongea nao, wanafaa watoe taarifa kwa vyombo vya habari vile ambavyo walitoa zile taarifa. Wasitoe taarifa kwa Kiongozi wa Wengi tu katika ofisi yake. Hilo tutakataa. Tunahitaji taarifa---

You have made your point, Sen. Kinyua. Sen. Kavindu, please proceed.

Hon. Speaker, I thank you for giving us the opportunity to be heard. Just as my colleagues have said, we made a decision in Plenary here. The leaders are not leading themselves; they lead Members of the Senate.

One issue I took up with the Council of Governors (COG) is the manner in which they conveyed their information. They held a press conference, where they mentioned names of colleagues from this House and declared that they were not coming to the Committee. This gave the impression that either they or we, as the Senate, have a choice on whether to attend a committee sitting. However, you know we do not have that choice. It is on that basis that I put my prayers to you; that a communication be made to the members first before we move to the next step.

A number of our colleagues were also mentioned, especially the head of my delegation, Sen. M. Kajwang’. I remember his name being publicised by the same CoG. I would prefer that they hold another press conference to rescind those decisions made publicly. They should declare to the nation that they are now coming back to attend committee sittings.

Hon. Speaker, that is my prayer to you.

Sen. Ali Roba.

Mr. Speaker, Sir, thank you very much for giving me the opportunity to weigh in on this issue. I would like to acknowledge that there ought to have been consultation to brief the Senators on what transpired between the governors and the Senators.

I wish to inform the House, using the principle of utmost good faith, that 12 Senators sat with the governors on behalf of the Senate. Even though there are gaps, the Senate was supposed to be briefed on the outcome of what happened. I do not believe that this should have translated into us shouting at each other. The interest we represent is one and the same; the population of this republic.

I plead with my colleagues not to start suspecting each other. Whatever you think we should have spoken--- I was in that committee of the 12. The Deputy Speaker was also in that committee.

Sen. Kavindu, while you were talking, we listened. It is respectful that you also listen.

Hon. Speaker, there are 12 Members of this House that, through your wisdom, you selected to sit with the governors. The interest of the Senate was represented effectively. I know the point of concern is that we should have briefed the Senators on what transpired. As to the name-calling and other issues, it happened both ways. Maybe one group started, but we did not spare the governors either.

We have had discussions and concluded, in the interest of the Senate, that our primary responsibility is to represent the county governments as required. That is the mandate we are seeking to execute.

On behalf of the 12 of this Senate who sat with the governors, I sincerely apologise for not having briefed the House on the outcome. I plead with the Senate to understand that we represented you very well and in good faith.

Order, Hon. Senators. Sen. Kavindu, kindly take your seat.

Mr. Speaker, Sir, as I conclude, on behalf of the committee that represented the Senate, we extend our apologies for not having briefed you, Members. I plead with Members to ensure that we prosecute the agenda of representation.

Order, Senator for Nandi County. Sen. Fatuma Dullo, proceed.

Thank you, Mr. Speaker, Sir. Let me confirm to the House that I was not part of the 12 Senators who sat down with the governors. I sit in the Senate Business Committee (SBC) and this matter was thoroughly discussed at that level. Even if there were underlying issues, I am grateful to you and the House leadership for the position you have taken in safeguarding the unity and dignity of this House.

In the interest of the matter before us and acknowledging that it was also an oversight on the part of the leadership not to have briefed the House, we need votes. We need to pass this agenda for the unity of the House. May we break for five minutes without camera, so that we can clear the air?

I thank you.

Order! Sen. Kavindu. Senator for Meru County, you may proceed to conclude.

Order! Sen. Kavindu. Senator for Meru County, you may proceed to conclude.

I would like the Chairperson of the County Public Investments and Special Funds Committee to agree with Members, so that his committee can also get support when your issues are brought on the Floor of this House.

Mr. Speaker, Sir, I think it will cost us some few minutes to do that. Personally, I apologise to Members of this House because I was part of that team and that was an oversight.

An

Huo ni uoga.

An

Si uoga.

Order, hon. Senators. Sen. Mundigi, please, take your seat.

We can only move as a House. Senator for Nandi, how else do we move? Sen. Roba, before you move, allow me to communicate this.

Hon. Senators, under Standing Order No.122- “ (1) A Senator commits an act of gross disorderly conduct if the Senator–

Thank you so much, Mr. Speaker, Sir. I rise in line with Standing Order No.38 that touches on request for temporary suspension of a sitting for 10 minutes, for reasons that preceded this discussion, to allow a bit of consultation.

I request Sen. Edwin Sifuna to second.

The request has been put to the Nairobi City County Senator.

Mr. Speaker, Sir, it would have been better for the Senate Minority Leader to do it, but I second.

Senator for Nandi, the reason we are going to a kamukunji is to allow you to say exactly what you want to say now.

I thank you, Mr. Speaker, Sir.

I thank you, Mr. Speaker, Sir.

It should be quite clear that despite our misgivings about performance of county governments and the challenges therein; the issues that are raised on accountability, as a House, we shall continue to push for more resources. If it was not for the resolve of the Senate, I do not think we would be at Kshs420 billion today. Perhaps, we would be just barely on or at exactly 15 per cent of the last audited accounts. Given the progress that we are making, I see no reason why in the next two to three years – it is my prayer to God that many of us will still be in this House to see the day devolution actually clocks a trillion shillings, or even at least half a trillion for a start.

Mr. Deputy Speaker, Sir, we need to have a big celebration the day we finally pass a mediated version. I cannot imagine that there will be a day where we will get a proposal from the National Assembly with a Bill that begins at Kshs500 billion; there will always be this push and pull until we reach a point of understanding with our colleagues.

Mr. Deputy Speaker, Sir, be that as it may, I believe that it is important that we begin this process, so that Members speak to it, say what they want and once we are done with this, we can move on. Should Sen. Faki's Committee on Finance and Budget guide us appropriately, we will be up and ready for mediation.

Mr. Deputy Speaker, Sir, since this is a very straightforward Bill, I do not want to spend a lot of time, especially given the fact that we have lost quite some time in the events of the afternoon.

I beg to move that this Bill be now read a Second Time. I hereby request the Chairperson of the Senate Committee on Finance and Budget, Sen. (Capt.) Ali Roba, to second.

I thank you, Mr. Deputy Speaker, Sir.

It should be quite clear that despite our misgivings about performance of county governments and the challenges therein; the issues that are raised on accountability, as a House, we shall continue to push for more resources. If it was not for the resolve of the Senate, I do not think we would be at Kshs420 billion today. Perhaps, we would be just barely on or at exactly 15 per cent of the last audited accounts. Given the progress that we are making, I see no reason why in the next two to three years – it is my prayer to God that many of us will still be in this House to see the day devolution actually clocks a trillion shillings, or even at least half a trillion for a start.

Mr. Deputy Speaker, Sir, we need to have a big celebration the day we finally pass a mediated version. I cannot imagine that there will be a day where we will get a proposal from the National Assembly with a Bill that begins at Kshs500 billion; there will always be this push and pull until we reach a point of understanding with our colleagues.

Mr. Deputy Speaker, Sir, be that as it may, I believe that it is important that we begin this process, so that Members speak to it, say what they want and once we are done with this, we can move on. Should Sen. Faki's Committee on Finance and Budget guide us appropriately, we will be up and ready for mediation.

Mr. Deputy Speaker, Sir, since this is a very straightforward Bill, I do not want to spend a lot of time, especially given the fact that we have lost quite some time in the events of the afternoon.

I beg to move that this Bill be now read a Second Time. I hereby request the Chairperson of the Senate Committee on Finance and Budget, Sen. (Capt.) Ali Roba, to second.

I thank you, Mr. Deputy Speaker, Sir.

Chairperson, Standing Committee on Finance and Budget, you may proceed.

be transferred without delay or deduction to guarantee predictability of funds flow to the county governments.

The committee also included correction of an error in the Bill that was sent to us by the National Assembly, which included Kshs8.96 billion meant for health workers, in line with funds follow of function, that was erroneously included in Division of Revenue Bill, which actually only deals with vertical share of revenue and not horizontal share of revenue and within the report, the committee recommends that to be moved to the county additional allocation.

Mr. Deputy Speaker, Sir, I second.

be transferred without delay or deduction to guarantee predictability of funds flow to the county governments.

The committee also included correction of an error in the Bill that was sent to us by the National Assembly, which included Kshs8.96 billion meant for health workers, in line with funds follow of function, that was erroneously included in Division of Revenue Bill, which actually only deals with vertical share of revenue and not horizontal share of revenue and within the report, the committee recommends that to be moved to the county additional allocation.

Mr. Deputy Speaker, Sir, I second.

Sorry, Sen. Cherarkey, there is a point of order from Sen. Mohamed Faki.

Sorry, Sen. Cherarkey, there is a point of order from Sen. Mohamed Faki.

Mr. Deputy Speaker, Sir, we know Senator and former Governor Ibrahim Ali Roba, Captain and party leader of UDM, as a straightforward person. He has no responsibility as a member of the Council of Governors---

Sen. Cherarkey, when there is a point of order, you should resume your seat and give the Member an opportunity.

Is the Senator in order to insinuate that Sen. Ali Roba is part and parcel of the Council of Governors, yet he is an independent Senator?

I thank you.

Sen. Kinyua, you may proceed.

Mr. Speaker, Sir, I made that comment in jest, appreciating that the UDM Party Leader is a former Governor, and he has a lot of friends in the Council of Governors. That is what I meant. I did not make it in bad faith, unless he denies that fact.

Mr. Speaker, Sir, I made that comment in jest, appreciating that the UDM Party Leader is a former Governor, and he has a lot of friends in the Council of Governors. That is what I meant. I did not make it in bad faith, unless he denies that fact.

I can see, he does not take any offence so, please, proceed.

You can even feel, he is very excited and he is laughing broadly.

Okay, just a minute. Sen. Ali Roba, you may proceed.

Mr. Deputy Speaker, Sir, the way a statement is made clearly indicates whether it was made in good faith or otherwise. While I will gladly accept being associated with governors, having been a governor for the last 10 years, I would wish to really get hon. Sen. Cherarkey to explain what he said when he said that I am a branch Chair of the Council of Governors in the Senate.

I really want him to substantiate. Maybe he will convince me that that is a position I should hold, but I want him to really substantiate because that was not said in good faith.

Sen. Cherarkey, you either substantiate or withdraw and apologise unconditionally.

Mr. Deputy Speaker, Sir, I do not know why Sen. Ali Roba is very choosy today. When I appreciated that he's a party leader, he did not have a problem, but when I said he is the “branch chair,” I do not find offence, but I know several governors who have--- I made that statement in good faith. I did not mean to demean or bring disrepute to the distinguished Senator of Mandera County, who is my personal friend and has hosted me several times in Mandera. So, we wish him well.

Mr. Deputy Speaker, I support this Bill because it concerns counties. I want to say in the last financial year---

Sen. Cherarkey, why do you not withdraw the statement that he is a “branch chair,” even now that you have the privilege of the VIP podium? You know you are on the VIP podium, so you should be able to withdraw that remark.

and prudent use of resources. I wish the Senator for Isiolo County was here. An audit report tabled under Article 229 of the Constitution stated that the County Government of Isiolo allocated some amount to feed wild animals. Is that prudent use of resources? In our own opinion, it is not. The question is: How do you feed wild animals? How will you carry an audit on a lion to know the number of kilogrammes of meat that it was given or how will you know the number of kilogrammes of meat that the County Government of Isiolo bought?

I see the Senator for Vihiga County is too tired today. I suspect he had a lot of work to do over the weekend. In his County, Vihiga, the Governor allocated Kshs5 million for house warming of the Speaker’s house. That information was in the audit report of the Financial Year 2024/2025. Is that prudent use of resources? It is not. When you talk about oversight, you must talk about accountability and transparency.

In Nandi County, the Governor allocated Kshs41 million for car hire services in the Financial Year 2023/2024. Is that prudent use of resources when such an amount is allocated to car hire services over bursary, the pathetic roads that are in Nandi or the illegal sacking of 1,800 employees in Nandi County? I am happy the Chairperson of the Committee on County Public Investments and Special Funds is in the House. We, as the Senate, want to look at the accountability, transparency and the prudent use of resources.

It is critical that the Chairpersons of the County Public Accounts Committee and the Committee on County Public Investments and Special Funds ask if the money that is disbursed to Meru County is used prudently. The issue is not disbursement. We have to find out if the money is used legally, lawfully, effectively and prudently. Therefore, the Chairperson of the Committee on County Public Investments and Special Funds must note that.

Over the weekend, I saw the faction led by Sen. Osotsi release AI-generated photos of their political rallies in Vihiga and Kisumu. Those photos did not reflect the reality. I suspect that since Sen. Osotsi was busy doing on AI-generated photos, it might have affected---

and prudent use of resources. I wish the Senator for Isiolo County was here. An audit report tabled under Article 229 of the Constitution stated that the County Government of Isiolo allocated some amount to feed wild animals. Is that prudent use of resources? In our own opinion, it is not. The question is: How do you feed wild animals? How will you carry an audit on a lion to know the number of kilogrammes of meat that it was given or how will you know the number of kilogrammes of meat that the County Government of Isiolo bought?

I see the Senator for Vihiga County is too tired today. I suspect he had a lot of work to do over the weekend. In his County, Vihiga, the Governor allocated Kshs5 million for house warming of the Speaker’s house. That information was in the audit report of the Financial Year 2024/2025. Is that prudent use of resources? It is not. When you talk about oversight, you must talk about accountability and transparency.

In Nandi County, the Governor allocated Kshs41 million for car hire services in the Financial Year 2023/2024. Is that prudent use of resources when such an amount is allocated to car hire services over bursary, the pathetic roads that are in Nandi or the illegal sacking of 1,800 employees in Nandi County? I am happy the Chairperson of the Committee on County Public Investments and Special Funds is in the House. We, as the Senate, want to look at the accountability, transparency and the prudent use of resources.

It is critical that the Chairpersons of the County Public Accounts Committee and the Committee on County Public Investments and Special Funds ask if the money that is disbursed to Meru County is used prudently. The issue is not disbursement. We have to find out if the money is used legally, lawfully, effectively and prudently. Therefore, the Chairperson of the Committee on County Public Investments and Special Funds must note that.

Over the weekend, I saw the faction led by Sen. Osotsi release AI-generated photos of their political rallies in Vihiga and Kisumu. Those photos did not reflect the reality. I suspect that since Sen. Osotsi was busy doing on AI-generated photos, it might have affected---

Sen. Cherarkey, why is your contribution generating a lot of point of orders? Stop being diversionary.

Sen. Osotsi, you must stand on a point of order that is clear.

Sen. Cherarkey, familiarize yourself with Standing Order No.120 which talks of irrelevance. So, speak to this important Bill and stop diverting to other things.

Sen. Osotsi, you must stand on a point of order that is clear.

Sen. Cherarkey, familiarize yourself with Standing Order No.120 which talks of irrelevance. So, speak to this important Bill and stop diverting to other things.

Mr. Deputy Speaker, Sir, I did not divert. In fact, I was referring to him, through you, as the Chairperson of the Committee on County Public Investments and Special Funds. I said that even as we disburse the money, as a House, we must also ensure that there is prudent use of money, accountability and transparency. That is very important.

The fact that they produced AI-generated photos is not in question. I am surprised that he has mentioned Kisumu and my question is, why were the goons beating him up in Kisumu if the people of Kisumu love him? There is an increment of Kshs415 billion. Kenyan citizens in Mombasa County, where Sen. Crystal Asige comes, Kilifi County, where we will, God willing, hold Senate Mashinani in September, Meru County, where you are a respected Njuri Ncheke elder and even Nakuru County, must know that we are going to increase that money by a whopping Kshs5 billion. Kenyans should know that the Senate is doing its job. We are pushing for more resources.

The Bible says that to whoever much is given, much is expected. So, as we increase the money from Kshs415 billion to Kshs420 billion, we will demand a higher accountability, prudent use of resources, integrity and transparency. That is very important.

On Linda Ground and Linda Mashinani, whichever--- Which one?

Do you wish to be informed by Sen. Mandago?

He looks excited to inform me, I will not decline.

Thank you very much, Mr. Deputy Speaker, Sir. I just wanted to inform Sen. Cherarkey that the proposal of the Senate through the Committee on Finance and Budget is actually Kshs454 billion.

Sen. Cherarkey, I thought that you were aware of those figures by now.

The Senate can forestall or create a crisis under Article 110 of the Constitution. I hope the Chairperson of the Committee on Finance and Budget, Sen. Ali Roba, is listening to this. We need to bring an amendment to insist that the Senate’s position is that counties be given Kshs450 billion. That will be an additional Kshs35 billion from what we gave in the last financial year. You are aware that in the last financial year, we allocated counties Kshs415 billion. The Senate now moves and directs that we increase the allocation to counties from Kshs415 billion to Kshs450 billion, an addition of Kshs35 billion. The proposal of Kshs420 billion---

I always ask myself, “who takes care, babysits or protects devolution?” I thought the Senate should be doing that, but from the argument, it looks like the National Assembly is more concerned about money that is taken to counties, as opposed to the money that is given to national Government. National Assembly should be oversighting the national Government.

I saw a statement from Sen. Mwenda Gataya about Mathari National Teaching and Referral Hospital, here in Nairobi, where the services are poor. It is very unfortunate the hospital has those challenges. The question is; the National Assembly Committee on Health should tell us what is happening in Mathari. Some of the politicians in this country should be customers and clients of Mathari Mental Hospital because what they normally say over the weekends borders mental disturbances. They need to visit Mathari Mental Hospital.

Therefore, it should be on record that because of some of the comments you hear over the weekend in political rallies, the Mathari National Teaching and Referral Hospital for mental wellness and for treating mental diseases should be given necessary support. I am proposing that we create a VIP section of the Mathari Mental Hospital to accommodate some of these politicians who are inciting members of the public by making reckless statements, and making tribal and ethnic remarks.

Yesterday, at the court, you saw one of the petitioners' lawyers of the impeached Deputy President calling this Senate a House of goons. Are we goons? I was embarrassed that the Senator of Kiambu County was sitting next to the impeached Deputy President. He should have given him a serious blow to protect us. We are not goons.

The point I am trying to make is very simple, that, we do not want to use goonism to oversight the resources we allocate. We want to use a process of oversight as per the Constitution. Therefore, we need to ensure that allocation of resources, both at the national and county levels, is equal because we increase this amount based on the national interest and on Article 203, Article 10 and the functions.

Number three, while we appreciate we are increasing, you have to appreciate that we have the Kenyan National Library Services. There is a serious clawback and you have to appreciate this about the devolved functions like health. I do not see any reason why the national Government should have a huge budget on health. When you combine what is there for 47 counties, you find that it is not even a quarter or a third of the national budget. We have devolved healthcare all the way from dispensary, level two, level three, level four and level five hospitals.

You will appreciate that in the last session, we had passed a law that in every county, the national Government must construct national referral hospitals. We need Meru Level 5 Hospital to be a county referral hospital, managed and run by the national Government, so that we release pressure on the Kenyatta National Hospital, Mbagathi County Hospital and the Embu Level 5 Hospital.

Embu Level 5 Hospital should be a county referral hospital and resources should be sent there for it to function. I am talking about division of revenue at both levels of government.

(Technical hitch) I do not know what is wrong with our machines today. They have been letting us down. I do not know what is happening. We have complained about it.

Even Kapsabet County Referral Hospital should be handed over to the national Government so that we ease pressure on the Moi Teaching and Referral Hospital. The Kakamega County Referral Hospital should be completed and handed over so that we release tension on Moi Teaching and Referral Hospital. You are aware that the Moi Teaching and Referral Hospital is not doing very well. There are issues of bad governance, corruption and many other challenges, just like in Mathari Mental Hospital

I am saying this with a lot of tremendous respect. The National Assembly should know, and I am not discussing them because I am aware of the Standing Orders, that oversight does not mean stifling resources to counties. Just as a fair comment, they should know it is not that, in any way.

Mr. Deputy Speaker, Sir, another pregnant and important point that I wanted to make is on the issue of the small counties. I do not know whether Vihiga was one of them. We have Elgeyo Marakwet, Isiolo, Lamu, and a number of small counties that we did make allocation. We must look at them so that when my brother, Sen. Osotsi, becomes the governor, he has enough resources to run the county government.

On 1st May, we will have Labour Day Celebrations in Vihiga County. The disparities of economics that we see are very critical. This is very important in terms of the expenses that we are pushing. It has come to our attention--- I am seeing time is far spent but we are forgetting something. I want to challenge the Chairperson of the Committee on Finance and Budget--- I have seen the vice chair just walked in. We need also to be told the place of own-source revenue. This is because governors normally go and tell the people in the village that: “Pesa haijakuja kutoka Nairobi” yet they are not telling Kenyans that they collect own-source revenue.

There is what they call conditional allocation. I know we have passed the law. So, we must look at the allocation that we give counties; from equitable shareable revenue, additional allocation, conditional allocation, and own source revenue and any other kind of donation. I hope that the chairperson and the United Democratic Movement (UDM) party leader, Sen. Roba, will come with a report after the DORA Bill, to brief the House.

I have sat in the County Public Accounts Committee. I remember when he was the Governor, he used to appear before me. Our only concern - and it is the concern of all of us - is that all counties are missing the targets of their own-source revenue. For

example, under the CRA revenue potential, Nairobi is supposed to be collecting Kshs63 billion. However, they are collecting Kshs13 billion, and yet they celebrate. Machakos is supposed to be collecting more than Kshs7 billion but they are collecting less than Kshs4 billion. This also applies to Meru, Nandi, Vihiga, Embu and even Kirinyaga.

We must push governors. When we set a target of own-source revenue, they must achieve it. It cannot be that they over-rely. My prayer is that as we go into the future, counties will collect own-source revenue and they will not need equitable shareable revenue from Nairobi.

Another dangerous issue that we have noted is that of governors and the Facility Improvement Fund (FIF). I was shocked, for example, by the Governor of Homa Bay, when she appeared before us. She was happy that he had collected Kshs1.2 billion through own-source revenue. However, the Governor had collected only Kshs800 million from hospitals. Does that mean that when you collect more from hospitals, the disease burden becomes higher?

I call upon the Chairperson of the Committee on Finance and Budget to tell us when a county comes and over three quarter is from hospitals, should we celebrate as a country? No. It means the disease burden and dependency is very high.

Therefore, based on the own-source revenue and the fact that we passed Facility Improvement Act, that is very important. In the interest of my colleagues, I beg to support. I will bring an amendment to ensure that we get Kshs450 billion to our counties. I thank you.

example, under the CRA revenue potential, Nairobi is supposed to be collecting Kshs63 billion. However, they are collecting Kshs13 billion, and yet they celebrate. Machakos is supposed to be collecting more than Kshs7 billion but they are collecting less than Kshs4 billion. This also applies to Meru, Nandi, Vihiga, Embu and even Kirinyaga.

We must push governors. When we set a target of own-source revenue, they must achieve it. It cannot be that they over-rely. My prayer is that as we go into the future, counties will collect own-source revenue and they will not need equitable shareable revenue from Nairobi.

Another dangerous issue that we have noted is that of governors and the Facility Improvement Fund (FIF). I was shocked, for example, by the Governor of Homa Bay, when she appeared before us. She was happy that he had collected Kshs1.2 billion through own-source revenue. However, the Governor had collected only Kshs800 million from hospitals. Does that mean that when you collect more from hospitals, the disease burden becomes higher?

I call upon the Chairperson of the Committee on Finance and Budget to tell us when a county comes and over three quarter is from hospitals, should we celebrate as a country? No. It means the disease burden and dependency is very high.

Therefore, based on the own-source revenue and the fact that we passed Facility Improvement Act, that is very important. In the interest of my colleagues, I beg to support. I will bring an amendment to ensure that we get Kshs450 billion to our counties. I thank you.

Very well. Sen. Osotsi, please proceed.

Committee (CPIC), to process audit reports in line with Article 229 of the Constitution of Kenya 2010.

Article 229 of the Constitution of Kenya, 2010, requires that within three months after publication of the audit report, Parliament must debate, examine and take appropriate action. We have complied. However, has that translated into the computation of the Division of Revenue? The answer is no. The figures used here are from the latest approved audit report by the National Assembly, which is for the Financial Year 2022/2023. That is about three years behind.

The essence of Article 229, reinforced by court rulings, is strict adherence to Article 229. If the Senate has complied, yet we are proposing to share lower amounts because the National Assembly is not complying, then this Bill is unconstitutional. It relies only on figures from the Financial Year 2022/2023, which is not in line with Article 229.

The governors have resisted attending the two committee meetings. One thing they overlooked is that if they truly valued compliance, they should have gone to court to compel the National Assembly to adhere to Article 229 of the Constitution. That way, the division of revenue would be computed using the latest audited accounts.

In the next Division of Revenue Bill, which will be coming when we are almost campaigning, we must insist on compliance with Article 229. Otherwise, the court rulings on Article 229, if applied here, means this Division of Revenue Bill is unconstitutional.

The second issue requiring judicial notice is the 10-point agenda signed between the late party leader of the Orange Democratic Movement (ODM) party, Hon. Raila Odinga, and President William Ruto. They committed in writing that beginning with the 2024/2025 Financial Year, counties would receive Kshs450 billion. That did not happen in the Financial Year 2024/2025 nor in 2025/2026. Now, as we approach the last or second-last division of revenue before the election, we still have not complied with that commitment.

The President, while receiving the Zani Report at the Kenyatta International Convention Centre (KICC), promised that counties would receive the money indicated in the 10-point agenda yet this Division of Revenue Bill confirms otherwise because the figure is Kshs420 billion.

These are matters we keep raising. I wonder why you allowed Sen. Cherarkey to go scot-free when he accused the opposition of speaking things that are not factual. This is on paper. It is in the Division of Revenue Bill. The President promised that they were going to comply during the launch of that report yet the figure here is Kshs420 billion. This is the last or probably the second last Division of Revenue Bill before the election and still we have not complied.

Therefore, I urge Sen. Ali Roba and those who will sit in the Mediation Committee to insist on Kshs454 billion. They should sit down with Members of the National Assembly and tell them that, if for no other reason, they should value Hon. Raila Odinga, who was a champion of devolution in this country and give us Kshs454 billion. That figure would even surpass the Kshs450 billion that Hon. Raila Odinga had wanted counties to enjoy.

On that basis alone, if this Bill goes to the Mediation Committee and the National Assembly decides to give us only five billion more, raising it to Kshs425 billion, I am sure Hon. Raila would turn in his grave. This Government keeps making decisions that make him keep turning on his grave. This should be one of the few decisions made to make him happy in heaven where he is.

Finally, looking at the Bill, I note that the section on national interest programmes. I have read through and many projects in our counties that are devolved functions are not included. For example, construction of markets is a devolved function, yet the national Government, through Members of Parliament, is undertaking these projects without involving governors. I expected that that should have been considered as part of the national interest programmes in this Bill.

Similarly, stadium construction is devolved, yet stadiums are being built under military supervision, meaning we cannot even scrutinise expenditure. The national interest component in this Bill should have captured construction of stadia.

There are also projects in our counties and this is one issue that I expect the Committee on Finance and Budget and even the Auditor-General to take note of. We have roads that have been constructed by county governments especially those at the borders. You will find one county doing a road up to the boundary with the other county. However, since the other county does not have sufficient funds, they go to the national Government which allocates them money to finish the other component of the road. That is irregular and something has to be done. I hope the Auditor-General is going to take note of such commingling of funds in projects that are done by the national Government and those done by the counties.

I want to give you an example. There is a road in my county from Ikolomani in Kakamega County, all the way to a place called Chavakali through Eregi. During Hon. Oparanya’s time, they did 9 kilometres of that road using Kakamega County funds. A small portion of about 2.5 kilometres remained from a place called Lusiola to Chavakali Junction.

The other day, we saw the President going to launch it. He said he was launching an 11 kilometre road, factoring in the component of Kakamega and funds have been allocated. That is how funds are lost. We pushed for money to go to small counties such as Vihiga. They should have used additional funds that we gave them to complete that road and allow the President to do a fresh road. If you allow the national Government to do a portion of the road which was done by the other county, that is where corruption comes in. Therefore, that is one of the areas that the committee should look into.

Mr. Deputy Speaker, Sir, there is also the issue of Universal Health Coverage (UHC) component in this Division of Revenue Bill which is only focused on paying salaries to workers. As the Chairperson of the County Public Investments and Special Funds Committee, I know most hospitals are struggling. They are not compliant to the healthcare model in terms of the number of equipment, staff and specialists because they are underfunded. That should have been factored in this Bill.

We talk about the public debt which has been factored here. The other day you saw the International Monetary Fund (IMF) saying that the public debt in this country is not factual because there are so many other debts which have not been declared and they

asked them to go back and declare them. Looking at this, you get the impression that the figures here are not complete.

The public debt position of this country is worrying. You heard the Auditor- General saying the other day that she does not know the amount of our public debt because she was not given access to the information so that she knows the actual public debt position of this country.

Without that valid information, practically speaking, this Bill is unconstitutional. However, since we are not very thorough when it comes to handling some of these issues, we let them pass as they are. How I wish the Committee on Finance and Budget would dig deeper into this issue of public debt so that when we bring figures in the Division of Revenue Bill, we are in a position to question.

As we pass this Division of Revenue Bill, the element of accountability is also crucial. We should not be a House that just passes money to go to the counties without adequate accountability. There is a lot of stealing in our counties. Every year, our oversight committees give recommendations on what needs to be done, particularly investigation and prosecution of county officials involved in corruption.

We are being let down by the Ethics and Anti-Corruption Commission (EACC). One day we should invite the Director General of the EACC to appear before the Committee of the Whole to tell us what is happening at the EACC because if you are a governor, you can steal or do whatever you want. All you need is to say “two term” or be seen to be moving around with the President because that is how you survive.

That is why we told the President, the other day when we were passing the audit report, that if there is any governor with bad reports and as the President, he knows them, he should run away from them. You cannot be moving around with people who misappropriate public funds and all they need to do is to say they support you. That is not enough. Our people need to get value for money that is send to the counties.

I have looked at this Bill. I hope that the committee’s position of Kshs450 billion will be in the final figure that this House is going to approve. This time around, since this is practically my last Division of Revenue Bill because the other one will come next year when we will be about to go to elections, I may not be there to oversight it because I will have moved to other roles. However, this is the main one.

Mr. Deputy Speaker, Sir, I would like to be part of the mediation committee. I feel that we are not doing much at the mediation stage to get a higher figure. At least, Kshs450 billion would be practical because we still have so many functions which have not been transferred to the counties. That means money has not been transferred. We also have other functions which have been transferred but without the money.

If we had to transfer all the functions with the money, we would easily achieve a higher sharable revenue. However, we have a lower sharable revenue but we seem to be helpless as a Senate. If we have to fight, this is the only Division of Revenue Bill that will bring us back to this House or give us new roles. If we go for another addition of Kshs5 billion as usual to make it Kshs425 billion, we shall have failed the family of devolution. We need Kshs450 billion and above.

Mr. Deputy Speaker, Sir, the committee that is going to mediate with the National Assembly should take judicial notice of the fact that the father of devolution in this

country, one Raila Amolo Odinga, died crying for Kshs450 billion. You can do anything to the legacy of Raila Odinga, including destroying his party, but give him his price for devolution which is Kshs450 billion. In this case, we have said Kshs454 billion.

I support.

country, one Raila Amolo Odinga, died crying for Kshs450 billion. You can do anything to the legacy of Raila Odinga, including destroying his party, but give him his price for devolution which is Kshs450 billion. In this case, we have said Kshs454 billion.

I support.

Asante, Bw. Naibu Spika, kwa kunipa nafasi kuchangia mjadala kuhusu mambo ya bajeti za kaunti zetu. Nakumbuka vizuri mwaka jana tulikuwa na vita hapa kuhusu pesa zinazofaa kwenda katika kaunti zetu. Katika bajeti ijayo, tunaunga mkono kaunti zote 47 zipatiwe Shilingi 450 bilioni ili zishughulikie mahitaji ya wananchi.

Sisi kama Maseneta tunapigania ugatuzi. Tukiwa kule mashinani, huwa tunaona jinsi kaunti zinaendelea kwa sababu kuna mambo mengi sana. Kuna pending bills ambazo magavana hawajalipa. Vilevile, kuna wage bills. Katika kaunti zingine, kuna idara ambazo hazipati pesa.

Bw. Naibu Spika, pia, kwa kaunti, kuna Community Health Promoters (CHPs) ambao kutoka mwaka jana wamekuwa wakipata pesa kidogo. The national Government inawapa Kshs2,500 nayo county government inawapa Kshs2,500. Imekuwa ni shida sana kwa sababu kaunti zingine zimekuwa hazitoi hizo pesa. Kwa hivyo, CHPs wengi wamekuwa hawapati pesa hizo.

Bw. Naibu Spika, wafanyikazi wa kaunti wanaumia sana kwa sababu ya kuchelewa kwa mishahara. Vile vile, wanakosa pesa za kumudu familia zao kwa sababu mishahara yao iko chini. Kwa mfano, wiki mbili zilizopita, bei ya mafuta ilipanda. Kwa hivyo, ikiwa kaunti zingepata pesa nyingi na wafanyikazi waongezewe mishahara, tutakuwa tunaendelea kwa njia inayofaa.

Bw. Naibu Spika, tukiangazia mashinani, kuna majengo ya shule za chekechea ambayo imeharibika. Katika kaunti zingine, wanafunzi wanasomea chini ya miti. Kwa hivyo, kama magavana wangeweza kuongezewa pesa, watoto wa chekechea wangejengewa madarasa mazuri.

Vilevile, kama tunavyojua, katika famila nyingi wakati mwingine hakuna pesa za kununua chakula. Kwa hivyo, ikiwa magavana watapewa pesa, wataweza kusaidia shule ili inapofika saa saba, kabla ya watoto kurudi nyumbani, waweze kupata uji na chakula.

Tukiangazia masuala ya kilimo, mara kwa mara, tumeona magavana waking’ang’ana kununua fertilizer na mbegu kama wamechelewa. Huenda ikawa tukiwaongezea pesa za kutosha, watakuwa wanapanga bajeti mapema na mkulima atafaidika na mbegu na fertilizer ya kutosha. Wakipewa pesa za kutosha, magavana wengi wataweza kusaidia katika masuala ya kilimo. Kwa mfano, kila familia inaweza ikajengewa water pan na pia tangi za maji ili kushiriki katika kilimo cha blue economy. Kila boma inafaa kushiriki katika blue economy kupitia ufugaji wa samaki.

mambo ya afya yaendelee kwa njia inayofaa. Wakiongezewa pesa, kaunti zitatengeneza mabwawa ya kusaidia kilimo. Hii ni kwa sababu kaunti haziwezi kuendelea bila kilimo.

Naomba Maseneta watakaokuwa katika Kamati ya Upatanishi waweze kutuletea Shilingi bilioni Kshs450 ili uchumi wa kauti zetu uendelee kwa njia inayofaa. Kwa sasa haturudi nyuma, tunaelekea mbele.

mambo ya afya yaendelee kwa njia inayofaa. Wakiongezewa pesa, kaunti zitatengeneza mabwawa ya kusaidia kilimo. Hii ni kwa sababu kaunti haziwezi kuendelea bila kilimo.

Naomba Maseneta watakaokuwa katika Kamati ya Upatanishi waweze kutuletea Shilingi bilioni Kshs450 ili uchumi wa kauti zetu uendelee kwa njia inayofaa. Kwa sasa haturudi nyuma, tunaelekea mbele.

The Senator for Mombasa County, Sen. Mwinyihaji Faki, proceed.

We are all in Government because Parliament has two Chambers; the National Assembly and the Senate. This is an Arm of Government. So, somebody cannot come and tell us that the Government has no money. Who is the Government? They are not part of the Executive; they are part of Parliament, and Parliament has to speak in the best interest of the people.

Madam Temporary Speaker, before I finish, I want to mention two issues. Number one is about the own-source revenue. The own-source revenue is a critical component of the revenues that are coming to our counties. However, most of the counties have sort of neglected this very important aspect of revenue.

Most of them will always be shouting that the national Government has not sent them money and that is why they have not paid salaries. We have not received our revenue share, which is why we have not paid the contractors. We have not received money from the Government, that is why our hospitals do not have drugs.

Madam Temporary Speaker, this has to end. We know every county has proposals on revenue raising and these proposals have to be implemented so that counties become self-sufficient in terms of revenue collection.

Although most of the hospitals or health facilities in our counties have the FIF, most of this money is used by the executive to pay for other services. Most of the counties' facilities end up without medicines and without important equipment that can be used to diagnose and bring in more funds to the counties.

In conclusion, I wish to support this Bill, but we need to amend it so that we have a figure of Kshs454 billion, which we had proposed earlier in the budget policy statement.

The other amendment I wish to put forward is the fact that currently, the Bill, as drafted, says that any shortfall could be passed on to the counties. However, it does not say that in the event of a surplus, it would also be passed on to the counties. So, this particular provision needs to be deleted so that any shortfall will remain with the Government. It does not need to be passed on to the counties because once we pass this Bill, we have no opportunity to amend or bring it back and adjust appropriately.

Madam Temporary Speaker, I beg to support the Bill with the amendments. I thank you.

We are all in Government because Parliament has two Chambers; the National Assembly and the Senate. This is an Arm of Government. So, somebody cannot come and tell us that the Government has no money. Who is the Government? They are not part of the Executive; they are part of Parliament, and Parliament has to speak in the best interest of the people.

Madam Temporary Speaker, before I finish, I want to mention two issues. Number one is about the own-source revenue. The own-source revenue is a critical component of the revenues that are coming to our counties. However, most of the counties have sort of neglected this very important aspect of revenue.

Most of them will always be shouting that the national Government has not sent them money and that is why they have not paid salaries. We have not received our revenue share, which is why we have not paid the contractors. We have not received money from the Government, that is why our hospitals do not have drugs.

Madam Temporary Speaker, this has to end. We know every county has proposals on revenue raising and these proposals have to be implemented so that counties become self-sufficient in terms of revenue collection.

Although most of the hospitals or health facilities in our counties have the FIF, most of this money is used by the executive to pay for other services. Most of the counties' facilities end up without medicines and without important equipment that can be used to diagnose and bring in more funds to the counties.

In conclusion, I wish to support this Bill, but we need to amend it so that we have a figure of Kshs454 billion, which we had proposed earlier in the budget policy statement.

The other amendment I wish to put forward is the fact that currently, the Bill, as drafted, says that any shortfall could be passed on to the counties. However, it does not say that in the event of a surplus, it would also be passed on to the counties. So, this particular provision needs to be deleted so that any shortfall will remain with the Government. It does not need to be passed on to the counties because once we pass this Bill, we have no opportunity to amend or bring it back and adjust appropriately.

Madam Temporary Speaker, I beg to support the Bill with the amendments. I thank you.

Sen. (Dr.) Murango, you have the Floor.

kuwatosa wenzako ndemani.” Kuna wale huwa wanasema kwamba tuende njia hii lakini mwishowe wamekuwa wakija kwenye kamati na kuwajibika.

Ningewaomba wote, tunapowapatia pesa ama kukaa kama vile leo tumekaa mpaka saa kama hizi tukijadili, pia katika gatuzi zetu, waweze kuwajibika ili wananchi waweze kupata nasaa kwa pesa ambazo zimetoka kwa Serikali kuu.

Pesa zote ambazo zilikusanywa na Serikali kuu ni takribani trilioni Shilingi 3.9. Serikali kuu imepata mgao wa trilioni Shilingi 2.4. Sisi tunasema ya kwamba gatuzi zetu zipewe mgao wa Shilingi bilioni 454 peke yake. Fedha zaidi ambazo tunaitisha ni Shilingi bilioni 39 bilioni ilhali Serikali imeweza kukusanya Shilingi bilioni 330, kutokana na majukumu ya Serikali kuu na ile ya ugatuzi. Kwa hivyo, Shilingi bilioni 39 ambayo tunaitisha ni tone kwenye bahari. Hiyo ni fedha kidogo sana. Sioni haja ya mavutano kati yetu na Bunge la Kitaifa ambao wanasema magavana wapewe Shilingi bilioni 420. Tukikubaliana nao, ugatuzi wetu utapata nyongeza ya Shilingi bilioni 5 peke yake.

Kuna majukumu ya kulipa miongezeko ya mishahara ambayo ni ya lazima. Kwa hivyo, hiyo Shilingi bilioni 5 ambayo Bunge la Kitaifa inasema tupatie gatuzi zetu haita kimu. Hiyo ni kusema ya kwamba nyongeza ya mishahara ya wafanyikazi ambao wanafanya kazi katika kaunti zetu na ambayo ni ya lazima, haitatoshi. Kwa hivyo, tutawacha wafanyikazi waendelee kupata shida ilhali hiyo sio shida yao. Nyongeza tunayotetea ni kwa sababu ya mfumuko wa bei ambao unahisiwa kuwa asilimia tano. Wakati kuna mfumuko wa bei, ni vizuri tuhakikisha ya kwamba tunakinga gatuzi zetu na watu ambao wanafanyia kazi kaunti. Lazima tuhakikishe ya kwamba hao watu hawajateseka kwa sababu ya kupewa mgao duni wa pesa.

Ile pesa, Shilingi bilioni 454, tunasema gatuzi zetu zipewe kwa sababu zimekuwa katika taarifa ya sera na bajeti ambayo tulipitisha. Kwa hivyo, hakuna kitu tofauti ambacho tumeitisha. Ninawauliza wenzetu ambao wako katika Bunge la Kitaifa, ambao wanapata nyongeza katika pesa za National Government Constituencies Development Fund (NG-CDF), kuhakikisha ya kwamba wamekubaliana katika Kamati ya Upatanishi ndiposa gatuzi zetu zipewe pesa ambazo zinastahili. Tumejua ya kwamba ikulu pia imekuwa ikipata nyongeza ya pesa katika bajeti. Kwa hivyo, tuzipatie pia gatuzi zetu pesa za kutosha.

Nilisikia mwenzangu, Sen. Cherarkey, akisema ya kwamba itakuwa vizuri kama hizi fedha pia zitaenda kwa hospitali kama vile ile ya Mathari National Teaching and Referral Hospital. Hii ni kwa sababu kuna wanasiasa ambao wanafikiria wanafaa kwenda kupata huduma ya matibabu katika ile hospitali.

Mtu yeyote anaweza kuwa na akili pungwani ama kuwa na ugonjwa wa akili. Kijiko kinaishi siku zote kwa supu lakini hakijui ladha ya supu. Unaweza sema ya kwamba wengine ni wendawazimu na baadaye ukapata ya kwamba wewe ndio pungwani. Hii ni kwa sababu mgonjwa wa akili hajui kama yeye ni mgonjwa. Kwa hivyo, ni vizuri tujue ya kwamba kuna mifano ambayo haifai hata kama tunakashifu upinzani. Mifano kama hizo ni kama kejeli kwa wagonjwa ambao wamekuwa na matatizo tofauti ya kiakili. Kama unataka kutusi mtu, afadhali uchukue mfano mwingine.

Nimekuwa nikingoja gavana wangu aje ili ajibu maswali kuhusu maendeleo ya kujenga shule za chekechea. Gavana wangu hajakuja. Saa hizi tunatetea na nimekuwa mstari wa mbele pamoja na maseneta wengine kama Sen. Methu.

Sen. Methu alikuwepo wakati tulichukua hatua ya kusawazisha na kuhakikisha kuwa zile gatuzi ndogo kama Kirinyaga, Tharaka-Nithi, Embu, Nyandarua na zingine wanafaidika kutokana na mgao. Wakati zile fedha zitakapopatikana, ni vizuri magavana ambao wanahusika waweze kutumia zile fedha ambazo tunawapatia kwa njia inayofaa. Mtu akiitwa kuwajibika, asikose kuja kwa sababu tunapochukua hatua za mapendeleo kwa makusudi ili tuweze kuhakikisha kuna maendeleo katika hizo kaunti ndogo tunafanya hivyo kwa makusudi. Kwa hivyo, gavana anafaa kuja kwa makusudi.

Bi. Spika wa Muda, nikimalizia, ni vizuri niongee kuhusu jambo ambalo linahusu bajeti nzima kwa ujumla. Mimi ni mmojawapo wa Maseneta ambao wanakaa katika Kamati ya Elimu katika Bunge la Seneti tukiwa na wewe. Kwa hivyo, hata wewe utaelewa kile nitakachosema siku ya leo. Ukiangalia, utaona walimu wakilalamika.

Nimekuwa nikingoja gavana wangu aje ili ajibu maswali kuhusu maendeleo ya kujenga shule za chekechea. Gavana wangu hajakuja. Saa hizi tunatetea na nimekuwa mstari wa mbele pamoja na maseneta wengine kama Sen. Methu.

Sen. Methu alikuwepo wakati tulichukua hatua ya kusawazisha na kuhakikisha kuwa zile gatuzi ndogo kama Kirinyaga, Tharaka-Nithi, Embu, Nyandarua na zingine wanafaidika kutokana na mgao. Wakati zile fedha zitakapopatikana, ni vizuri magavana ambao wanahusika waweze kutumia zile fedha ambazo tunawapatia kwa njia inayofaa. Mtu akiitwa kuwajibika, asikose kuja kwa sababu tunapochukua hatua za mapendeleo kwa makusudi ili tuweze kuhakikisha kuna maendeleo katika hizo kaunti ndogo tunafanya hivyo kwa makusudi. Kwa hivyo, gavana anafaa kuja kwa makusudi.

Bi. Spika wa Muda, nikimalizia, ni vizuri niongee kuhusu jambo ambalo linahusu bajeti nzima kwa ujumla. Mimi ni mmojawapo wa Maseneta ambao wanakaa katika Kamati ya Elimu katika Bunge la Seneti tukiwa na wewe. Kwa hivyo, hata wewe utaelewa kile nitakachosema siku ya leo. Ukiangalia, utaona walimu wakilalamika.

Sen. Karen Nyamu, please, do not speak on phone in the House. You are disrupting. Proceed, Sen. Murang’o.

Nilikuwa nasema nataka kuchangia katika bajeti nzima ambayo itapitishwa katika Bunge la Taifa na pia itakuja katika Bunge la Seneti, ili tuchangia ugatuzi. Tumekuwa na malalamishi katika Kamati ya Elimu kutoka kwa walimu ambao wanafunza watoto katika shule zetu.

Order, Sen. Nyamu. Can Sen. Nyamu come back?

Walimu wamekuwa wakilalamika kuhusu kupunguzwa kwa ada za malipo ya SHA wanapoenda hospitalini kutafuta matibabu. Pesa zimepunguzwa kutoka zilizokuwa hapo mbeleni mpaka Shilingi1,200. Hiyo ni kusema mwalimu anapoenda hospitali kutibiwa, akiingia hospitali, fedha ambazo anaweza kutumia katika mfumo mpya wa SHA ni Shilingi 1,200 pekee yake.

Katika hospitali nyingi, kumwona daktari pekee inagarimu zaidi ya Shilingi 1,000. Ni kusema mwalimu anabakia tu na Shilingi 200.

Nilikuwa nasema kwamba, katika mfumo mpya wa SHA, walimu wameanza kuteseka kwa sababu fedha wamegawiwa ni kidogo sana kukimu mahitaji yao ya matibabu; sana sana wagonjwa wa nje. Shilingi1000 inatumika kumwona daktari, Shilingi 200 inafaa kulipia madawa, na kama utahitaji pia kupigwa picha, hiyo haitoshi.

Kwa hivyo, Bunge la Taifa, wakati inapopitisha makadirio, ni vizuri liangalie ni vipi wataweza kuhakikisha kuwa walimu wetu hawateseki. Pia kuna fedha ambazo huenda katika shule zetu, ambazo zimechelewa ingawa shule zimefunguliwa. Hiyo ni kusema walimu watawafunza watoto bila vifaa muhimu. Hivyo sio vizuri kwa sababu hayo ni mateso kwa watoto ambao hayafai.

Katika bajeti ambayo tunaongelea, kwa sababu pia itapita, walimu waliosahihisha mitihani miezi tano iliyopita, mpaka leo, hawajalipwa marupurupu yao; kinyume na vile imekuwa. Kwa hivyo, wameendelea kutaabika na bado wakiongea, sauti yao haifiki mahali.

Kuhusu mambo ya walimu, korti iliamuru kwamba walimu waliohitimu mafunzo, waajiriwe kazi ya ualimu katika Serikali. Wale waalimu wanaoendelea kukaa katika shule zetu wameendelea kukaa katika hali ya sintofahamu. Hawajui kama wataajiriwa au la hadi siku ya leo. Wale wanafaa kuajiriwa kwa kazi ya kudumu, kulingana na korti, na wapate marupurupu ya uzeeni.

Naomba wenzangu katika Bunge la Taifa, kwani jukumu hilo ni lao, kwamba, wanapofanya makadirio ya kupitisha bajeti, waangalie mwalimu wa kawaida na matatizo yao. Nawasihi kwa heshima na taadhima kwamba tusipoangalia walimu, tutakuwa tunacheza na maisha ya watoto wetu.

Wanapokatakata pesa kutoka taasisi na nyenzo tofauti za kiserikali, ni vizuri wahakikishe kwamba walimu wamepata mfumo mzuri wa afya na wale walioenda kusahihisha mitihani wamelipwa marupurupu yao. Pia wahakikishe wale wamehitimu mafunzo, 48,000, wamepewa kazi ya kudumu na yenye marupurupu ya uzeeni. Walimu wanapokatwa pesa za ujenzi wa nyumba, wahakikishe wanafurahia huduma hiyo kwani walimu wengi wanahamishwa kutoka sehemu moja hadi nyingine.

Kuhusu mambo ya ukulima, magavana wengi hawajatilia mkazo mambo ya kilimo. Maafisa wengi wa ukulima hawana vifaa vya usafiri. Kwa mfano, katika Kaunti ya Kirinyaga, haina maabara ya kukagua udongo. Kwa hivyo, magonjwa mengi yanayosababishwa na udongo yanatesa wakulima wengi. Vyama vya ushirika vinafaa kupewa maafisa wa kuwaelimisha wakulima.

Barabara inayoelekea mahali panapokuzwa mchele kule Mwea imegeuka kuwa na madimbwi. Tulikuwa tukipita lakini hivi sasa tunaogelea. Ni vizuri iangaliwe. Pia bei ya mpunga imeshuka kutoka Shilingi 85 hadi Shilingi 60. Serikali ilipeana ahadi kwamba ingenunua mchele huo lakini ikaamua kuleta mchele kutoka nje, ambao sasa umeharibu soko. Saa hizi tuna takribani kilo milioni mbili za mchele ambazo zimekwama pale Mwea. Bei ya ununuzi ya mchele imeenda chini hadi hatuwezi kukimu gharama ya kukuza mchele ule.

Asante sana, Bi. Spika wa Muda.

Nilikuwa nasema kwamba, katika mfumo mpya wa SHA, walimu wameanza kuteseka kwa sababu fedha wamegawiwa ni kidogo sana kukimu mahitaji yao ya matibabu; sana sana wagonjwa wa nje. Shilingi1000 inatumika kumwona daktari, Shilingi 200 inafaa kulipia madawa, na kama utahitaji pia kupigwa picha, hiyo haitoshi.

Kwa hivyo, Bunge la Taifa, wakati inapopitisha makadirio, ni vizuri liangalie ni vipi wataweza kuhakikisha kuwa walimu wetu hawateseki. Pia kuna fedha ambazo huenda katika shule zetu, ambazo zimechelewa ingawa shule zimefunguliwa. Hiyo ni kusema walimu watawafunza watoto bila vifaa muhimu. Hivyo sio vizuri kwa sababu hayo ni mateso kwa watoto ambao hayafai.

Katika bajeti ambayo tunaongelea, kwa sababu pia itapita, walimu waliosahihisha mitihani miezi tano iliyopita, mpaka leo, hawajalipwa marupurupu yao; kinyume na vile imekuwa. Kwa hivyo, wameendelea kutaabika na bado wakiongea, sauti yao haifiki mahali.

Kuhusu mambo ya walimu, korti iliamuru kwamba walimu waliohitimu mafunzo, waajiriwe kazi ya ualimu katika Serikali. Wale waalimu wanaoendelea kukaa katika shule zetu wameendelea kukaa katika hali ya sintofahamu. Hawajui kama wataajiriwa au la hadi siku ya leo. Wale wanafaa kuajiriwa kwa kazi ya kudumu, kulingana na korti, na wapate marupurupu ya uzeeni.

Naomba wenzangu katika Bunge la Taifa, kwani jukumu hilo ni lao, kwamba, wanapofanya makadirio ya kupitisha bajeti, waangalie mwalimu wa kawaida na matatizo yao. Nawasihi kwa heshima na taadhima kwamba tusipoangalia walimu, tutakuwa tunacheza na maisha ya watoto wetu.

Wanapokatakata pesa kutoka taasisi na nyenzo tofauti za kiserikali, ni vizuri wahakikishe kwamba walimu wamepata mfumo mzuri wa afya na wale walioenda kusahihisha mitihani wamelipwa marupurupu yao. Pia wahakikishe wale wamehitimu mafunzo, 48,000, wamepewa kazi ya kudumu na yenye marupurupu ya uzeeni. Walimu wanapokatwa pesa za ujenzi wa nyumba, wahakikishe wanafurahia huduma hiyo kwani walimu wengi wanahamishwa kutoka sehemu moja hadi nyingine.

Kuhusu mambo ya ukulima, magavana wengi hawajatilia mkazo mambo ya kilimo. Maafisa wengi wa ukulima hawana vifaa vya usafiri. Kwa mfano, katika Kaunti ya Kirinyaga, haina maabara ya kukagua udongo. Kwa hivyo, magonjwa mengi yanayosababishwa na udongo yanatesa wakulima wengi. Vyama vya ushirika vinafaa kupewa maafisa wa kuwaelimisha wakulima.

Barabara inayoelekea mahali panapokuzwa mchele kule Mwea imegeuka kuwa na madimbwi. Tulikuwa tukipita lakini hivi sasa tunaogelea. Ni vizuri iangaliwe. Pia bei ya mpunga imeshuka kutoka Shilingi 85 hadi Shilingi 60. Serikali ilipeana ahadi kwamba ingenunua mchele huo lakini ikaamua kuleta mchele kutoka nje, ambao sasa umeharibu soko. Saa hizi tuna takribani kilo milioni mbili za mchele ambazo zimekwama pale Mwea. Bei ya ununuzi ya mchele imeenda chini hadi hatuwezi kukimu gharama ya kukuza mchele ule.

Asante sana, Bi. Spika wa Muda.

Thank you, Madam Temporary Speaker, for giving me the opportunity to contribute to the Division of Revenue Bill, 2026. The Constitution is very clear that we have a national Government and 47 county governments. These governments coexist, are distinct and must run their operations according to the Constitution of Kenya, 2010.

Kenyans made their decision and spoke very clearly at the onset of devolution. They were passionate and identified key functions they wanted devolved. County governments are closer to the people; they engage with citizens daily at the county level and often visit them at the ward level. Kenyans envisioned leaders they could interact with at the village level.

There are sectors that mean so much to our people. That does not mean that others do not mean so much. Look at the choice of health, water and agriculture. The people of Kenya decided that these functions be taken over by the county governments because they are closer to them.

Madam Temporary Speaker, I am bringing this argument because even at the time when these functions were being allocated and unbundled from the counties--- I talked to you knowing that you are a name in the devolution space. You know that even as these functions were unbundled to the county governments initially, and even after that, the issue of costing remained a thorny one. That is why I will go straight to the figures that have been proposed here.

I want to state, from the outset, that I will go by the figure that was proposed by the Commission on Revenue Allocation (CRA) which is Kshs458.9 billion. The CRA is an independent commission that has a constitutional mandate over revenue in this country. Why should we assume figures that they come up with?

At the onset of devolution, Kenyans precisely decided on certain commissions because they knew that they needed a body to independently decide between the two levels of government but the functions were never costed. If I am wrong, I need that evidence tabled in the Senate. Where is the costing that was done?

We keep on giving resources to sectors arbitrarily. That is why when you reflect back in the counties, the health sector continues to struggle. As women, we are tired of hearing stories of health centres and hospitals having no drugs. You go and find medics and mostly our people at the lower levels---

Levels 2, 3 and 4 hospitals are the ones that are frequented by our ordinary people in the villages. It means that they have confidence such that a mother can carry a baby and walk to a hospital knowing that there is a government they elected, either county or the national Government. If they are unwell, they go to hospital because they need services.

Services should never be limited to seeing a doctor only. A doctor makes a diagnosis and writes down what should help you as a patient. A Kenyan should walk into a hospital and seek consultancy with a medic, go to the laboratory for testing, walk back to the doctor, get a prescription and go to the pharmacy and get all the medicines that have been prescribed.

While in the villages, we are often confronted by extremely pathetic cases of patients who walk into hospitals but after that, they are told that there are no drugs. Therefore, they are given a sheet and told to walk to the nearest chemist.

That is not the dream Kenyans had when devolution came. That is why I am saying that I will not support the fact that counties should be given Kshs420 billion. We want a maximum of what can be given. The CRA proposed Kshs458 billion. Health is devolved and we want adequate funding given to it.

Madam Temporary Speaker, in regards to water, all of us here know how useful water is. Water is basic to humanity. We want our villages to have water. We want to see women accessing water as close as possible to their homes. This can only be done when funds are available. I am emphasising this because these are the dreams our people had when they decided that these sectors had to go down to the leadership that was closer to them.

Madam Temporary Speaker, Kenyans had made a comparison from the past and they did not want to struggle reaching out a leader who was centralised somewhere. So, we decided that health, water, agriculture... We all know the complexities and challenges that the agriculture as a sector has.

Madam Temporary Speaker, a long time ago when we were growing up, I am not sure whether you also grew up in the village, but I did, I remember my grandfather being a cotton and maize farmer. He tried all the cash crops that were introduced. However, there was something that we admired. That, there were extension officers that we knew would come on particular days, riding their motorcycles. At that point they were no many motorcycles as we see around today. So, each time when we were at home helping our grandfather with picking of cotton, we would hear a boda boda coming and it was only one. We then knew that an agricultural officer was coming. They were so disciplined and time conscious. They would check on the farms when the farmers were starting to plough, as weeding was going place, harvesting was happening, and they would check even and supervise on the separation of the output, the cotton.

Madam Temporary Speaker, I loved it because the farmers had access to advisory services. Sadly, that is not what we see today. Our farmers are on their own. They have nobody just going to them to advise on emerging issues like weeds that are on their farms. The farmers now are their own consultants. They depend on each other, on what a farmer says against another. In my village, we are sugar cane farmers in Ndhiwa. We still do subsistence farming on beans and maize. However, there is very little our farmers get in terms of support from the government because those extension officers are not there. In agriculture, we have veterinary. That is even worse.

In the past, our farmers had veterinary officers in what we used to call district headquarters, currently called sub-county headquarters. We hardly see those veterinary officers. If they are there, they are few compared to the populations that they should be serving.

Our farmers now are reduced to going to veterinary shops at the town centres to seek for veterinary services. In those veterinary shops, we are never sure of even the skills of the people that are running those shops. The government and our people decided that these services of veterinary should come to the county. We should never have

devolved functions to the county headquarters, just to re-centralise them again to the county headquarters. Our people want services to the sub-counties, wards and village levels.

Madam Temporary Speaker, there are also devolved functions like county roads. If I give you an example, I was at home over the weekend in my sub-county in Ndhiwa. The roads are in a pathetic situation that have been made worse by the rains. I am just making a case for the kind of money we need to see go into the counties for these functions that are devolved which I have specified including lands. The planning, survey, urbanisation and urban services are devolved. Those are services that require money. That is why I do not support the Kshs420 billion that has been specified here. We will be going for the Commission of Revenue Allocation (CRA) figures that are Kshs458 billion.

Let us remind ourselves that some few months, the father of devolution, my late party leader, one Baba Raila Amollo Odinga, was in this House. He moved on to the next life. Hopefully, we will all meet there. He made a pronouncement of Kshs450 billion. I remember even at a formal sitting, he made that.

I do not say this for nothing. I say this because formally at those meetings, the leadership of both Houses made commitments of Kshs450 billion. I would like to urge the two Houses to live by those pronouncements. If we cannot go for the CRA figures, let us not go below Kshs450 billion that we have all dreamt of having.

Lastly, because I know my colleague and son, Sen. Methu, is here and wants to spew some wisdom from Nyandarua and from the republic, I want to step back. As the Senate debates the Division of Revenue Bill and as we work as per the constitutional responsibility we have, to get these monies to the counties, the governors should never assume that the Senate has no role over these funds after their disbursement.

As we debate and ensure that counties get their money, the issue of accountability and transparency is not optional. Let the CoGs and the governors know that even appearances in Committees and in the Senate is not a choice, it is constitutionally spelled out. As servants of the people of this Republic, both the Senate and the governors have a duty to account to the people of Kenya, which we do in our Committees.

Somebody told me that what you say you already know but what you listen to is new. So, I step back to listen to the next Senator.

devolved functions to the county headquarters, just to re-centralise them again to the county headquarters. Our people want services to the sub-counties, wards and village levels.

Madam Temporary Speaker, there are also devolved functions like county roads. If I give you an example, I was at home over the weekend in my sub-county in Ndhiwa. The roads are in a pathetic situation that have been made worse by the rains. I am just making a case for the kind of money we need to see go into the counties for these functions that are devolved which I have specified including lands. The planning, survey, urbanisation and urban services are devolved. Those are services that require money. That is why I do not support the Kshs420 billion that has been specified here. We will be going for the Commission of Revenue Allocation (CRA) figures that are Kshs458 billion.

Let us remind ourselves that some few months, the father of devolution, my late party leader, one Baba Raila Amollo Odinga, was in this House. He moved on to the next life. Hopefully, we will all meet there. He made a pronouncement of Kshs450 billion. I remember even at a formal sitting, he made that.

I do not say this for nothing. I say this because formally at those meetings, the leadership of both Houses made commitments of Kshs450 billion. I would like to urge the two Houses to live by those pronouncements. If we cannot go for the CRA figures, let us not go below Kshs450 billion that we have all dreamt of having.

Lastly, because I know my colleague and son, Sen. Methu, is here and wants to spew some wisdom from Nyandarua and from the republic, I want to step back. As the Senate debates the Division of Revenue Bill and as we work as per the constitutional responsibility we have, to get these monies to the counties, the governors should never assume that the Senate has no role over these funds after their disbursement.

As we debate and ensure that counties get their money, the issue of accountability and transparency is not optional. Let the CoGs and the governors know that even appearances in Committees and in the Senate is not a choice, it is constitutionally spelled out. As servants of the people of this Republic, both the Senate and the governors have a duty to account to the people of Kenya, which we do in our Committees.

Somebody told me that what you say you already know but what you listen to is new. So, I step back to listen to the next Senator.

not account for it, said that he went and hid it somewhere, was punished severely. Therefore, the governors cannot keep saying that they want so much money pushed down to the counties and yet, they do not want to appear before the Senate to account. They say that what they have is not enough, why can they not account for what they have so that they can get some more?

Madam Temporary Speaker, the provisions of the law for officers who operate imprests are that, you only get your imprest replenished when you have accounted for what you got earlier. I am very happy with the work done by our Committee on Finance and Budget. Based on the comments made by my colleague Senators, regardless of the provocation from the governors- those who speak very badly about this House-we have not lost sight of what we want.

If you look at the functions of what the Constitution in Schedule Four expects be done by our devolved units, these are issues that really touch on the person at the lowest level of the pyramid. They include issues to do with water, provision of health services, agriculture, livestock and trade. The very basic requirements of human dignity are provided for by the Constitution as functions that are to be undertaken by county governments. That is why as a Senate, we shall always continue to fight from the same direction to push for more money. That is why, I really support this proposal by the Committee on Finance and Budget, that we are meant to have Kshs454 billion send to the county governments; it is a significant growth. It is not out of nothing, that is the reason why the Constitution in the provisions of Article 203 was very specific of how much should go to counties. Counties are not at the mercies of the National Government. I have seen the submissions made by the National Treasury; they wanted it to look like what is shared between counties and the National Government is what remains after the National Government takes care of its obligation.

One of the reasons they are giving for increasing the revenue to the counties with about just Kshs5 billion is that, they are servicing the national debt. What role does counties have in borrowing? Do counties participate in borrowing? These are two levels of government of equal nature. It is not what remains after the national Government takes care of its obligation because anyway, when you borrow this money, you do not involve counties in the programs and projects that you are undertaking. It is upon you, the people at the national Government to know how you will pay this debt, it has nothing to do with the counties.

Madam Temporary Speaker, what we need to look at is how our national revenue has grown within this financial year. I have seen that the projected growth of the ordinary revenue will move from Kshs2.64 trillion in the Financial Year 2026/2027 to Kshs2.9 trillion; that is about Kshs261 billion growth. It cannot be that we are growing our ordinary revenue with Kshs261 billion but only want to send Kshs5 billion of the Kshs261 billion to the counties. We must, vehemently use every energy and every avenue that we have, to ensure that we try to correct these wrongs.

Madam Temporary Speaker, by the way, a centre of power that was not envisioned in the Constitution of Kenya, 2010, was created. The National Treasury has become such a critical office; such a huge office, such a big office that now looks like it is the one that is determining how much money goes to the counties. It is not the National

Treasury that determines how much goes to the county governments. What goes to the county governments is what has been provided for in the Constitution, in Article 203.

Number two, I would want the National Assembly to walk with us. Sometimes we are growing revenues that are not necessary, in my opinion. How come, for four years that this regime has been in power, for example, the money that goes to big offices like the State House, has grown so exponentially, but the money that is supposed to buy drugs---

You saw the Cabinet Secretary speak here. They are saying that the Social Health Authority (SHA) does not provide drugs. That is actually true, but how comes that we do not send enough money to enable our governors to buy enough drugs so that our people can actually celebrate as much as those who are in the State House are celebrating because their budgets have grown.

There is nothing that the person from Vihiga County, or Kisumu County, will get from the Government because not all of us can feed our people by going to State House and getting Kshs3,000, or Kshs10,000 that is given there. We only want services to be taken to our people.

Finally, because I see my time is really gone, when we started, if you even look at the national addresses that were made by the President in his first year and second year, you will notice that he was talking with a lot of pride while speaking, saying that his would be the first administration that would ensure that they send enough money to counties on time.

I wonder whether he will say that again when he comes at the end of this year. If you look at the money in the first half of Financial Year 2025/2026, or Financial Year 2026/2027, the first half, Kshs50 billion--- I had it in my notes.

2022, and yet we are paying them the same salary. This benefit review must be implemented.

Finally, there is this group that we have spoken about it since I joined this Parliament. I am now an old Member of this House; I hear that by the last half of this year, I will have been here for four years. We must ensure that our Universal Health Coverage (UHC) workers are now permanently absorbed. We cannot keep speaking about Kshs8.9 billion. Their contracts are expiring in April and September of 2026. It cannot be that you speak about this thing now and then it is not implemented. This issue must be implemented once and for all before we get to campaigns. I know when we get to campaigns, people will be buying paraffin to ride motorcycles and we do not want to get- --

2022, and yet we are paying them the same salary. This benefit review must be implemented.

Finally, there is this group that we have spoken about it since I joined this Parliament. I am now an old Member of this House; I hear that by the last half of this year, I will have been here for four years. We must ensure that our Universal Health Coverage (UHC) workers are now permanently absorbed. We cannot keep speaking about Kshs8.9 billion. Their contracts are expiring in April and September of 2026. It cannot be that you speak about this thing now and then it is not implemented. This issue must be implemented once and for all before we get to campaigns. I know when we get to campaigns, people will be buying paraffin to ride motorcycles and we do not want to get- --

Honorouble Senators, it is now 6:30

Honorouble Senators, it is now 6:30