Tuesday, 29th October, 2024

Clerk, do we have quorum?

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

I am informed we do have quorum now. Serjeant-at-Arms, you may stop the Bell. Clerk, proceed to call the first Order.

Thank you, Mr. Speaker, Sir. On behalf of the House, I do join you to welcome this visiting delegation from the Institute of Economic Affairs.

I have noted in the past that this is one of the institutions that continue to regularly send their critiques and analysis of Bills that are before this House, especially on economic matters. When I served in the Committee on Finance and Budget, I used to look forward to the analysis of the Division of Revenue Act (DORA,) County Allocation of Revenue Act (CARA) and so many other Bills, especially during the Annual Budget review process.

Mr. Speaker, Sir, I want to urge them to continue doing that good job on behalf of Kenya, because the country is better because of the contribution of institutions such as them. I wish them well as they undertake their study here in the Senate.

I thank you.

Hon. Senators, as you may recall, at the morning sitting of the Senate, held on Wednesday, 18th September, 2024, I directed Sen. Peris Tobiko, MP, to substantiate utterances made in the course of her contribution on a supplementary question to the Cabinet Secretary for Roads and Transport.

The direction was as a result of a point of order by the Senator for Uasin Gishu County, Sen. Jackson Mandago, MP, pursuant to Standing Order No.105.

In the point of order, Sen. Jackson Mandago stated as follows: “Sen. Tobiko has just mentioned the State House Comptroller. Is it in order for her to make that allegation, unless she substantiates and brings evidence to this House?” A reading of the HANSARD indicates that the statement which requires substantiation by Sen. Peris Tobiko, MP, was as follows:

“A rogue public servant has gone on record publicly to say that this road will never be constructed as long as the current Member of Parliament for Kajiado South, hon. Parashina, is the MP. These utterances were made by the State House Comptroller.” Hon. Senators, Standing Order No.105 (1) , states as follows: “A Senator shall be responsible for the accuracy of any facts that the Senator alleges to be true and may be required to substantiate any such facts instantly.” Further, Standing Order No.105 (2) states as follows:

“If a Senator has sufficient reason to convince the Speaker that the Senator is unable to substantiate the allegations instantly, the Speaker shall require that such Senator substantiates the allegations not later than the next sitting day, failure to which the Senator shall be deemed to be disorderly within the meaning of Standing Order No.121 unless the Senator withdraws the allegations and gives a suitable apology.” Hon. Senators, at the sitting of the Senate held on 18th September, 2024, Sen. Peris Tobiko, MP, was not able to substantiate her statement as required under Standing Order No.105 (1).

Sen. Tobiko subsequently requested the Speaker to provide the evidence at the next sitting day in accordance with Standing Order No.105 (2).

Hon. Senators will recall that at the sitting held on Thursday, 19th September, 2024, I invited Sen. Peris Tobiko, MP, to table the evidence in support of her claims made on Wednesday, 18th September, 2024.

Thereupon, Sen. Tobiko proceeded to table a document titled “Katoo Anguruma” and a flash disk drive containing a recording, as evidence to substantiate her claims. I subsequently undertook to review the evidence and to give a ruling on the matter, as it was not practical to make a determination then.

As you may recall, in my Communication to the Senate made on Thursday,16th November, 2023, I indicated that any document or evidence tabled by a Senator in the Senate as evidence for substantiation of any allegations made under Standing Order No.105-

“If a Senator has sufficient reason to convince the Speaker that the Senator is unable to substantiate the allegations instantly, the Speaker shall require that such Senator substantiates the allegations not later than the next sitting day, failure to which the Senator shall be deemed to be disorderly within the meaning of Standing Order No.121 unless the Senator withdraws the allegations and gives a suitable apology.” Hon. Senators, at the sitting of the Senate held on 18th September, 2024, Sen. Peris Tobiko, MP, was not able to substantiate her statement as required under Standing Order No.105 (1).

Sen. Tobiko subsequently requested the Speaker to provide the evidence at the next sitting day in accordance with Standing Order No.105 (2).

Hon. Senators will recall that at the sitting held on Thursday, 19th September, 2024, I invited Sen. Peris Tobiko, MP, to table the evidence in support of her claims made on Wednesday, 18th September, 2024.

Thereupon, Sen. Tobiko proceeded to table a document titled “Katoo Anguruma” and a flash disk drive containing a recording, as evidence to substantiate her claims. I subsequently undertook to review the evidence and to give a ruling on the matter, as it was not practical to make a determination then.

As you may recall, in my Communication to the Senate made on Thursday,16th November, 2023, I indicated that any document or evidence tabled by a Senator in the Senate as evidence for substantiation of any allegations made under Standing Order No.105-

Thank you, Mr. Speaker, Sir, for the chance. I know the clip that I tabled in this House has evidence. The Maa language can be translated. It is not Greek that cannot be understood by people. There are Kenyans who can translate that.

Sen. Tobiko, I did not give you an opportunity so that you explain yourself. I have already ruled on this matter.

Mr. Speaker, Sir, the people of Kadiajo understand that clip.

There are two things you need to do, Sen. Tobiko; you either withdraw and apologize or sit and I rule that you are disorderly and proceed to ask you to leave the Chamber. So, are you going to withdraw and apologize?

Mr. Speaker, Sir, I presented a clip which has evidence.

Which is not admissible. I have already ruled.

Well, Maasai language is not Greek.

Are you withdrawing or apologizing?

Neither.

Pursuant to Standing Order No.121, Sen. Tobiko, I rule you out of order and ask you to withdraw from the Chamber for the rest of today's sitting.

Hon. Senators, as you may recall, on 24th July, 2024, the Senate passed a Motion on the Current State of the Nation. The Motion was necessitated by the pressing issues that emerged during the nationwide protests, which brought to light significant concerns affecting our nation.

The demonstrations highlighted the frustrations surrounding the high cost of living, rampant corruption, and the opulent lifestyles of public officials that was in stark contrast to the struggles faced by our people. Additionally, the public's outrage over wasteful expenditures in government institutions underscored the growing demand for accountability and reforms.

Consequently, the Senate sought to address these concerns through the Motion, which made actionable recommendations aimed at addressing the root cause of discontent by our people.

Senator for Nandi, listen to the Communication. In the resolution, the Senate resolved-

Mr. Speaker, Sir, I thank you for the very well-reasoned-out, Communication and update to the House. Just by way of notice, this matter has come up at the Senate Business Committee (SBC) . Senators were concerned about what happened to this very important Motion that we carried the country with when the Senate made discussions.

The clarification I am seeking from you is in regard to Standing Order No.225 (2) which states-

“Within 60 days of a resolution being conveyed to the relevant Cabinet Secretary, independent Commission or holder of an independent office under paragraph (1) , such persons shall provide a report to the relevant Committee of the Senate, in accordance with Articles 153 (4) (b) and 254 (2) of the Constitution.” Mr. Speaker, Sir, I know you have expanded this further and allowed the Chairpersons of the various Committees to provide that report to the Senate. Would I be in order if I request you, for further emphasis---

Occasionally, Committee Chairpersons give updates to the House. The next update period will be in the next two or three weeks. Before giving any other report, the Chairpersons that you have listed for Committee on Education; Committee on Justice, Legal Affairs and Human Right; Committee on National Cohesion, Equal Opportunity and Regional Integration et cetera, to lay on the Table of the Senate their findings on these issues that they were charged.

That is a report that will be tabled back to us, as a House, because it is the entire plenary that requested these Committees to undertake this exercise. We can then report back to the country and give explanation of what we have done since we spoke at that particular time. There are very weighty issues that are being raised, for example, on public debt and merging of parastatals. We expect the Committee on Finance and Budget to lead us by way of legislation to commence some of those exercises.

The humble request that I make to you is to not just report, but also lay in the presence of the Senate a documented report of what they would have achieved at that particular time that you will allocate. I would really appreciate if that can be done before we break for the long recess.

I thank you.

You may still be in process, but we need to know how far you have you gone in the implementation of these resolutions. No chairperson of these Committees will be allowed to transact any business other than this. So, dispense with this business before you give us a report on other businesses that you have been undertaking as a Committee.

Proceed, Sen. Boni.

You may still be in process, but we need to know how far you have you gone in the implementation of these resolutions. No chairperson of these Committees will be allowed to transact any business other than this. So, dispense with this business before you give us a report on other businesses that you have been undertaking as a Committee.

Proceed, Sen. Boni.

Thank you, Mr. Speaker, Sir, for hearing me out. The clarity I seek is that when you watch proceedings in our courts, the legal philosophy that helps them to make decisions appears to have changed. I now see that videos are admissible. In fact, the courts are now embracing social media to the extent that service to attend court or receive legal notices is admissible on WhatsApp.

Mr. Speaker, Sir, also in this House, we have on various impeachment proceedings admitted videos from county assemblies. In view of this, I was wondering, going forward, how do we want to treat videos and evidence based on social media, so that we are in tandem with the legal practice in the jurisprudence in our courts?

Proceed, Sen. Sifuna then Sen. Enoch, so that I take them in the same breath.

Sen. Wambua, you may proceed.

Lastly, we woke up this morning to a very scary media report on how police officers are accessing private communication through mobile phones and using that communication to track down people for abduction. That is a very serious matter and it informs the basis of one of the resolutions that we made at that time.

We must remind the IG of Police that the right to privacy is a Chapter 4 right under the Constitution. Article 31 of the Constitution of Kenya 2010 requires that the privacy of communication for every member of society must never be infringed.

If that report is true, because we have not verified it - if that information is true - then it is more reason that this House must summon the IG of Police to come and explain to Kenyans why they are tracking down Kenyans and abducting them using mobile phones.

This is also a call to order for a private institution, one that we respect and one that we have built with our own money and commitment. Safaricom must be put to order. It cannot be that they are going to misuse their monopoly to aid the police in breaking the law. This House must stand firm and say no to the infringement of people's privacy.

Lastly, we woke up this morning to a very scary media report on how police officers are accessing private communication through mobile phones and using that communication to track down people for abduction. That is a very serious matter and it informs the basis of one of the resolutions that we made at that time.

We must remind the IG of Police that the right to privacy is a Chapter 4 right under the Constitution. Article 31 of the Constitution of Kenya 2010 requires that the privacy of communication for every member of society must never be infringed.

If that report is true, because we have not verified it - if that information is true - then it is more reason that this House must summon the IG of Police to come and explain to Kenyans why they are tracking down Kenyans and abducting them using mobile phones.

This is also a call to order for a private institution, one that we respect and one that we have built with our own money and commitment. Safaricom must be put to order. It cannot be that they are going to misuse their monopoly to aid the police in breaking the law. This House must stand firm and say no to the infringement of people's privacy.

Thank you. Hon. Senators, let us make progress on this matter. Allow me to take the clarification as sought by Sen. (Dr) . Khalwale on the videos.

Yes, Senator, we have been receiving quite several videos, especially when we are handling impeachment proceedings. However, the difficulty that I had in this instant case, the Tobiko matter, is that the particular video was in the Maa language.

If it was translated, then at least I could have used my discretion to see whether it is admissible or not but it is in the Maa language. You know the language of Parliament; it is either English, Swahili or Sign Language. To that extent, then, I had to rule it was inadmissible.

It is true that in this term we cannot box ourselves in the traditional way of communication. Social media has visibly taken over the communication sector. However, you have to know that we have something called Artificial Intelligence (AI) . I can assure you, Sen. (Dr,) Khalwale, that you can be put in a place where you are giving a speech, and when you see that video, you will be shocked because maybe you were never in that particular place.

We need to be very cautious in the way we handle these videos, but then, again, even if you were to go to that extent, at least, let it be in a language that we can appreciate as a Senate.

As far as Sen. Sifuna's intervention is concerned, we have tasked chairpersons with the implementation of these recommendations. It is upon those Committees to summon the independent office holders or commissions for purposes of making sure that our recommendations are implemented. If, for example, the Standing Committee on Justice, Legal Affairs and Human Rights or the Standing Committee on National Security, Defence and Foreign Relations wishes to summon the Inspector-General of the National Police Service, it is within their powers to do that. That is why I have said that before we go on recess, the latest being 31st October, 2024, we need to get progressive reports if not full reports on the implementation of these recommendations.

Hon. Senators, allow me to make the following Communication.

Mr. Speaker, Sir, thank you for this opportunity. Indeed, I am ready to substantiate the remarks I made last week in regards to the dramatic ouster of Prof. Laban Ayiro from Moi University in 2016.

I have provided evidence to this House to the audio office, and I have a copy with me. This evidence is in line with your directive this afternoon. The evidence I have is in form of videos, which have been sourced from a media house. I will proceed in this manner.

On 20th September, 2016, the North Rift leaders stormed Moi University in protest against the appointment of the acting Vice-Chancellor.

Sen. Osotsi, just table your evidence and take your seat. Upon review, I will be able to pick the dates and everything else. Just table your evidence.

Mr. Speaker, Sir, I do not know why Sen. Cherarkey---

Order, Senator for Nandi County. Why are you uncomfortable with the Senator for---

Sen. Osotsi, table whatever you have and take your seat. Just table your evidence. You do not need to explain.

Mr. Speaker, Sir, I will table the evidence. The evidence is a chronology of events which started in 2016 September to recently, September this year. The evidence is in form of a video and also a chronology of events. I also promise that tomorrow I am also going to give additional evidence.

Mr. Speaker, Sir, that is okay. I will table the evidence I have now. I was just saying that I have received overwhelming responses from Kenyans who want to give me additional evidence, including---

Order, Sen. Osotsi. The Speaker is not concerned about what you receive from Kenyans.

Senator for Nandi County, the Chair is speaking. Sen. Osotsi, the Speaker is not concerned about the many reports of views that you have received from Kenyans. The Speaker is concerned about what you have that you want to table now.

Proceed to table and take your seat.

Mr. Speaker, Sir, I have tabled the evidence I have now. This evidence shows the chronology of events from September 2016 to now. I table. However, when someone is substantiating, it is important to be heard. I am concerned that ---

Sen. Osotsi, you have enough protection from the Chair. Senator for Nandi, I am cautioning you for the day. If you disrupt these proceedings any further, I will rule you out of order. You know the consequences that will follow. Allow Sen. Osotsi to table his evidence.

Sen. Osotsi, the big problem is that you are attracting all this because you are taking forever to table the document. It takes only a second. Do not explain; the video is self-explanatory.

Mr. Speaker, Sir, I table the evidence that I have. However, this House must take judicial notice of the conduct of Sen. Cherarkey because he has a personal interest in this matter.

Hon. Senators, we are making progress.

Mr. Speaker, Sir, on a point of order.

Sen. Faki, there is no Senator on their feet. How can you raise a point of order? Order, hon. Senators. I will allow Sen. Faki to seek his clarification, which is certainly not a point of order.

Mr. Speaker, Sir, you have allowed Senators to table evidence. This evidence has not been shown to the Members present. We need to see that evidence to confirm whether the allegations have been substantiated or not because we shall keep on rising on points of order.

Mr. Speaker, Sir, you have allowed Senators to table evidence. This evidence has not been shown to the Members present. We need to see that evidence to confirm whether the allegations have been substantiated or not because we shall keep on rising on points of order.

Order, hon. Senators. Senate Majority Leader ---

There is no one wasting time here. Could he withdraw that remark?

Order, Sen. Faki, to observe decorum. The Senate Majority Leader, the Chair knows exactly how to guide this House. Let the hon. Member seek his clarification, and the Chair will give directions.

Sen. Orwoba, you do not shout across the aisle. Senator for Nandi, I have just said that you should not do the work of the Chair. For the last time, you disrupt the proceedings, and I will throw you out.

Sen. Faki, conclude.

Mr. Speaker, Sir, we wanted to hear Sen. Osotsi’s evidence so that we know whether he has substantiated his claims. However, the onus is on you to rule. We needed to listen to what Sen. Osotsi had to say about those allegations.

Thank you.

Sen. Faki, I will review the video and rule on it. I will communicate the video's contents to the House.

Sen. Sifuna, proceed.

Hon. Senators, this is not the first time we are handling videos. I do not know why this particular case has elicited so much interest. The flash disk has been laid on the Table by the hon. Senator. The Speaker will review this video and explain its contents.

The first thing the Speaker will do is to rule on its admissibility. This ruling cannot come from the Floor of the House or the plenary. I will then proceed to rule whether it answers the allegations that have been made. This ruling rests on the shoulders of the Chair, not the Plenary. Otherwise, how then will we proceed on such matters if every time we need to play the videos on the screen, a Motion is drafted for me to put a question? This is the only way the Plenary makes a decision, which is through a vote.

Are we, therefore, saying that for us to rule on the question of whether an allegation has been substantiated or not, we will be drafting a Motion? I propose a question for Hon. Members to debate and, thereafter, put a question for the hon. Members to vote. Certainly, that is not the neatest way to go. That is not the spirit behind our Standing Orders.

The Chair has constitutional responsibility for reviewing the contents of this video. The contents will be made public to the Plenary, and through that, a ruling will follow, which will settle the matter.

Let us move on this particular matter the way we have always done. Next Order. Senate Majority Leader, proceed.

Thank you, Mr. Speaker, Sir. On behalf of the Senate Majority Leader, I beg to lay the following Papers on the Table of the Senate, today, 29th October, 2024-

Thank you, Mr. Speaker, Sir. On behalf of the Senate Majority Leader, I beg to lay the following Papers on the Table of the Senate, today, 29th October, 2024-

Next Order.

Senate Majority Leader, proceed.

Mr. Speaker, Sir, I rise to give Notice of the following Motion-

THAT, AWARE that on 11th July, 2024, pursuant to Article 126

Proceed, Sen. Lemaletian.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the long-standing land ownership dispute over the Ol jorai Farm in Eburru/Mbaruk Ward in Gilgil Constituency, Nakuru County.

In the Statement, the Committee should-

Let us go to the next Order.

Let us go to the next Order.

Hon. Senators, kindly take your seats. We only need 15 Senators to put the question on this particular matter. Since it is not a matter affecting counties, we do not need the 24 minimum delegates.

Sen. Tabitha Mutinda, please, take your seat.

Hon. Senators, kindly take your seats. We only need 15 Senators to put the question on this particular matter. Since it is not a matter affecting counties, we do not need the 24 minimum delegates.

Sen. Tabitha Mutinda, please, take your seat.

When debate was interrupted, the Mover was on her feet moving this particular Bill and she had a balance of 50 minutes.

Sen. Crystal Asige, you may continue moving the Bill.

assemblies by ensuring that at least 5 per cent of Members of a County Assembly (MCAs) are PWDs.

This is geared towards addressing the historical exclusion of PWDs from decision-making processes by ensuring adequate representation of us in local governments, that is, county governments, thereby ensuring that our voices are heard and our interests and needs are taken into account in decision-making across all the 47 counties.

Article 177 of the Constitution provides for the composition of a county assembly, as we know. Specifically, Article 177(1)(c) provides that a county assembly shall include members representing marginalised groups, including PWDs and the youth, as well as marginalised groups, as prescribed by the Act of Parliament.

With a view of implementing Article 177(1)(c) of the Constitution, Parliament has enacted two laws since then; the County Governments Act and the Elections Act, that prescribe the number of members to represent marginalised groups, as well as PWDs and the youth in our county assemblies.

Whereas Section 7(1)(a) of the County Governments Act provides for six seats for marginalised groups, Sections 36(1)(f) and 36(8) of the Elections Act provide for only four seats. This is where the discrepancy or confusion lies that I wish my amendment Bill proposal to remedy.

Mr. Speaker, Sir, last week when I was moving the Bill, I gave the House a list of County Assemblies that right now have zero representation of PWDs and I wish to go through that list for the sake of Members once again. The counties which did not nominate members to represent PWDs in the last election include, Kwale, Kilifi, Taita Taveta, Wajir, Marsabit, Isiolo, Meru, Tharaka Nithi, Machakos, Makueni, Turkana, West Pokot, Trans Nzoia, Uasin Gishu, Baringo, Laikipia, Narok, Kericho, Nyamira and the capital city of Nairobi. I hope that the Senate Majority Leader is listening because his county, Kericho, is on this list as having no PWDs in the County Assembly.

The counties which did not nominate members to represent the youth include, Machakos, Makueni, Kirinyaga, Kiambu, Nandi and Kisii. Counties which did not nominate any Members to represent other marginalized groups include Garissa, Murang’a, Elgeyo-Marakwet, Narok, Kakamega and Kisii.

You will find that from these three lists, there are some counties which have no representation for the two out of the three marginalized groups that they should have representation for, including counties like Kisii and Kakamega, which have two groups that are missing in their county assemblies. This then creates a huge gap in terms of representation and for our needs at the county level to be represented and looked into by the assemblies.

Mr. Speaker, Sir, in light of the considerations I have outlined as a quick background, I will then highlight the salient features of this Bill. It has three clauses.

Clause 2 seeks to amend Section 36 of the Elections Act to provide that:

terms of disability. There are hundreds of disabilities that also need representation at the local level.

It is imperative that we transform these constitutional and legal mandates into tangible actions. In my view, ensuring that PWDs, the youth and marginalized groups across the country are given opportunities to actively participate and contribute to our nation's governance and leadership.

I wish to highlight that even at the national level, even though this is the County Government's Act that I am seeking to amend, right now in this House, as we speak, we are not 5 per cent of PWDs. Out of 67 Members, 5 per cent of PWDs should be at least three.

We have also seen in the last few weeks the back and forth that can happen when you do not follow specific increments that are provided for within the Constitution. Sixty- seven us means that 5 per cent should be PWDs, but right now we are only two in this House. Even more so in the National Assembly, where there are only about 12 PWDs represented out of 349 MPS, which is far below the 5 per cent envisaged in the Constitution.

Technically, at the local level and also at the national level, we are not complying with the Constitution as per Article 54. I will leave it there so that I can allow the rest of the House to give me their opinions and share their views on this Bill’s proposal. I hope that they do come with suggestions and contributions that will help me to refine and to enrich this particular Bill proposal because it affects every single county.

Mr. Speaker, Sir, I named all the counties when I moved this Bill. It is absolutely incumbent on all MPs and Senators in this room to help and ensure that PWDs, youth and marginalized groups across the different counties they represent are fully and meaningfully included in matters of governance at the local level.

Mr. Speaker, Sir, with those few remarks as I close, I do beg to move and call upon Sen. Mungatana--- I am told he is not here.

I wish to call upon my Senate Majority Leader of the House to kindly second this Bill.

Thank you.

terms of disability. There are hundreds of disabilities that also need representation at the local level.

It is imperative that we transform these constitutional and legal mandates into tangible actions. In my view, ensuring that PWDs, the youth and marginalized groups across the country are given opportunities to actively participate and contribute to our nation's governance and leadership.

I wish to highlight that even at the national level, even though this is the County Government's Act that I am seeking to amend, right now in this House, as we speak, we are not 5 per cent of PWDs. Out of 67 Members, 5 per cent of PWDs should be at least three.

We have also seen in the last few weeks the back and forth that can happen when you do not follow specific increments that are provided for within the Constitution. Sixty- seven us means that 5 per cent should be PWDs, but right now we are only two in this House. Even more so in the National Assembly, where there are only about 12 PWDs represented out of 349 MPS, which is far below the 5 per cent envisaged in the Constitution.

Technically, at the local level and also at the national level, we are not complying with the Constitution as per Article 54. I will leave it there so that I can allow the rest of the House to give me their opinions and share their views on this Bill’s proposal. I hope that they do come with suggestions and contributions that will help me to refine and to enrich this particular Bill proposal because it affects every single county.

Mr. Speaker, Sir, I named all the counties when I moved this Bill. It is absolutely incumbent on all MPs and Senators in this room to help and ensure that PWDs, youth and marginalized groups across the different counties they represent are fully and meaningfully included in matters of governance at the local level.

Mr. Speaker, Sir, with those few remarks as I close, I do beg to move and call upon Sen. Mungatana--- I am told he is not here.

I wish to call upon my Senate Majority Leader of the House to kindly second this Bill.

Thank you.

The Senate Majority Leader, you may proceed to second.

Article 177(1)(C) of our Constitution and ensuring that we finally settle this matter so that the Independent Electoral and Boundaries Commission (IEBC) can no longer have the latitude with which to make the determination and leave out certain sections of what would alternatively be. It was not the constitutional design, for any of the three groups to be left out.

Mr. Speaker, Sir, if you read Article 177(1)(C) - I want to refer to it before even going into the Bill - you will understand the reasoning behind the drafters of our Constitution.

It states- “The numbers of the members of marginalized groups, including persons with disabilities and the youth prescribed by an act of Parliament.” Mr. Speaker, Sir, it is clear, that there is no group that has been ranked higher than the other, of the three groups that are described. It is also abundantly clear, that none of this group should be left out. Therefore, I do not know where the IEBC got this idea that in every County Assembly, they normally pick two out of three, such that you will find in certain counties, they will pick the marginalized group and the youth, leaving out the PWD, or pick out PWD and the youth, leaving out the marginalized groups or members of the society.

I appreciate that, finally, with this legislation, upon its successful consideration in both Houses of Parliament, the IEBC will have better clarity, and that, every time political parties sit down to draw up their nomination list, they will do so confidently knowing that these members, as described in Section 36 of the Elections Act, reflect the following-

afford to go to the next election with this mess as has always been. Many of our county assemblies, and 21 of them, do not have PWDs, but there is an equal number also that do not have youth representation. There is an equal number also that do not have representation of the marginalized groups. That was not our constitutional design.

I believe that it will be unfair of us as a House to have come back for the third time, or for the first time like Sen. Crystal. People like Moses Kajwang’ cannot say anything about this particular law because we have been here. We know this problem so well, and we must be proud and buy Sen. Crystal Asige a drink of her favourite choice at the most expensive restaurant in Nairobi, upon the passage of this Bill, because she has sorted a problem that we have not been able to do so, the last two terms of the Senate, yet it is extremely important for county assemblies to be properly constituted.

Otherwise, Mr. Speaker, Sir, we run the risk of our courts of law, very soon, on one day, declaring them unconstitutionally constituted, for lack of proper representation as per the dictates of Article 177.

Mr. Speaker, Sir, this is a fairly straightforward matter. I do not intend to be long at it, but appreciate the industry of Sen. Crystal Asige and the rest of the people who will take time to speak to this particular matter, so that we can be quickly done with it, send it to the National Assembly, and have it signed into law, so that as we go into the next election in 2027, we know full well that our county assemblies, are properly constituted as expected of our Constitution.

With those remarks, I beg to second.

afford to go to the next election with this mess as has always been. Many of our county assemblies, and 21 of them, do not have PWDs, but there is an equal number also that do not have youth representation. There is an equal number also that do not have representation of the marginalized groups. That was not our constitutional design.

I believe that it will be unfair of us as a House to have come back for the third time, or for the first time like Sen. Crystal. People like Moses Kajwang’ cannot say anything about this particular law because we have been here. We know this problem so well, and we must be proud and buy Sen. Crystal Asige a drink of her favourite choice at the most expensive restaurant in Nairobi, upon the passage of this Bill, because she has sorted a problem that we have not been able to do so, the last two terms of the Senate, yet it is extremely important for county assemblies to be properly constituted.

Otherwise, Mr. Speaker, Sir, we run the risk of our courts of law, very soon, on one day, declaring them unconstitutionally constituted, for lack of proper representation as per the dictates of Article 177.

Mr. Speaker, Sir, this is a fairly straightforward matter. I do not intend to be long at it, but appreciate the industry of Sen. Crystal Asige and the rest of the people who will take time to speak to this particular matter, so that we can be quickly done with it, send it to the National Assembly, and have it signed into law, so that as we go into the next election in 2027, we know full well that our county assemblies, are properly constituted as expected of our Constitution.

With those remarks, I beg to second.

Hon. Speaker, Sir, I support the Bill. However, I would like to contribute to the issue of the Bill that has just been moved by Sen. Asige.

It is extremely important, and as the Senate Majority Leader has rightly observed, it is an area that sometimes escapes proper attention, and in disability, you also have invisible disability.

There are disabilities that are invisible, that have not been categorized and captured by even the State in terms of regulations. So, this Bill calls for quite some extensive work, and maybe we might need a heavy input by experts in the area, so that we can deal with it.

that being suppressed so as not reach the Christ. That is what is happening for many people who are disabled in this country. They have been denied the chance to move, the chance to be what they can be.

So, when Christ tells the son of Bartimaeus that “your faith has saved you” as we read in the Gospel last Sunday, I am telling you that is what Sen. Asige is trying to do in this House. She is trying to ask society to allow her, and people like her, who have got various challenges, to be the best they can be. Most of the time, we push them aside, shut them down and deny them the chance to reach the promise that this Republic has.

When you look at our National Anthem, that promise in our National Anthem should reach everybody, including those who are challenged. This should not just be a question of creating institutions and whatever, but institutions that are proactive, that go out before and identify people. They should not be institutions that wait for the people with the physical challenges, or physically challenged, to come to them.

They should be able to go into society and identify these people. Right now, we know that many people associate physical disability not with natural causes, but sometimes with supernatural causes. They can claim maybe your parents did whatever, and even Christ was asked whose sin was it that a certain blind man was born blind.

So, this stigmatisation that you can see in the Gospel is the same that we find in our people today in society. People hide their children because they have disabilities and deny them a chance to go to school. They do all these things.

We need to come up with a law that will make the State go out into every home, into every heart and ensure that nobody is denied the promise of this Republic simply because they have got a physical challenge. With technology today, most of these physical challenges are totally overcome.

I am telling you, we are in a generation whereby even people who have got a visual disability can drive because we now just have driverless cars. So, this aid and this tool should be able to come around. When we build our buildings, when we do whatever, we must make them friendly to address the question of physical disability.

So, we are here at the call of history. We are here like in the days of the Prophet Jeremiah. Whom shall I send? That is the call Sen. Asige is asking us. Will this Senate say, here am I, send me by passing this very important Bill? Let us embrace and enrich this Bill.

At the stage of public participation, the Committee that will consider it, must get very deliberate and go out and tap into the scientific knowledge we have around the subject. Invite people who have got knowledge around those issues so that we can come up with a Bill that is for the modern times. That is a Bill that will address future needs and aspirations.

We even have Gen Zs who have got physical disabilities. The debate never came up for them. Nobody spoke out about Gen Zs with physical disability. We spoke about Gen Zs, who are physically enabled like most of us are, whom society leaves out.

As I mention the Gen Zs, we are now getting into a state whereby the State is causing disability. We want to see a reduction in police brutality. We want to see a reduction in the way the State conducts its affairs so that we do not keep on maiming, killing and dismembering members of our citizens.

There is a lot of desire like the last political education we had on our streets by the Gen Zs. When they were doing political education on the Finance Bill, most of them were violated, injured and hurt.

As I speak about that, I also want to speak about what was in the media today. We saw in the media that people are disappearing. In this country, people are being abducted and violated.

Mr. Temporary Speaker, Sir, for me, I would like to draw the attention of this House to an important Article of the Constitution which lays the blame where it should be. I request you to allow me to read Article 131(1) (2), and part of Article 132(1) says-

The President—

There is a lot of desire like the last political education we had on our streets by the Gen Zs. When they were doing political education on the Finance Bill, most of them were violated, injured and hurt.

As I speak about that, I also want to speak about what was in the media today. We saw in the media that people are disappearing. In this country, people are being abducted and violated.

Mr. Temporary Speaker, Sir, for me, I would like to draw the attention of this House to an important Article of the Constitution which lays the blame where it should be. I request you to allow me to read Article 131(1) (2), and part of Article 132(1) says-

The President—

People have been maimed and they are now disabled. Some of us also have invisible disabilities. When it comes to chewing bones, we cannot chew bones like Sen. Sifuna can. Therefore, we will pass bones over to Sifuna to benefit because we lost our teeth.

People have been maimed and they are now disabled. Some of us also have invisible disabilities. When it comes to chewing bones, we cannot chew bones like Sen. Sifuna can. Therefore, we will pass bones over to Sifuna to benefit because we lost our teeth.

Thank you, Sen. Okiya Omtatah. Proceed, Sen. Ali Roba?

I support.

I support.

Proceed, Sen. Olekina.

we have to extend this issue of disability to be able to define it? How pragmatic can we be to ensure that we achieve what the Constitution has set out?

So, as I support this Bill, I challenge my sister to further define disability when it comes to this country. If you go to most counties, buildings are erected. Maybe we might have an expert in Nairobi who can come and say, “before you build this building or before you give out permits or approvals for a building, make sure that building can be accessed by someone who is physically challenged.”

I actually do not like using the words “disabled”. I like using the word “challenged” because, I have seen people who are considered by society as being disabled, and they are much capable of doing more things that most of us are not able to do. They can reason out. Some of us who are 100 per cent fit cannot even reason.

So, as I support this Bill, I would like to be a bit realistic as well. We are in a society in which we talk too much, but we do nothing. How realistic are we going to be to ensure that at least we can achieve the 5 per cent of all the elected MCAs being people who are disabled?

I have looked at Clause 8, the proposed amendment of this, where it says: - “For Section 1(f)(iii), the commission shall draw from the list such members of special seat Members in the order given by the party, necessary to ensure that at least 5 per cent of the Members of the county assembly are persons with disabilities.” I would like to persuade my sister to change that so that we make it mandatory, because the mischief that you are attempting to cure cannot be cured with such language. The people there will still choose whoever they want to choose. So, I think we must expand that provision further to be discreet, to say this and this person ought to be the one given priority.

I am sure my brother, Sen. Sifuna, who is the Secretary-General (SG) of the Orange Democratic Movement (ODM) Party, can attest to what I am saying and can speak directly on these issues because those are the challenges we face.

Today, when we do not have an IEBC, some people who had been appointed and then reappointed elsewhere and are no longer in Parliament, the IEBC will just go back to the list.

What will happen if at all maybe in the National Assembly, there is a person who is supposed to replace Hon. Mbadi? Can this Bill help the IEBC to choose the right person, or will it be an issue of lobbying? Sen. Olekina would be lobbying for his brother or sister to be appointed. We need to be descriptive, and I would like to suggest that you relook at Clause 8 so that we avoid that mischief.

Finally, I want to reiterate the importance of you redefining the categories of disability. You need to be elaborate so that we do not only look at people with physical, hearing and visual impairments. I want us to look at other people who are also challenged, who are dyslexic. Some people are extremely intelligent.

All of us here, in one way or the other, have some form of dyslexia in us. What measure do we use so that we also include those people? They are the only ones who can be able to explain the challenges they go through. I will try to demonstrate.

There are people who when they read, you will find them reading on a zigzag line. That is a form of dyslexia. I do not know how much the Senate Majority Whip knows about dyslexia because of being a medical doctor. I can attest that for my own family, I have people who are challenged by that but they read. They could say “two nominated”, and then they go straight to “marginalized.”

If you have this Bill, please, go to Clause 3(1). They will read: - “the members of a county assembly contemplated under Article 177(c)--- They will go to (c), because their mind has told them, to rush to (c).

We need to be descriptive in nature so that those people are not left out, but they are included.

Mr. Temporary Speaker, Sir, as I summarise, this is one of the Bills that we can fast track, especially now that we are fighting to get a new Independent Electoral and Boundaries Commission (IEBC). When that new IEBC comes in place, it should have the thoughts of Sen. Crystal Asige in mind, to replace anybody preparing for the next election.

Finally, let me again appreciate the work of Sen. Crystal Asige. I hope that she can continue enlightening us on the uniqueness of the challenges that People with Disabilities (PWDs) go through.

I thank you, Mr. Temporary Speaker, Sir.

All of us here, in one way or the other, have some form of dyslexia in us. What measure do we use so that we also include those people? They are the only ones who can be able to explain the challenges they go through. I will try to demonstrate.

There are people who when they read, you will find them reading on a zigzag line. That is a form of dyslexia. I do not know how much the Senate Majority Whip knows about dyslexia because of being a medical doctor. I can attest that for my own family, I have people who are challenged by that but they read. They could say “two nominated”, and then they go straight to “marginalized.”

If you have this Bill, please, go to Clause 3(1). They will read: - “the members of a county assembly contemplated under Article 177(c)--- They will go to (c), because their mind has told them, to rush to (c).

We need to be descriptive in nature so that those people are not left out, but they are included.

Mr. Temporary Speaker, Sir, as I summarise, this is one of the Bills that we can fast track, especially now that we are fighting to get a new Independent Electoral and Boundaries Commission (IEBC). When that new IEBC comes in place, it should have the thoughts of Sen. Crystal Asige in mind, to replace anybody preparing for the next election.

Finally, let me again appreciate the work of Sen. Crystal Asige. I hope that she can continue enlightening us on the uniqueness of the challenges that People with Disabilities (PWDs) go through.

I thank you, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, thank you for this chance. Allow me to congratulate the nominated Senator, Sen. Crystal Asige, for this piece of work. I acknowledge her for her hard work and even more for her demonstration for the indomitable spirit of a human being.

Mr. Temporary Speaker, Sir, before I go to the real challenge of this Bill, let me speak to my own experience. We have to be very careful when we are growing up children and fellowshipping with the society. We need to look at legislation to support PWDs to mean giving them an opportunity, but not profiling them as people who are lesser human than the others.

Why do I say this? It is because the man who taught me Mathematics, Mr. David Mgaisi Asutsi, was living with disability. He taught me Mathematics and helped me to get Distinction One in Mathematics. I thank him, and may his soul rest in eternal peace. He helped me to get 100 per cent in Mathematics in that exam, the alternative is A.

In my office in Kakamega, I have employed Mr. Ignatius. Mr. Ignatius is a one- legged youth, but I have never seen a greater bullfighter than that boy. He can go into bullfighting, what we call mongara. Mongara is the equivalent in rugby, where you go in the most dangerous circle. Mr. Ignatius will go in and come out of bullfighting with no injury, yet he has one leg. He is a great bullfighter.

Mr. Temporary Speaker, Sir, because of the challenges of politics, I was attacked by goons in my home and they went for my son and gouged out his eye when he was five years old. Today, we have grown him up so that he does not believe he is a lesser human being because he lost his one eye. We told him that he can be what all other youths can be. Today, the boy is a high-profile auditor employed by the National Government of Kenya, in charge of one of the counties here in Kenya. He even holds a Master's degree in that profession.

Mr. Temporary Speaker, Sir, I now want to plead with Sen. Crystal Asige. Sen. Crystal Asige, listen to your Bill. You are saying you seek to amend Section 177 (c) of the Constitution of Kenya. Right?

Sen. Khalwale, should I remind you?

Assembly or Sen. (Dr.) Khalwale or Sen. Crystal Asige can amend. To do that, you have to go back to Kenyans so that they say so through a referendum.

What am I saying? In the spirit of your amendment, you are more than 100 per cent right, Senator. You want to give equal opportunity to all Kenyans, including those living with disabilities. You are right. However, in the letter where you are attempting to amend the Constitution through an Act of Parliament, you cannot do it. We must do what you are doing, but take this proposal to Kenyans to vote and decide whether they want to change Article 177 to invite the amendments.

Assembly or Sen. (Dr.) Khalwale or Sen. Crystal Asige can amend. To do that, you have to go back to Kenyans so that they say so through a referendum.

What am I saying? In the spirit of your amendment, you are more than 100 per cent right, Senator. You want to give equal opportunity to all Kenyans, including those living with disabilities. You are right. However, in the letter where you are attempting to amend the Constitution through an Act of Parliament, you cannot do it. We must do what you are doing, but take this proposal to Kenyans to vote and decide whether they want to change Article 177 to invite the amendments.

On a point of order, Mr. Temporary Speaker, Sir.

There is a point of order from Sen.

Mr. Temporary Speaker, Sir, ideally, it ought to have been a point of information.

Inform me.

I want to inform Sen. (Dr.) Khalwale that Article 177 (1) (c) envisages that there shall be an Act of Parliament that will define the number of members of marginalised groups, including persons with disabilities and the youth.

Therefore, this amendment intends to amend the Act of Parliament referred to under Article 177 (1) (c) rather than amending Article 177 (1) (c) itself.

I thought that needed to be made clear because I was also a bit confused by the proposal that Article 177 (1) (c) of the Constitution shall include, and then there are sub- clauses (1) , (2) and (3) . Ideally, that should be sitting in the Act of Parliament. So, it is an amendment to an Act of Parliament that is required under article 177 (1) (c) .

Initially, I was convinced that this was an impossible amendment, but having read this, I realize that Sen. Crystal Asige needs to clean up that amendment, so that it does not look like we are amending the Constitution.

Sen. Crystal Asige, consult; you will not die from it. Consult experts, and I can fairly say that I am an expert in legislation. I have been around for 20 years. We want to give life to this. We want to do more.

We want to remove the fate of People with Disability from the hands of political leaders. They get an opportunity because political leaders of political parties then give them some form of support.

We should tweak the law so that People with Disabilities can elect themselves. Sen. Crystal Asige, you can still win an election. You do not have to rely on the national party leader of the Orange Democratic Movement (ODM) for you to come here. We can say that in this election, People with Disability will vote for themselves so that the People with Disability find their way into this House of privilege. The Senate is a House of high privilege. The National Assembly and the County Assemblies are positions of high privilege. We cannot leave that in the hands of leaders of political parties.

The People with Disability can agree amongst themselves on a model of the election, or we can legislate a model of the election that will be used with People With Disability.

One of the reasons why I do not like the way we identify affirmative action--- Women who come to the two Houses are because of this same problem. Two, the reason I do not recognise the affirmative nature of the 47 county women in the National Assembly is because the wrong people voted for them.

If we wanted women to elect a county MP to represent them, what business would we have in voting in that election? We should have, under this Constitution, now that we have the benefit of hindsight, drafted the election laws so that on voting day, we men do not participate in electing the county MP; women do it. It is this thing that I want us to push through so that we do not rush it. Sen. Crystal Asige, do not forget you are my brother's daughter, and I cannot harm your industry. I want you to achieve more. Not so much because it is good, but also because you have proven that those of us who have been here for 20 years have been sleeping on the job. Why did we not think innovatively the way you have done?

With those many remarks, I support.

Sen. Crystal Asige, consult; you will not die from it. Consult experts, and I can fairly say that I am an expert in legislation. I have been around for 20 years. We want to give life to this. We want to do more.

We want to remove the fate of People with Disability from the hands of political leaders. They get an opportunity because political leaders of political parties then give them some form of support.

We should tweak the law so that People with Disabilities can elect themselves. Sen. Crystal Asige, you can still win an election. You do not have to rely on the national party leader of the Orange Democratic Movement (ODM) for you to come here. We can say that in this election, People with Disability will vote for themselves so that the People with Disability find their way into this House of privilege. The Senate is a House of high privilege. The National Assembly and the County Assemblies are positions of high privilege. We cannot leave that in the hands of leaders of political parties.

The People with Disability can agree amongst themselves on a model of the election, or we can legislate a model of the election that will be used with People With Disability.

One of the reasons why I do not like the way we identify affirmative action--- Women who come to the two Houses are because of this same problem. Two, the reason I do not recognise the affirmative nature of the 47 county women in the National Assembly is because the wrong people voted for them.

If we wanted women to elect a county MP to represent them, what business would we have in voting in that election? We should have, under this Constitution, now that we have the benefit of hindsight, drafted the election laws so that on voting day, we men do not participate in electing the county MP; women do it. It is this thing that I want us to push through so that we do not rush it. Sen. Crystal Asige, do not forget you are my brother's daughter, and I cannot harm your industry. I want you to achieve more. Not so much because it is good, but also because you have proven that those of us who have been here for 20 years have been sleeping on the job. Why did we not think innovatively the way you have done?

With those many remarks, I support.

Sen. M. Kajwang’, proceed.

We have even considered co-sponsoring the public participation Bill together, but we have been delayed by the passage of the Sessional Paper on public participation. As you have seen, almost every other process in this country has been held hostage by concerns about public participation. I do hope that we will put our thoughts together because Sen. Crystal Asige wanted to inject the disability aspect into public participation.

This Amendment Bill seeks to give effect to Article 177(1((c) of the Constitution of Kenya.

Article 177(1)(c) says – “A County Assembly shall consist of the number of members of marginalised groups including persons with disabilities and the youth prescribed by an Act of Parliament.” The Act of Parliament that has made that prescription is not one, but two. The Elections Act under Section 36(1)(f) and 36(8) has defined the number of Members of the County Assembly to represent marginalised groups as four. The County Governments Act under Section (7)(1)(a) has defined the number to be six.

The Independent Electoral and Boundaries Commission (IEBC) has decided to take the provisions of the Elections Act. It has been implementing the four seats per county assembly rather than the six seats that have been prescribed under the County Government's Act.

When the County Government's Act was enacted, it was hoped that this would be the Bible on matters to do with devolution. Indeed, I want to encourage the Committee on Devolution and Intergovernmental Relations, which has been doing a review of the County Governments Act, that it is time for a comprehensive assessment and review of that Act.

You have seen many scenarios that are avoidable but cannot be resolved because of the County Governments Act. There are small things, like relationships between governors and their deputies, county assemblies and the kind of powers they have, and procedures for impeachment.

I want to encourage that this House goes for the upper threshold when it comes to representation of marginalised groups, and not the lower threshold that has been picked by the Independent Electoral and Boundaries Commission (IEBC).

Sen. Olekina, while speaking to this matter, was wondering whether certain forms of inability are considered to be disability. This is such a sensitive matter that cannot be left to personal interpretation.

That is why the Ministry of Health in 2022 came up with Disability Medical Assessment and Categorisation Guidelines and they are very clear on the types of disability that are recognised. They talk about physical impairment, visual impairment, hearing and speech impairment, mental health disorders, chronic progressive disorders, maxillofacial disabilities and others. They are all there.

Sen. Ogola and I have a mutual friend who used to be an MCA. He has a stuttering condition. In those guidelines, even stuttering is defined as speech impairment. Someone who stammers is qualified for nomination as a representative of PWDs.

We looked at another example of a gentleman who was very famous where I come from. He had a mischievous name; Otieno Omande. He was proposed for nomination in the inaugural County Assembly of Homa Bay. Otieno Omande’s disability was a hunchback and Sen. Ogola---

We looked at another example of a gentleman who was very famous where I come from. He had a mischievous name; Otieno Omande. He was proposed for nomination in the inaugural County Assembly of Homa Bay. Otieno Omande’s disability was a hunchback and Sen. Ogola---

On a point of order, Mr. Temporary Speaker, Sir. I happen to know the gentleman being mentioned by my Senator, Sen. M. Kajwang’. However, I thought it would be wise that the Senator goes ahead to explain to the House the meaning of his second name. It will be fair if he explains that to the House.

stand up to be ambassadors and spokespersons for inclusion of PWDs because nobody knows what is going to happen tomorrow.

A census was carried out on disability in Kenya and the findings were quite interesting, that out of our total population, 2.2 per cent suffer from one form of disability or another. The county that had the highest figures on disability was Embu at 4.4 per cent, followed by my county of Homa Bay at 4.3 per cent, Makueni at 4.1 per cent and Siaya and Kisumu in that order.

Mr. Temporary Speaker, Sir, sometimes when you look at the statistics on disability, there is a direct proportion to the rate of neglect and marginalisation of some of these counties. Counties like Homa Bay, Siaya, and Kisumu are in the leader’s bracket.

You will find that some of the counties with the highest instances or incidences of disability in Kenya also suffer a greater burden when it comes to other communicable and non-communicable diseases. That tells you that there has been neglect as a result of regressive policies of past governments that have led to greater instances of disability in those areas.

One of the main causes of disability in the past used to be polio but because of modern medication, polio vaccine is now available. However, due to lopsided Government policies where certain areas are left out, you still find that in some of these counties that I have mentioned, such as Homa Bay, Makueni, Siaya and Kisumu, there is still higher instances of polio infection.

The formula that has been proposed by Sen. Crystal Asige requires that at least 5 per cent of MCAs are PWDs. I support and I agree with that figure because in Homa Bay County, the disability prevalence is 4.3 per cent.

We must also ask ourselves, what is the best ratio to impose in law? If the national disability incidence rate is at 2.2 per cent of the population, is it fair to insist on a 5 per cent representation of PWDs in county assemblies, or it would be reasonable to benchmark it with the national rate?

stand up to be ambassadors and spokespersons for inclusion of PWDs because nobody knows what is going to happen tomorrow.

A census was carried out on disability in Kenya and the findings were quite interesting, that out of our total population, 2.2 per cent suffer from one form of disability or another. The county that had the highest figures on disability was Embu at 4.4 per cent, followed by my county of Homa Bay at 4.3 per cent, Makueni at 4.1 per cent and Siaya and Kisumu in that order.

Mr. Temporary Speaker, Sir, sometimes when you look at the statistics on disability, there is a direct proportion to the rate of neglect and marginalisation of some of these counties. Counties like Homa Bay, Siaya, and Kisumu are in the leader’s bracket.

You will find that some of the counties with the highest instances or incidences of disability in Kenya also suffer a greater burden when it comes to other communicable and non-communicable diseases. That tells you that there has been neglect as a result of regressive policies of past governments that have led to greater instances of disability in those areas.

One of the main causes of disability in the past used to be polio but because of modern medication, polio vaccine is now available. However, due to lopsided Government policies where certain areas are left out, you still find that in some of these counties that I have mentioned, such as Homa Bay, Makueni, Siaya and Kisumu, there is still higher instances of polio infection.

The formula that has been proposed by Sen. Crystal Asige requires that at least 5 per cent of MCAs are PWDs. I support and I agree with that figure because in Homa Bay County, the disability prevalence is 4.3 per cent.

We must also ask ourselves, what is the best ratio to impose in law? If the national disability incidence rate is at 2.2 per cent of the population, is it fair to insist on a 5 per cent representation of PWDs in county assemblies, or it would be reasonable to benchmark it with the national rate?

On a point of information.

Sen. M. Kajwang’, do you want to be informed by Sen. Crystal Asige?

I will be glad to be informed.

Proceed, Sen. Crystal Asige.

Mr. Temporary Speaker, Sir, I agree with Sen. Asige that the Constitution under Article 54 (2) says that the state shall ensure the progressive implementation of the principle that at least 5 per cent of the members of the public in elective and appointive bodies are PWDs.

At least 5 per cent but we have a 2.2 per cent disability prevalence in the country. There is what the Constitution aspires to and there is the reality. The problem then would be for you to fully realize or actualize Article 54 (2) , you would probably be having the same PWDs sitting in various elective positions so that the number can get to 5 per cent. This is because, you have a 2.2 per cent incidence. The Constitution requires a 5 per cent representation. I am well guided and this is a debate we can have on whether it is something to be realized immediately or progressively.

Mr. Temporary Speaker, Sir, I will conclude my contribution by encouraging Sen. Asige to reach out to the other House and ensure that she finds a co-sponsor for this Bill, so that it can move fast. I do note that the requirement for representation of PWDs in the National Assembly is a constitutional provision and therefore, we should find friends in the other House who can fast-track it. This is one of those Bills that we do not need to talk a lot. Even when we talk to it, we are just talking to the spirit of it so that we can encourage Sen. Asige and commend her for the excellent work she is doing.

At the end of the day, she is one of those Senators who is doing what brought her to this House – to represent the interests of marginalized groups and PWDs. She has, however, gone beyond it and has represented the youth very well, even though I am not sure whether she is still a youth.

Mr. Temporary Speaker, Sir, I support.

Mr. Temporary Speaker, Sir, I agree with Sen. Asige that the Constitution under Article 54 (2) says that the state shall ensure the progressive implementation of the principle that at least 5 per cent of the members of the public in elective and appointive bodies are PWDs.

At least 5 per cent but we have a 2.2 per cent disability prevalence in the country. There is what the Constitution aspires to and there is the reality. The problem then would be for you to fully realize or actualize Article 54 (2) , you would probably be having the same PWDs sitting in various elective positions so that the number can get to 5 per cent. This is because, you have a 2.2 per cent incidence. The Constitution requires a 5 per cent representation. I am well guided and this is a debate we can have on whether it is something to be realized immediately or progressively.

Mr. Temporary Speaker, Sir, I will conclude my contribution by encouraging Sen. Asige to reach out to the other House and ensure that she finds a co-sponsor for this Bill, so that it can move fast. I do note that the requirement for representation of PWDs in the National Assembly is a constitutional provision and therefore, we should find friends in the other House who can fast-track it. This is one of those Bills that we do not need to talk a lot. Even when we talk to it, we are just talking to the spirit of it so that we can encourage Sen. Asige and commend her for the excellent work she is doing.

At the end of the day, she is one of those Senators who is doing what brought her to this House – to represent the interests of marginalized groups and PWDs. She has, however, gone beyond it and has represented the youth very well, even though I am not sure whether she is still a youth.

Mr. Temporary Speaker, Sir, I support.

Sen. Cherarkey.

Mr. Temporary Speaker, Sir, I thank you for this opportunity. From the onset, I commend Sen. Asige, but on a light note, I saw team mafisi say that she is single on social media over the weekend.

I said on a light note---

Sen. Asige, do you have a point of order?

Thank you, Mr. Temporary Speaker, Sir. I appreciate the opportunity. Under Standing Order No.105 on statement of fact, the substantive Speaker earlier in this sitting told us that matters with regard to social media have to be taken carefully.

If Sen. Cherarkey can substantiate, although I do not know how he will do that without me being involved, but if he can, I would appreciate that substantiation.

Yes, Sen. M. Kajwang’ what is your point of order?

Mr. Temporary Speaker, Sir, is Sen. Asige in order to close the market so soon because Sen. Cherarkey does not have to prove anything? In fact, that ambiguity should be strategic and it will bring attention and will give some of us hope. So, it might not be appropriate for Sen. Cherarkey to substantiate so that we remain hopeful that we could fill that void in the life of the distinguished Senator.

Sen. Eddy, may I caution you again. You are talking about a page and Sen. Asige is asking that information be substantiated. We have to move on.

Sen. Cherarkey, you have to substantiate this matter on the status of Asige.

Sen. Eddy, may I caution you again. You are talking about a page and Sen. Asige is asking that information be substantiated. We have to move on.

Sen. Cherarkey, you have to substantiate this matter on the status of Asige.

Mr. Temporary Speaker, Sir, I have received information and I appreciate that. I only said that team mafisi said that Sen. Crystal Asige is single and even the verified page that belongs to Sen. Asige---

Please, protect me from Sen. Karen Nyamu. I did not see her in Ndumberi where many songs were being sung.

Mr. Temporary Speaker, Sir, that was on a light note, and I believe Sen. Asige agrees that.

Very well.

of people living with disability; that at least 5 percent of the members of the public in elective and appointive bodies are persons with disabilities.

This is provided and is an affirmative direction for both elective and appointive. I therefore encourage Sen. Crystal Asige that next time, she should give us a status implementation report of the appointive of the 5 per cent within the national and county governments so that we do not only talk about elective because the Constitution is very subjective. It is not only elective or appointive. We would like to know if appointive positions meet the criteria of the PWDs. That can be found at Article 54.

Mr. Temporary Speaker, Sir, in Article 177 on county assemblies membership, this is a straight-forward matter on the 5 percent. It is disappointing that more than 20 counties have not met the threshold of PWDs and the youth. Today, the biggest challenge facing the country is the ballooning youth across the country. We need to hear their voices in county assemblies. We are lucky that some of us were elected to this House when we were youthful because before, it used to be referred to as Nyumba ya Wazee. We are however lucky to be sitting in this House giving voice to the many young people’s agenda.

Even in the county assemblies, we want to see more young people running for elective seats but they should also be given chances through appointing. I am happy that the Secretary General of the Orange Democratic Movement (ODM) is in the House. We have their Deputy Party Leader and the Party Leader of the United Democratic Movement (UDM), Sen. Roba. We also have other people who run political parties in this House. There are other life members of ODM like Sen. Beatrice Ogola.

Mr. Temporary Speaker, Sir, we must come together - and I wish the SG of ODM was listening to me because what I am saying is very critical – that political parties need to consider PWDs even when running during nominations. They should be given priority because of the unique nature that the PWDs have unlike the able-bodied people.

of people living with disability; that at least 5 percent of the members of the public in elective and appointive bodies are persons with disabilities.

This is provided and is an affirmative direction for both elective and appointive. I therefore encourage Sen. Crystal Asige that next time, she should give us a status implementation report of the appointive of the 5 per cent within the national and county governments so that we do not only talk about elective because the Constitution is very subjective. It is not only elective or appointive. We would like to know if appointive positions meet the criteria of the PWDs. That can be found at Article 54.

Mr. Temporary Speaker, Sir, in Article 177 on county assemblies membership, this is a straight-forward matter on the 5 percent. It is disappointing that more than 20 counties have not met the threshold of PWDs and the youth. Today, the biggest challenge facing the country is the ballooning youth across the country. We need to hear their voices in county assemblies. We are lucky that some of us were elected to this House when we were youthful because before, it used to be referred to as Nyumba ya Wazee. We are however lucky to be sitting in this House giving voice to the many young people’s agenda.

Even in the county assemblies, we want to see more young people running for elective seats but they should also be given chances through appointing. I am happy that the Secretary General of the Orange Democratic Movement (ODM) is in the House. We have their Deputy Party Leader and the Party Leader of the United Democratic Movement (UDM), Sen. Roba. We also have other people who run political parties in this House. There are other life members of ODM like Sen. Beatrice Ogola.

Mr. Temporary Speaker, Sir, we must come together - and I wish the SG of ODM was listening to me because what I am saying is very critical – that political parties need to consider PWDs even when running during nominations. They should be given priority because of the unique nature that the PWDs have unlike the able-bodied people.

Sen. Cherarkey, would you like to be informed?

Yes, for the first time in the life of this House, today, I can allow Sen. Sifuna to inform me.

Sen. Sifuna, please proceed.

Hon. Temporary Speaker, Sir, I would like to inform Sen. Cherarkey that, in fact, the Mover of this Bill is nominated by the Orange Democratic Movement (ODM) to represent the Persons with Disabilities (PWDs) . We, as a Party, continue to be very proud of her.

So, Mr. Temporary Speaker, Sir, when Sen. Cherarkey is addressing some of these issues and concerns about inclusion of persons with disabilities, perhaps, he should look behind his back and not on this side, because on this side, we are okay.

I thank you.

Standing Committee on Labour and Social Welfare, from Nyandarua Delegation. He has also been nominated by the United Democratic Alliance (UDA).

In conclusion, I would like to say that the young people also have a chance. You saw the explosion of the Gen Z protests the other day. This is because they feel unrepresented. Most of the young people feel that they are not represented. However, I would like to challenge them to also run for these positions. You cannot be saying we are not represented when we have not tried.

Some of us came here fairly young, but we dared to try. So, I challenge the young people, wherever they are, that it is not enough to just say we are not represented. Can you go out and register, become voters and run for those positions? All these political parties are willing to incorporate young people and people living with disability, minorities and the marginalised to run for these elective posts. Apart from making their voices being heard outside there, the young people have a chance to be elected. You need to sell your manifesto.

In conclusion, the resolution we just made the other day is because of that Motion that we did contribute today, that most of the young people, at the moment, went into the Gen Z protest because they felt that they were not represented.

I am sad that there are allegations of abductions and extra-judicial killings, and most of the victims are young people. Sen. Kajwang’ said, you can be born as an able person but get disabled. In the last Session, if you remember, when served with your father, the distinguished Sen. Haji Snr, I was temporarily disabled. I was only disabled in terms of my limbs, nothing else was disabled. However, I had a challenge. I realised that you can be disabled. You have heard even accidents happen. Anything can happen. Even Sen. Crystal Asige can tell her story. Everybody has an encounter.

We know even people were maimed because of Gen Z protests. There are allegations of abductions and people being followed. Today, in the news, I saw that there is a young man who cannot afford to pay for surgery.

I am disappointed that there are allegations that Safaricom Limited is sharing triangulation coordinates for the police and DCI to arrest Kenyans. That is infringing the right to privacy. I agree with you, that the Senate Standing Committee on National Security and Foreign Relations should invite the Inspector-General of Police. Why would you share the location, Short Message Service (SMS) and the coordinates of where a Kenyan is? That is infringing the right to privacy. To do that, you must get a court order.

What I saw in The Daily Nation Newspaper today is unfortunate. I have been a victim of data protection in the last one week. I have been called, received insults and praises. As we talk today, my phone has over 12,000 SMSs. I have close to 20,000 WhatsApp messages and so many phone calls. There is a data privacy breach that no one is addressing. They are ‘salamiering’ me. By the way, I would like to report to the House that, even the email of the Senate is approaching half a million emails that reacted to my Bill. Kenyans are at 60-40. As of now, 60 per cent of Kenyans are supporting my Bill, while 40 per cent are opposing, in SMSs, WhatsApp, Facebook and X account.

So, I agree with Sen. Crystal that the issue of data privacy should be protected. Why would the police know that I slept somewhere and come to arrest and abduct me?

The Inspector-General of Police and Safaricom Limited must be called to order. The fact that they have privilege of our data should not be allowed to abuse. Why is the

Kenya Power and Lighting even sharing the data of where you live and the payments you have made in your houses?

I would like to challenge the Senate Standing Committee on National Security and Foreign Relations. The Vice-Chairperson of that Committee that should---

Kenya Power and Lighting even sharing the data of where you live and the payments you have made in your houses?

I would like to challenge the Senate Standing Committee on National Security and Foreign Relations. The Vice-Chairperson of that Committee that should---

Sen. Osotsi can inform me.

Okay, Sen. Osotsi, please proceed.

I would like to inform my neighbour and good friend, Sen. Cherarkey, that we are having challenges with the exposure of private data because of the inefficiency of the Office of the Data Protection Commission, which the Senate Standing Committee on Information, Communication and Technology has brought a number of statements here on that matter. So, for us to make progress on the issue of privacy of data, we need to start dealing with this office called the Office of Data Protection Commission.

Mr. Temporary Speaker, Sir, in conclusion, as I celebrate this tremendous work by Sen. Crystal Asige, I agree as Members of the Committee on ICT, we should take it as a priority and also encourage Members. The way we are giving accolades to Sen. Cyrstal Asige, we should also give accolades to Sen. Cherarkey. I have seen my colleagues bashing me in funerals, birthday parties and baby showers over my proposals in the House. I would like to also appeal for love. I am also a human being, so you should not be hard on me. Can you be whispering some Solomonic wisdom when need arises?

Mr. Temporary Speaker, Sir, with those remarks, I beg to support this Bill and see it to fruition.

Thank you, Mr. Temporary Speaker, Sir. I wish Sen. Cherarkey had consulted seniors in the House before he came up with his proposed Bill on the extension of the term limit. My advice is that till we vote on that Bill, keep House. There are some areas we should not visit.

I first want to pass my congratulations to Sen. Asige for this Bill that has been sponsored by her, which addresses some of the concerns in Article 177 of our Constitution. Let me be on record by saying that it has been a joy to serve in this House with Sen. Asige. What a brilliant mind.

guy to break the ceiling in the Senate by becoming the majority leader without being a ranking member of the Senate. So we can have youthful leaders who can make very good contributions to the country.

So it is good to note that if this Bill is passed, and I hope it will, we will have two candidates reserved for the youth. That is commendable. So that we know that each county assembly will have a minimum of two youths--- Others can also vote and win. Then, of course, marginalised groups. Every county has marginalised groups. Even in Nyamira, I have about three polling stations inhabited by my neighbours, the Luos, who are marginalised. They have never been lucky to get a nominee MCA to the county assembly, despite them being clearly marginalised. So I fully support the idea of also picking the marginalized.

For the first time, I had an opportunity to visit Lodwar. I had never been to Lodwar before. When I saw the harsh weather condition, I would never at any one time oppose anybody who comes up with a policy to support the marginalised or those who come from hardship areas.

The temperatures were 35 degrees centigrade. I did not see any green vegetation within Lodwar. Then I just remembered that there are people who are proponents of one man, one shilling, who want to take away the little that people of the Northern Kenya Frontier are getting. We can never be such inhumane in our approach. So, people who are marginalised in one way or another, ought to be supported affirmatively through legislation as what we have before us.

While on it, let us build a country that respects the rule of law. People who are suspected of having committed any crime should be arrested by police officers who must identify themselves as those suspects and be taken to court.

I do not support this culture of abducting people at all. As a lawyer, I believe strongly that the best way to build a country is to have people who respect the law and do not want to break it. That is achieved by applying it fairly to everybody.

Mr. Temporary Speaker, Sir, we are human beings. I was watching the news yesterday about Boniface Mwangi. What are his children thinking of their country? What is the spouse of Mr. Mwangi thinking of our own country?

I understand there is another activist called Aoko who has been missing since last week. That should not be allowed to happen. Our security bodies such as the Directorate of Criminal Investigations (DCI) and the National Police Service Commission (NPSC) know what the Bill of Rights says. If somebody has been arrested, they should be presented before any court of law within 24 hours. They should inform their families. Those suspects have a right to contact their lawyers.

guy to break the ceiling in the Senate by becoming the majority leader without being a ranking member of the Senate. So we can have youthful leaders who can make very good contributions to the country.

So it is good to note that if this Bill is passed, and I hope it will, we will have two candidates reserved for the youth. That is commendable. So that we know that each county assembly will have a minimum of two youths--- Others can also vote and win. Then, of course, marginalised groups. Every county has marginalised groups. Even in Nyamira, I have about three polling stations inhabited by my neighbours, the Luos, who are marginalised. They have never been lucky to get a nominee MCA to the county assembly, despite them being clearly marginalised. So I fully support the idea of also picking the marginalized.

For the first time, I had an opportunity to visit Lodwar. I had never been to Lodwar before. When I saw the harsh weather condition, I would never at any one time oppose anybody who comes up with a policy to support the marginalised or those who come from hardship areas.

The temperatures were 35 degrees centigrade. I did not see any green vegetation within Lodwar. Then I just remembered that there are people who are proponents of one man, one shilling, who want to take away the little that people of the Northern Kenya Frontier are getting. We can never be such inhumane in our approach. So, people who are marginalised in one way or another, ought to be supported affirmatively through legislation as what we have before us.

While on it, let us build a country that respects the rule of law. People who are suspected of having committed any crime should be arrested by police officers who must identify themselves as those suspects and be taken to court.

I do not support this culture of abducting people at all. As a lawyer, I believe strongly that the best way to build a country is to have people who respect the law and do not want to break it. That is achieved by applying it fairly to everybody.

Mr. Temporary Speaker, Sir, we are human beings. I was watching the news yesterday about Boniface Mwangi. What are his children thinking of their country? What is the spouse of Mr. Mwangi thinking of our own country?

I understand there is another activist called Aoko who has been missing since last week. That should not be allowed to happen. Our security bodies such as the Directorate of Criminal Investigations (DCI) and the National Police Service Commission (NPSC) know what the Bill of Rights says. If somebody has been arrested, they should be presented before any court of law within 24 hours. They should inform their families. Those suspects have a right to contact their lawyers.

difficulties to your own party like what I have seen in Nyamira, where a nominated MCA of ODM, does not identify with elected and other nominated Members of ODM party. That is making our politics to be very untidy.

All over the world, political parties have aspects of discipline. Members of political parties must be disciplined. I support this Bill. At the right time, I also hope that I will ride on it to introduce some amendments. As we pick Members to various commissions, I hope we can have the face of Kenya in those commissions and stop this idea of people hoping from one commission to the other. Let us give Kenyans a chance to serve in these commissions.

When we passed this Constitution, we put a limited period of six years so that you serve, exit and give a chance to others. If you have been removed from office because of integrity issues, you cannot again tomorrow move and apply to the other commission. It is one Government, one country.

With those remarks, I support.

difficulties to your own party like what I have seen in Nyamira, where a nominated MCA of ODM, does not identify with elected and other nominated Members of ODM party. That is making our politics to be very untidy.

All over the world, political parties have aspects of discipline. Members of political parties must be disciplined. I support this Bill. At the right time, I also hope that I will ride on it to introduce some amendments. As we pick Members to various commissions, I hope we can have the face of Kenya in those commissions and stop this idea of people hoping from one commission to the other. Let us give Kenyans a chance to serve in these commissions.

When we passed this Constitution, we put a limited period of six years so that you serve, exit and give a chance to others. If you have been removed from office because of integrity issues, you cannot again tomorrow move and apply to the other commission. It is one Government, one country.

With those remarks, I support.

Proceed, Sen. Nyamu.

Thank you, Mr. Speaker, Sir. From the outset, I want to thank my friend ----

Sen. Nyamu, it is not ‘Mr. Speaker.’

As I speak, 21 counties have been allowed to continue without representation of any PWDs. That includes Nairobi City County, Isiolo, Machakos, Kisii and many others, 21 of them. So, I want to laud her for the good job that she is doing and let us ensure that we are not diminishing the advocacy of the various interest groups that we have in our society.

As I speak, 21 counties have been allowed to continue without representation of any PWDs. That includes Nairobi City County, Isiolo, Machakos, Kisii and many others, 21 of them. So, I want to laud her for the good job that she is doing and let us ensure that we are not diminishing the advocacy of the various interest groups that we have in our society.

Sen. Osotsi, you have the Floor.

Thank you, Madam Temporary Speaker, for this opportunity to also make my comments on this very important Bill, the County Government's Election Laws (Amendment) Bill (Senate Bills No.2 of 2024) by the distinguished Sen. Crystal Asige.

I must start by congratulating her for the excellent work she is doing bringing a number of Bills and also for the effective representation of the persons with disability in this House. This demonstrates that ODM is a party of quality when you look at this House.

Madam Temporary Speaker, I know you served as the Chairperson of the Election Board of the party. I want to say here that you did a good job because the quality of the persons who have been nominated in the National Assembly and the Senate for the ODM party is of very high quality.

The distinguished Sen. Asige---

Sen. Nyamu, do you have a point of order? What is your point of order?

Madam Temporary Speaker, Sen. Osotsi is taking this opportunity to speak of his party---

What is your point of order? Under what Standing Order?

Madam Temporary Speaker, I forgot the actual---

Madam Temporary Speaker, this is misconduct. She is trying to waste my time.

Sen. Nyamu, can you just go straight to what your point of order is?

Madam Temporary Speaker, my point of order is that we are contributing to the amendment of the law; this is not an ODM meeting.

This Bill will give clarity because Sen. Crystal Asige is proposing that we need to be very specific that two of the people to be nominated must be youth. Secondly, two of the people to be nominated must be people representing a marginalized group and then 5 per cent of the representation in the county assembly should be people with a disability.

This is commendable and it will also give clarity to the Election Act, which, when it comes to making this determination after the election, we have had challenges at the IEBC, where you find that some of the people who are nominated under the youth are not youth. Some of the people who are nominated to represent the marginalized groups are not actually a marginalized group.

In some cases, persons who are nominated to represent PWDs are not strictly PWDs. So, this will give clarity to Article 177 of the Constitution and, therefore, enhance the number of people who are nominated, particularly for PWDs. This is commendable.

The increase of the number to 5 per cent is also commendable. However, allow me to also say something. Whereas I fully support this proposal, again we would like the people who are nominated to serve in the county assembly, the National Assembly and the Senate to be people who will effectively represent the party.

It is good to have people in these categories, but it is also another issue to have the right people representing the interests of these groups. It is very disappointing that in some county assemblies, you find people who have been nominated either under the category of gender, PWDs, or youth and they cannot even speak English. The only language they know is their mother tongue.

So, I encourage political parties who are nominating bodies to ensure that whereas it is important to comply with the law. It is also important that the persons who are nominated to represent political parties are capable people, people who can effectively represent those political parties, not people who have been taken there just to reward them for maybe relations with the key people in the party, or maybe because they are favoured in the party.

We would like to have people like Sen. Crystal Asige here, quality people representing the parties and that is how we will grow our democracy. However, if we end up nominating people who cannot speak, people who cannot perform their role, then it defeats the purpose of having Article 177 of the Constitution.

We also need to have legal clarity on marginalized groups because the law does not define who is marginalized. If you look at the Election Act, it is not clear who is marginalized. We need to be told that in law.

I would propose to Sen. Asige to include an amendment on the definition of a marginalized group because while nominating people, because of lack of that clarity, you may find that even maybe a particular profession in a county is marginalized.

For example, the number of doctors in a certain county is less than any other profession. Is that group not marginalised? We also have other groups within the county that could easily fall under marginalised group. You end up having the ideal marginalised group being left out because of this lack of clarity on who belongs to marginalised group. That definition is vital so that we ensure that there is fairness and transparency in nomination of people to serve in the county assembly.

Mr. Speaker, Sir, Sen. Omogeni has referred to IEBC---

Order, Sen. Osotsi! You keep referring to me as ‘Mr. Speaker.’

Order, Sen. Osotsi! You keep referring to me as ‘Mr. Speaker.’

Madam Temporary Speaker, for those few remarks, I support. I again commend VIP, Sen. Crystal Asige, for this wonderful job she has done. You are doing so well. You have justified your nomination by ODM to serve in the Senate.

I thank you.

Madam Temporary Speaker, for those few remarks, I support. I again commend VIP, Sen. Crystal Asige, for this wonderful job she has done. You are doing so well. You have justified your nomination by ODM to serve in the Senate.

I thank you.

The Mover may reply.

personal level. Change will never happen without people understanding viscerally and literally, not just figuratively, the issues that PWDs go through in this country.

It is not just a technical matter; it should be something that every single Senator takes personally. Injustice must be taken personally. I continue to plead and beg for support throughout the next few stages of this Bill proposal from colleague Senators to remember that this is not just about words on a piece of paper, but it is about changing people's lives.

Madam Temporary Speaker, I get several calls from PWDs across this nation, even outside, asking me to support them, help them with their challenges and amend different laws so that they can be recognised and represented, not just quantitatively, but also qualitatively. I am only one person. I wish I could be everywhere and help absolutely every single person who reaches out to me.

Still through this amendment Bill that I am putting forth to the House, I am hoping that when there are more PWDs in the county assemblies who are, as my deputy party leader has said, people of calibre with disability. People who understand matters with regard to disability, who are experts in the field, not just somebody who has a disability, but somebody who focuses and keenly represents PWDs. Only then will people at the grassroots feel represented because I cannot do it alone on the national level.

Every single county must have quality and high-calibre representation in the county assemblies of people with disabilities, youth, and other marginalised groups within the counties. Otherwise, what we are doing at the national level will never be felt on the ground. Twenty-one county assemblies with no PWD representatives?

That should come as a huge shame, not just to the county assemblies, but to us at the national level, to county representatives who are the Senators of these 47 counties. For them, it should be their priority in this House because the county elects them to represent every person in their county and take this as a priority item.

If you are in Kwale, the Senator for Kwale should make this a priority item. Why is Kwale not complying with the Constitution? Why is Nyamira not complying with the Constitution? Why is Nairobi, the capital city with the highest population of not just Kenyans, but Kenyans with disabilities, not complying with the Constitution? That should not be something that should be left to just myself to try and legislate. It should be everyone's business. That is what I have tried my best to highlight in this amendment Bill.

I do appreciate the recognition by all colleague Senators that this is an item that needs to be resolved before the next general elections in 2027. Every day and month that we lose to enact this piece of legislation means that we are getting further away from what

the Constitution envisioned in terms of full representation and meaningful participation of every single Kenyan because Kenya is not just yours as a non-disabled person. Kenya is also mine as a disabled person. It is also mine as someone with a neurodiverse disability.

Kenya also belongs to people with autism. It also belongs to people with cerebral palsy. It belongs to people with Asperger's, Down syndrome, epilepsy and stammering. It

belongs to absolutely every one of us. The more we continue ignoring that fact, the more we are leaving out a huge population, the biggest minority group in the country.

Let me also emphasise that when it comes to election cycles, every single candidate will come to us and then disappear once they get what they want. However, I want to remind those political aspirants, young and old, that our vote is not disabled. Why is it that when you come to us for our vote, you do not see the disability. However, once you get what you want, you forget that there are people with disabilities who support you to get to where you are. Our vote is not disabled. Therefore, you should not continue disabling us further in terms of lack of representation on both levels.

Madam Temporary Speaker, I also want to encourage PWDs in the country that this is for them. When they hear about this Bill, I do hope that they push their county assembly speakers and their county assembly representatives to make this a priority issue as well.

People in the public should go to their county assembly and ask: Why is it that you are one of the 21 county assemblies that have no PWD representation? That should be something that the public can absolutely take on and ask them, write letters, petition the county assemblies, ask them these questions and hold them accountable.

In addition, if you are in a political party, every single one of them, including my own, has a disability league. We should be asking these questions and ensuring that in the next elections, which are fast approaching, these issues are prioritized. These issues should be resolved to a level that will ensure that we do not continue to leave this huge minority group behind.

Madam Temporary Speaker, every single party, or at least my own party, the ODM, has a strong youth league. We need young people and other marginalised groups to speak out for themselves. However, we cannot do it alone because we are a minority. The majority of you who are non-disabled can also support us in this agenda in this campaign. We need full representation at the national and county levels.

I am touched by all the sentiments that have been shared about my work in the Senate. I really do not take that for granted because when I work, I want people to know that the narrative of disability can change and should change. I want to be one of the people or one of the many people who can help move that narrative forward.

We are not disabled, but we have exponential creativity; exponential brilliance and capacity to do the job, so long as we are given an up-level playing field. That is important for Kenyans and the world to know, especially in Africa because we are conditioned beyond repair.

It is unfortunate how PWDs are treated across African nations. They are not given leadership that will further our cause, our fight for equality and equity and the push for diversity in leadership.

I also take this opportunity, as I close, to thank my party, ODM, but more than that, I thank my party leader, Hon. Raila Odinga, for giving me this opportunity. I do not see it as something small. I never have because of someone like him, seeing somebody like me, a visually impaired person, the first Senator in this House to have a visual impairment, and him, as well as our elective committee, thinking or believing that I can

do what I am brought here to do, does not fall on deaf ears. It is not for me and not for disabled fraternity at large.

Madam Temporary Speaker, I am extremely grateful for the opportunity. I do hope that for the next few years, however long my stint in politics will last - for sure in leadership in general, which will last for a very long time if it is offered to me - I will continue to fly the flag high for PWDs. Hopefully, with the support of this House, it will start with county assemblies ensuring that we have full representation in all the 47 counties. None should be left behind.

There is no excuse in this day and age to say that we cannot find PWDs or we do not know what they can do. There are millions of us. The point that has been made is extremely important that we need to get away from the idea that disability is only one, two or three categories. There are several. That is why in this particular Bill proposal, I included neurodiverse disabilities, which include all the ones I listed as I was moving the Bill and as I make this contribution.

Like I said, maybe one day we will have a Governor with autism. Why not have that celebrated? Every one of us is affected by PWDs in one way or the other. We impact life in general, not just on a personal level. We can be innovators as well. We can be strong employees. We can support all types of systems and areas of development in this country if we are included.

I want to stop there. Again, I thank every Senator for their contribution. I will continue to work strongly in this field, not just in disability, but also the youth and women. This is because that is the intersectionality that I represent when I stand in this House; none of the three will be left behind if I have anything to say about them.

Disability, youth and women is not just the work I do; it is the life that I live. I believe that having experience always help to enrich and impassion things that an individual does.

In closing, Madam Temporary Speaker, I do wish under Standing Order No.66(3) to request deferment of putting of the question to a later date.

I thank you.

do what I am brought here to do, does not fall on deaf ears. It is not for me and not for disabled fraternity at large.

Madam Temporary Speaker, I am extremely grateful for the opportunity. I do hope that for the next few years, however long my stint in politics will last - for sure in leadership in general, which will last for a very long time if it is offered to me - I will continue to fly the flag high for PWDs. Hopefully, with the support of this House, it will start with county assemblies ensuring that we have full representation in all the 47 counties. None should be left behind.

There is no excuse in this day and age to say that we cannot find PWDs or we do not know what they can do. There are millions of us. The point that has been made is extremely important that we need to get away from the idea that disability is only one, two or three categories. There are several. That is why in this particular Bill proposal, I included neurodiverse disabilities, which include all the ones I listed as I was moving the Bill and as I make this contribution.

Like I said, maybe one day we will have a Governor with autism. Why not have that celebrated? Every one of us is affected by PWDs in one way or the other. We impact life in general, not just on a personal level. We can be innovators as well. We can be strong employees. We can support all types of systems and areas of development in this country if we are included.

I want to stop there. Again, I thank every Senator for their contribution. I will continue to work strongly in this field, not just in disability, but also the youth and women. This is because that is the intersectionality that I represent when I stand in this House; none of the three will be left behind if I have anything to say about them.

Disability, youth and women is not just the work I do; it is the life that I live. I believe that having experience always help to enrich and impassion things that an individual does.

In closing, Madam Temporary Speaker, I do wish under Standing Order No.66(3) to request deferment of putting of the question to a later date.

I thank you.

That is deferred.

Hon. Senators, pursuant to Standing Order No.45, I wish to reorganise the sequence of the proceedings, so that we move to Order No.25.

Senate Majority Leader, proceed.

counsels for county assemblies stand on the dock there and counsels for county governors take the floor are financial management of our resources at the county level.

One of the ways in which county assemblies are weakened is by the very basic fact that for them to even just get their salaries, something that is constitutionally and statutory guaranteed. Most time, our MCAs have to sing to the tunes of the executives. It is unfortunate. In fact, as a Senate, we owe them an apology for having taken long to free them from that kind of slavery.

We are completely unfair to our brothers and sisters in the county assemblies. As Parliament, we have our own votes. When we make our determination on issues, there is nothing that the Executive can do.

Despite the fact that we share resources given by the National Treasury, our requests do not go through anybody else. Once the Clerk of this House signs imprest warrants, they go straight to the National Treasury, we get our salaries, mileage allowances and whatever facilitation that we need to perform our constitutional mandate.

Madam Temporary Speaker, can you imagine the humiliation that a clerk of a county assembly has to go through when they apply through the County Executive Committee Member (CECM) for Finance? For example, they may be told that the previous week they did not like the kind of things they were saying. They may be asked why they are not respectful to the Governor or why their Majority Leader is insulting a particular CECM at public functions.

That was not the constitutional design of how county governments are supposed to function. That is why we made the decision at the Senate Business Committee (SBC) this afternoon, to give priority to this particular Bill. We want Members speak to it in order to conclude the process, find a champion for the same in the National Assembly, and if possible, before we break for the long recess in December, grant our county governments the financial autonomy that they have been yearning for too long.

Madam Temporary Speaker, that is why this afternoon, I invite the House to read through this very basic elementary legislation, which can be understood by even non- practitioners of law. We have to do this because we know what our county assembly members have to go through.

Madam Temporary Speaker, there is the office of the Controller of Budget (CoB) which has a representative in every county government. Just to digress a bit, I saw the new Cabinet Secretary for National Treasury and Economic Planning, hon. John Mbadi say something that I have always tried to canvass on this Floor, but no one seems to be paying attention. You will recall, that a few months ago, I asked, the substantive Speaker to invite Madam Margaret Nyakang’o, the CoB to come and have a conversation with the Senators.

The reason I wanted her to appear before this House was because I wanted to understand why we cannot decentralise the operation of her office to all the 47 county governments. Why is it that in this day and age, despite all the advancements in technology, CECMs have to travel from Lamu, Busia, Bungoma, Kericho and other counties to camp in Nairobi for two to three days and sometimes even weeks on end, for them to get access to the funds that are due to them?

Madam Temporary Speaker, I must say that is an extortion racket and it must be broken. She has to find the courage and the conviction that is needed of every constitutional officeholder to know that the Constitution never anticipated a scenario where, a public officer will create bottlenecks for constitutional fruits such as devolution. What is so difficult in having this office decentralised, the same way we are proposing here?

The reason why I speak to this issue is that despite the fact that in every county, there is an officer representing her office, those officers just do the clerical work of approving what has been expenditure, returning the monthly returns, but not on the final decision of whether or not to release the funds.

Sen. Sifuna and all the Senators who are here should speak to their CECMs for finance. Have a conversation with them and ask them what it takes after we have passed the Appropriation Bill in this House. You would expect that money will go directly to Nairobi City County after they have met the constitutional provisions. There is a whole process and CECMs for finance are looking up to us, to provide direction.

That is beside the point. However, I felt that it was important to establish ways in which devolution continues to be undermined by various institutions and individuals that we have granted power to ensure this best innovation in this country since 1963 does survive and live up to the expectation of Kenyans as envisioned in the Constitution, 2010.

Madam Temporary Speaker, this Bill has very few clauses like I pointed out already. Its principal object is to amend the PFM Act, which is CAP 412(A) and establish what is being referred to in this Bill as the County Assembly Service Fund in order to anchor this fund in the PFM Act and ensure that our county assemblies have direct access to monies in the fund. The overarching objective of this amendment is to ensure that the legislative arm in our county assemblies, just like us who serve in the legislature, can effectively discharge their constitutionally guaranteed duties; devoid of any intimidation or threats from any quarters in our county. Part A of this Bill provides for the establishment of this County Assembly Services Fund.

Secondly, this fund will be used to defray administrative expenses of a county assembly for acquisition of proper maintenance of building grounds and other assets of the county assembly, pay salaries and any other purposes provided for in the constitution and any other written law. This fund will also provide for all received savings and accruals to the fund. At the end of each financial year, the balance of the fund shall be passed on to the County Assembly Services Fund and managed in accordance with all the provisions of our Constitution.

Madam Temporary Speaker, it further provides that the Appropriations Bill for a respective county shall be accompanied by a schedule setting for the county’s monthly disbursement to the fund from the County Revenue Fund (CRF) and, therefore, ensure that the CoB will have viewer rights. I like this - viewer rights - to see how much is there, but not to provide another control platform whereby, county assemblies again will be told that, instead of just the CECM for finance traveling to Nairobi until they resolve that particular issue, even clerks will now be forced to come to Nairobi to access those funds.

I do not think that was the design of our Constitution. Wherever Madam Margaret Nyakang’o is watching from, the House of the Senate demands that she decentralizes the

operations of her office so that CECMs do not have to physically travel to Nairobi and stay in her office for two or three weeks trying to get access to funding. That is not what this Constitution expects of that office.

Madam Temporary Speaker, each financial year, a county government entity holding appropriated money that was withdrawn from the county exchequer account or the County Assembly Service Fund, but has not spent it, shall repay the unspent money to the county exchequer account or the County Assembly Service Fund and prepare.

That is the usual basic management of what happens to funds. At the end of every financial year, we also declare what we have not able to spend. Once you declare it, you provide the proper provisions of how you intend to honour those obligations.

What is the consequence of this Bill? This Bill intends to provide a channel through which monies allocated to the county assemblies will be disbursed with the intention being to ensure that the county assemblies are able to access the monies when need arises without solely relying on county treasuries.

Madam Temporary Speaker, I have explained Sen. Godfrey Osotsi why it is extremely wrong for us to sit here as Senators for the last 12 years and allow our colleagues in the county assemblies to go with a begging bowl to the county treasury accounts. It completely undermines their independene and completely exposes them to be manipulated in how they perform their activities and duties.

Madam Temporary Speaker, with this simple amendment to the PFM Act and setting up in place this fund, then our county assemblies will operate better that they normally do. Who will be the administrator? The administrator of the fund shall ensure that payments are made from this fund subject to approvals from the CoB. We are not saying that this is a fund which will be operated outside the confines of the law. We already know that the public finance management and our Constitution grants all powers of public expenditure to the CoB. Once those amendments are filed; they will be contained there. Financial reports will be submitted to the CRA and another copy to the COB.

Madam Temporary Speaker, it is also important that a copy be sent to the Senate and perhaps the committee that will handle this will send. The clerk of the county assembly may in writing authorize---

operations of her office so that CECMs do not have to physically travel to Nairobi and stay in her office for two or three weeks trying to get access to funding. That is not what this Constitution expects of that office.

Madam Temporary Speaker, each financial year, a county government entity holding appropriated money that was withdrawn from the county exchequer account or the County Assembly Service Fund, but has not spent it, shall repay the unspent money to the county exchequer account or the County Assembly Service Fund and prepare.

That is the usual basic management of what happens to funds. At the end of every financial year, we also declare what we have not able to spend. Once you declare it, you provide the proper provisions of how you intend to honour those obligations.

What is the consequence of this Bill? This Bill intends to provide a channel through which monies allocated to the county assemblies will be disbursed with the intention being to ensure that the county assemblies are able to access the monies when need arises without solely relying on county treasuries.

Madam Temporary Speaker, I have explained Sen. Godfrey Osotsi why it is extremely wrong for us to sit here as Senators for the last 12 years and allow our colleagues in the county assemblies to go with a begging bowl to the county treasury accounts. It completely undermines their independene and completely exposes them to be manipulated in how they perform their activities and duties.

Madam Temporary Speaker, with this simple amendment to the PFM Act and setting up in place this fund, then our county assemblies will operate better that they normally do. Who will be the administrator? The administrator of the fund shall ensure that payments are made from this fund subject to approvals from the CoB. We are not saying that this is a fund which will be operated outside the confines of the law. We already know that the public finance management and our Constitution grants all powers of public expenditure to the CoB. Once those amendments are filed; they will be contained there. Financial reports will be submitted to the CRA and another copy to the COB.

Madam Temporary Speaker, it is also important that a copy be sent to the Senate and perhaps the committee that will handle this will send. The clerk of the county assembly may in writing authorize---

The Senate Majority Leader, you have a maximum of 17 minutes to move the Bill.

Madam Temporary Speaker, I am even concluding because my seconder is here, though I can see the time.

You can finish it within the 17 minutes.

Finally, on 109(e), the county treasury shall at the beginning of every month and in any event, not later than the 15th of the month from commencement of the month, disburse monies to that Fund for the expenditure of the following month. Demanding it by way of constitution and by way of statute, so that nobody is controlled from other avenues.

Madam Temporary Speaker, with those remarks, I beg to move and urge my colleagues to support this legislation so that we can dispense of it.

Finally, on 109(e), the county treasury shall at the beginning of every month and in any event, not later than the 15th of the month from commencement of the month, disburse monies to that Fund for the expenditure of the following month. Demanding it by way of constitution and by way of statute, so that nobody is controlled from other avenues.

Madam Temporary Speaker, with those remarks, I beg to move and urge my colleagues to support this legislation so that we can dispense of it.

I hereby extend the Sitting by a maximum of 15 minutes to allow the seconder.

Madam Temporary Speaker, I would like to conclude by saying that it is the only fair thing that we can do to our county assemblies. By the time we meet at the next Legislative Summit - I do not know why we have not reported any - we will have something positive to report as having made a significant contribution in making our county assemblies more efficient and perform their constitutionally granted duties in a more responsible manner.

With those remarks, Madam Temporary Speaker, I beg to move and request the Senator for Nairobi City County, Sen. Edwin Sifuna, to second.

I thank you.

Sen. Sifuna, please proceed.

form that the County Executive Committee Member (CECM) responsible for Finance and Economic Planning must sign for you as a Clerk or the leadership of the Assembly to be able to access your funds.

We have been told even here in Nairobi City County by our own MCAs that the Form C has been used very punitively by the Executive, where you have to run around the entire country, even the world, looking for the signature of the CECM. You will be told today he is unwell, tomorrow he has travelled, tomorrow he is attending to a certain conference and that, he will not be able to come back to the county until a certain time.

Madam Temporary Speaker, if you are the people to oversight the Executive, you cannot be at the whims of the Executive when your operations money, even money for the salaries of the MCAs is at the whims of the Executive

So, I am proud and sure when we all shall go back to the counties, we will have something to report to the county assemblies. That these are things that we have done in order to enhance their capacity to oversight the county executive. The situation as it is right now is that county assemblies are extremely constrained in their oversight responsibilities because of the current obtaining situation.

It is why we have county executives. I do not want to mention names because people will start crying that want to even control the leadership of the Assembly. That if you do not co-toe to the wishes of the Governor in your Assembly, he can as well decide that this Assembly will run to a halt. All your activities will ground to a halt. I have cases where the county governor insists on even designating who is the Majority Leader, the whip, who is in the leadership or the Speaker of the House. If you are not towing to his life, he makes sure that life is extremely difficult for you.

Madam Temporary Speaker, we have been to county governments and county assemblies. Even this drinking water that we find plenty here at the Senate, you are told we do not have a budget to buy water, for the Members, forget about even salaries and parks. If you just look at the way the Assembly is operating, you know that they have been put on a very short leash by the Governor. If you are not playing ball, you will not get those resources.

For me, it is a day of pride. That we can pass legislation that frees the assemblies across the country to properly function, especially in their supervisory roles.

If I can go to the specific provisions of the proposals in this particular Bill, I will start by Section 34 where we are transferring the County Assembly Fund from the County Assembly Services Act by deleting it from there and entrenching it in the Public Finance Management Act.

If you read the language of the new section--- I will read it so that you see the difference and the distinction. The Bill provides for the establishment under Section 109(a) of the County Assembly Fund, and it is to be in the Public Finance Management Act. It starts at subsection (2) by saying-

“There shall be paid into the County Assembly Fund, such monies as may be appropriated by the County Assembly from the County Revenue Fund established for each county.”

Madam Temporary Speaker, if my gadget can allow me here, I will read to you the language of the current Bill and understand where the problem is.

The current Section 34 of the County Assembly Services Act says: “There shall be paid into the County Assembly Fund, such monies as may in the future be appropriated from the Revenue Fund established for each county.” If you listen to the language that is employed in this new Bill, it tells you that there is a step forward in terms of ensuring that the powers of the Assembly to appropriate will be returned to the House. That because it is the County Assembly just like the National Assembly appropriates money for the National Government, it will be the responsibility of the Assembly itself to appropriate those monies from the County Treasury or the County Revenue Fund into the County Assembly Fund. This is big progress in my view.

If you look at 109(e), it designates the administrator of the County Assembly Fund, to be the Clerk of the House. This is very important because of the desire for us to have autonomy of the Assembly over their own monies.

Madam Temporary Speaker, under 34(5), this amendment here proposes that the fund that we are talking about, shall be an account at the Central Bank of Kenya, and not a County Account that can be played around with here by the local politics.

It is, therefore, important for us to support the amendments that are being proposed here because it goes to achieve a specific role that we have fought for a long time.

Madam Temporary Speaker, at the County Public Accounts Committee (CPAC), we have also had problems of County Assembly funds appropriated to the County Assembly, being returned back to the exchequer once the Financial year closes. At the Senate CPAC, there were cases where the exchequer, the National Treasury, would release monies on the day of the closing of the financial year. We have had cases of county assemblies who have been given money, for instance, for construction of county assembly buildings, parking and other development projects at the county assemblies. Once the clock strikes midnight on the 30th of June, if that money is unutilized, it is swept back to the national government.

In this particular Bill, I would like to refer you to the specific clause. Clause 109(a) says:

“Any unutilized balances in the County Assembly fund shall not lapse at the end of the financial year, but shall be retained for the purposes for which it was established.” So, if they had been set aside for the construction of County Assembly Chambers or improvement of any works around the County Assembly, they cannot be swept back.

Under Clause109 The Fund shall be used-

Madam Temporary Speaker, if my gadget can allow me here, I will read to you the language of the current Bill and understand where the problem is.

The current Section 34 of the County Assembly Services Act says: “There shall be paid into the County Assembly Fund, such monies as may in the future be appropriated from the Revenue Fund established for each county.” If you listen to the language that is employed in this new Bill, it tells you that there is a step forward in terms of ensuring that the powers of the Assembly to appropriate will be returned to the House. That because it is the County Assembly just like the National Assembly appropriates money for the National Government, it will be the responsibility of the Assembly itself to appropriate those monies from the County Treasury or the County Revenue Fund into the County Assembly Fund. This is big progress in my view.

If you look at 109(e), it designates the administrator of the County Assembly Fund, to be the Clerk of the House. This is very important because of the desire for us to have autonomy of the Assembly over their own monies.

Madam Temporary Speaker, under 34(5), this amendment here proposes that the fund that we are talking about, shall be an account at the Central Bank of Kenya, and not a County Account that can be played around with here by the local politics.

It is, therefore, important for us to support the amendments that are being proposed here because it goes to achieve a specific role that we have fought for a long time.

Madam Temporary Speaker, at the County Public Accounts Committee (CPAC), we have also had problems of County Assembly funds appropriated to the County Assembly, being returned back to the exchequer once the Financial year closes. At the Senate CPAC, there were cases where the exchequer, the National Treasury, would release monies on the day of the closing of the financial year. We have had cases of county assemblies who have been given money, for instance, for construction of county assembly buildings, parking and other development projects at the county assemblies. Once the clock strikes midnight on the 30th of June, if that money is unutilized, it is swept back to the national government.

In this particular Bill, I would like to refer you to the specific clause. Clause 109(a) says:

“Any unutilized balances in the County Assembly fund shall not lapse at the end of the financial year, but shall be retained for the purposes for which it was established.” So, if they had been set aside for the construction of County Assembly Chambers or improvement of any works around the County Assembly, they cannot be swept back.

Under Clause109 The Fund shall be used-

It is Clause 119 (a) .

Hon. Senators, it is now 6.45 p.m., and having concluded the business for which I extended the hours of sitting pursuant to Standing Order No.34 (2) (a) , the Senate stands adjourned until tomorrow Wednesday, 30th October, 2024, at 9.30 a.m.

The Senate rose at 6.46 p.m.

Hon. Senators, it is now 6.45 p.m., and having concluded the business for which I extended the hours of sitting pursuant to Standing Order No.34 (2) (a) , the Senate stands adjourned until tomorrow Wednesday, 30th October, 2024, at 9.30 a.m.

The Senate rose at 6.46 p.m.